Common use of Utilities and Services Clause in Contracts

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Landlord, at its expense, shall cause the Leased Premises to be individually metered for gas and electricity service, and shall install the meters and meter vaults and provide the service connections specified in the Plans and Specifications and as otherwise customarily provided. Landlord shall pay for all impact fees, tap fees, hook-up fees, sewer capacity fees, meters, meter vaults and any and all other associated fees whatsoever in connection with the provision of utilities to the Leased Premises, except Tenant shall be responsible pay for any service connection fees. Tenant shall obtain in its own name and shall pay promptly, directly to the appropriate suppliersupplier the cost of all utility services used solely on the Leased Premises, all charges for waterincluding the removal and disposal of trash from the Leased Premises. However, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all if any services or utilities are jointly metered with other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenantproperty, Landlord shall make a reasonable determination of Tenant's ’s proportionate share of the cost of such utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall pay such amount share to LandlordLandlord as a part of Operating Expenses. Except as provided below, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for in damages or otherwise for any failure or interruption of any utility or other Building service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇sums due hereunder. In the event of utility “deregulation”, Landlord shall choose the service provider. All utility services to the Leased Premises shall be provided by utility providers unaffiliated with Landlord, and shall not be subject to surcharge, ▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of up or other cost increase by Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of If Landlord if Landlord is fails to provide utility service specifically required to act be provided by Landlord under this Lease, and such interruption of service renders the Leased Premises or any portion of the Leased Premises untenantable for more than three (3) consecutive business days following after Landlord receives written notice from Tenant of such interruption of service, then rent shall ▇▇▇▇▇ with respect to Landlord there the area which is no HVAC service affected for each such consecutive day after the third business day during which the interruption continues. The rent abatement shall equal the then current Monthly Rental Installment due for the period of the interruption with respect to the square footage affected. The Leased Premises shall be considered untenantable if Tenant does not use the Leased Premises or electricity portion thereof affected in the conduct of its normal business operations as a result of said interruption of service to all the Leased Premises. It is agreed and understood that Tenant shall not use nor be entitled to use the Leased Premises or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation thereof affected to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if conduct its normal business operations during any day for which Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant obligated to Section 22.7 of this Lease▇▇▇▇▇ rent hereunder. The foregoing provisions abatement herein provided shall be Tenant's ’s sole recourse and exclusive remedy in the event of such an for interruption of servicesservice. In all events, and shall not apply in the case of Landlord agrees to use its reasonable efforts to restore any utility service that is interrupted (other than by the actions of parties other than LandlordTenant, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leaseagents and contractors) as soon as possible.

Utilities and Services. 15.1. Tenant shall, at its sole cost and expense, promptly and properly observe and comply with (including in the making by Tenant of any alterations to the Premises) all present and future orders, regulations, directions, rules, laws, ordinances, and requirements of all Governmental Authorities arising from the use or occupancy of, or applicable to, the Premises or any portion thereof. 15.2. Within sixty (60) days after the Term Commencement Date, and within sixty (60) days after the beginning of each calendar year during the Term, Landlord shall give Tenant a written estimate for such calendar year of insurance provided by Landlord (“Insurance Costs”). Tenant shall pay such estimated amount to Landlord in advance in equal monthly installments. Within ninety (90) days after the end of each calendar year, Landlord shall furnish to Tenant a statement showing in reasonable detail the costs incurred by Landlord for the operation and maintenance of the Premises during such year (the “Annual Statement”), and Tenant shall pay to Landlord the costs incurred in excess of the payments previously made by Tenant within ten (10) days of receipt of the Annual Statement. In the event that the payments previously made by Tenant for the operation and maintenance of the Premises exceed Tenant’s obligation, such excess amount shall be responsible credited by Landlord to the Rent or other charges next due and owing, provided that, if the Term has expired, Landlord shall remit such excess amount to Tenant. 15.3. Tenant shall make all arrangements for and shall pay promptly, directly to the appropriate supplier, for all charges for water, sewer, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance telephone service and all any other utilities, materials and services furnished directly to service or utility Tenant or required at the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2Premises. Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished to the Premisesservice, and no whether or not such failure is caused by accident; breakage; repair; strike, lockout or interruption other labor disturbance or labor dispute of any character; governmental regulation, moratorium or other governmental action (collectively, “Force Majeure”). In the event of such failure, Tenant shall not be deemed an eviction or entitle Tenant entitled to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations termination of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service any abatement or electricity service to all or a portion reduction of the PremisesRent, or such an interruption relief from the operation of other essential utilities and building services, such as fire protection any covenant or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 agreement of this Lease. The foregoing provisions Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be Tenant's sole recourse and remedy in furnished to the event of such an interruption of servicesPremises during or, and shall not apply in if Tenant occupies the case Premises after the expiration or earlier termination of the actions of parties other than LandlordTerm, its employees, contractors or authorized agents, or in case of damage to, or destruction of, after the Premises, which shall be governed by the provisions of Article XI of the LeaseTerm.

Utilities and Services. (a) Tenant shall be responsible contract for and shall pay promptlyfor directly the cost of all water, directly to the appropriate suppliersewer use, all charges for watersewer discharge fees and sewer connection fees, gas, electricity, sewer, heat, light, power, telephoneelectricity, refuse pickup, janitorial service, interior landscape maintenance telephone and all other utilities, materials and services furnished directly utilities billed or metered separately to Tenant or the Premises and/or for any such utility fees or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services use charges that are not billed or metered separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount reimburse Landlord therefor pursuant to Landlord, Paragraph 5 as an item of additional rentOperating Expense. ▇▇▇▇▇▇ further agrees to timely and faithfully pay, within fifteen prior to delinquency, any amount, tax, charge, surcharge, assessment or imposition levied, assessed or imposed upon the Premises, or ▇▇▇▇▇▇’s use and occupancy thereof. (15b) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise to Tenant for any interruption or failure or interruption of any utility or other service furnished services to the Premises, and no such failure Building or interruption the Premises which is not caused by the active negligence or willful acts of Landlord. Tenant shall not be deemed an eviction relieved from the performance of any covenant or entitle Tenant to terminate agreement in this Lease or withhold or ▇▇▇▇▇ because of any rent due hereundersuch failure. Landlord shall at make all reasonable times have free access repairs to all electrical the Premises required to restore such services to the Premises and mechanical installations of Landlord. Notwithstanding the foregoing, if cost thereof shall be payable by Tenant pursuant to Paragraph 5 as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premisescurrent Operating Expense, or such as a capital expense which is amortized over its useful life (together with interest thereon) as an interruption of other essential utilities Operating Expense in accordance with terms and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenantconditions set forth in Paragraph 5(b); provided, however, that if Landlord such failure is diligently pursuing caused by the repair active negligence or willful acts of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipmentLandlord, then there Landlord shall bear such costs. (c) In the event that Tenant is permitted and elects to contract directly for the provision of electricity, gas and/or water services to the Premises with the third-party provider thereof (all in Landlord’s reasonable discretion), Tenant shall within ten (10) business days following its receipt of written request from Landlord, provide Landlord with a copy of each requested invoice from the applicable utility provider. Tenant acknowledges that pursuant to California Public Resources Code Section 25402.10 and the regulations adopted pursuant thereto (collectively, the “Energy Disclosure Requirements”), Landlord may be required to disclose information concerning Tenant’s energy usage at the Building to certain third parties, including without limitation, prospective purchasers, lenders and Tenants of the Building (the “Tenant Energy Use Disclosure”). Tenant hereby (A) consents to all such Tenant Energy Use Disclosures, and (B) acknowledges that Landlord shall not be an abatement required to notify Tenant of Basic Rent any Tenant Energy Use Disclosure. Further, Tenant hereby releases Landlord from any and all losses, costs, damages, expenses and liabilities relating to, arising out of and/or resulting from any Tenant Energy Use Disclosure. The terms of this Paragraph shall survive the expiration or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 earlier termination of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant shall timely pay when due directly to the applicable electric utility company and service provider all charges for electricity, telephone, internet and other communication services and shall have such services in its name; provided, however, to the extent that electricity is submetered or check metered to the Premises, Tenant shall pay the costs of electricity directly to Landlord thirty (30) days after billing without Landlord ▇▇▇▇-up. Landlord shall have no obligation to provide utilities other than the utilities within the Premises as of the Term Commencement Date and which are listed on Exhibit D attached hereto (the “Term Commencement Date Utilities”). In the event Tenant requires additional utilities in addition to the Term Commencement Date Utilities, the installation and maintenance thereof shall be Tenant’s sole cost and obligation, provided that such installation shall be subject to the written consent of Landlord which shall not be unreasonably withheld, delayed or conditioned. Tenant shall have the right to install supplemental air conditioning units in the Premises and, in such case, Tenant agrees to install a separate electric meter for the operation of such supplemental air conditioning units and pay for such services directly to the utility provider. Landlord represents that Tenant shall not be paying utilities on those portions of the Premises that it has not yet taken possession of pursuant to the terms hereof (and Landlord agrees (i) to maintain such portions of the Premises in a manner which does not adversely impact Tenant’s use or enjoyment of its Premises then being occupied, and (ii) not to use such space prior to Tenant taking possession thereof for any purpose without the prior written consent of Tenant excluding the existing or contemplated tenant for approximately 10,000 square feet on the first floor). Tenant’s normal business hours are 6:00 a.m. to 7:00 p.m., Monday through Friday and 9:00 a.m. through 1:00 p.m. on Saturdays (referred to herein as “Normal Business Hours”). In the event Tenant shall require Building services other than during such Normal Business Hours which results in additional cost and expense to Landlord, Tenant shall be responsible to reimburse Landlord for such additional cost and expense reasonably incurred without Landlord ▇▇▇▇-up. Tenant agrees that in no event shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages any interruption or otherwise for any failure delay in relation to utilities serving the Premises caused by unavoidable accident, making of repairs, alterations or interruption improvements in the Building, labor difficulties, trouble in obtaining fuel, electricity or services or supplies, governmental restraints or the actions or inactions of any utility Tenant or those acting by, through or under Tenant, or other service furnished causes beyond Landlord’s reasonable control (but in respect of those matters for which Landlord is expressly responsible under this Lease, Landlord will use reasonable efforts under the circumstances to restore such services or make such repairs) and, in respect of those matters for which the PremisesLandlord is responsible, and no such failure or interruption Base Rent shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so each day that all or a portion Tenant’s use of the Premises cannot be used is materially curtailed thereby. See Section 23 below for provisions relating to defaults by Landlord and Section 42 below for provisions relating to Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease’s self help rights.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly 9.01 Subject to the appropriate supplierother provisions of this Lease, all charges for the following services are provided. A. Electricity, water, gasand elevator service (if elevators presently serve the Premises) are provided. B. Heating and air conditioning are provided 7:00 a.m. to 6:00 p.m. Monday through Saturday, electricityexcept holidays. If Lessee desires such service during other hours, sewer, heat, light, power, telephone, refuse pickup, Lessee must prearrange the same with Lessor and pay an additional charge for such service. C. Five days per week janitorial service, interior landscape maintenance periodic window cleaning, supplies for Building operation, and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereoncustomary services. If at Lessee uses any time after utility or service in excess of normal usage levels, as determined by Lessor in its sole discretion, Lessor shall have the Commencement Date any utilities or services are not separately metered or assessed right to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of charge Lessee for such excess use and to charge Lessee the cost of to separately meter such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall use. 9.02 Lessor will not be liable for damages or otherwise for deemed in Lessor Default, nor will there be any failure abatement of rent or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant right to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3a) consecutive business days following written notice any interruption or reduction of utilities, utility services or telecommunication services not caused by Lessor, (b) any telecommunications or other company (whether selected by Lessor or Lessee) failing to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of provide such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposesor providing the same defectively, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy and/or (c) any utility interruption in the event nature of blackouts, brownouts, or rolling interruptions. Lessee agrees to comply with any energy conservation programs required by law or implemented by Lessor. Lessee acknowledges that utility and service costs and availability may fluctuate significantly, due to power shortages or other events and factors, and Lessee accepts the risks of such an interruption of servicesfluctuations. Lessor reserves the right, and shall not apply in the case of the actions of parties other than Landlordits reasonable discretion, its employeesto designate, contractors or authorized agents, or in case of damage to, or destruction ofat any time, the Premises, which utility and service providers for Lessee’s use within the Property; no such designation shall be governed by impose liability upon Lessor. 9.03 Lessee has satisfied itself as to the provisions adequacy of Article XI any Lessor owned utility equipment and the quantity of telephone lines and other service connections to the LeaseBuilding available for Lessee’s use.

Utilities and Services. 16.1. Commencing on the Term Commencement Date, Tenant shall be responsible pay for all water (including the cost to service, repair and shall pay promptlyreplace reverse osmosis, directly to the appropriate supplier, all charges for de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If at any time after the Commencement Date any utilities or services are such utility is not separately metered or assessed to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such b▇▇▇▇▇▇▇ as part of the next Landlord’s Statement (or more frequently, as determined by Landlord) to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall make a reasonable determination of Tenant's proportionate share not recover more than one hundred percent (100%) of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2utilities. 16.2. Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished service, whether or not such failure is caused by accidents; breakage; casualties (to the Premisesextent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and no labor disputes resulting solely from the acts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by any Lender whose consent is required under any applicable Loan Document; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence (provided that, this sentence shall not limit Tenant’s recourse and remedy expressly set forth in this Section below in connection with a Material Services Failure (as defined below)). In the event of such failure or interruption failure, Tenant shall not be deemed an eviction or entitle Tenant entitled to terminate termination of this Lease or withhold any abatement or ▇▇▇▇▇ reduction of Rent, nor shall Tenant be relieved from the operation of any rent due hereundercovenant or agreement of this Lease. Landlord shall “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at all reasonable times have free access to all electrical and mechanical installations of Landlordthe applicable time based on historic meteorological records. Notwithstanding anything to the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under contrary in this Lease, if, for more than three ten (310) consecutive business days following written notice to Landlord there is no and as a direct result of Landlord’s gross negligence or willful misconduct (and except to the extent that such failure arises from any other factor, including any action or inaction of a Tenant Party (as defined below)), the provision of HVAC service or electricity service other utilities to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a material portion of the Premises cannot be used by Tenantthat Landlord must provide pursuant to this Lease is interrupted (a “Material Services Failure”), then Tenant's obligation to pay Basic Base Rent and Tenant’s Adjusted Share of Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Tenant’s Adjusted Share of Operating Expenses) shall thereafter be abated until the Premises are again useable usable by TenantTenant for the Permitted Use; provided, however, that that, if Landlord is diligently pursuing the repair restoration of such HVAC and other utilities or services and Landlord provides substitute services HVAC and other utilities reasonably suitable for Tenant's purposes’s continued use and occupancy of the Premises for the Permitted Use (e.g., as for example, bringing in portable air-supplying potable water or potable air conditioning equipment), then there shall not be an abatement neither Base Rent nor Tenant’s Adjusted Share of Basic Rent or Operating Expenses. Any disputes concerning the foregoing Expenses shall be resolved by JAMS arbitration abated. During any Material Services Failure, Tenant will cooperate with Landlord to arrange for the provision of any interrupted utility services on an interim basis via temporary measures until final corrective measures can be accomplished, and Tenant will permit Landlord the necessary access to the Premises to remedy such Material Service Failure. In the event of any interruption of HVAC or other utilities that Landlord must provide pursuant to Section 22.7 this Lease, regardless of the cause, Landlord shall diligently pursue the restoration of such HVAC and other utilities. Notwithstanding anything in this Lease to the contrary, but subject to Article 24 (which shall govern in the event of a casualty), the provisions of this Lease. The foregoing provisions Section shall be Tenant's ’s sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties HVAC or other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, utilities to the Premises, which shall be governed by the provisions of Article XI of the Leaseincluding related to Section 16.8.

Utilities and Services. (a) Commencing on the Commencement Date, Tenant shall be responsible for pay, prior to delinquency and shall pay promptly, directly to throughout the appropriate supplierLease Term, all charges for water, gas, electricityheating, ventilation, air conditioning, cooling, sewer, heat, light, power, telephone, refuse pickupelectricity, garbage, janitorial service, interior landscape maintenance landscaping and all other utilities, materials services and utilities supplied to the Premises. All charges for utilities and services furnished which are separately metered to the Premises or which are provided directly to Tenant or the Premises by utility companies or used third party providers shall be paid directly by Tenant in, on to such utility companies or about the Premises during the Term, together with any taxes thereonthird party providers prior to delinquency. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such All other charges for utilities and services and Tenant shall pay such amount to Landlordbe included in Operating Expenses recoverable by Landlord in accordance with Article IV. (b) The disruption, as an item of additional rentfailure, within fifteen (15) days after receipt of Landlord's statement lack or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption shortage of any service or utility or other service furnished with respect to the Premises, the Building or the Project due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and no such failure or interruption Tenant shall be deemed an eviction or entitle Tenant to terminate faithfully keep and observe all the terms, conditions and covenants of this Lease or withhold or ▇▇▇▇▇ any rent and pay all Rent due hereunder. Landlord shall at , all reasonable times have free access to all electrical and mechanical installations of Landlordwithout diminution, credit or deduction. Notwithstanding the foregoing, if Tenant is prevented from using, and does not use the Premises or any material portion thereof as a result of a disruption of utilities to the actions of LandlordPremises, its agentsand such disruption is caused solely, contractors without intervening cause by the intentional acts, gross negligence or employees or the inactions willful misconduct of Landlord or Landlord Parties (an “Abatement Event”), then Tenant shall give Landlord written notice of such Abatement Event, and if Landlord is required to act under this Lease, such Abatement Event continues for more than three five (35) consecutive business days following written notice (the “Eligibility Period”), then the Base Rent payable hereunder shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to Landlord there is no HVAC service or electricity service to all or a portion of be so prevented and does not use, the Premises, or such an interruption of other essential utilities and building servicesany material portion thereof, such as fire protection or water, so in the proportion that all or a portion the Rentable Area of the Premises canBuilding that Tenant is prevented from using, and does not be used use (the “Unusable Area”) bears to the total Rentable Area of the Building. In addition to the foregoing, if such disruption, failure, lack or shortage is caused by TenantLandlord’s negligent or willful failure to observe or perform its obligations hereunder, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion then, promptly after receipt of written notice from Tenant specifying such failure, Landlord shall initiate the cure of such Basic Rent failure and Operating Expenses thereafter shall diligently prosecute said cure to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leasecompletion.

Utilities and Services. Tenant (a) Licensee shall have 24-hour, 7-day-a-week access to the Building and passenger elevator service to the Licensed Space. Freight elevator service shall be available on business days from 8 a.m. to 4 p.m. If Licensee shall require freight elevator service during any other time, Licensor shall furnish same provided that Licensee gives Licensor advance notice and that Licensee pays, on demand, as License Consideration, Licensor’s then established charges therefor. (b) Licensor shall provide electric energy to the Licensed Space. Licensee shall pay Licensor for electricity consumed by Licensee in the Licensed Space. Licensor will permit the electrical risers, feeders and wiring in the Building serving the Licensed Space to be used by Licensee for such purpose to the extent that they are available, suitable, safe and within the plan and design capacities of the Building. Licensee shall not be required to pay Licensor more than the amount calculated by applying to the measured demand and/or usage of electrical current in or furnished to the Building, the average rate per unit of measurement, inclusive of applicable taxes, surcharges, time of day and other charges, payable by Licensor for electrical current furnished to the Licensed Space by the utility company serving the Building. Should any tax or charge in the nature of a tax be imposed upon Licensor’s receipts from the sale or resale of electrical current to the Licensed Space, then the pro rata share thereof allocable to the electrical current furnished to the Licensed Space shall be passed on to and paid by Licensee. Bills for Licensee’s usage of electrical current shall be paid within ten (10) days by Licensee as License Consideration. If due to any change in Legal Requirements Licensor shall not be permitted to provide electric energy to the Licensed Space, then this Agreement shall not be affected and Licensee shall arrange to obtain electric energy directly from the public utility company furnishing electrical service to the Building. In such event Licensee shall no longer pay Licensor for electricity consumed. (c) Licensee’s use of electrical energy shall never exceed the capacity of the then existing risers or wiring installation, in each case. In order to insure that such electrical capacity is not exceeded and to avert possible adverse effect upon the Building’s electrical system, Licensee shall not, without the prior written consent of Licensor, make or perform or permit any alteration to wiring installations or other electrical facilities in or serving the Licensed Space or any additions to the electrical fixtures, machines or equipment or appliances in the Licensed Space. Licensor shall not be obligated to consent to any such alteration or installation if, in Licensor’s judgment, the same are unnecessary or will cause permanent damage or injury to the Building, the Building equipment or the Licensed Space or will cause or create a hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. Only rigid conduit or such other wiring or conduit as shall not violate Legal Requirements will be allowed. (d) Licensor shall have no liability to Licensee for any loss, damage or expense which Licensee may sustain or incur by reason of any change, failure, inadequacy or defect in the supply or character of the electrical energy or emergency generator back-up power furnished to the Licensed Space or if the quantity or character of the electrical energy is no longer available or suitable for Licensee’s requirements, except for any actual damage suffered by Licensee by reason of any such failure, inadequacy or defect caused by Licensor’s gross negligence, and then only after actual notice thereof. (e) Licensor shall make available from the public water supply to a point or points at or near the Licensed Space selected by Licensor such quantities of domestic cold and hot water as Licensor, in its sole and absolute judgment, deems adequate for normal laboratory and ordinary lavatory, cleaning and drinking purposes. In the event that the Licensee requires hot or cold water for any purposes other than those specified in the preceding sentence, including, but not limited to high volume laboratory usage, Licensee shall pay Licensor, as License Consideration, for water consumed, as shown on separate submeters for cold and hot water maintained by Licensee, together with all sewer charges and any other rent, tax, levy or charge based thereon which now or hereafter is assessed, imposed or a lien upon the Licensed Space or the Building, as and when bills are rendered. Payment for cold water shall be at the rate charged by the City for cold water. Payment for hot water shall be at three (3) times such rate. Licensor shall have no liability to Licensee for any loss, damage or expense which Licensee may sustain or incur if the quantity or character of water service changes or is no longer available or suitable for Licensee’s purposes. (f) Licensee shall notify Licensor, within ten (10) days after the Commencement Date, of the water meter number of each water meter serving the Licensed Space and whether such meter is for hot water or cold water. If any such meter is installed subsequent to the taking of possession by Licensee, then Licensee shall notify Licensor of such information within ten (10) days after such installation. (g) Licensor shall make available to a point or points at or near the Licensed Space such piping, systems, equipment and facilities as Licensor, in its sole and absolute judgment, deems adequate to provide gas service for normal laboratory consumption. Licensee shall pay Licensor, as License Consideration, for any and all gas consumed. Meters may be installed and maintained by Licensor, at Licensee’s sole cost and expense. The rates charged by Licensor to Licensee for gas consumption shall not exceed the rates charged by the utility company providing such service. Payment for gas consumed by Licensee in the Licensed Space shall be made by Licensee as License Consideration within ten (10) days of Licensor’s ▇▇▇▇ therefor. Licensee shall make no alteration, addition or repair to the gas connection, installations, equipment and/or facilities without the prior written consent of Licensor in each instance. Licensor shall have no liability to Licensee for any loss, damage or expense which Licensee may sustain or incur if the quantity or character of the gas service is changed or is no longer available or suitable for Licensee’s requirements. (h) Licensor shall, without additional charge to Licensee, supply hot water for heat, and chilled water for air conditioning and ventilation to the Licensed Space through existing Building risers, radiators and air handlers during appropriate seasons as may reasonably be required by Licensee for ambient heating and cooling seven days a week, 24 hours a day. (i) Licensor shall provide cleaning services in accordance with the specifications annexed hereto as Exhibit D and made a part hereof. (j) Licensor shall supply compressed air and vacuum air to a point or points near the Licensed Space in quantities which Licensor deems adequate for normal laboratory purposes. If Licensee shall require additional compressed air and vacuum air in excess of that which Licensor deems adequate for the purposes set forth herein, Licensor shall furnish same at Licensor’s then established rates and same shall be payable by Licensee, as License Consideration, within ten (10) days of Licensor’s ▇▇▇▇ therefor. (k) Licensee shall be responsible for the proper storage and removal from the Licensed Space and the Building and the disposal of all of Licensee’s Hazardous Materials. Licensee shall pay promptlycontract for the disposal of Hazardous Materials, directly to the appropriate supplierat Licensee’s cost and expense, all charges for waterwith vendors approved by Licensor, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance in its sole and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together absolute discretion. In contracting with any taxes thereon. If at any time after such vendor, Licensor shall endeavor to ensure that Licensee shall receive the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption benefit of any utility or other service furnished volume discount granted to the Premises, and no Licensor by such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leasevendor.

Utilities and Services. Tenant a. Landlord shall furnish the following utilities and services to or for the benefit of the Premises: electric current (for lighting and operation of normal desk-type office machines); water; lavatory supplies; heat and air- conditioning during the appropriate seasons of the year as reasonably required; elevator service; and cleaning and char service (after 6:00 p.m. Monday through Friday, excluding federal public holidays ("Holidays")). Central air conditioning and heating shall be responsible for and shall pay promptly, directly supplied to the appropriate supplierPremises during Normal Business Hours (hereinafter defined). At times other than the Normal Business Hours, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance central air conditioning and all other utilities, materials and services furnished directly heating shall be provided to Tenant upon at least twenty-four (24) hours' prior notice from Tenant, and upon payment by Tenant of the hourly charge established by Landlord for each hour (or a portion thereof) of after-hours usage The current charge for such after-hours HVAC service is $35.00 per hour. As used herein, the term "Normal Business Hours" means Monday through Friday 8:00 a.m. to 6:00 p.m., Saturdays 8:00 a.m. to 1:30 p.m., excluding Holidays. In addition, Landlord may impose a reasonable additional charge for any additional or unusual services required to be provided by Landlord to Tenant because of the carelessness of Tenant, the nature of Tenant's business or the removal of any refuse and rubbish from the Premises except for discarded material placed in wastepaper baskets and left for emptying as an incident to Tenant's normal cleaning of the Premises. In the event that Landlord must temporarily suspend or curtail services because of accident and repair, Landlord shall have no liability to Tenant for such suspension or curtailment or due to any restrictions on use arising therefrom or relating thereto, and Landlord shall proceed diligently to restore such service. No interruption or malfunction of any such services shall constitute an actual or constructive eviction or disturbance of Tenant's use and possession of the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost Building or a breach by Landlord of such utilities and services and Tenant shall pay such amount to Landlord, as an item any of additional rent, within fifteen (15) days after receipt of Landlord's statement its obligations hereunder or invoice therefor. Alternatively, render Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for grant Tenant any failure right of setoff or interruption claim against Landlord or constitute a constructive or other eviction of Tenant or, except as expressly set forth immediately below, entitle Tenant to be relieved from any of Tenant's obligations hereunder (including the obligation to pay rent). In the event of any utility such interruption, Landlord shall use reasonable diligence to restore such services. Notwithstanding the foregoing, in the event that (i) any utilities or essential services being provided to Tenant hereunder are interrupted and such interruption renders the Premises untenantable for use and occupancy by Tenant, or (ii) owing to fire or casualty or other service furnished reasons not caused by, or within the control of, Tenant, Tenant is denied total access to the Premises, and no such failure interruption or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free denial of access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, Premises continues for more than three ten (310) consecutive business days following written notice days, and Tenant in fact ceases to Landlord there is no HVAC service use or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of occupy the Premises cannot be used by Tenantduring the entirety of such period of interruption or denial of access, then Tenant's obligation in such event Tenant shall be entitled to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Annual Base Rent and Additional Rent beginning on the date on which Tenant vacates the Premises and ending on the date on which such utility or Operating Expenses. Any disputes concerning service or access to the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the LeasePremises has been restored.

Utilities and Services. (a) Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's ’s proportionate share of the cost of such utilities and services services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen thirty (1530) days after receipt delivery of Landlord's ’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's ’s proportionate share of such costs in the manner set forth in Section 4.2. . (b) Tenant shall also pay to Landlord as an item of additional rent, within thirty (30) days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each Legacy HVAC Unit (as defined below) servicing the Premises, and no such failure or interruption . “After hours” shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for mean more than three thousand four hundred thirty-two (33,432) consecutive business days following written notice hours during each twelve (12) month period, commencing on the Commencement Date for the Laguna Canyon Premises (each, a “Legacy HVAC Recovery Period”), with such annualized allowance based upon sixty-six (66) hours of usage per week for the fifty-two (52) weeks during each Legacy HVAC Recovery Period during the Term. “After hours” usage shall be determined based upon the operation of the applicable Legacy HVAC Unit during each Legacy HVAC Recovery Period on a “non-cumulative” basis (that is, without regard to Landlord there is no Tenant’s usage or nonusage of other Legacy HVAC service Unit(s) or electricity service to all or a portion of New HVAC Units (as defined below) serving the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be applicable Legacy HVAC Unit during other Legacy HVAC Recovery Periods during the Term). As used by Tenantherein, then Tenant's obligation to pay Basic Rent “standard charges” shall mean (i) $1.00 per hour for 1-5 ton HVAC units, (ii) $5.00 per hour for 6-9 ton HVAC units, and Operating Expenses (iii) $10.00 per hour for HVAC units of 10 tons or an equitable portion of such Basic Rent and Operating Expenses greater (in addition to the extent that less than all of applicable electricity charges paid to the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there utility provider). New HVAC Units shall not be an abatement of Basic Rent subject to any standard charges or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy included in the event determination of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leaseafter hours usage.

Utilities and Services. Tenant shall be responsible for and shall pay promptly(a) Utilities include the following; Water, directly to the appropriate supplierwastewater, all charges for storm water, trash removal, gas, electricityand electrical power. Tenant is responsible for paying the cost of all utilities that are provided to the Premises whether or not the utility accounts are directly set up in Tenant's name or are paid by Landlord. If any utilities used by the Premises are billed to Landlord rather than to Tenant, sewerthen Tenant shall reimburse Landlord for such costs by paying a Utility Charge in addition to Basic Rental. Upon initial occupancy of the Premises, heatLandlord agrees to make the following utilities and installed fixtures available to the Premises at Landlord's sole cost and expense (i) water (including waste water disposal and storm water removal); (ii) air conditioning and heating units in existing locations and configurations; (iii) electric service and outlets; (iv) electrical lighting service for the exterior entrances and parking areas; and (v) natural gas service (if available within the project). Unless specifically provided in the special provisions of this Lease, lightLandlord has no obligation to alter the condition of any installed equipment or modify the capacity or configuration of utility service from that that exists on the date this Lease is signed. Landlord may, powerat its election, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and provide for routine trash removal services furnished directly to Tenant or the Premises or used by the Project from time to time. If trash removal services are provided, the costs will be treated either as Project Operating Costs and handled under paragraph 4 or billed to Tenant inon a pro rata basis under this paragraph S. In no event is Landlord responsible for any removal of any hazardous wastes or other regulated substances. All such utilities and services shall be in the size and configuration existing as of the date of this Lease and Tenant accepts such configuration and sizes as adequate. For any utilities that are separately billed to the Premises, on or about Tenant shall continuously maintain an active account with all utility service providers to the Premises during and such services must remain turned on until Landlord has inspected the Termspace and this Lease has terminated. (b) If the accounts for electricity, together with water, wastewater, storm water removal, gas, trash removal or any taxes thereonother utility in the Premises are separately metered Tenant shall, at its expense, arrange for those utility accounts to be set up in Tenants name as of the commencement date and shall promptly pay the cost of all utilities billed to those accounts until the later of: (i) expiration of this Lease or (ii) completion of Landlords final inspection of the Premises after Tenant vacates the Premises. Tenant shall also separately pay for janitorial services within the Premises. If at any time after the Commencement Date any utilities are billed in common for all or services are not separately metered or assessed to Tenantpart of the project, Landlord shall make a reasonable determination of Tenant's proportionate invoice Tenant for its pro rated share of the cost of such utilities and services Tenant shall promptly pay such charges to Landlord. Landlord may estimate Tenants share of any commonly billed utility expenses for the current calendar year and provide Tenant with a monthly Utility Charge that Tenant shall pay such amount in addition to LandlordBasic Rental, as an item Landlords initial estimate of additional rent, within fifteen (15) days after receipt commonly billed utility expense is set out in paragraph 1 above. After the end of Landlord's statement or invoice therefor. Alternativelyeach calendar year during the term of the Lease, Landlord may elect will make a final adjustment in utility billing to include such cost in reflect the definition of Project Costs in which event actual utility expense and Tenant will be billed or credited as appropriate. Tenant shall pay Tenant's proportionate share any sums owing for utilities within 30 calendar days of being billed by Landlord. (c) Landlord shall have no liability for any impairment of any utility or other services to the Premises resulting from any stoppage, interruption or inadequacy. If there is any such costs in the manner set forth in Section 4.2. impairment of utility or other services, Landlord shall not be liable for any resulting damages to either person, property or otherwise for any failure or interruption of any utility or other service furnished to business operations and the Premises, and no such failure or interruption impairment shall be deemed not: (i) constitute an eviction or of Tenant, (ii) entitle Tenant to terminate this Lease any abatement or withhold reduction of Basic Rental, Common Area Maintenance Fees, Utility Charges, Additional Rental or ▇▇▇▇▇ any rent other charges due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three or (3iii) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion relieve Tenant of the Premises, or such an interruption any of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of obligations under this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. To the extent, utilities are separately metered to include only the Leased Premises, Tenant shall be responsible for obtain in its own name and shall pay promptly, directly to the appropriate supplier, supplier the cost of all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials utilities and services furnished directly to Tenant serving the Leased Premises, including janitorial services. However, if any services or the Premises or used by Tenant inutilities are jointly metered with other property, Landlord, on or about the Premises during the Terma monthly basis, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable and equitable determination of Tenant's proportionate share of the cost of such utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers to Tenant) and Tenant shall pay such amount share to Landlord, as an item of additional rent, INDUSTRIAL LEASE Landlord within fifteen (15) days after receipt of Landlord's statement or invoice thereforwritten statement. AlternativelyExcept as expressly provided herein, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for in damages or otherwise for any failure or interruption of any utility or other building service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold sums due hereunder. In the event of utility "deregulation", Landlord may choose the service provider. In the event Landlord is responsible for an interruption in the supply of utilities as provided herein, and such interruption of service renders the Leased Premises or any portion of the Leased Premises untenantable for more than five (5) consecutive business days after Landlord receives written notice from Tenant of such interruption of service, Tenant shall be entitled to an abatement of Minimum Annual Rent and Tenant's obligation to pay its Proportionate Share of Real Estate Taxes and Operating Expenses with respect to the area which is affected for each day after the fifth (5th) business day that such area of the Leased Premises is so rendered until such service is restored. Provided, however, to the extent that such interruption is caused or continues as a result of the negligence or willful misconduct of Tenant, its agents, employees, contractors, subtenants, invitees or assignees, Tenant shall not be entitled to any abatement hereunder. The Leased Premises shall be considered untenantable if Tenant does not use the Leased Premises or portion thereof affected in the conduct of its normal business operations as a result of said interruption of service to the Leased Premises. It is agreed and understood that Tenant shall not use nor be entitled to use the portion of the Leased Premises affected by such interruption to conduct its normal business operations during any day for which Landlord is obligated to ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an The abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions herein provided shall be Tenant's sole recourse and exclusive remedy in the event of such an for interruption of services, and shall not apply in the case of the actions of parties other than Landlord, service. Landlord agrees to use its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leasereasonable efforts to restore such utility service as soon as possible.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen ten (1510) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord, provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors authorized agents or employees or the inactions of Landlord if Landlord is required to act under this Leaseemployees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating ExpensesRent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, of the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Landlord shall cause the Premises, the neighboring Premises within the Project, and the Common Areas (the Common Areas include any cooling towers, chillers and boilers, and any other equipment of Landlord for the common use of the Building) to be separately metered for electricity and Tenant shall be responsible for and shall pay promptly, the cost of all separately-metered utilities furnished to the Premises directly to the appropriate supplier, applicable utility provider. Tenant shall pay the Cost of all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials utilities and services (including any connection charges and taxes thereon) furnished directly to Tenant or the Premises or used by Tenant inTenant, on or about including electricity, water, heating, ventilating, air-conditioning, oil, sewer, gas, telephone, communication services, trash collection, and janitorial services. Landlord may furnish to the Premises during any of the Termutilities and services set forth in the preceding sentence, together with any taxes thereonin which case Tenant shall reimburse Landlord for Landlord’s cost of furnishing such utilities and services. If at any time after the Commencement Date Landlord may not be held liable for failure to furnish any utilities or services are to the Premises when such failure results from causes beyond Landlord’s reasonable control, If Landlord constructs new or additional utility facilities not separately metered included in Landlord’s Work, including wiring, plumbing, conduits, or assessed mains, resulting from Tenant’s changed or increased utility requirements, Tenant shall promptly pay to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the total cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice thereforitems. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption The discontinuance of any utility utilities or other service services, including Landlord’s discontinuance or failure to provide any of the utilities or services furnished by Landlord to the Premises, and no such failure or interruption shall neither be deemed an eviction actual or entitle constructive eviction, nor release Tenant to terminate from its obligations under this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access including Tenant’s obligation to all electrical and mechanical installations of Landlordpay rent. Notwithstanding the foregoing, if Landlord will be liable to Tenant, as a Tenant’s sole remedy, for 110% of the Basic Monthly Rent on account of any periods of interruption of utility services to the Premises during normal business days suffered by Tenant as the result of the actions of Landlord’s or its contractors’, its agents’, contractors employees’ or employees invitees’ gross negligence or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leasewillful misconduct.

Utilities and Services. Landlord shall cause the Premises, the neighboring Premises within the Project, and the Common Areas (the Common Areas include any cooling towers, chillers and boilers, and any other equipment of Landlord for the common use of the Building) to be separately metered for electricity and Tenant shall be responsible for and shall pay promptly, the cost of all separately-metered utilities furnished to the Premises directly to the appropriate supplier, applicable utility provider. Tenant shall pay the Cost of all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials utilities and services (including any connection charges and taxes thereon) furnished directly to Tenant or the Premises or used by Tenant inTenant, on or about including electricity, water, heating, ventilating, air-conditioning, oil, sewer, gas, telephone, communication services, trash collection, and janitorial services. Landlord may furnish to the Premises during any of the Termutilities and services set forth in the preceding sentence, together with any taxes thereonin which case Tenant shall reimburse Landlord for Landlord’s cost of furnishing such utilities and services. If at any time after the Commencement Date Landlord may not be held liable for failure to furnish any utilities or services are to the Premises when such failure results from causes beyond Landlord’s reasonable control. If Landlord constructs new or additional utility facilities not separately metered included in Landlord’s Work, including wiring, plumbing, conduits, or assessed mains, resulting from Tenant’s changed or increased utility requirements, Tenant shall promptly pay to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the total cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice thereforitems. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption The discontinuance of any utility utilities or other service services, including Landlord’s discontinuance or failure to provide any of the utilities or services furnished by Landlord to the Premises, and no such failure or interruption shall neither be deemed an eviction actual or entitle constructive eviction, nor release Tenant to terminate from its obligations under this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access including Tenant’s obligation to all electrical and mechanical installations of Landlordpay rent. Notwithstanding the foregoing, if Landlord will be liable to Tenant, as a Tenant’s sole remedy, for 110% of the Basic Monthly Rent on account of any periods of interruption of utility services to the Premises during normal business days suffered by Tenant as the result of the actions of Landlord’s or its contractors’, its agents’, contractors employees’ or employees invitees’ gross negligence or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leasewillful misconduct.

Utilities and Services. Tenant shall be responsible arrange for and shall pay promptlyall telephone, directly to the appropriate supplier, all charges for water, gas, electricity, sewerjanitorial services, heat, light, life safety systems and other power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials utilities and services furnished directly to Tenant which it shall require in connection with its use or occupancy of the Premises or used and shall pay for the same by Tenant in, on or about direct payment to the Premises during the Termprovider thereof, together with any taxes thereontaxes, penalties, surcharges or the like pertaining thereto. Notwithstanding the foregoing, during the Normal Business Hours of the Building specified in Article 1 above, Landlord shall furnish the Premises with heating, ventilation and air conditioning services for normal and customary office use ("HVAC"). If requested by Tenant, Landlord shall furnish HVAC service to the Premises at times other than the Normal Business Hours of the Building and Tenant shall pay for the cost of such after-hours services at Landlord's then prevailing rate, which rate shall take into account any time after excess wear and tear and maintenance expenses as a result of such excess use, but shall not include Landlord's overhead or any profit ▇▇▇▇-up. If the Commencement Date HVAC is in need of maintenance or repair, Landlord shall repair the HVAC unless Landlord, in its reasonable discretion, determines that it is more feasible to replace the HVAC. If Landlord replaces the HVAC, the cost of such replacement HVAC shall be included in Operating Expenses and amortized in accordance with subsection 1.12 of Section 29.L. below. Subject to the other terms of this Lease (including, without, limitation, Tenant's responsibility for maintaining any supplemental HVAC or generators exclusively serving the Premises), Landlord shall be responsible for maintaining all utility systems and equipment located outside of the Building, with the costs of such maintenance to be included in Operating Expenses. Except as expressly provided above, Landlord shall have no obligation to furnish any utilities or services to the Premises or any equipment providing for the same. Tenant shall be solely responsible for any supplemental HVAC to the Premises as Tenant shall require for the comfortable occupancy thereof. Tenant acknowledges that Landlord has informed Tenant that, as of the date hereof, the utilities serving each of the Buildings are not separately metered and Landlord agrees to maintain such separate metering during the Term. Except as provided pursuant to Section 12.B. below, Tenant shall maintain, repair and replace all such items, operate the same, and keep the same in good working order and condition. Tenant shall not install any equipment or assessed fixtures, or use the same, so as to Tenantexceed the safe and lawful capacity of any utility equipment or lines serving the same. The installation, Landlord alteration, replacement or connection of any utility equipment and lines, and any other equipment or systems or Alterations which Tenant shall make a reasonable determination require in order to supply supplemental HVAC or other services, shall be subject to the provisions of Section S.C. above. Tenant shall ensure that all Tenant's proportionate share of the cost of such utilities supplemental HVAC equipment, is installed and services and operated at all times in a manner to prevent roof leaks, damage, or noise due to vibrations or improper installation, maintenance or operation. Tenant shall pay such amount to Landlordobtain, at its expense all electric light bulbs, ballasts and tubes as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in it shall require for the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2Premises. Landlord shall not be liable for any damages directly or otherwise for indirectly resulting from nor shall the Monthly Rent, Operating Expenses or any failure other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason of (a) the installation, use or interruption of use of any utility or other service furnished to equipment used in connection with the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ furnishing of any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential foregoing utilities and building services, such as fire protection (b) failure to furnish or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of delay in furnishing any such utilities or services for any reason whatsoever, or (c) the limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Project. Landlord shall be entitled to cooperate voluntarily and Landlord provides substitute services reasonably suitable for in a reasonable manner with the efforts of national, state or local government agencies or utility suppliers in reducing energy or other resource consumption, consistent with the operation of a first class office building. Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement utilization of Basic Rent or Operating Expenses. Any disputes concerning the foregoing utilities and services shall be resolved by JAMS arbitration pursuant subject to Section 22.7 the limitations of this Lease. The foregoing provisions any such voluntary, reasonable program that Landlord shall be Tenant's sole recourse implement and remedy in uniformly apply for the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the LeaseProject.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, powerelectricity metered to the Premises, telephone, refuse pickuptelecommunications service, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's ’s proportionate share of the cost of such water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) 10 days after receipt delivery of Landlord's ’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's ’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall not be liable for damages mean usage of said unit(s) before 6:00 A.M. or otherwise for any failure after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or interruption after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of any utility or other service furnished to said hours by Landlord. If the HVAC unit(s) serve only the Premises, and no such failure or interruption “after hours” shall mean more than 66 hours of usage during any week during the Term. “After hours” usage shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding determined based upon the foregoing, if as a result operation of the actions applicable HVAC unit during each of Landlordthe foregoing periods on a “non-cumulative” basis (that is, its agents, contractors without regard to Tenant’s usage or employees or the inactions nonusage of Landlord if Landlord is required to act under this Lease, for more than three (3other unit(s) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of serving the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be applicable unit during other periods of the Term). As used by Tenantherein, then Tenant's obligation to pay Basic Rent and Operating Expenses “standard charges” shall mean $25.25 for each hour of “after hours” use (or an equitable portion inclusive of such Basic Rent and Operating Expenses the applicable electricity charges paid to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leaseutility provider).

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly (a) Landlord agrees to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly furnish to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermBusiness Hours, together subject to the conditions and in accordance with any taxes thereon. If at any the standards set forth in writing by Landlord from time after to time during the Commencement Date any utilities or services are not separately metered or assessed term of this Lease and delivered to Tenant, Landlord shall make a reasonable determination quantities of Tenant's proportionate share electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required in Landlord’s reasonable judgment for the comfortable use and occupation of the cost of such utilities Premises, and services and Tenant shall pay such amount elevator service by non-attended automatic elevators. In addition, Landlord agrees to Landlord, as an item of additional rent, within fifteen provide janitorial service to the Premises five (155) days after receipt of Landlord's statement or invoice therefor. Alternativelya week, during such hours and days as Landlord may elect to include such cost schedule, in its reasonable discretion, but not within the definition of Project Costs Business Hours except for emergencies during which janitorial services must be provided during Business Hours. Janitorial services shall be provided in which event Tenant shall pay Tenant's proportionate share of such costs in accordance with the manner specifications set forth in Section 4.2Exhibit F attached hereto and made a part hereof. Tenant acknowledges and agrees that Landlord may impose a reasonable charge for the use of any additional or unusual janitorial services required by Tenant’s carelessness. Landlord’s obligation regarding any heating, ventilation and air conditioning (“HVAC”) and electrical systems shall be limited to the Building’s standard central HVAC and electrical systems, and Landlord shall have no obligation to maintain or repair any HVAC or electrical system that has been installed to accommodate Tenant’s specific use of the Premises (provided, however, that any contractor retained by Tenant to maintain or repair any such HVAC or electrical system shall be subject to Landlord’s reasonable approval). Landlord shall not be obligated to service, maintain, repair or replace any system or improvement in the Premises that has not been installed by Landlord at Landlord’s expense. Landlord shall not be liable for damages for, and Tenant shall not be entitled to any abatement or otherwise reduction of rent by reason of, Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character or for any other causes. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the temporary interruption or failure or interruption of any utility services to be provided under this Lease whenever such interruption or other service furnished failure is not the fault of Landlord as set forth above in the Section. (b) If the temperature otherwise maintained in any portion of the Premises by the HVAC systems of the Building is affected by any unusual lights, machines or equipment used by Tenant in the Premises, or by the occupancy of the Premises by more persons than are contemplated by the design criteria of the HVAC systems, then Landlord shall have the right to install machines or equipment that Landlord reasonably deems necessary to restore temperature balance, including modifications to the standard air conditioning equipment and electrical systems serving the Premises. The cost of any such equipment and modifications, including the cost of installation and any additional cost of operation and maintenance of the same, shall be paid by Tenant to Landlord upon demand. (c) Tenant acknowledges and agrees that Tenant’s use of the Premises during Non-Business Hours imposes additional burden on the Project’s HVAC. Accordingly, Non-Business Hours use of HVAC will be made available to Tenant through an access or override switch accessible to Tenant from the Premises and will be billed as an after-hours rent assessment. After-hours use of HVAC will be monitored and such costs will be payable by Tenant to Landlord upon demand (a minimum two (2) hour charge will be due for any such after-hours usage), on an hourly basis at the then prevailing rate (“Prevailing Rate”) established by the Landlord in its reasonable discretion. Landlord and Tenant acknowledge and agree that, as of the date of execution of this Lease, the Prevailing Rate for use of the Premises during Non-Business Hours is: (i) Thirty Five and No/100ths Dollars ($35.00) per hour for the entire Premises. The Prevailing Rate is subject to change, based upon changes in the cost of providing HVAC to the Premises. (d) Tenant shall not, without the prior consent of Landlord, connect to the utility systems of the Building any apparatus, machinery or other equipment except typical office machines and devices such as, but not limited to, duplicating (reproduction) equipment, HVAC, computers, mini- and micro-computers, servers, printers, PCUs and electric typewriters, word processors, telecopy and facsimile machines, communications equipment and vending machines, standard kitchen appliances, including, but not limited to, refrigerators and microwave ovens. Nor shall Tenant, without the prior written consent of Landlord, connect to any electrical circuit in the Premises any apparatus or equipment with power requirements that exceed the designed electrical capacity of the Premises. Tenant shall not, without the prior consent of Landlord, connect to any dedicated electrical circuit in the Premises electrical apparatus or equipment of any type having in the aggregate electrical power requirements in excess of two (2) amps per outlet. Notwithstanding Landlord’s consent to such excess loading of circuits, Tenant shall pay the cost of any additional or above-standard capacity electrical circuits necessitated by such excess loading circuits and the installation thereof. (e) All sums payable hereunder by Tenant for additional services or for excess utility usage shall be payable within thirty (30) days after written request from Landlord, including reasonable supporting documentation; except that Landlord may require Tenant to pay monthly for the estimated cost of Tenant’s excess utility usage if such usage occurs on a regular basis, and no such failure or interruption estimated amounts shall be deemed an eviction or entitle payable in advance on the first day of each month. (f) Notwithstanding any other provision of this Section 14, Landlord shall supply HVAC with a temperature of fifty-six (56 F) degrees at the Base Building shaft and air at 1.75 CFM/USF with 20 CFM of outside air per person based upon one person per 100 usable square feet. The heating system shall be capable of maintaining seventy-two (72 F) degrees based on the lowest typical winter temperatures in the area. Temperature controls/thermostats shall be located within Tenant’s suite, and Tenant shall have exclusive control of temperature within Tenant’s suite and Tenant’s computer room. Notwithstanding any other provision of this Section 14, Landlord guarantees electricity available to terminate this Lease or withhold or Tenant and for office equipment that is usual and customary for Tenant’s business up to 6 w▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing/RSF, if as a result of the actions of Landlordincluding, its agentsbut not limited to, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three duplicating (3reproduction) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall HVAC, computers, mini- and micro-computers, servers, printers, PCUs and electric typewriters, word processors, telecopy and facsimile machines, communications equipment and vending machines, standard kitchen appliances, including, but not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage limited to, or destruction ofrefrigerators and microwave ovens, the Premises, some of which shall be governed by the provisions of Article XI of the Leasewill require separate electrical circuits.

Utilities and Services. Tenant Your base water charge will be determined according to the usage reflected on the water meter at the Premises. Water usage will be billed $3.50 per 1,000 gallons when usage exceeds 3,000 gallons. Water and sewer rates shall in all cases be calculated, and additional service and other charges shall be responsible for and shall pay promptlyassessed in compliance with the laws of the State of Colorado. To the extent permitted by law, directly to the appropriate supplier, all we may allocate charges for waterline loss, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance off-space and all other utilities, materials consumption to you. The monthly trash service and services furnished directly recycling service charge (“Trash Charge”) is included as rent. Management reserves the right to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ you for basic trash removal services at the Premises (excess use and special services rates may result in additional charges which shall be additional Rent). Management will provide reasonable written notice if Trash Charge billing is altered. The “Services Fee”, charged to the extent permitted by law, reflects the costs incurred by us in the administration, metering, monitoring and billing of water and sewer charges in the Community. In addition, you agree to pay any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical other and mechanical installations of Landlord. Notwithstanding further fees and charges now or hereafter assessed by any governmental or quasi-governmental entity affecting the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees Premises or the inactions Community (“Governmental Fees”). Governmental Fees assessed without reference to a specific rental unit within the Community shall, as permitted by law, be apportioned among all residents and billed to you pro rata. The Services Fee, Governmental Fees, Trash Charge and all water/sewer charges shall be paid with and as Rent on the first day of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion each month after taking possession of the Premises cannot and constitute additional Rent. If you dispute water/sewer usage, upon your written demand to us we will have the water meter at the Premises tested by a licensed plumber we select. If the test reveals no error in the meter which disfavors you, you agree to reimburse us for all costs incurred in the testing process, which costs will be used billed to you as additional Rent. An invoice from the plumber who performs the inspection shall be conclusive evidence of the amount to be reimbursed by Tenant, then Tenant's obligation you to pay Basic Rent us. You are solely responsible for arranging and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses paying for other utility services to the extent that less than all Premises not provided by Landlord. Community may, at its sole discretion, upon sixty (60) days’ notice to Resident, elect to charge Resident for any of the Premises are affectedutilities which have been previous been provided to resident that previously were provided without charge. Community, may, at its sole discretion, upon sixty (60) shall thereafter days’ notice to Resident, may change the methodology of utilities to be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposescharged, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved permitted by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leaselaw.

Utilities and Services. Provided that Tenant shall be responsible for is not in Default, Landlord agrees to furnish the Building Services as set forth on Exhibit F. In addition to Minimum Rent, Tenant will pay to Landlord, in addition to Tenant’s monthly installment of Minimum Rent and shall pay promptlyEstimated Payments, directly an amount (“Tenant’s Electrical Cost”) equal to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or $2.00 per rentable square foot of the Premises or used by per annum. Tenant’s Electrical Cost will be payable monthly in twelve (12) equal installments and will be due on the Commencement Date and on the first day of each calendar month thereafter. Tenant’s obligation to pay Tenant’s Electrical Cost will be without limitation as to Tenant’s obligation to pay for other electrical costs under this Lease, including, without limitation, pursuant to Section 7.6 below. Within five (5) days of Landlord’s request, Tenant in, on or about will provide to Landlord all requested information regarding Tenant’s utility and energy usage at the Premises during the TermTerm (which requested information may include number of computers used in the Premises, together with operating hours, number of employees per shift and other similar information). Tenant acknowledges that such information may be disclosed to third parties, including governmental agencies and current, potential or future Mortgagees and/or prospective purchasers. Tenant’s obligation to provide any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost foregoing with respect to any period of such utilities time during the Term will survive the expiration or earlier termination of this Lease. Tenant acknowledges and agrees that it will be responsible for providing adequate security for its use of the Premises, the Building and the Project and that, regardless of any safety and security devices, services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, programs Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. provide from time to time, Landlord shall not be liable for damages will have no obligation or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leaseliability with respect thereto.

Utilities and Services. Tenant Lessee shall arrange for delivery of all necessary utilities as required by Lessee to be brought to the Premises at Lessee’s sole cost and expense. Lessee shall be solely responsible for and shall promptly pay promptly, directly to the appropriate supplier, all charges for water, gas, electricityelectricity or any other utility used, sewerconsumed or provided in, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and furnished to or attributable to the Premises at the rates charged by the supplying utility companies and/or Lessor. Should Lessor elect to supply any or all other of such utilities, materials Lessee agrees to purchase and services furnished directly pay for the same as additional rent as apportioned by Lessor. The rate to Tenant be charged to Lessor to Lessee shall not exceed the rate charged to Lessor by any supplying utility. Lessee shall reimburse Lessor within ten (10) days of billing for fixture charges and/or water tariffs, if applicable, which are charged to Lessor by local utility companies. Lessor will notify Lessee of this charge as soon as it becomes known. This charge will increase or decrease with current charges being levied against Lessor or the Premises by the local utility company, and will be due as additional rent. Lessee acknowledges that Lessor has made no representation or used by Tenant inwarranty with respect to the delivery, on or about capacity and/or availability of any utilities to the Premises during and, even though Lessor may own or operate certain utility lines and appurtenances located outside the TermPremises, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenantinterruption, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption termination of any utility or other service furnished services due to the Premisesapplication of applicable laws, and no such the failure of any equipment, the performance of repairs, improvements or interruption shall be deemed an eviction alterations in or entitle Tenant to terminate this Lease around the Premises or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premisesadjacent land area, or such an interruption of any other essential utilities and building services, such as fire protection or water, so that all or cause whatsoever (a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected“Service Failure”) shall thereafter be abated until the Premises are again useable by Tenant; providednot render Lessor liable to Lessee, howeverconstitute a constructive eviction of Lessee, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be give rise to an abatement of Basic Rent or Operating Expenses. Any disputes concerning additional rent, nor relieve Lessee from the foregoing shall be resolved by JAMS arbitration pursuant obligation to Section 22.7 of fulfill any covenant or agreement contained in this Lease. The foregoing provisions Lessee shall bear all risk of loss or damage relating to a Service Failure. In no event shall Lessor be Tenant's sole recourse and remedy in the event liable for any loss or damage, direct or indirect, special or consequential, including loss of such an interruption business or theft of servicesLessee’s property, and shall not apply in the case arising out of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leaseconnection with any Service Failure.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, powerelectricity metered to the Premises, telephone, refuse pickuptelecommunications service, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's ’s proportionate share of the cost of such water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) 10 days after receipt delivery of Landlord's ’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's ’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall not be liable for damages mean usage of said unit(s) before 6:00 A.M. or otherwise for any failure after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or interruption after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of any utility or other service furnished to said hours by Landlord. If the HVAC unit(s) serve only the Premises, and no such failure or interruption “after hours” shall mean more than 66 hours of usage during any week during the Term. “After hours” usage shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding determined based upon the foregoing, if as a result operation of the actions applicable HVAC unit during each of Landlordthe foregoing periods on a “non-cumulative” basis (that is, its agents, contractors without regard to Tenant’s usage or employees or the inactions nonusage of Landlord if Landlord is required to act under this Lease, for more than three (3other unit(s) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of serving the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be applicable unit during other periods of the Term). As used by Tenantherein, then Tenant's obligation to pay Basic Rent and Operating Expenses “standard charges” shall mean $25.25 per hour for each hour of “after hours” use (or an equitable portion inclusive of such Basic Rent and Operating Expenses the applicable electricity charges paid to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leaseutility provider).

Utilities and Services. Tenant shall be responsible for obtain in its own name and shall pay promptly, directly to the appropriate supplier, supplier the cost of all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials utilities and services furnished directly to Tenant serving the Leased Premises. However, if any services or the Premises or used by Tenant in, on or about the Premises during the Term, together utilities are jointly metered with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenantother property, Landlord shall make a reasonable determination of Tenant's ’s proportionate share of the cost of such utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall pay such amount share to Landlord, as an item of additional rent, Landlord within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2’s written statement. Landlord shall not be liable for in damages or otherwise for any failure or interruption of any utility or other Building service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent sums due hereunder. Landlord shall at all reasonable times have free access Notwithstanding anything in this Lease to all electrical and mechanical installations of Landlord. Notwithstanding the foregoingcontrary, if as (i) the restoration of service is entirely within Landlord’s control, (ii) Landlord negligently fails to restore such service within a result reasonable time, and (iii) the Leased Premises are untenantable (meaning that Tenant is unable to use such space in the normal course of its business for the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act use permitted under this Lease, ) for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenantdays, then Tenant shall notify Landlord (and Landlord’s lender, if any) in writing that Tenant intends to ▇▇▇▇▇ rent. If service has not been restored within three (3) days of Landlord’s receipt of Tenant's obligation to pay Basic ’s notice, then Minimum Annual Rent and Operating Expenses Additional Rent shall ▇▇▇▇▇ on a per diem basis for each day after such three (or an equitable portion of such Basic Rent 3) day period during which the Leased Premises remain untenantable. Such abatement shall be Tenant’s sole remedy for Landlord’s failure to restore service as set forth above, and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there Tenant shall not be an abatement of Basic Rent entitled to damages (consequential or Operating Expensesotherwise) as a result thereof. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in In the event of such an interruption of servicesutility “deregulation”, and Landlord shall not apply in choose the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leaseservice provider.

Utilities and Services. 16.1. Tenant shall be responsible pay for all water (including the cost to service, repair and shall pay promptlyreplace reverse osmosis, directly to the appropriate supplier, all charges for de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. Power shall be separately sub-metered to Tenant. If at any time after the Commencement Date any utilities or services are such utility is not separately metered or assessed sub-metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as part of Tenant’s Adjusted Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such b▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall make a reasonable determination of Tenant's proportionate share not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities and services supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant shall pay such amount to Landlord, uses the Premises for any purpose other than placement of personal property as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.24.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished to the Premisesservice, and no whether or not such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three caused by accidents; breakage; casualties (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that less are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than all labor disturbances and labor disputes resulting solely from the acts or omissions of the Premises party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are affected) shall thereafter be abated until not unique to the Premises are again useable party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by Tenantany Lender whose consent is required under any applicable Loan Document; providedfailures by third parties to deliver gas, howeveroil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that if Landlord is diligently pursuing Force Majeure has occurred (collectively, “Force Majeure”); or, to the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposesextent permitted by Applicable Laws, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating ExpensesLandlord’s negligence. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in In the event of such an interruption of servicesfailure, and Tenant shall not apply in be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the case operation of the actions of parties other than Landlord, its employees, contractors any covenant or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.agreement

Utilities and Services. Tenant Except as otherwise provided in the Addendum to this Sublease, Sublessor, at Sublessor’s expense, will provide ordinary and customary amounts and quantities of water, and janitorial services (5 days per week), sewer, gas, trash collection, and interior window washing to the Premises. If Subtenant’s use of water, sewer and/or other utilities exceeds ordinary and customary usage levels, then Subtenant shall be responsible pay Sublessor the actual reasonable cost of such excess (determined in Sublessor’s reasonable discretion). Except for Sublessor’s obligations set forth above, Subtenant shall make all arrangements for and shall pay promptly, directly the cost of all utilities and services furnished to the appropriate supplierPremises or used by Subtenant. Sublessor shall not be liable for failure to furnish any utilities or services to the Premises when such failure results from causes beyond Sublessor’s reasonable control, all charges for and such failure shall neither be deemed and actual or constructive eviction, nor release Subtenant from its obligations under this Sublease, including without limitation, Subtenant’s obligation to pay Rental. If Sublessor constructs new or additional utility facilities, including without limitation wiring, plumbing, conduits, and/or mains, resulting solely from Subtenant’s changed or increased utility requirements, Subtenant shall on demand promptly pay to Sublessor the total cost of such items. If any governmental authority having jurisdiction over the Project imposes mandatory controls, or suggests voluntary guidelines applicable to the Project, relating to the use or conservation of water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises reduction of automobile emissions, Sublessor, at its reasonable discretion, may comply with such mandatory controls or used by Tenant involuntary guidelines and, on or about the Premises during the Termaccordingly, together with any taxes thereonrequire Subtenant to so comply. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord Sublessor shall not be liable for damages to persons or otherwise property for any failure or interruption of mandatory reduction, nor shall such mandatory reduction in any utility or other service furnished to the Premises, and no such failure or interruption shall way be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if construed as a result partial eviction of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by TenantSubtenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be cause an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agentsrent, or in case operate to release Subtenant from any of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the LeaseSubtenant’s obligations under this Sublease.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-air- conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant Landlord shall be responsible for (a) furnish heat and shall pay promptly, directly ---------------------- air-conditioning to the appropriate supplierPremises, all charges as provided in the Rules and Regulations; (b) furnish water for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the intended use of occupants of the Building; (c) provide janitor service for the Premises or used by Tenant in, on or about and elevator service for the Premises during Building to the Term, together with any taxes thereon. If at any time after extent provided in the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination Rules and Regulations; and (d) provide cleaning service for the interior and exterior of Tenant's windows of a scope and frequency determined by Landlord. Replacement of lamps, bulbs, tubes, starters and ballasts in the Premises shall be provided by Landlord and the cost thereof included in Operating Expenses. Landlord shall have the exclusive right to attend to such replacement, and its charges therefor shall be reasonable. Landlord may adopt a system of relamping and reballasting periodically on a group basis. If Landlord elects to make available to tenants in the Building other services or supplies including but not limited to those services set forth in Paragraph 26 of the Rules and Regulations, which shall benefit all tenants or which Landlord could not provide efficiently if certain tenants refused to obtain it (such as piped-in music), or arranges a master contract therefor, Tenant shall pay its proportionate share of the cost expense. It Tenant wishes to obtain any of such utilities services outside the normal business days and services hours for such services, the, if the service desired is available, special arrangements must be made with Landlord, and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include then standard charge for any such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2additional services so furnished. Landlord shall not be liable for damages for, and Tenant shall not be entitled to, any abatement or otherwise for any failure or reduction of rental by reason of interruption of Landlord's failure to furnish any utility of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other service furnished labor disputes of any character, or by any other similar or dissimilar cause beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for loss of, or injury to, property or person, however occurring through or in connection with or incidental to the furnishing of, interruption of or a failure to furnish any of the foregoing, including documents, files or other property damaged, destroyed or lost through acts or omissions of the personnel performing janitorial or cleaning services. Any services, other than those agreed herein to be provided by Landlord, which are consumed on the Premises, and no such failure or interruption shall be deemed an eviction or entitle paid for by Tenant. Tenant shall have access to terminate the Premises Seven (7) days per week, Twenty-Four (24) hours per day. Anything in this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoingcontrary notwithstanding, if as a result the stoppage of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if services which Landlord is required obligated to act under this Lease, provide for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a Tenant causes any portion of the Premises cannot be used to become unusable by TenantTenant for more than Five (5) consecutive business days, then Tenant's obligation and in that event Tenant shall be entitled to pay Basic Rent and Operating Expenses (or an equitable a pro rata abatement of rent as to such unusable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises commencing with the sixth (6/th/) day that the same are affected) shall thereafter be abated until the Premises are again useable by Tenant; unusable, provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there Tenant shall not be an entitled to any abatement of Basic Rent rent due to unusability (a) caused by any act or Operating Expenses. Any disputes concerning omission of Tenant or any of Tenant's servants, employees, agents, visitors, or licensees or (b) where Tenant requests Landlord to make a decoration, alteration, improvement, or addition or (c) where the foregoing shall be resolved by JAMS arbitration pursuant repair in question or the services in question are those which Tenant is obligated to Section 22.7 make or furnish under any of the provisions of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's ’s proportionate share of the cost of such utilities and services services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen ten (1510) days after receipt delivery of Landlord's ’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's ’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within ten (10) days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. “After hours” shall mean more than sixty-six (66) hours of usage during any week during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each week on a “non-cumulative” basis (that is, without regard to Tenant’s usage or nonusage of other unit(s) serving the Premises, or of the applicable unit during other weeks of the Term). As used herein, “standard charges” shall mean (i) $5.00 per hour for 1-5 ton HVAC units, (ii) $7.50 per hour for 6-9 ton HVAC units and (iii) $10.00 per hour for HVAC units of greater than 9 tons (in addition to the applicable electricity charges paid to the utility provider). Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Notwithstanding Tenant acknowledges that the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of costs incurred by Landlord if Landlord is required related to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential providing above-standard utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by services to Tenant, then including, without limitation, telephone lines, may be charged to Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant (a) From 7:00 a.m. to 6:00 p.m. on weekdays (“Normal Business Hours”) (excluding legal holidays), Landlord shall be responsible for and shall pay promptly, directly furnish to the appropriate supplierPremises electricity for lighting and operation of low-power usage office machines, all charges for water, gasheat and air conditioning, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial and elevator service, interior landscape maintenance and . During all other utilitieshours, materials Landlord shall furnish such service except for heat and air conditioning. Landlord shall provide janitorial services furnished directly to Tenant or for the Premises or used on weekdays (excluding legal holidays) as determined reasonably necessary by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord. (b) If at any time after the Commencement Date any utilities or services are not separately metered or assessed to requested by Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of furnish heat and air conditioning at times other than Normal Business Hours and the cost of such utilities services as established by Landlord shall be paid by Tenant as Additional Rent, payable concurrently with the next installment of Base Rent. (c) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and services agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building and/or the Project, and Tenant shall pay in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such amount rationing or restrictions. Tenant agrees to Landlordcomply with energy conservation programs implemented by Landlord by reason of rationing, as an item of additional rent, within fifteen restrictions or Laws. (15d) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages any loss, injury or otherwise for damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of any utility such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other service furnished to the Premises, and no such failure or interruption events shall be deemed an eviction of Tenant or entitle relieve Tenant to terminate this Lease or withhold or ▇▇▇▇▇ from any rent due of its obligations hereunder. In no event shall Landlord shall at all reasonable times have free access be liable to all electrical and mechanical installations Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of Landlord. Notwithstanding the foregoingany plumbing or other pipes (including, if as a result of the actions of Landlordwithout limitation, its agentswater, contractors steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or employees washstands, or the inactions of Landlord if Landlord is required to act under this Leaseother similar cause in, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service above, upon or electricity service to all or a portion of about the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agentsBuilding, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the LeaseProject.

Utilities and Services. All HVAC, electricity, water, janitorial and other utilities and services supplied to Tenant in the Project shall be supplied by Tenant and kept in Tenant’s name until the expiration or earlier termination of the Term. Notwithstanding anything to the contrary contained in this Lease, Landlord shall have the option to take over the performance of the landscaping maintenance and repair services for the Project from Tenant. To exercise its option, Landlord must give Tenant notice in writing, in which event, as soon as reasonably practicable after Tenant has received Landlord’s notice, Tenant shall notify its landscaping services provider for the Project that Tenant wishes to terminate the performance of all such landscaping services. Tenant shall use reasonable efforts to effect such termination as soon as reasonably practicable and notify Landlord of the effective date of such termination and the monthly charge that Tenant has been paying for such services. Landlord’s obligation to perform the landscaping services for the Project shall not commence until the effective date of the termination of Tenant’s contract with Tenant’s landscaping services provider for the Project. From and after the effective date of such termination, (i) Landlord shall be obligated to perform all landscaping maintenance and repair services for the Project, at no cost to Tenant, and Tenant shall be responsible released from any further obligation to provide such services for the Project, and shall pay promptly, directly to (ii) the appropriate supplier, all charges monthly Base Rent for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share remainder of the cost of Term shall thereafter be increased by the monthly amount that Tenant had previously been paying its landscaping services provider for such utilities services, and services Landlord and Tenant shall pay such amount as soon thereafter as is reasonably practicable execute an amendment to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or memorialize such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Base Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leaseincrease.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, powerelectricity metered to the Premises, telephone, refuse pickuptelecommunications service, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's ’s proportionate share of the cost of such water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) 10 days after receipt delivery of Landlord's ’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's ’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s standard charges, as determined by Landlord from time to time (which shall not be liable in addition to the electricity charge paid to the utility provider), for damages “after hours” usage by Tenant of each HVAC unit servicing the Premises. If the HVAC unit(s) servicing the 15525 Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or otherwise for after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. With respect to the 15515 Premises and if the HVAC unit(s) servicing the 15525 Premises serve only the 15525 Premises, “after hours” shall mean more than 283 hours of usage during any failure month during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage or interruption nonusage of any utility or other service furnished to unit(s) serving the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate of the applicable unit during other periods of the Term). As of the date of this Lease or withhold or Lease, ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, ▇▇▇▇’s standard charges for more than three (3) consecutive business days following written notice to Landlord there is no after hours HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of for the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease$10.00 per hour per unit.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance maintenance, interior and exterior pest control, interior and exterior window washing, security services, exterior plumbing (back flows testing), and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Tenant shall provide whatever janitorial and security services it deems appropriate for the Site and the Buildings and Landlord shall have no responsibility for and shall not provide janitorial or security services to the Site or the Buildings unless requested to do so by Tenant. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost Actual Cost (as hereinafter defined) of such utilities and services services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen thirty (1530) days after receipt of Landlord's statement or invoice therefor. For purposes of this Lease, the term "Actual Cost" shall mean an amount equal to actual incremental cost to Landlord to provide the applicable service or utility to Tenant, without markup for profit. Alternatively, Landlord may elect to include such cost in the definition of Project Site Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. *** Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunderhereunder except as otherwise provided in this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord; provided, however, that if such electrical and/or mechanical installations are located in the Premises, Landlord shall provide Tenant with reasonable prior notice of this intent to access same and shall follow Tenant's reasonable instructions as to the time and manner such work is to be performed so as to minimize disruption to Tenant's business operations. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three five (35) consecutive business days following written notice to Landlord (the "Eligibility Period"), (a) there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, (b) there is any repair, maintenance or alteration performed by Landlord, and/or (c) there is any failure by Landlord to provide Tenant with access to the Premises or the parking areas, so that Tenant is prevented from using and does not use all or a portion of the Premises canPremises, then provided such interruption of services is not be used by attributable to the fault or neglect of Tenant, then its agents, employees, contractors or subtenants or the failure by Tenant to fulfill its responsibilities hereunder (taking into account that Tenant shall, except as otherwise provided herein, be responsible for the maintenance and repair of Building Systems), Tenant's obligation to pay rent (inclusive of Basic Rent rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affectedExpenses) shall thereafter be abated in the same proportion that the Floor Area of the Premises rendered unusable from time to time bears to the total Floor Area of the Premises until the Premises are again useable usable by Tenant. However, in the event that Tenant is prevented from conducting, and does not conduct, its business in any portion of the Premises for a period of time in excess of the Eligibility Period, and the remaining portion of the Building is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the rent for the entire Building shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Building during such period, the rent allocable to such reoccupied portion, based on the proportion that if Landlord is diligently pursuing the repair rentable area of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposesreoccupied portion of the Building bears to the total rentable area of the Building, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved payable by JAMS arbitration pursuant to Section 22.7 of this LeaseTenant from the date such business operations commence. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by arbitration pursuant to Section 22.7 of this Lease.

Utilities and Services. Tenant Landlord shall furnish the Leased Premises with (i) running water sufficient for normal lavatory and kitchen use for an office and warehouse facility; (ii) electricity for normal lighting and office equipment for an office and warehouse facility; (iii) heating and air conditioning at appropriate levels for warehouse and office space respectively. The cost of any and all said utilities shall be responsible for the responsibility of Tenant, and shall pay promptly, directly the cost of electricity and gas furnished to the appropriate supplierLeased Premises hereunder, all charges for waterincluding but not limited to the cost of electricity to provide air conditioning and lighting to the Leased Premises, gasand the cost of gas to provide heating to the Leased Premises, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not shall be separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount for said electricity and gas directly to Landlord, the utility company or companies supplying the same. Tenant shall reimburse Landlord for the cost of water furnished to the Leased Premises during the Term as an item of additional rent, within fifteen follows: (15i) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay for cost of water consumed by the Tenant at the Leased Premises based on meter readings (meter to be installed by the Landlord at the Landlord’s cost and expense) as applied to any ▇▇▇▇ or statement rendered to the Landlord with respect to the Landlord’s Property a copy of which ▇▇▇▇ shall also be furnished to the Tenant's proportionate share ; and (ii) Tenant will pay to the Landlord a portion of any minimum charge imposed by the water authority furnishing such costs in the manner water as set forth in Section 4.2periodic bills or statements rendered to the Landlord which portion shall be equal to the amount of such minimum charge multiplied by a fraction the numerator of which is charge for the amount of water actually used by the Tenant as based upon the aforesaid meter readings as to the Tenant’s use or consumption and the denominator of which is the charge for the entire amount of water actually used or consumed with respect to the Landlord’s Property as set forth in such ▇▇▇▇ or statement. By way of example and not by limitation, in the event that in a particular water ▇▇▇▇ with respect to the Landlord’s Property there is a minimum charge of $200.00 to be paid and Tenant’s actual charge is $300.00 with the total actual charges for the Landlord’s Property (inclusive of the Tenant’s actual charges) being $400.00, Tenant will be required to pay $300.00 for actual water consumed plus $150.00 of the minimum charge ($200.00 x $300.00/$400.00 = $150.00) Provided that the utility services installed by the Landlord comply with the plans and specifications set forth in Exhibit C, Landlord shall not be in default under this Lease or be liable for any damages directly or otherwise for indirectly resulting from, nor shall any failure Rent reserved in this Lease be abated in whole or in part by reason of, (1) the installation, use or interruption of use of any equipment in connection with the furnishing of any of such utility services, (2) failure to furnish or other service furnished delay in furnishing any such utility services or by the making of repairs to the Leased Premises or to the Building (unless such repairs are substantial and material in nature and materially affect the Tenant’s use of the Leased Premises), and no or (3) the limitation, curtailment, rationing or restrictions on use of water, electricity, gas or any other utility serving the Leased Premises or the Building. In the event of any interruption of utility services, Landlord shall use its best efforts to coordinate the resumption of such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunderutility services with the provider of such utility services. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, be liable only for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such intentional misconduct which causes an interruption of other essential utilities and building utility services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. 8.01 Landlord acknowledges that Tenant shall be responsible for will receive a minimum of 800 amps of "3 phase" electricity at the Premises (“Minimum Power Requirements"). Tenant agrees to make all arrangements for, and shall to pay promptlydirectly all costs of, directly utility services supplied to the appropriate supplierPremises, all charges for including but not limited to, water, gas, electricity, sewer, heat, light, power, telephone, refuse pickupand sewer. Tenant shall provide complete copies of all utility invoices and/or billing statements to Landlord on a monthly basis. Failure to timely provide utility invoices and/or billing statements to the Landlord shall be deemed a default of this lease agreement. Additionally, janitorial serviceTenant shall provide to Landlord proof of payment of all utilities on a monthly basis. Failure to timely provide proof of payment of Tenant’s utilities shall be deemed a default of this lease agreement. In the event it is not possible for Tenant to obtain separate utility and/or other services, interior landscape maintenance and all or if Landlord, in its sole discretion, elects to provide any such utility and/or other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of such utility and/or other services may, at Landlord’s discretion, be obtained in Landlord’s name, and Tenant will pay Landlord, as Additional Rent, the cost of such utilities and any utility services and provided by Landlord either: (a) through inclusion in Operating Expenses (except for excess usage, which will be paid as a separate charge by Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen ); (15b) days after receipt of by a separate charge payable by Tenant to Landlord's statement ; or invoice therefor. Alternatively, Landlord may elect to include such cost in (c) by a separate charge billed by the definition of Project Costs in which event Tenant shall pay applicable utility company and payable directly by Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall separately meter water and electric service to Tenant at Landlord's expense. 8.02 As long as the Minimum Power Requirements are available to Tenant for the Premises, Landlord will not be liable for damages or otherwise for deemed in default, nor will there be any failure or interruption abatement of rent, breach of any utility covenant of quiet enjoyment, partial or other service furnished to the Premises, and no such failure or interruption shall be deemed an constructive eviction or entitle Tenant right to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3a) consecutive business days following written notice to Landlord there is no HVAC service any interruption or electricity service to all reduction of utilities, utility services or a portion of the Premises, or such an interruption of other essential utilities and building telecommunication services, such as fire protection (b) any telecommunications or water, so that all other company (whether selected by Landlord or a portion of the Premises cannot be used by Tenant, then Tenant's obligation ) failing to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, to designate, at any time, the utility and Landlord provides substitute services reasonably suitable service providers for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning ’s use within the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties Property (other than Tenant’s telecommunications and data service providers); no such designation shall impose liability upon Landlord, its employees, contractors or authorized agents, or in case . Tenant has satisfied itself as to the adequacy of damage to, or destruction of, any Landlord owned utility equipment and the Premises, which shall be governed by quantity of telephone lines and other service connections to the provisions “Building’s Point of Article XI of the LeaseDemarcation” available for Tenant’s use.

Utilities and Services. 17.1 Subject to the other provisions of this Article 17, Tenant shall be responsible pay Landlord as part of Operating Expenses for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, electricity, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications, and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereonthereon (each a “Utility” collectively, the “Utilities”). If the amount of any such Utility service provided to Tenant at any time after Building of which Tenant leases less than all of the Commencement Date any utilities or services are Rentable Area is not separately metered or assessed to Tenantmetered, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and then Tenant shall pay a reasonable proportion (to be determined by Landlord in good faith, in accordance with the provisions of Section 17.10) of all charges of such amount to Utility jointly metered with other premises as part of Tenant’s Operating Expenses unless Landlord, at its option and at its cost and expense (other than servicing, maintaining and monitoring such meter(s), which, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth provided in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption 17.10 shall be deemed an eviction or entitle Tenant at Tenant’s cost and expense) elects to terminate this Lease or withhold or ▇have a dedicated meter installed and ▇▇▇▇ Tenant for its actual usage of such Utilities. Notwithstanding any rent due hereunderprovision of this Lease to the contrary, in no event shall Landlord be responsible for providing the services allocated to Tenant in Exhibit M (the “Excluded Services”). Tenant shall be solely responsible for such Excluded Services. Tenant hereby acknowledges and agrees that Landlord shall at all reasonable times is obligated to provide only the services allocated to Landlord in Exhibit M (the “Landlord Provided Services”), and that Landlord, its agents and representatives, have free access made no representations whatsoever of any additional services or amenities to all electrical and mechanical installations of Landlordbe provided by Landlord now or in the future under this Lease. Notwithstanding the foregoing, Tenant recognizes that Landlord may, at Landlord’s sole option, elect to provide additional services or amenities for the tenants of the Project from time to time, and hereby agrees that Landlord’s discontinuance of any provision of any such additional services or amenities shall not constitute a default of Landlord under this Lease nor entitle Tenant to any abatement of or reduction in Rent. Without limiting the foregoing, Landlord may elect not to provide any services other than the Landlord Provided Services, and may elect to terminate the provision of any services it has been providing other than the Landlord Provided Services if a Default occurs hereunder. 17.2 If any Utilities provided by or through Landlord are interrupted for any reason, Landlord shall with reasonable diligence endeavor to restore the interrupted Utilities. Only if such interruption was caused by Landlord’s gross negligence or intentionally wrongful acts (or those of someone acting at Landlord’s direction), Landlord shall reimburse Tenant’s actual, reasonable, and direct costs of obtaining replacement Utilities during Landlord’s repairs, but not for any consequential or indirect losses (such as loss of data or product, or resulting from interference with any activities in the Premises ). Landlord shall not otherwise be liable for, nor shall any eviction of Tenant result from, failure to furnish any utility or service, whether or not such failure is caused by: (i) industry-wide strikes; (ii) industry-wide labor troubles; (iii) governmental preemption in connection with a national emergency; (iv) industry-wide shortages or unavailability of labor, fuel, steam, water, electricity or materials by reason of the acts of a governmental body that affect the supply or availability of the same; (v) mechanical breakdown (other than as a result of such party’s contractor’s or subcontractors’ acts or omissions or Landlord’s gross negligence); (vi) acts of God; (vii) enemy action or action of terrorists; (viii) civil commotion; (ix) fire or other casualty; or (x) unusually abnormal weather (which events described in items (i) through (x) are hereafter individually or collectively referred to as “Force Majeure”). In the actions event of Landlordsuch failure resulting from Force Majeure, its agentsTenant shall not be entitled to any abatement or reduction of Rent, contractors and except as otherwise provided in Section 17.9, Tenant shall not be relieved from the operation of any covenant or employees or the inactions agreement of Landlord if Landlord is required to act under this Lease. Tenant shall be responsible for obtaining any and all back-up Utilities, for more than three (3) consecutive business days following written notice generators, like equipment or services that it shall require in the event of a failure of Utilities. 17.3 Tenant shall pay for, prior to Landlord there is no HVAC service delinquency of payment therefor, any Utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or electricity service to all or a portion earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way exceed Tenant’s Pro Rata Share of the applicable Building’s capacity to provide such utilities or services. 17.5 Tenant has detailed and specific electrical needs and requirements for the Initial Premises. If the Initial Premises do not provide adequate electricity for Tenant’s needs, then: (a) Landlord shall have no obligation to provide additional electricity service; but (b) Landlord shall assist Tenant as reasonably necessary to secure additional electrical service, at Tenant’s sole cost and expense. 17.6 If Tenant shall require Utilities or services in excess of Tenant’s proportionate share of the respective Building’s capacity for any utility, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess Utilities or services (after giving effect to other potential users of such Utilities in the applicable Building), and Tenant shall pay as Additional Rent an interruption amount equal to the actual out-of-pocket cost of other essential providing such excess utilities and building services, such as fire protection or water, so that all or a portion of . 17.7 Utilities and services provided by Landlord to the Premises cannot shall be used paid by TenantTenant as part of Operating Expenses, then Tenant's obligation except as this Lease expressly provides otherwise. Tenant shall have the right to pay Basic Rent contract directly with the Utility providers of its choosing, subject to Landlord’s reasonable approval, except that electricity shall be submetered through Landlord as provided in Section 17.10 without ▇▇▇▇-up by Landlord. Landlord shall provide Tenant with commercially reasonable assistance and Operating Expenses (or an equitable portion cooperation to help Tenant meet its electrical needs, but Landlord makes no assurances regarding the availability of such Basic Rent electricity from any Utility provider. 17.8 Landlord shall provide water in Common Areas for drinking and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenantlavatory purposes only; provided, however, that if Landlord is diligently pursuing determines that Tenant requires, uses or consumes water for any purpose other than ordinary drinking and lavatory purposes, Landlord may install a water meter and thereby measure Tenant’s water consumption for all purposes and ▇▇▇▇ Tenant for all such actual water consumption. Tenant shall pay Landlord for the repair costs of such utilities meter and the installation thereof and, throughout the duration of Tenant’s occupancy of the Premises, Tenant shall keep said meter and installation equipment in good working order and repair at Tenant’s sole cost and expense. If Tenant fails to so maintain such meter and equipment, Landlord may repair or services replace the same and Landlord provides substitute services reasonably suitable shall collect the costs therefor from Tenant. Tenant agrees to pay for Tenant's purposeswater consumed, as for exampleshown on said meter, bringing in portable air-conditioning equipmentas and when bills are rendered. If Tenant fails to timely make such payments, then there shall not be an abatement of Basic Rent or Operating ExpensesLandlord may pay such charges and collect the same from Tenant. Any disputes concerning such costs or expenses incurred, or payments made by Landlord for any of the foregoing reasons or purposes hereinabove stated, shall be resolved deemed to be Additional Rent payment by JAMS arbitration pursuant Tenant and collectible by Landlord as such. 17.9 Upon two (2) business days’ notice to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply except in the case of an emergency (where no notice shall be required), Landlord reserves the actions right to stop service of parties other than the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Landlord will use commercially reasonable efforts to coordinate with Tenant any discretionary interruption of services for repairs, alterations or improvements that Landlord desires to make, but may not be strictly necessary. Without limiting the foregoing, except for any obligation to pay money, it is expressly understood and agreed that any covenants on Landlord’s or Tenant’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant or Landlord, its employeesas the case may be, contractors shall not be deemed breached if Landlord or authorized agentsTenant, as the case may be, is unable to furnish or perform the same by virtue of Force Majeure. Landlord shall promptly notify Tenant of the occurrence of a Force Majeure event that would reasonably affect a service to Tenant hereunder. 17.10 Subject to the provisions of this Article 17 and Articles 10 and 49, Landlord shall furnish the electric energy that Tenant shall reasonably require in case the Premises for the purposes permitted under this Lease. Electric energy shall be furnished through a meter or meters and related equipment measuring the amount of damage toelectric energy furnished to the Buildings in which the Premises are located. If Tenant occupies less than an entire Building and Tenant’s Premises in such Building are not separately metered, or destruction ofthen Landlord, in good faith, shall allocate to Tenant a reasonable proportion of the Premisescost of electricity provided to such Building. Such meter(s) and related equipment shall be installed, serviced, maintained, monitored, and (as appropriate from time to time), upgraded by Landlord, if Landlord deems necessary. Only the initial costs of the purchase and installation of upgraded equipment shall be at Landlord’s cost and expense and not the costs associated with servicing, maintaining and monitoring such equipment, which shall be governed at Tenant’s cost and expense. Notwithstanding the foregoing, Tenant shall pay the cost and expense of upgrading such equipment if Tenant’s requirements for electric energy increase beyond those contemplated by this Lease and the provisions Plans and Specifications. Tenant shall pay for such electric energy in accordance with Section 17.1 and Article 49 within ten (10) days after receipt of Article XI any bills related thereto. The amount Landlord charges Tenant for electric energy furnished to the Premises (“Basic Electric”) shall equal the amount of Landlord’s cost of providing such Basic Electric, including, without limitation, those charges applicable to or computed on the basis of electric consumption, demand and hours of use, any sales or other taxes regularly passed on to or collected from similar consumers by such public utility company, fuel rate adjustments and surcharges, and weighted in each case to reflect differences in consumption or demand applicable to each rate level. Tenant and its authorized representatives may have access to such meter or meters (if any) on at least three (3) days’ notice to Landlord, for the purposes of verifying Landlord’s meter readings (if any). From, time to time during the Term of this lease, Landlord may, in its sole discretion, install or eliminate, or increase or reduce the number of, such meters or vary the portions of the Premises which they serve or replace any or all of such meters. Landlord shall diligently endeavor to minimize the amount of time, if any, that work or service on any meters interrupts or reduces the amount of electricity available to the Premises, and Landlord shall give Tenant reasonable prior notice of any scheduled interruption. 17.11 If pursuant to any Applicable Laws, the charges to Tenant pursuant to Section 17.10 shall be reduced below that to which Landlord is entitled under such Section, the deficiency shall be paid by Tenant within ten (10) days after being billed therefor, as additional rent for the use and maintenance of the electric distribution system of the Buildings. 17.12 Landlord shall not be liable in any event to Tenant for any failure or defect in the supply or character of electric energy furnished to the Premises by reason of any requirement, act or omission of the public utility serving the Buildings with electric energy or for any other reason not attributable solely to Landlord’s willful misconduct or gross negligence. 17.13 Tenant, at its sole cost and expense, shall furnish and install all replacement lighting tubes, lamps, bulbs and ballasts required in the Premises, and Landlord shall not be responsible for any charges in connection therewith. 17.14 Tenant’s use of electric energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Buildings’ distribution of electricity via the Buildings’ electric system, Tenant shall not exceed its allotted electrical capacity, without Landlord’s prior consent. Should Landlord grant such consent, all additional risers, distribution cables, or other equipment required therefor shall be provided: (i) by Landlord, and the cost thereof shall be paid by Tenant to Landlord within thirty (30) days of demand by Landlord, which demand shall include reasonable back-up documentation detailing the estimated costs; or (ii) at Tenant’s option, by Tenant pursuant to plans and contractors approved by Landlord, and otherwise in accordance with Article 18 of this Lease. 17.15 If required by any Applicable Laws and provided Tenant is able to obtain electrical service prior to the date of Landlord’s discontinuance, Landlord, upon at least sixty (60) days’ notice to Tenant, may discontinue Landlord’s provision of electric energy hereunder. If Landlord discontinues provision of electric energy pursuant to this Section, Tenant shall not be released from any liability under this Lease, except that as of the date of such discontinuance, Tenant’s obligation to pay Landlord Additional Charges under Section 17.9 for electric energy thereafter supplied to the Premises shall cease. As of such date, Landlord shall permit Tenant to receive electric energy directly from the public utility company supplying electric energy to the Project, and Tenant shall pay all costs and expenses of obtaining such direct electrical service. Such electric energy may be furnished to Tenant by means of the then existing Building system feeders, risers and wiring to the extent that the same are available, suitable and safe for such purpose. All meters and additional panel boards, feeders, risers, wiring and other conductors and equipment which may be required to obtain electric energy directly from such public utility company shall be furnished and installed by Landlord at Landlord’s expense (which shall constitute an Operating Expense, amortized on a straight line basis over the useful life of the items in question, which shall not extend beyond the Term Expiration Date, in accordance with GAAP). 17.16 Notwithstanding anything to the contrary in this Article 17, to the extent that the CAM Pools specifically provide for the allocation or payment of any Operating Expenses and are inconsistent with this Article 17, such CAM Pools shall govern.

Utilities and Services. Tenant shall Landlord at its expense agrees (i) to cause the necessary mains, conduits, pipes, back-up generator and other facilities to be responsible for and shall pay promptly, directly provided to the appropriate supplier, all charges for make water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance phone and all other utilities, materials electricity available to the Leased Premises for use by Tenant during the Lease Term; and (ii) to provide the services furnished directly listed on Exhibit C hereto to Tenant or at the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2Leased Premises. Landlord shall not in no event be liable for damages any interruption or otherwise for any failure or interruption of any utility or other service furnished services to be provided by Landlord under this Lease on or to the Leased Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if Tenant is prevented from using, and as a result thereof actually does not use (other than for storage purposes), the Leased Premises or any portion thereof because of (i) the actions unavailability of Landlordany utility or HVAC to be provided by Landlord hereunder, its agents, contractors or employees (ii) lack of access to the Leased Premises or the inactions any portion thereof for a period of Landlord if Landlord is required to act under this Lease, for more than three five (35) consecutive business days following Landlord’s receipt from Tenant of a written notice regarding such unavailability of utility or HVAC or lack of access, and such unavailability or lack of access was not caused by or through Tenant’s negligence or intentional misconduct, and was caused by Landlord’s negligence or intentional misconduct, then, as Tenant’s sole remedy therefor, Tenant shall be entitled to Landlord there an abatement of Rent for each consecutive day (after such five (5) consecutive business day period) that Tenant is no HVAC service or electricity service to so prevented from using (and as a result thereof does not in fact use) all or a such portion of the PremisesLeased Premises until such time as such utility or HVAC or access is restored. If less than the entire Leased Premises is affected by such interruption, or such an interruption the Rent abatement shall be prorated by a fraction, the numerator of other essential utilities and building services, such as fire protection or water, so that all or a which shall be the rentable area of the portion of the Leased Premises cannot be used rendered unusable (and unused by Tenant, then Tenant's obligation to pay Basic Rent ) by the interruption and Operating Expenses (or an equitable portion the denominator of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI rentable area of the Leaseentire Leased Premises.

Utilities and Services. a. Subject to Section 4(e), Landlord shall furnish the following utilities and services during normal business hours (i.e., Monday through Friday a.m. to p.m., Saturdays a.m. to p.m., excluding federal legal public holidays ("Holidays")): electric current (for lighting and operation of normal desk-type office machines); water; lavatory supplies; heat and air-conditioning during the appropriate seasons of the year as reasonably required; elevator service; and cleaning and char service (after normal business hours Monday through Friday, excluding Holidays). At times other than the normal business hours and days aforesaid, central air conditioning and heating shall be provided to Tenant upon at least twenty-four (24) hours' prior notice from Tenant, and upon payment by Tenant of the hourly charge established by Landlord for each hour (or a portion thereof) of after-hours usage. In addition, Landlord may impose a reasonable additional charge for any additional or unusual services required to be provided by Landlord to Tenant because of the carelessness of Tenant, the nature of Tenant's business or the removal of any refuse and rubbish from the Premises except for discarded material placed in wastepaper baskets and left for emptying as an incident to Tenant's normal cleaning of the Premises. In the event that Landlord must temporarily suspend or curtail services because of accident and repair, Landlord shall have no liability to Tenant for such suspension or curtailment or due to any restrictions on use arising therefrom or relating thereto, and Landlord shall proceed diligently to restore such service. No interruption or malfunction of any such services shall constitute an actual or constructive eviction or disturbance of Tenant's use and possession of the Premises or of the Building or a breach by Landlord of any of its obligations hereunder or render Landlord liable for damages or entitle Tenant to be relieved from any of Tenant's obligations hereunder (including the obligation to pay rent) or grant Tenant any right of setoff or claim against Landlord or constitute a constructive or other eviction of Tenant. In the event of any such interruption, Landlord shall use reasonable diligence to restore such services. b. All light bulbs and tubes in the Premises shall be replaced at Tenant's expense. If Tenant elects to supply any such replacement tubes, Landlord shall provide the labor involved for such replacement at no cost to the Tenant. c. Tenant will not, without the prior written consent of Landlord, use any apparatus or device in the Premises, including without limitation electric data processing machines, punch card machines and machines using current in excess of 110 volts that will in any way increase the amount of the electricity or water that would otherwise be furnished or supplied for the intended use of the Premises under this Section 9; and Tenant will not connect to electric current any apparatus or device for the purpose of using electric current or water, except through existing electrical outlets in the Premises or water pipes. If Tenant shall require water or electricity in excess of that which would otherwise be furnished or supplied for the intended use of the Premises, Tenant shall first secure the written consent of Landlord for the use thereof, which consent Landlord may refuse in its absolute discretion. Landlord may condition its consent upon the requirement that a water meter or electric current meter be installed in the Premises, so as to measure the amount of water and electric current consumed for any such excess use. The cost of such meters and installation, maintenance and repair thereof, the cost of any such excess d. Tenant shall not install equipment of any kind or nature whatsoever nor engage in any practice or use that will or may necessitate any changes, replacements or additions to, or in the use of, the water system, heating system, plumbing system, air conditioning system, electrical system, floor load capacities, or other mechanical or structural system of the Premises or the Building without first obtaining the prior written consent of Landlord, which consent may be conditioned upon, but not limited to, Tenant first securing at its expense additional Building capacity for said service. Tenant shall have the right to install and operate in the Premises personal computers and other electrically-operated office equipment normally used in modern offices; provided, however, Tenant shall be responsible for and paying for any excess utility consumption arising from any such change, replacement, use or addition, such payments to be based on Landlord's reasonable estimate or, at Landlord's option, a submeter or similar device to measure such usage (said device to be installed at Tenant's expense). Additionally, in the event that Landlord reasonably determines that Tenant's electrical consumption exceeds standard office use, Tenant shall pay promptlythe amount of such excess electrical consumption, directly as reasonably determined by Landlord, within thirty (30) days after demand therefor. Machines, equipment and materials belonging to the appropriate supplierTenant that cause vibration, all charges for waternoise, gas, electricity, sewercold, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant fumes or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord odors that may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion transmitted outside of the Premises cannot to such a degree as to be used by Tenant, then Tenantobjectionable to Landlord in Landlord's obligation sole opinion or to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to any other tenant in the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing Building shall be resolved treated by JAMS arbitration pursuant Tenant at its sole expense so as to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of eliminate such an interruption of servicesobjectionable condition, and shall not apply be allowed to operate until such time as the objectionable condition is remedied to Landlord's satisfaction. e. Tenant shall comply, at its sole cost and expense, with all orders, requirements and conditions now or hereafter imposed by any ordinances, laws, orders and/or regulations (hereinafter collectively called "regulations") of any governmental body having jurisdiction over the Premises or the Building, whether required of Landlord or otherwise, regarding the collection, sorting, separation and recycling of waste products, garbage, refuse and trash (hereinafter collectively called "waste products") including but not limited to the separation of such waste products into receptacles reasonably approved by Landlord and the removal of such receptacles in accordance with any collection schedules prescribed by such regulations. Landlord reserves the case of the actions of parties other than Landlordright (i) to refuse to accept from Tenant any waste products that are not prepared for collection in accordance with any such regulations, its employees(ii) to require Tenant to arrange for waste product collection at Tenant's sole cost and expense, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.utilizing a contractor reasonably satisfactory

Utilities and Services. Tenant shall be responsible for (a) From 8:00 a.m. to 6:00 p.m. on weekdays, and shall pay promptly, directly 8:00 a.m. to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant12:00 p.m. Saturdays (“Normal Business Hours” (excluding legal holidays)), Landlord shall make furnish to the Premises electricity for lighting and operation of customary office machines, water, heat and air conditioning, and elevator service (at least one elevator shall be in service 24 hours a reasonable determination day, 7 days a week). During all other hours, Landlord shall furnish such service except for heat and air conditioning. Landlord shall provide janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. Tenant shall separately arrange with, and pay directly to, the applicable local public authorities or utilities, as the case may be, for the furnishing, installation and maintenance of Tenant's proportionate share all telephone services and equipment as may be required by Tenant in the use of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. If at any time during the Term Landlord shall determine that installation of a separate electrical meter for the Premises is necessary or desirable as a result of Tenant’s electrical usage, Landlord shall pay the cost of installing and maintaining such meter and Tenant shall pay the cost of Tenant’s electrical usage as measured by such meter. (b) If requested by Tenant, Landlord shall furnish heat and air conditioning at times other than Normal Business Hours and the cost of such services as established by Landlord shall be paid by Tenant as Additional Rent, payable concurrently with the next installment of Base Rent. As of the date of this Lease, the overtime HVAC charge is $50.00 per hour, per floor. (c) Without limiting the terms of Paragraph 5(a) above, Tenant acknowledges that Landlord has contracted with Potomac Electric Power Company to provide electricity for the Building, and that Landlord reserves the right to change the provider of such service at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electrical service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electrical service for or with respect to the Premises or Tenant’s operations therein from any provider of electrical service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other similar arrangement with the Electric Service Provider for the provision of electrical service to Tenant at the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including without limitation allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (a) to install, repair, replace, improve and remove and any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (b) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including without limitation loss of business or any consequential damages, arising from any failure or interruption inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any utility change, failure, interference, disruption, or other defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease. (d) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with energy conservation programs implemented by Landlord by reason of rationing, restrictions or Laws. (e) Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities. No temporary interruption or interruption failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or entitle relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project. (f) Landlord makes no representation with respect to the adequacy or fitness of the air-conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises by more than one person per 200 rentable square feet. Landlord warrants that all HVAC equipment serving the Premises will be in good working order as of the Commencement Date. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of this Paragraph 5. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to terminate this Lease Landlord upon billing by Landlord. Tenant shall not use water or withhold heat or ▇air conditioning in excess of that normally supplied by Landlord. Tenant’s consumption of electricity shall not exceed five (5) w▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. per rentable square foot. (g) Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3i) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all any of the foregoing services for which Landlord is responsible are not furnished to the Premises for five (5) or more consecutive days after Landlord receives notice from Tenant, (ii) the Premises are affectedrendered untenantable due to the Landlord’s failure to deliver such services, and (iii) the Landlord is not diligently pursuing a cure of such interruption, then commencing with the sixth (6th) day after Landlord receives such notice, the Base Rent shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an tenantable. Such abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's ’s sole recourse and exclusive remedy in the event of due to any such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leaseinterruption.

Utilities and Services. (a) Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewerfuel, heatand any other utilities for the Premises, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereonin connection therewith. If at any time after the Commencement Date any utilities or services are Tenant does not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternativelysaid utilities, Landlord may elect to include pay the same and such cost in the definition payment together with Landlord's administration fee of Project Costs in which event Tenant shall pay Tenant's proportionate share ten percent (10%) of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction additional rent payable by Tenant upon demand by Landlord. In addition: (i) repair, maintenance and replacement of the HVAC System shall be dealt with in accordance with Section 7 of this Lease; (ii) excluding Landlord's Repairs, the Tenant will operate, maintain, repair and replace the portions of the HVAC System serving the Premises exclusively in order to maintain reasonable conditions of temperature and humidity within the Premises. The Tenant will comply with the stipulations and with the Rules and Regulations of the Landlord pertaining to the operation and regulation of that equipment. (b) Notwithstanding any provision to the contrary in this Lease: (i) in the event that the Landlord is unable to supply any of the Building's electrical, heating, air conditioning, or entitle Tenant water systems serving the Premises (collectively, the "ESSENTIAL SERVICES"), or (ii) the Landlord is unable to terminate this Lease or withhold or provide access to the Premises in accordance with its obligations hereunder (the "ACCESS RIGHTS") and such inability of the Landlord materially impairs the Tenant's ability to carry on its business in the Leased Premises for a period of five (5) consecutive days, the Basic Rent and Additional Rent shall abate commencing with the sixth (6th) day of such mat▇▇▇▇▇ interference with the Tenant's business, save as hereinafter provided. Such abatement shall continue until the Essential Services and Access Rights have been restored to such extent that the lack of any rent due hereunderEssential Services or Access Rights no longer materially impairs the Tenant's ability to carry on its business in the Leased Premises. The Tenant shall not be entitled to such an abatement to the extent that the Landlord's inability to supply Essential Services or Access Rights is caused by events beyond the Landlord's control, unless the Landlord is otherwise compensated for such Rent out of insurance proceeds which are or ought to have been payable to it, in which case the Tenant shall be entitled to abatement as provided herein to the extent of such proceeds. In the event of any stoppage or interruption of Essential Services to the Premises or inability to provide the Access Rights, the Landlord shall use diligent efforts to restore Essential Services to the Leased Premises and the Access Rights as soon as possible. (c) If at all any time during the Term the Landlord, for reasons within its control, fails to provide Access Rights or any of the Essential Services and such failure materially impairs the Tenant's ability to carry on business in the Leased Premises, and such failure shall continue for five (5) consecutive days after written notice thereof from the Tenant, the Tenant shall have the right, but shall not be required to, take such reasonable times have free access steps as shall be necessary to all electrical cause the provision of such Essential Services or Access Rights, as applicable, including the payment of outstanding invoices and/or the performance of maintenance, repairs or replacements (such work performed by the Tenant shall be referred to herein as "SELF HELP WORK"), and mechanical installations any reasonable sums expended by the Tenant in so doing, commencing thirty (30) days after written demand accompanied by supporting invoices, shall be paid by the Landlord to the Tenant within thirty (30) days of Landlordreceipt of written demand of the Tenant accompanied by invoices supporting such expenditures. Notwithstanding the foregoing, if the Tenant: (i) shall provide the Landlord twenty-four (24) hours written notice prior to performing any self help work; (ii) shall not commence performance of any self help work for so long as the Landlord has commenced work to cure the applicable default and continues to diligently perform such work; and (iii) shall not perform any self help work in a result manner that unreasonably interferes with the Landlord's or any other tenant's use of the actions of LandlordProject. (d) Subject to subsections (b) and (c) hereof, its agents, contractors should Landlord fail to perform any other term or employees or the inactions of Landlord if Landlord is required to act covenant under this Lease, for more than three Lease and if any such default shall not be cured and shall accordingly be continuing thirty (330) consecutive business days following written notice by Tenant to Landlord of such default (in the event that such default consists of a breach or failure by Landlord to pay any monetary amount due and payable by Landlord to Tenant) or sixty (60) days following written notice by Tenant to Landlord of such default (in the event such default consists of a breach or failure by Landlord to comply with any obligation of Landlord other than one involving the payment of a monetary amount payable by Landlord to Tenant or such longer period of time as may be reasonably required by Landlord to cure such default, then, in either such event, Tenant shall have the option (at Tenant's sole discretion) of remedying such default by self-help work as contemplated by subsection (c). (e) If Landlord fails to pay the amounts referred to in subsection (c) and (d) hereof, and there is no HVAC service or electricity service dispute between the parties as to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, its obligations to do so that all or a portion of the Premises can(which dispute if not resolved within thirty (30) days shall be used by Tenantreferred to arbitration), then Tenant's obligation Tenant shall be entitled to pay offset such unpaid amounts against Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leaseit falls due.

Utilities and Services. Tenant (a) Lessor shall be responsible contract for and pay for, and Lessee shall pay promptly, directly reimburse Lessor therefor pursuant to the appropriate supplierParagraph 5 as an Operating Expense, all charges for waterelectricity, gas, electricitywater, sewer, heat, light, power, telephoneheat and air conditioning service, refuse pickuppick-up, janitorial servicesewer charges, interior landscape maintenance and all other utilitiesutilities or services supplied to or consumed by Lessee, materials its agents, employees, contractors, and services furnished directly to Tenant or the Premises or used by Tenant in, invitees on or about the Premises, excluding telephone and data service to the Building for which Lessee shall contract and pay directly. Lessor, at its sole cost and expense shall ensure that electricity in the Premises during the Term, together with any taxes thereon. If at any time after in Building 5 and Building 6 are separately metered prior to the Commencement Date and shall provide Lessee with copies of any utilities or utility bills and invoices for services are not separately metered or assessed upon written request therefor. Lessee may notify Lessor of its intent to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share contract for and pay for its own janitorial services for the interior of the cost of Premises and provided such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost janitorial service meets Lessor’s standards for “Class A” service provided elsewhere in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord Building as reasonably determined by Lessor, Lessor will permit Lessee to contract for its own janitorial service. (b) Lessor shall not be liable for damages or otherwise to Lessee for any interruption or failure or interruption of any utility or other service furnished services to the Premises, Building or the Premises which is not caused by the active negligence or willful acts of Lessor. Lessee shall not be relieved from the performance of any covenant or agreement in this Lease because of any such failure. Lessor shall make all repairs to the Premises required to restore such services to the Premises and no such failure or interruption the cost thereof shall be deemed an eviction or entitle Tenant payable by Lessee pursuant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if Paragraph 5 as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premisescurrent Operating Expense, or such as a capital improvement which is amortized over its useful life (together with interest thereon) as an interruption of other essential utilities and building services, such Operating Expense in accordance with generally accepted accounting principles as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenantdescribed in Paragraph 5(b); provided, however, that if Landlord such failure is diligently pursuing caused by the repair active negligence or willful acts of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipmentLessor, then there Lessor shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of bear such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leasecosts.

Utilities and Services. 6.01 Tenant shall be responsible for and shall to pay promptly, directly to the appropriate supplier, all charges for electricity, water, gasfuel, electricity, sewer, heat, light, powersewer charges, telephone, refuse pickuptrash hauling, janitorial service, interior landscape maintenance and all any other utilities, materials and services furnished directly to Tenant or the Premises or utilities used by Tenant in, on servicing or about assessed against the Premises during the TermPremises, together with any taxes thereonunless otherwise herein expressly provided. If at any time after the Commencement Date any utilities or services are not All such charges shall be separately metered or assessed to Tenant, and billed by the applicable utility provider. 6.02 Landlord shall make a reasonable determination of Tenant's proportionate share of furnish the following services (and the cost of such utilities services shall constitute Common Area Expenses), which services shall be substantially similar to services provided at comparable first-class office buildings in DuPage County: (i) heating and air conditioning to provide a temperature condition required, in Landlord's reasonable judgment, for comfortable occupancy of the Premises under normal business operations, weekdays from 8:00 A.M. to 6:00 P.M., Saturday from 8:00 A.M. to 1:00 P.M., and Sundays and holidays excepted; (ii) water for drinking, and, subject to Landlord's approval, cold water at Tenant's expense for any private restrooms and office kitchen requested by Tenant; (iii) men's and women's restrooms at locations designated by Landlord and in common with other tenants of the Building; (iv) daily janitor service in the Premises and Common Areas of the Building, weekends and holidays excepted; and (v) Landlord shall furnish passenger elevator services to the Premises twenty four (24) hours of all days (except as may be reasonably and temporarily limited for security procedures, repairs, maintenance or upgrades); and (vi) electricity to the Premises with service of 6.8 ▇▇▇▇▇ per square foot (1.6 ▇▇▇▇▇ per square foot for lighting and 5.2 ▇▇▇▇▇ per square foot for receptacle loads). 6.03 Landlord shall not be obligated to furnish any services other than those stated above. If Landlord elects to furnish services requested by Tenant in addition to those stated above (including services at times other than those stated above), Landlord shall notify Tenant prior to commencing such services of Landlord's charges in connection therewith. In the event Tenant requests additional services, Tenant shall pay give Landlord not less than one (1) business days' prior written notice of the date on which Tenant would like such amount services to commence. In the event Tenant shall elect to cause Landlord to provide such additional services, and if Tenant shall fail to make any such payment, then upon five (5) days prior notice to Tenant and in addition to all other remedies available to Landlord, Landlord may discontinue any additional services. No discontinuance of any such service shall result in any liability of Landlord to Tenant or be considered as an item eviction or a disturbance of additional rent, within fifteen (15) days after receipt Tenant's use of Landlord's statement or invoice thereforthe Premises. AlternativelyNotwithstanding the foregoing, Landlord may elect to include such shall charge Tenant the actual cost in the definition for operation (plus any additional costs associated with depreciation and increased maintenance of Project Costs in which event Tenant shall pay equipment) for Tenant's proportionate share of such costs in HVAC use before or after the manner set forth normal business hours as provided in Section 4.2. 6.02. 6.04 Tenant agrees that Landlord shall not be liable for damages or otherwise for any failure or interruption of delay in furnishing any utility or other service furnished to the Premises, and no stated above if such failure or interruption delay is caused, in whole or in part, by any one or more of the events stated in Section 15.01, nor shall any such failure or delay be deemed considered to be an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations disturbance of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion Tenant's use of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's relieve Tenant from its obligation to pay Basic any Rent when due, or from any other obligations of Tenant under this Lease. 6.05 Notwithstanding anything to the contrary in the Lease, if: (a) any services or utilities are interrupted or discontinued as a result of Landlord's negligence or willful conduct, and Operating Expenses (or an equitable portion Tenant is unable to and does not use the Premises as a result of such Basic interruption or discontinuance, and (b) Tenant shall have given written notice respecting such interruption or discontinuance to Landlord, and Landlord shall have failed to cure such interruption or discontinuance within ten (10) consecutive days after receiving such notice, or such additional time as may be required due to any Unavoidable Delay or other causes beyond Landlord's reasonable control, Rent and Operating Expenses to the extent that less than all of the Premises are affected) hereunder shall thereafter be abated until such time as such services or utilities are restored or Tenant begins using the Premises are again useable by Tenant; providedagain, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there whichever shall not be an first occur. Such abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an a discontinuance or interruption of servicesservices or utilities required to be provided by Landlord hereunder. Notwithstanding the foregoing, and shall not apply in the case recognition that Landlord must receive timely payments of the actions of parties other than Landlord, its employees, contractors or authorized agents, or Rent in case of damage to, or destruction of, order to operate the Premises, Tenant shall have no right to ▇▇▇▇▇ Rent unless and until Tenant shall have first obtained a valid judgment by a court of competent jurisdiction finding that the foregoing grounds for an abatement of Rent have been present, and fixing the amount of Rent abatement to which shall be governed by the provisions of Article XI of the LeaseTenant is entitled.

Utilities and Services. Landlord and Tenant acknowledge that, concurrently with their execution and delivery of this Lease, Landlord and Tenant are entering into a Lease for the remainder of the Project consisting of approximately 192,629 rentable square feet (the "Short Term Lease"). Tenant acknowledges and agrees that the shared electrical room for the Project requires expansion, and Tenant agrees that it will cooperate with Landlord to have such expansion occur into Tenant's storage room. Upon the completion of the expansion, the added space shall be responsible included in the Shared Space. Landlord and Tenant further acknowledge and agree that the telephone room shall be located solely in Tenant's Premises and may be used exclusively by Tenant and not any other occupant. In accordance with the timeframes set forth in Section 8(b) above, Landlord shall, at Landlord's sole cost, (i) separate the Project Systems (excluding fire system branch lines, fire life safety systems and common HVAC elements) serving the Premises from the remainder of the Project, and (ii) have separate meters or submeters installed for each of the following utilities: electricity, water and shall pay promptly, directly natural gas. Notwithstanding the foregoing or anything to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenantcontrary herein, Landlord shall make have the right, as determined in Landlord's sole discretion and at Landlord's sole cost, to either (A) separate the Project's condensed water loop and dedicate the existing cooling towers in the Project to service the Premises exclusively, or (B) maintain the condensed water loop and cooling tower as a reasonable determination Common Area in accordance with the terms of this Lease, in which event, Landlord shall install, at Landlord's sole cost, a new Siemens Talon Controls Building Management System (or comparable system) (the "BMS System") with controllers at each water source heat pump. Tenant shall cooperate with Landlord and Landlord's contractor to allow the timely completion of the foregoing work. If Landlord elects to maintain the condensed water loop and cooling towers as Common Area, Landlord shall utilize the BMS System to monitor and record the water heat source pump fan and compressor operation times to establish the costs attributable to each party utilizing same. Any utility costs attributable to Tenant as determined by Landlord's review of the BMS System shall be paid by Tenant to Landlord as Additional Rent within fifteen (15) days of Landlord's demand. Tenant shall have the right to connect additional equipment to the BMS System at Tenant's proportionate share sole cost, so long as such additional equipment is reasonably approved by Landlord, complies with all applicable laws, does not overload the BMS System and otherwise complies with all of the requirements set forth in this Lease. Any meters and sub-meters shall be installed for each such utility in order to measure amounts supplied to the Premises, other space in the Project and the Common Areas (and the costs measured from such meters and sub-meters shall be solely paid by the parties utilizing such systems as further described in this Section 11(a) below). After such separate meters are installed, Tenant shall contract directly with the applicable utility company for utilities separately metered to the Premises, Tenant shall have no responsibility for utilities provided to other space in the Project and utilities provided to the Common Areas of the Project shall be included in Operating Costs. Landlord shall ▇▇▇▇ Tenant for Tenant's usage (as determined by Landlord's review of the sub-meter readings) for any utilities that are sub-metered, and Tenant shall reimburse Landlord for such actual costs (without ▇▇▇▇-up from Landlord) as Additional Rent within fifteen (15) days of demand. Until such separate meters and submeters are installed, Tenant shall pay Tenant's Proportionate Share of the cost of such utilities and services and Tenant on a monthly basis. Landlord shall pay such amount to Landlordprovide, as an item Operating Cost of additional rentthe Project, within fifteen trash removal services and janitorial service to the Common Areas (15) days after receipt of Landlord's statement or invoice thereforbut not to the Premises). Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay be responsible, at Tenant's proportionate share of such costs in sole cost, for janitorial services to the manner set forth in Section 4.2Premises. Landlord shall not be liable for damages or otherwise for for, and except as provided in Section 11(b) below, there shall be no rent abatement as a result of, any failure stoppage, reduction or interruption of any utility such services caused by governmental rules, regulations or other service furnished to the Premisesordinances, and no such failure riot, strike, labor disputes, breakdowns, accidents or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leasenecessary repairs.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen ten (1510) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇abat▇ ▇▇▇ any rent due hereunder; provided, however, if any such failure or interruption is due to the sole active negligence or willful misconduct of Landlord, its employees or authorized agents (a "Landlord-Caused Service Interruption") and is not restored by Landlord within five (5) business days following written notice by Tenant of the Landlord-Caused Service Interruption in question, then Tenant shall be entitled to an abatement of Basic Rent reasonably allocable to that portion of the Premises that Tenant is prevented from using by reason of such Landlord-Caused Service Interruption, which abatement shall commence on the sixth (6th) business day following Tenant's notice of the Landlord-Caused Service Interruption in question and shall continue for the balance of the period during which Tenant is so prevented from using the affected portion of the Premises. The foregoing abatement provisions shall be the sole and exclusive remedy of Tenant with respect to any Landlord-Caused Service Interruption. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant shall be responsible for 5.1. From and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to TenantDate, Landlord shall make a will provide to the Premises: air-conditioning and heating during the seasons they are required in Landlord’s reasonable determination judgment; janitorial service after 5:30 p.m. on Monday through Friday 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 Tenant's proportionate share an emergency); and landscaping and snow removal during the seasons they are required. 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 cost of such utilities same day for extra service needed Monday through Friday, and services and by 2:00 p.m. on Friday for extra service needed on Saturday or Sunday). Tenant shall pay for such amount to Landlord, as an item extra service at the rate of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant$75.00 per hour per zone; provided, however, that if Landlord is diligently pursuing shall waive such payment for any extra service provided between 8:00 a.m. and 1:00 p.m. on Saturdays. To the repair of such utilities extent Tenant provides or contracts for any services and relating to any Building structure or system or any service or utility being provided by Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there to the Premises directly from the supplier (which Tenant shall not be an abatement 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 Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy year (except in the event of such an interruption emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building at times other than Building Hours. A reasonable number of servicesaccess cards or other means of access shall be provided to Tenant at no cost to 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. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to 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 out. 5.2. Tenant shall pay the Electric Charge to Landlord, as additional rent, in advance on a monthly basis, together with Base Rent, which represents the cost of electricity furnished to Tenant at the Premises. Landlord shall not be required to furnish, and Tenant shall not apply install a connected load (including all of Tenant’s equipment and systems, but excluding the Building systems) or otherwise draw, in excess of six (6) w▇▇▇▇ per rentable square foot of Premises; and, in any event, Tenant’s use of electric energy shall never exceed the capacity of the then existing feeders, risers or wiring installations serving the Premises. If any tax is imposed upon Landlord’s receipts from the sale or resale of electric energy to Tenant (directly or indirectly through a general tax on such receipts) by any federal, state or municipal authority, then Tenant shall pay, or reimburse Landlord, such taxes (or its share thereof) in addition to the other charges for electricity described in this Section 5. Tenant will at all times comply with all rules and regulations of the Utility Company, to the extent the same are applicable to its use of electric energy in the case Premises. Landlord shall not in any way be liable or responsible to Tenant for any’ loss, damage or expense which Tenant may sustain or incur if (a) the supply of electric energy to the actions Premises is temporarily interrupted, or (b) the quantity or character of parties other than electric service is changed or is no longer available or suitable for Tenant’s requirements. Landlord, at its employeesoption, contractors or authorized agentsshall furnish and install all replacement lighting, or tubes, lamps, bulbs and ballasts required in case of damage to, or destruction of, the Premises; and in such event, which Tenant shall be governed by pay to Landlord or its designated contractor upon demand the then established commercially reasonable charges therefor of Landlord. 5.3. Notwithstanding the provisions of Article XI Section 5.2, Landlord, at Landlord’s expense, may, at any time during the Term, install and maintain one or more electrical submeters to measure Tenant’s demand and consumption with respect to the electricity furnished by Landlord (such submeter(s) being herein called “Tenant’s Submeter”). In the event Tenant’s Submeter is so installed, then from and after the date of such installation Tenant, throughout the remainder of the LeaseTerm, in lieu of the charges described in Section 5.2 above, shall pay Landlord for such electricity as measured by Tenant’s Submeter as follows: Tenant, for any billing period, shall pay Landlord an amount determined by applying (i) Tenant’s electrical demand (measured in KWs) and consumption (measured in KWHRs) for such period, as measured by Tenant’s Submeter, to (ii) the rate schedule (inclusive of all taxes, surcharges and other charges payable thereunder or in connection therewith) of the utility company serving the Building (herein called the “Utility Company”) which would then be applicable to Tenant if it purchased electricity directly from the Utility Company for such period. Tenant shall pay the amount due for any billing period within thirty (30) days after being billed therefor, which bills Landlord may render from time to time (but no more frequently than monthly). Tenant shall also pay to Landlord an amount equal to the actual costs incurred by Landlord to a meter company or otherwise in respect of having Tenant’s Submeter read and having bills prepared and delivered based upon such readings. 5.4. Tenant shall arrange for the provision of internet and telephone service to the Premises.

Utilities and Services. 16.1 Tenant shall be responsible pay Landlord as part of Operating Expenses for all water (including the cost to provide, service, repair and shall pay promptly, directly to the appropriate supplier, all charges for water, replace chilled and other treated water provided through Landlord’s systems); gas, electricity, sewer, heat, light, power, electricity, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications, and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereonthereon (each a “Utility” collectively, the “Utilities”), and shall pay any such amounts directly to the applicable Utility provider for accounts held in Tenant’s name (provided that any such amounts paid directly to such Utility provider by Tenant shall not constitute Operating Expenses). If at any time after the Commencement Date any utilities or services are such Utility is not separately metered or assessed to Tenant, Landlord Tenant shall make pay a reasonable determination proportion (to be determined by Landlord) of all charges of such Utility jointly metered with other premises as part of Tenant's proportionate share ’s Pro Rata Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such Utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such utilities and services metering equipment, which cost shall be paid by Tenant as Additional Rent; provided that Landlord (in its reasonable discretion) may use any other reasonable allocation method then commonly accepted in the real estate industry to determine Tenant’s responsibility for any Utility, and Tenant shall pay such amount as part of Operating Expenses. The preceding sentence shall neither limit nor expand Tenant’s rights under Section 8.4. In addition, Tenant shall have the right to install submeters within the Premises for any Utility (subject to Landlord’s approval, as an item of additional rentwhich shall not be unreasonably withheld, within fifteen (15) days after receipt of Landlord's statement conditioned or invoice therefor. Alternativelydelayed), which submeters shall be installed, maintained, repaired and replaced at Tenant’s sole cost and expense. 16.2 If any Utilities provided by or through Landlord are interrupted for any reason, Landlord may elect shall with reasonable diligence endeavor to include restore the interrupted Utilities. Only if such cost interruption was caused by Landlord’s gross negligence or intentionally wrongful acts (or those of someone acting at Landlord’s direction), Landlord shall reimburse Tenant’s actual, reasonable, and direct costs of obtaining replacement Utilities during Landlord’s repairs, but not for any consequential or indirect losses (such as loss of data or product, or resulting from interference with any activities in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2Premises). Landlord shall not otherwise be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, failure or interruption of to furnish any utility or service, regardless of whether such failure is caused by (i) industry‑wide strikes; (ii) industry‑wide labor troubles; (iii) governmental preemption in connection with a national emergency; (iv) industry-wide shortages or unavailability of labor, fuel, steam, water, electricity or materials by reason of the acts of a governmental body that affect the supply or availability of the same; (v) mechanical breakdown (other service than as a result of such party’s contractor’s or subcontractors’ acts or omissions or Landlord’s gross negligence); (vi) acts of God; (vii) enemy action or action of terrorists; (viii) civil commotion; (ix) fire or other casualty; or (x) unusually abnormal weather (which events described in items (i) through (x) are hereafter individually or collectively referred to as “Force Majeure”). In the event of such failure resulting from Force Majeure, Tenant shall not be entitled to any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. Tenant shall be responsible for obtaining any and all back-up Utilities, generators, like equipment or services that it shall require in the event of a failure of Utilities. 16.3 Tenant shall pay for, prior to delinquency of payment therefor, any Utilities and services that may be furnished to the PremisesPremises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 16.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including data processing machines) that will in any way exceed the applicable Building’s capacity to provide such utilities or services. 16.5 If Tenant shall require Utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Buildings by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess Utilities or services, and no Tenant shall pay as Additional Rent an amount equal to the actual out‑of‑pocket cost of providing such failure or interruption excess utilities and services. 16.6 Utilities and services provided by Landlord to the Premises shall be deemed an eviction or entitle paid by Tenant to terminate as part of Operating Expenses, except as this Lease or withhold or expressly provides otherwise. Tenant shall have the right to contract directly with the Utility providers of its choosing, subject to Landlord’s reasonable approval, except that electricity shall be submetered NY\5747656.2 through Landlord as provided in Section 16.9 without ▇▇▇▇▇ any rent due hereunder-up by Landlord. Landlord shall at all provide Tenant with commercially reasonable times have free access assistance and cooperation to all help Tenant meet its electrical needs, but Landlord makes no assurances regarding the availability of electricity from any Utility provider. 16.7 Landlord shall provide water in Common Areas for drinking and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenantlavatory purposes only; provided, however, that if Landlord is diligently pursuing determines that Tenant requires, uses or consumes water for any purpose other than ordinary drinking and lavatory purposes, Landlord may install a water meter and thereby measure Tenant’s water consumption for all purposes. Tenant shall pay Landlord for the repair costs of such utilities or services meter and the installation thereof and, throughout the duration of Tenant’s occupancy of the Premises, Landlord provides substitute services reasonably suitable shall keep said meter and installation equipment in good working order and repair at Tenant’s sole cost and expense. Tenant agrees to pay for Tenant's purposeswater consumed, as for exampleshown on said meter, bringing in portable air-conditioning equipmentas Additional Rent (provided that Tenant has received bills or other reasonable documentation related thereto). If Tenant fails to timely make such payments, then there shall not be an abatement of Basic Rent or Operating ExpensesLandlord may pay such charges and collect the same from Tenant. Any disputes concerning such costs or expenses incurred, or payments made by Landlord for any of the foregoing reasons or purposes hereinabove stated, shall be resolved deemed to be Additional Rent payment by JAMS arbitration pursuant Tenant and collectible by Landlord as such. 16.8 Upon five (5) business days’ notice to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply Tenant (except (a) in the case of an emergency (where no notice shall be required) or (b) in the actions case any other tenant would be affected by the stopping of parties other than service described below, then, upon two (2) business days’ notice to Tenant), Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Landlord will use commercially reasonable efforts to coordinate with Tenant any discretionary interruption of services for repairs, alterations or improvements that Landlord desires to make, but may not be strictly necessary. Without limiting the foregoing, except for any obligation to pay money, it is expressly understood and agreed that any covenants on Landlord’s or Tenant’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant or Landlord, its employeesas the case may be, contractors shall not be deemed breached if Landlord or authorized agentsTenant, as the case may be, is unable to furnish or perform the same by virtue of Force Majeure. Landlord shall promptly notify Tenant of the occurrence of a Force Majeure event that would reasonably affect a service to Tenant hereunder. 16.9 Subject to the provisions of this Article and Article 46, Landlord shall furnish the electric energy that Tenant shall reasonably require in the Premises for the purposes permitted under this Lease. Electric energy shall be furnished through a meter or meters and related equipment measuring the amount of electric energy furnished to the Premises. Such meter(s) and related equipment shall be installed, serviced, maintained, monitored, and (as appropriate from time to time), upgraded by Landlord, if Landlord deems necessary. Only the initial costs of the upgraded equipment shall be at Landlord’s cost and expense and not the costs associated with servicing, maintaining and monitoring such equipment. Notwithstanding the foregoing, Tenant shall pay the cost and expense of upgrading such equipment if Tenant’s requirements for electric energy increase beyond those contemplated by this Lease and the Approved Landlord Work Plans and the Approved Tenant Plans. Tenant shall pay for electric energy (for which it is liable for payment under this Article) in accordance with Section 16.1 and Article 46; provided, however, that, within thirty (30) days after Tenant’s receipt from Landlord of any bills for the actual cost of such electric energy, Tenant shall pay to Landlord any additional sum due from Tenant to Landlord for such electric energy, or Landlord shall credit Tenant’s next installment of Rent for any amounts paid by Tenant that exceed the actual cost for such electric energy. The amount charged for electric energy furnished to the Premises (“Basic Electric”) shall be 100% of Landlord’s cost including those charges applicable to or computed on the basis of electric consumption, demand and hours of use, any sales or other taxes regularly passed on to or collected from similar consumers by such public utility company, fuel rate adjustments and surcharges, and weighted in each case to reflect differences in consumption or demand applicable to each rate level. Tenant and its authorized representatives may have access to such meter or meters (if any) on at least one (1) business day’s notice to Landlord, for the purposes of damage toverifying Landlord’s meter readings (if any). From time to time during the Term, Landlord may, in its sole discretion, install or eliminate, or destruction increase or reduce the number of, such meters or vary the portions of the Premises which they serve or replace any or all of such meters. Landlord shall diligently endeavor to minimize the amount of time, if any, that work or service on any meters interrupts or reduces the amount NY\5747656.2 of electricity available to the Premises, and Landlord shall give Tenant reasonable prior notice of any scheduled interruption. 16.10 If pursuant to any Applicable Laws, the charges to Tenant pursuant to Section 16.9 shall be reduced below that to which Landlord is entitled under such Section, the deficiency shall be paid by Tenant within ten (10) days after being billed therefor, as Additional Rent for the use and maintenance of the electric distribution system of the Buildings. 16.11 Landlord shall not be liable in any event to Tenant for any failure or defect in the supply or character of electric energy furnished to the Premises by reason of any requirement, act or omission of the public utility serving the Buildings with electric energy or for any other reason not attributable solely to Landlord’s willful misconduct or gross negligence. 16.12 Subject to Section 8.2, Landlord shall furnish and install all replacement lighting tubes, lamps, bulbs and ballasts required in the Premises, and Tenant shall pay to Landlord or its designated contractor within thirty (30) days of demand the then established charges therefor of Landlord or its designated contractor, as the case may be, as Additional Rent. Such replacements shall be of like kind or as otherwise specified by Tenant. Tenant may elect, by written notice to Landlord, to furnish and install such replacement lighting tubes, lamps, bulbs and ballasts. 16.13 Tenant’s use of electric energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Buildings’ distribution of electricity via the Buildings’ electric system, Tenant shall not exceed its allotted electrical capacity, without Landlord’s prior consent. Should Landlord grant such consent, which shall not be governed unreasonably withheld, conditioned or delayed, all additional risers, distribution cables, or other equipment required therefor shall be provided (a) by Landlord, and the provisions cost thereof shall be paid by Tenant to Landlord within thirty (30) days of demand by Landlord, which demand shall include reasonable back-up documentation detailing the estimated costs; or (b) at Tenant’s option, by Tenant pursuant to plans and contractors approved by Landlord, and otherwise in accordance with Article XI 11 of this Lease. 16.14 If required by any Applicable Laws and provided Tenant is able to obtain electrical service prior to the date of Landlord’s discontinuance, Landlord, upon at least sixty (60) days’ notice to Tenant, may discontinue Landlord’s provision of electric energy hereunder. If Landlord discontinues provision of electric energy pursuant to this Section, Tenant shall not be released from any liability under this Lease, except that as of the Leasedate of such discontinuance, Tenant’s obligation to pay Landlord’s additional charges under Section 16.8 for electric energy thereafter supplied to the Premises shall cease. As of such date, Landlord shall permit Tenant to receive electric energy directly from the public utility company supplying electric energy to the portion of the Entire Project in which the Premises are located, and Tenant shall pay all costs and expenses of obtaining such direct electrical service. Such electric energy may be furnished to Tenant by means of the then existing Building system feeders, risers and wiring to the extent that the same are available, suitable and safe for such purpose. All meters and additional panel boards, feeders, risers, wiring and other conductors and equipment which may be required to obtain electric energy directly from such public utility company shall be furnished and installed by Landlord at Landlord’s expense (which shall constitute an Operating Expense, amortized on a straight line basis over the useful life of the items in question, which shall not extend beyond the Term Expiration Date, in accordance with GAAP). 16.15 Notwithstanding anything to the contrary in this Article, to the extent that the CAM Pools specifically provide for the allocation or payment of any Operating Expenses and are inconsistent with this Article, such CAM Pools shall govern.

Utilities and Services. Tenant shall be responsible for (a) Mondays through Fridays from 8:00 A.M. to 6:00 P.M. and shall pay promptly, directly Saturdays from 8:00 A.M. to 1:00 P.M. (except the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant days observed by the Federal or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to TenantState governments as legal holidays), Landlord shall make furnish and distribute to the Demised Premises air conditioning and heat with a system designed in accordance with Exhibit "D" hereto. If Tenant shall require air conditioning or ----------- heat at any other time ("after-hours"), Landlord shall furnish after-hours air conditioning and heat upon reasonable determination of advance notice from Tenant's proportionate share of the cost of such utilities and services , and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement costs (direct and related) therefor on Landlord's demand. Tenant shall notify Landlord no later than 2:00 P.M. on the day it requires after-hours air conditioning or invoice thereforheat, however, if Tenant requires after-hours air conditioning or heat on a Monday, Tenant shall notify Landlord of same by 2:00 P.M. on the preceding Friday. AlternativelyThe current charges for after hours heat is $70.00 per hour and for after hours air conditioning is $110.00 per hour, which charges are subject to periodic review and adjustment by Landlord. (b) Landlord may elect shall supply reasonably adequate quantities of water to include such cost the Demised Premises for ordinary lavatory and drinking purposes. (c) Landlord shall cause the Demised Premises to be cleaned in accordance with Exhibit "E" hereto; provided that to the definition extent any area is used ----------- for the preparation, dispensing or consumption of Project Costs in which event food or for a computer room, data processing or similar equipment and requires additional cleaning, Tenant shall pay Tenantto Landlord the premium charged for same by Landlord's proportionate share of such costs in the manner set forth in Section 4.2cleaning contractor. Landlord shall also cause the Building and Property to be cleaned, as well as cause snow and ice to be removed from the parking lots and sidewalks located thereon. (d) In no event shall Landlord be required to provide any security services to the Demised Premises. Tenant shall supply such security services to the Demised Premises as Tenant requires, subject to Landlord's prior approval of plans, provided that Landlord's consent shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished required to the extent the work is nonstructural, as defined in Article 9(b) hereof. Notwithstanding the foregoing, in the event Tenant elects to utilize the security system currently located in the Demised Premises, Tenant shall be required to maintain and no repair said system at its sole cost and expense. Landlord shall supply security cards in connection with the existing security system to Tenant for Tenant's employees. In the event the security cards are lost during the term of this Lease or not returned to Landlord upon the expiration of the term of this Lease, the cost of replacing the security cards shall be borne exclusively by Tenant. (e) Landlord does not warrant that any of the services referred to above, or any other services which Landlord may supply, will be free from interruption, Tenant acknowledging that any or more such failure services may be suspended by reason of accident or of repairs, alterations or improvements necessary to be made, or by strikes or lockouts, or by operation of law, or causes beyond the reasonable control of Landlord. Any such interruption or discontinuance of service shall not be deemed an eviction or entitle disturbance of Tenants use and possession of the Premises, or any part thereof, or render Landlord liable to Tenant to terminate for damages by abatement of Rent or otherwise, or relieve Tenant from performance of Tenant's obligations under this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Lease. (f) Notwithstanding the foregoing, if any essential service to be provided under the terms of this Article and this Lease that is within Landlord's reasonable control is interrupted or curtailed for a period in excess of three (3) full business days after notice of same is given to Landlord, and as a result thereof Tenant is unable to continue operating its business in the Demised Premises as a result of same, Tenant shall receive an abatement of the actions of Landlord, its agents, contractors or employees or Base Rent for the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a pro rata portion of the Premises, Demised Premises that is unusable for the period of time that such essential service has been interrupted or such an interruption of other essential utilities curtailed and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation result therefor Tenant was unable to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy continue operating its business in the event of Demised Premises during such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leaseperiod.

Utilities and Services. a. Landlord shall furnish the following utilities and services to the Premises: electric current equal to 5 ▇▇▇▇▇ per rentable square foot of the Premises, inclusive of base Building lighting and HVAC (for lighting and operation of normal desk-type office machines); cold water; lavatory supplies; heat and air-conditioning during the appropriate seasons of the year as reasonably required; elevator service; and janitorial and trash removal service, which janitorial service shall be provided on weekdays, excluding Holidays (hereinafter defined), in accordance with the specifications set forth on Exhibit C attached hereto (which specifications [but not the frequency of such service] are subject to change by Landlord in Landlord's sole discretion, however, any change to such specifications shall not result in any reduction in service). Heating and air conditioning shall be provided to the Premises only during the following days and hours (“Normal Business Hours”): (i) Monday through Friday 8:00 a.m. to 7:00 p.m., and (ii) Saturday 9:00 a.m. to 1:00 p.m., excluding Holidays. As used herein, the term "Holidays" shall mean all Federal holidays. At times other than the Normal Business Hours and Holidays, central air conditioning and heating shall be provided to Tenant upon at least twenty-four (24) hours prior notice from Tenant, and upon payment by Tenant of the hourly charge established by Landlord from time to time for each hour (or a portion thereof) of usage before or after Normal Business Hours. The current hourly charge for each hour (or any portion thereof) of non-Normal Business Hours usage of central air conditioning and heating is Sixty-Five Dollars ($65.00) per hour (or any portion thereof) per floor (or any portion thereof) of the Building and any increase in such charge shall be limited Landlord's actual costs incurred (without ▇▇▇▇- up) in providing such after-hours HVAC service (including depreciation on Building HVAC equipment). Subject to applicable law, casualty, condemnation and other events beyond Landlord's control, Landlord shall use reasonable efforts to ensure that at least one (1) passenger elevator is operating in the Building twenty-four (24) hours per day, seven (7) days per week. All Building standard light bulbs and tubes in the Premises shall be replaced by Landlord and the cost thereof shall be included in Operating Expenses. In the event that Landlord must temporarily suspend or curtail services because of accident and repair, Landlord shall have no liability to Tenant for such suspension or curtailment or due to any restrictions on use arising therefrom or relating thereto, and Landlord shall proceed diligently to restore such service. No interruption or malfunction of any such services shall constitute an actual or constructive eviction or disturbance of Tenant's use and possession of the Premises, the Building or the parking garage or parking areas in or around the Building or constitute a breach by Landlord of any of its obligations hereunder or render Landlord liable for damages or entitle Tenant to be relieved from any of Tenant's obligations hereunder (including the obligation to pay rent) or grant Tenant any right of setoff or claim against Landlord or constitute a constructive or other eviction of Tenant. Except in the event of an emergency, Landlord shall provide Tenant with at least two (2) days prior notice of any interruption of any service Landlord is required to provide pursuant to the terms of this Section 9.a. Notwithstanding the foregoing, in the event that due solely to Landlord's negligence or willful misconduct, Landlord is not able to provide HVAC, electricity or water to the Premises for a period of more than five (5) consecutive business days and such failure shall render the Premises unusable for general office purposes and Tenant shall actually cease to conduct business in the entire Premises, then, provided no Event of Default hereunder exists and as Tenant's sole and exclusive remedy, the Annual Base Rent shall, commencing on the sixth (6th) business day after such failure (but in no event earlier than five (5) business days after receipt from Tenant of written notice that such failure has occurred and Tenant has ceased the use of the Premises), ▇▇▇▇▇ until the earlier of the date that (A) Tenant again uses any portion of the Premises, or (B) the Premises is again usable. In the event of any such interruption, Landlord shall use reasonable diligence to restore such services. b. Tenant will not, without the prior written consent of Landlord, use any electrical apparatus or device in the Premises which uses current in excess of .60 kilowatt hours per square foot of usable area in the Premises per month, as determined by Landlord; and Tenant will not connect to electric current any apparatus or device for the purpose of using electric current or water, except through existing electrical outlets in the Premises or water pipes. If Tenant shall require water or electricity in excess of that which would otherwise be furnished or supplied for the intended use of the Premises, Tenant shall first secure the written consent of Landlord for the use thereof, which consent Landlord may refuse in its absolute discretion. Landlord may condition its consent upon the requirement that a water meter or electric current meter be installed in the Premises, so as to measure the amount of water and electric current consumed for any such excess use. The cost of such meters and installation, maintenance and repair thereof, the cost of any such excess utility use as shown by said meter, the cost of any new or additional utility installations, including, without limitation, wiring and plumbing, resulting from such excess utility use, and the cost of any additional expenses incurred in keeping count of such excess utility use shall be paid by Tenant within thirty (30) days after Tenant’s receipt of a ▇▇▇▇ therefor from Landlord or, if Tenant is billed separately therefor, promptly upon receipt of a ▇▇▇▇ for same. Whenever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right, should Tenant fail to cure the condition leading to such heat generation within five (5) business days after receipt of notice from Landlord, to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. c. Tenant shall have the right to install and operate in the Premises personal computers and other electrically-operated office equipment normally used in state-of-the-art business offices. Tenant shall not install equipment of any kind or nature whatsoever nor engage in any practice or use which will or may necessitate any changes, replacements or additions to, or in the use of, the water system, heating system, plumbing system, air conditioning system, electrical system, floor load capacities, or other mechanical or structural system of the Premises or the Building without first obtaining the prior written consent of Landlord, which consent may be conditioned upon, but not limited to, Tenant first securing at its expense additional capacity for any said service in the Building; provided, however, Tenant shall be responsible for and shall pay promptlypaying for any excess utility consumption arising from any such change, directly replacement, use or addition, such payments to the appropriate supplierbe based on Landlord's reasonable estimate or, all charges for waterat Landlord's option, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly a submeter or similar device to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If measure such usage (said device to be installed at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of expense). Additionally, in the cost of such utilities and services and event that Landlord reasonably determines that Tenant's electrical consumption exceeds standard office use, Tenant shall pay the amount of such amount to excess electrical consumption, as reasonably determined by Landlord, as an item of additional rent, within fifteen thirty (1530) days after receipt of Landlord's statement or an invoice therefor. AlternativelyMachines, equipment and materials belonging to Tenant which cause vibration, noise, cold, heat, fumes or odors that may be transmitted outside of the Premises to such a degree as to be objectionable to Landlord may elect in Landlord's reasonable opinion or to include such cost any other tenant in the definition of Project Costs in which event Building shall be treated by Tenant shall pay Tenant's proportionate share of at its sole expense so as to eliminate such costs in the manner set forth in Section 4.2. Landlord objectionable condition, and shall not be liable for damages allowed to operate until such time as the objectionable condition is remedied to Landlord's satisfaction. d. Tenant shall comply, at its sole cost and expense, with all orders, requirements and conditions now or otherwise for hereafter imposed by any failure or interruption ordinances, laws, orders and/or regulations (hereinafter collectively called "regulations") of any utility governmental body having jurisdiction over the Premises or other service furnished the Building, whether required of Landlord or otherwise, regarding the collection, sorting, separation and recycling of waste products, garbage, refuse and trash (hereinafter collectively called "waste products") including, but not limited to, the separation of such waste products into receptacles reasonably approved by Landlord and the removal of such receptacles in accordance with any collection schedules prescribed by such regulations. Landlord reserves the right (i) to the Premisesrefuse to accept from Tenant any waste products that are not prepared for collection in accordance with any such regulations, (ii) to require Tenant to arrange for waste product collection at Tenant's sole cost and expense, utilizing a contractor reasonably satisfactory to Landlord, and no such failure or interruption shall be deemed an eviction or entitle (iii) to require Tenant to terminate this Lease pay all costs, expenses, fines, penalties, or withhold damages that may be imposed on Landlord or ▇▇▇▇▇ Tenant by reason of Tenant's failure to comply with any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlordsuch regulations. Notwithstanding the foregoing, if as Tenant is unable to comply with Landlord's standard procedures regarding the internal collection, sorting, separation and recycling of waste products, Landlord shall use reasonable efforts to arrange for alternative procedures for Tenant, and Tenant shall pay Landlord all additional costs incurred by Landlord with respect thereto. e. Throughout the Term, subject to applicable laws, casualty, condemnation and any other event outside of Landlord's control, Tenant shall be provided with access to the Building twenty-four (24) hours a result day, 365 days a year. The Building's main entrance doors and elevators shall be equipped with a card reader security system or other similar security access system. Prior to the Commencement Date, Landlord shall provide Tenant with sixty-five (65) access cards, at no cost to Tenant. Tenant shall be responsible for the cost of any additional or replacement access cards requested by Tenant, which cost shall be equal to Landlord’s actual cost of obtaining such access cards for Tenant. Except in the event of Landlord’s negligence or willful misconduct, but subject to the terms of Section 12.d, below, Landlord shall not be responsible for the quality, action or inaction of the actions Building’s or Premises’ access system or for any damage or injury to Tenant, its employees, agents, invitees or their respective property resulting from any failure, action or inaction of the Building’s and/or Premises’ access systems. Subject to Landlord’s review and approval of the plans and specifications for such system, Tenant shall be entitled to install, at Tenant's sole cost and expense, a security and card reader access system for the Premises, which Tenant shall coordinate with the Building's main security access system; provided Tenant's card reader access system for the Premises does not adversely affect the main Building access system or any other Building system, and provided further that Tenant shall provide Landlord with a reasonable number of access cards by which Landlord may gain access to the Premises using Tenant's card reader access system. f. Landlord, at Landlord’s sole cost, shall initially install one (1) Building-standard suite entry sign bearing Tenant’s name in the Building-standard location adjacent to the main entrance to the Premises. In addition, Tenant may install an additional suite-entry sign containing Tenant’s name and/or corporate logo, which sign, and all attributes thereof, shall be subject to Landlord’s reasonable approval. In addition, Landlord, at Landlord’s sole cost, shall initially provide Tenant with up to five (5) directory strips in the directory board located in the main lobby of the Building. g. Subject to availability and provided that Landlord or an affiliate of Landlord is the owner of the Building and the building located at ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ("Building 3"), Tenant shall have the non-exclusive right to reserve the use of the conference room facilities located in Building 3 (collectively, the "Conference Room Facilities"). Tenant's use of the Conference Room Facilities shall be subject to the reasonable rules and regulations governing the use of same, as promulgated from time to time in writing by Landlord and/or Landlord's affiliates. Reservations of the Conference Room Facilities will be filled by Landlord and/or Landlord's affiliates on a first come, first served basis, provided, however, that Tenant expressly acknowledges and agrees that no standing reservations (i.e., recurring reservations on the same day of a set interval) shall be permitted. Tenant shall pay Landlord a daily use charge for Tenant's use of the Conference Room Facilities, which charge shall be subject to change from time to time. The costs of operating and maintaining the Conference Room Facilities shall be included in Operating Expenses in accordance with the terms of Section 4, above. h. Landlord and Tenant hereby acknowledge and agree that during the Term (i) Landlord shall permit Tenant's employees to use, without any fee, the fitness facility currently located in the Building (the "Fitness Facility"), subject to such reasonable rules and regulations as Landlord may promulgate from time to time with respect to the use of the Fitness Facility, (ii) any use of the Fitness Facility by Tenant employees shall be at their sole risk and Landlord reserves the right to require that such employees who want to use the Fitness Facility sign waivers of liability acceptable to Landlord, (iii) Landlord shall not be responsible for any injury, loss or damage suffered by Tenant, or its employees, resulting from their use of the Fitness Facility, (iv) the existence, size, location and other attributes (including equipment and personnel) of the Fitness Facility shall be determined by Landlord in its sole discretion, (v) Landlord shall only permit employees of tenants and other occupants of the Building to use the Fitness Facility and (vi) all costs of operating and maintaining the Fitness Facility, including any and all costs associated with staffing the Fitness Facility, shall be included in Operating Expenses. i. Landlord shall maintain in good condition and repair the common areas of the Building, the roof, foundation, structural walls and other structural components of the Building and the base Building systems serving the Premises, except to the extent the need for such maintenance arises due to any negligent act or omission of Tenant, its agents, contractors contractors, employees, invitees, subtenants or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion assignees. If any of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion common areas of the Premises canBuilding are in violation of applicable law (including, but not be used by Tenantlimited to the ADA), including all fire and life / safety equipment located in such common areas that is part of the base Building fire / life safety system, then TenantLandlord shall promptly cure such violation at Landlord's obligation to pay Basic Rent sole cost and Operating Expenses (or an equitable portion of expense, but such Basic Rent costs and expenses shall be included in Operating Expenses to the extent that less than all of permitted by the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 terms of this Lease. The foregoing provisions shall be Notwithstanding the foregoing, if the requirement that is violated results from Tenant's sole recourse and remedy particular use or occupancy of the Premises or any alteration made by Tenant in the Premises or Tenant or any agent, contractor, employee, invitee, assignee or subtenant of Tenant, otherwise caused such violation, then Tenant shall pay for or reimburse Landlord for the cost to cure such violation. j. In the event of such an interruption of services, and shall not apply in that the case existing Metro shuttle operated by the owner’s association of the actions of parties other than LandlordProject ceases to operate, its employees, contractors or authorized agents, or in case of damage to, or destruction of, Landlord shall provide during the Premises, which shall be governed by Term a shuttle to and from the provisions of Article XI of the Lease.B

Utilities and Services. Tenant shall be responsible for obtain in its own name and shall pay promptly, directly to the appropriate supplier, supplier the cost of all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials utilities and services furnished directly to Tenant serving the Leased Premises. However, if any services or the Premises or used by Tenant in, on or about the Premises during the Term, together utilities are jointly metered with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenantother property, Landlord shall make a reasonable determination of Tenant's ’s proportionate share of the cost of such utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall pay such amount share to Landlord, as an item of additional rent, Landlord within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2’s written statement. Landlord shall not be liable for in damages or otherwise for any failure or interruption of any utility or other Building service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding the foregoing, to the extent that (a) such interruption of service is caused by the negligence or willful misconduct of Landlord or its employees and (b) such interruption of service renders the Leased Premises or any portion of the Leased Premises untenantable for a period of six (6) consecutive business days after Landlord receives written notice from Tenant of such interruption of service, Minimum Annual Rent and the TICAM Charges shall ▇▇▇▇▇ any with respect to the area which is affected for each such consecutive day after said six (6) business day period that such area of the Leased Premises is so rendered until such service is restored. The rent abatement shall equal the Monthly Rental Installment due hereunderfor the period of the interruption with respect to the square footage affected. Landlord shall at all reasonable times have free access Provided, however, to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if extent that such interruption is caused or continues as a result of (i) force majeure (as defined in Section 16.03 hereof), or (ii) the actions negligence or willful misconduct of LandlordTenant, its agents, contractors employees, contractors, subtenants, invitees or employees assignees, Tenant shall not be entitled to any abatement hereunder. The Leased Premises shall be considered untenantable if Tenant does not use the Leased Premises or portion thereof affected in the inactions conduct of Landlord if its normal business operations as a result of said interruption of service to the Leased Premises. It is agreed and understood that Tenant shall not use nor be entitled to use the Leased Premises or portion thereof affected to conduct its normal business operations during any day for which Landlord is required obligated to act under this Lease▇▇▇▇▇ rent hereunder. The abatement herein provided shall be Tenant’s sole and exclusive remedy for interruption of service. Landlord agrees to use its reasonable efforts to restore such utility service as soon as possible. If, however, such interruption of service renders the Leased Premises or any material portion of the Leased Premises untenantable for more a period of greater than three twenty (320) consecutive business days following after Landlord receives written notice to Landlord there is no HVAC service or electricity service to all or a portion from Tenant of the Premises, or such an interruption of other essential utilities and building servicesservice, such as fire protection or waterLandlord, so that all or a portion upon the request of the Premises cannot be used by Tenant, then Tenant's obligation shall use reasonable efforts to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses provide Tenant with temporary space from which to the extent operate at a rental rate to be agreed upon at that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenanttime; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there rental rate shall not be an abatement in excess of Basic the Minimum Annual Rent or Operating Expensesthat would have been payable hereunder absent such interruption in service. Any disputes concerning Notwithstanding anything herein to the foregoing contrary, Landlord acknowledges that Tenant shall be resolved by JAMS arbitration pursuant permitted (subject to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse 7.03 below) to upgrade the transformer and remedy in or install a new transformer at the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Leased Premises, which shall become the property of Landlord upon installation. If, however, Tenant installs an additional new and specialized transformer at the Leased Premises, then, notwithstanding anything to the contrary set forth in Section 7.03 below such transformer shall be governed by the provisions of Article XI of the Leasedeemed Tenant’s Property (as defined in Section 8.01 below).

Utilities and Services. (a) Mondays through Fridays from 8:00 A.M. to 6:00 P.M. and Saturdays from 8:00 A.M. to 1:00 P.M. (except the days observed by the Federal or State governments as legal holidays), Landlord shall furnish and distribute to the Premises air conditioning and heat with a system designed in accordance with Exhibit “F” hereto. If Tenant shall be responsible for require air conditioning or heat at any other time (“after-hours”), Landlord shall furnish after-hours air conditioning and heat upon reasonable advance notice from Tenant, and Tenant shall pay promptlyLandlord’s costs (direct and related) therefor on Landlord’s demand. The current charge for after hours heat is $40.00 per hour and for after hours air conditioning is $75.00 per hour, directly which charges are subject to revision. (b) Landlord shall supply reasonably adequate quantities of water to the appropriate supplierPremises for ordinary lavatory and drinking purposes. (c) Landlord shall cause the Premises to be cleaned in accordance with Exhibit “G” hereto; provided that to the extent any area is used for the preparation, all charges dispensing or consumption of food or for watera computer room, gasdata processing or similar equipment and requires additional cleaning, electricityTenant shall pay to Landlord the premium charged for same by Landlord’s cleaning contractor. (d) In no event shall Landlord be required to provide any security services to the Premises. Tenant shall supply such security services to the Premises as Tenant requires and at Tenant’s sole cost and expense, sewersubject to Landlord’s prior approval of plans, heatprovided that Landlord’s consent shall not be required to the extent the work is nonstructural, lightas defined in Article 9(b) hereof. As of the Commencement Date, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly Landlord shall provide twenty-five (25) card keys to Tenant for its employees at Landlord’s sole cost and expense. In the event Tenant requires additional or the Premises or used by Tenant in, on or about the Premises replacement card keys during the Term, together with same shall be provided by Landlord to Tenant at Tenant’s expense. (e) Landlord does not warrant that any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost services referred to above, or any other services which Landlord may supply, will be free from interruption, Tenant acknowledging that any or more such services may be suspended by reason of such utilities and services and Tenant shall pay such amount accident or of repairs, alterations or improvements necessary to Landlordbe made, as an item or by strikes or lockouts, or by operation of additional rentlaw, within fifteen (15) days after receipt or causes beyond the reasonable control of Landlord's statement . Any such interruption or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition discontinuance of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord service shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical disturbance of Tenants use and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion possession of the Premises, or such an interruption of other essential utilities and building servicesany part thereof, such as fire protection or water, so that all or a portion of the Premises cannot be used render Landlord liable to Tenant for damages by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 otherwise, or relieve Tenant from performance of Tenant’s obligations under this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. a) Landlord shall furnish the Premises with electricity, heating and air conditioning for the normal use and occupancy of the Premises as general offices between 8:00 a.m. and 6:00 p.m., Monday through Friday, of each week during the Term (Building Holidays excepted). Tenant agrees to pay as Additional Rent all charges for electricity, light, heat or other utility used by Tenant at the Premises. If a separate meter is installed, Tenant shall pay for the consumption of such utilities based upon its metered usage. A separate meter or submeter shall be installed (as set forth in Exhibit C) to meter Tenant's consumption of electricity. If no meter is installed, Tenant shall pay its Proportionate Share of any utility charges covering the Demised Premises and the remainder of the Building. Tenant shall pay all bills for separately metered utility usage within ten (10) days after receipt thereof, and any non-payment or late payment of such utility bills shall be deemed a default under the terms of this Lease. All charges for installation and repairs of any meters servicing the Premises shall be payable by Tenant as Additional Rent and shall be paid when the same shall become due. If Tenant shall require electricity or install electrical equipment using current in excess of 110 volts or which will in any way increase the amount of electricity furnished by Landlord for general office use (including but not limited to electrical heating or refrigeration equipment or electronic data processing machines) or if Tenant shall attempt to use the Premises in such a manner that the services to be furnished by Landlord are required during periods other than the business hours specified above, Tenant will obtain prior written approval from Landlord and will pay, as Additional Rent, for the resulting additional direct expense to Landlord, including the expense resulting from the installation of any equipment and meters, promptly upon receipt of an invoice from Landlord. b) Within the Common Facilities of the Building, Landlord shall furnish reasonably: (i) adequate electricity, (ii) hot and cold water, (iii) lavatory supplies, (iv) automatically operated elevator service, (v) normal and customary cleaning services (on a five-day a week basis) after business hours, (vi) heat and air conditioning in season, (vii) landscaping, (viii) parking lot maintenance, (ix) common area maintenance and (x) snow and ice removal. Tenant shall be responsible for and its Proportionate Share of such services in accordance with Section 6(b) hereof. Landlord shall pay promptly, directly provide janitorial service to the appropriate supplierPremises, all charges for waterfive days per week, gasafter regular business hours, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly the costs of such service will be passed through to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. 6. c) Landlord shall not be liable for any damages to Tenant resulting from the quality, quantity, failure, unavailability or otherwise for any failure or interruption disruption of any utility services beyond the reasonable control of Landlord and the same shall not constitute a termination of this Lease or other service furnished to the Premises, and no such failure an actual or interruption shall be deemed an constructive eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunderan abatement of rent. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlordnot be responsible for providing any services not specifically provided for in this Lease. Notwithstanding anything to the foregoingcontrary contained in this Lease, if (i) Landlord ceases to furnish any service in the Building, and Tenant notifies Landlord of such cessation in writing (the "Interruption Notice"), (ii) such cessation does not arise as a result of the actions gross negligence of Tenant (iii) such cessation is not caused by a fire or other casualty (in which case Section 15 shall control), (iv) the repair or restoration of such service is reasonably within the control of Landlord, its agentsand (v) as a result of such cessation, contractors the Premises or employees or material portion thereof, is rendered untenatable (meaning that Tenant is unable to use the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all Premises or a substantial portion thereof in the normal course of its business) and Tenant, in fact ceases to use the Premises, or material portion thereof, then, commencing on the fifth (5th) Business Day after the later to occur of the date the Premises (or material portion thereof) becomes untenatable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, all rent hereunder shall be abated on a per diem basis for each day of such interruption based upon the percentage of other essential utilities the Premises so rendered untenantable and building servicesnot used by Tenant and such abatement shall continue until the date the Premises becomes tenantable again. d) Tenant shall pay capital improvements which Landlord shall install or construct for energy saving devices. Tenant's Proportionate Share shall be determined based upon the estimated life of the capital investment item, determined by Landlord in accordance with generally accepted accounting principles, and shall include a cost of capital funds adjustment equal to twelve percent (12%) per year on the unamortized portion of all such as fire protection or water, so that all or a costs. Tenant shall only have to pay for the portion of the Premises cannot useful life of the capital improvement which falls within the Term. Tenant shall thus make payments in equal annual installments for such capital improvements until the Term expires or until the cost of the improvement has been fully paid for, whichever first occurs; such payments shall be used computed by Tenant, then Landlord at the time of installation of the capital improvement in the same manner as Landlord makes computations of Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all share of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration annual operating costs pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease6(b)(ii).

Utilities and Services. 16.1 Landlord shall pay for all water (from a local municipal or similar source) and gas supplied to the Premises, and Landlord shall be entitled to include these sums in Operating Expenses. Tenant shall pay for all electricity supplied to the Premises, including for lights, plugs, and Overtime HVAC (as defined below) during the Term. Tenant shall also pay for all telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility for which Tenant is responsible is not separately metered or submetered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and include the cost of purchasing, installing and monitoring such metering equipment in Operating Expenses. 16.2 Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess usage. In the event that the Building or Project is less than ninety-five percent (95%) occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than placement of personal property as set forth in Section 4.5 (including to construct the Tenant Improvements), then Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of utilities supplied to the Premises from such utilities and services and Tenant shall pay such amount to Landlord, as an item earlier date of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. possession. 16.3 Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished service, whether or not such failure is caused by accidents; breakage; casualties (to the Premisesextent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and no labor disputes resulting solely from the acts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by any Lender whose consent is required under any applicable Loan Document; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence (but not gross negligence). In the event of such failure or interruption (except as expressly set forth below), Tenant shall not be deemed an eviction or entitle Tenant entitled to terminate termination of this Lease or withhold any abatement or ▇▇▇▇▇ reduction of Rent, nor shall Tenant be relieved from the operation of any rent due hereundercovenant or agreement of this Lease. Landlord shall “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at all reasonable times have free access to all electrical and mechanical installations of Landlordthe applicable time based on historic meteorological records. Notwithstanding anything to the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under contrary in this Lease, if, for more than three five (35) consecutive business days following written notice to Landlord there and as a direct result of Landlord’s gross negligence or willful misconduct (and except to the extent that such failure is no caused in whole or in part by the action or inaction of a Tenant Party (as defined below)), (a) the provision of HVAC service or electricity service other utilities to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a material portion of the Premises canthat Landlord must provide pursuant to this Lease is interrupted or (b) Tenant does not be used by Tenanthave access to the Premises (a “Material Services Failure”), then Tenant's obligation to pay Basic ’s Base Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Operating Expenses) shall thereafter be abated until the Premises are again useable usable by TenantTenant for the Permitted Use; provided, however, that that, if Landlord is diligently pursuing the repair restoration of such HVAC and other utilities or services and Landlord provides substitute services HVAC and other utilities reasonably suitable for Tenant's purposes’s continued use and occupancy of the Premises for the Permitted Use (e.g., as for example, bringing in supplying potable water or portable air-air conditioning equipment), then there shall not be an abatement of Basic neither Base Rent or nor Operating Expenses. Any disputes concerning the foregoing Expenses shall be resolved by JAMS arbitration abated. During any Material Services Failure, Tenant will cooperate with Landlord to arrange for the provision of any interrupted utility services on an interim basis via temporary measures until final corrective measures can be accomplished, and Tenant will permit Landlord the necessary access to the Premises to remedy such Material Service Failure. In the event of any interruption of HVAC or other utilities that Landlord must provide pursuant to Section 22.7 this Lease, regardless of the cause, Landlord shall diligently pursue the restoration of such HVAC and other utilities. Notwithstanding anything in this Lease to the contrary, but subject to Article 24 (which shall govern in the event of a casualty), the provisions of this Lease. The foregoing provisions Section shall be Tenant's ’s sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties HVAC or other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, utilities to the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's ’s proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen ten (1510) days after receipt of Landlord's ’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs Building Costs, in which event Tenant shall pay Tenant's ’s proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall shall, at all reasonable times times, have free access to all electrical and mechanical installations of Landlord; provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant’s business in the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors authorized agents or employees or the inactions of Landlord if Landlord is required to act under this Leaseemployees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay ’s Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's ’s purposes, as for example, bringing in portable air-air conditioning equipment, then there shall not be an abatement of Basic Rent or Operating ExpensesRent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. 4.1 Landlord will furnish heat to maintain the Demised Premises and the common area between October 1 and May 1 of each-year of the Term of this Lease. Landlord may furnish air conditioning to the Demised Premises at its option during the term of this Lease. 4.2 Landlord will furnish electricity for lighting purposes in the Demised Premises and the common area for the operation of ordinary office equipment and ordinary office appliances in the Demised Premises, excluding however, machinery and other equipment requiring heavier than normal office use of electricity. 4.3 Landlord shall furnish, at times set by Landlord, ordinary janitor services. Janitor service shall include carpet vacuuming. dusting, cleaning, remove trash, maintaining restroom supplies, and cleaning fixtures. Janitor services shall not disrupt normal business hour activity. 4.4 At its option, Landlord may provide basic internet service to Tenant during the term of the Lease. Landlord hereby reserves the right to charge Tenant a reasonable cost for the internet service upon thirty (30) days prior written notice and to terminate such internet service in the event that Tenant refuses and/or declines to pay the same. Tenant understands that Landlord does not guarantee or warrant that any internet (including firewall, security and networking) service connections provided under this Lease will befree ofinfection or viruses, worms, Trojan horses nr other code that manifest contaminating or destructive properties. Tenant shall be responsible for implementing sufficient procedures for maintaining a means for the reconstruction of any lost data. Tenant assumes total responsibility and shall pay promptlyrisk for its use of any such internet service connections provided under this Lease which Landlord provides "AS IS" and does not makeany express or implied warranties, directly to the appropriate supplierrepresentations or endorsements whatsoever (including without limitation warranties of title or non-infringement, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises implied warranties of merchantability or used by Tenant in, on fitness for a particular purpose) with regard to such services or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities internet generally and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. Landlord does not warrant that such internet service connections shall be uninterrupted or error-free or that defects in such services will be corrected. Tenant understands that the pure nature of the internet contains unedited materials which may be offensive to Tenant and/or its employees and Tenant's access to such materials is at its own risk. In no event will Landlord be liable for: (a) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss or otherwise profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use such services, or any information, or transactions provided on such services, or downloaded from such services, or any delay of such information or services; or (b) any claim attributable to errors, omissions, or other inaccuracies in the telephone and/or internet services or information downloaded through the services. All use of the internet service connections by the Tenant shall be in full compliance with all federal, state and local laws and Tenant agrees to indemnify and hold Landlord harmless with respect to all claims and damages related to Tenant's violation of the same. 4.5 Landlord, without notice to Tenant, may cut off and discontinue gas, electricity, janitor services, or any or all ether utilities whenever any Rent or Additional Costs are not paid by Tenant when 30 days past normal due date or whenever such discontinuance is necessary by reason of accident or emergency, or for repairs, alterations, replacements, or improvements in the reasonable judgment of Landlord are desirable or necessary to be made, or of difficulty or inability in securing supplies or labor, or of strikes, or of any other cause be similar or dissimilar to those hereinabove specifically mentioned, until said cause has been removed. There shall be no diminution or abatement of Rent or other compensation due from Tenant to Landlord hereunder, nor shall this Lease be affected or any of Tenant’s obligation hereunder reduced, and Landlord shall have no responsibility or liability for any failure such interruption, curtailment, stoppage or interruption suspension of any utility services or other service furnished to the Premisessystems as in this Article 4 above provided, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. except that Landlord shall at all exercise reasonable times have free access diligence to all electrical and mechanical installations eliminate the cause of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leasesame.

Utilities and Services. Tenant shall be responsible Landlord will pay for and shall pay promptlyprovide Tenant with internet access, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heattrash pickup at dumpster, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly up to Tenant or Tenant’s electricity utility allowance amount that are used in the Premises or used by Tenant in, on or about the Premises Bedroom and/or dwelling unit during the Termterm of this Individual Lease Contract. However, together with any taxes thereon. If at any time after Tenant shall for each four-month period in which the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost total of such utilities and services and Tenant shall pay such amount charges exceed the electricity utility allowance established by Landlord pursuant to Landlordwritten notices served upon ▇▇▇▇▇▇, immediately reimburse Landlord as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay other rent Tenant's proportionate ’s pro-rata share of such costs in the manner set forth in Section 4.2excess utility charges for electricity. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇▇▇▇ agrees to ▇▇▇▇ ▇▇▇▇▇▇ after the end of each four-month period for any such amount of excess utility charges and ▇▇▇▇▇▇ agrees to pay said other rent due hereunderfor such excess utility charge, the first of the month following such billing. Landlord shall further agrees to make available utility bills and all calculations determining Tenant’s pro-rata share in Landlord’s office for a month following said billing.‌‌ For Kensington ▇▇▇▇▇▇▇, the only two utilities that Landlord will bill Tenant for is propane gas for the gas logs and electricity if Tenant exceeds the utility allowance for electricity as listed below. See the “Utilities, Gas Logs” (ILCA, Article IV, Section 1.7) for details on how Tenant pays for propane gas for gas logs. ▇▇▇▇▇▇’s share for electricity will be computed as follows: the first four- month period for billing purposes will begin at all reasonable times have free access the start of the electric company’s regular monthly billing cycle in August of each electric bills for that four-month period for the said dwelling unit and divide them by the number of bedrooms in said dwelling unit. For each period during this Individual Lease Contract, allowable charges for electricity, before the charges are considered excessive, are not to all electrical exceed the electricity utility allowance amount of $180.00 per bedroom in the dwelling unit, per four-month period. Tenant will receive no reduction, discount, abatement, or prorating of Tenant’s rent when Tenant’s utility usage is less than the electricity utility allowance for each four-month period. Tenant must pay for own phone service and mechanical installations TV service. See the section “Utilities, Cable TV & Phone Service” (ILCA, Article IV, Section 1.7). Tenant agrees to keep heat on and set at between 68 and 72 degrees and air conditioning (if available) set at between 70 and 74 degrees (this heat temperature range takes precedence over any temperature range stated in Rules & Regulations, Article II. Tenant is not allowed to install a window air conditioner without Landlord’s permission and if Tenant does so he is to pay Landlord the Landlord’s estimated cost of Landlordelectricity to operate it. Notwithstanding the foregoing, if Tenant is required as a result condition of the actions of Landlordthis Individual Lease Contract as stated in Communications and Electronic Documents” (R&R, its agentsArticle II, contractors Section 17) to provide Landlord with their working email address, cellular number, and VOIP number or employees or the inactions of landline number (if applicable), to keep them in working order and to provide Landlord if with any changes to them. Tenant expressly consents that Landlord is required may use them to act under this Lease, contact Tenant for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities transactional and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's informational purposes, as for exampleLandlord deems necessary. For additional utility requirements and information see “Utility Requirements” (R&R, bringing in portable air-conditioning equipmentArticle II, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease77).

Utilities and Services. Tenant shall be solely responsible for obtaining and shall promptly pay promptly, directly to the appropriate supplier, all charges for heat, air conditioning, water, gas, electricityelectricity or any other utility used, sewerconsumed or provided in, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished to or attributable to the Premises directly to Tenant or the Premises or used by Tenant in, on or about supplying utility companies following the Premises during the TermCommencement Date, together with any taxes thereonall deposits and hook-up and connection charges for such utilities. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay reimburse Landlord within thirty (30) days of billing for any hook-up, connection, fixture or other charges and/or tariffs that are charged to Landlord by utility companies. Landlord will notify Tenant of this charge as soon as it becomes known and such amount to Landlord, charge will be due as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which In no event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or Rent ▇▇▇▇▇ or shall Landlord be liable for any rent due hereunderinterruption or failure in the supply of any such utility services to Tenant. Tenant hereby authorizes each utility company providing utility service to the Premises to provide/release utility consumption or similar data to Landlord shall at all reasonable times have free access to all electrical and mechanical installations for the purpose of assisting Landlord in Landlord's compliance obligations with legal disclosure requirements concerning utility consumption, including, without limitation, Section 25402.10 of the Public Resources Code of California. Notwithstanding the foregoing, if the Building, or a material portion of the Building, are made untenantable and Tenant does not use the same for a period in excess of five (5) consecutive days as a result of a utility interruption that is reasonably within the actions of Landlord, its agents, contractors or employees or the inactions control of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is correct and through no HVAC service or electricity service to all or a portion fault of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation , as its sole remedy, shall be entitled to pay Basic receive an abatement of Rent payable hereunder during the period beginning on the date Tenant provided notice of the service interruption to Landlord and Operating Expenses (or an equitable ending on the day the service has been restored in the proportion that the rentable area of the portion of such Basic Rent the Building that Tenant is prevented from using, and Operating Expenses does not use, bears to the extent that less than all total rentable area of the Premises are affected) shall thereafter be abated until the Premises are again useable by TenantBuilding; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Building and the remaining portion of the Building is not sufficient to allow Tenant to effectively conduct its business therein, and if Landlord is diligently pursuing Tenant does not conduct its business from such remaining portion, then the repair of Rent for the entire Premises shall be abated entirely for such utilities time as Tenant continues to be so prevented from using, and does not use, the Premises. If a fire or services and Landlord provides substitute services reasonably suitable for other casualty results in Tenant's purposesinability to use the Premises or a portion thereof, as for examplethe terms and conditions of Article 18 below shall apply rather than this Article 16. Subject to Landlord's security requirements and Articles 18 and 19 below, bringing in portable airLandlord shall allow Tenant to have access to the Premises including the Building and the Premises' parking area twenty-conditioning equipmentfour (24) hours per day, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning seven (7) days per week throughout the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 Term of this Lease. The foregoing provisions Tenant shall be Tenant's sole recourse have the exclusive access and remedy in the event of such an interruption of services, and shall not apply in the case rights to use all of the actions surface parking associated with the Premises free of parties other than charge for the Term of this Lease, subject to Landlord, 's and its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI ’ use of the same in connection with Landlord’s entry onto the Premises for purposes permitted by this Lease.

Utilities and Services. Tenant Landlord shall be responsible provide the Premises the following services: water and electricity for the Premises seven (7) days per week, twenty-four (24) hours per day, and heating, ventilation and air conditioning from 7:00 a.m. to 8:00 p.m. Monday through Friday; 7:00 a.m. to 8:00 p.m. on Saturday; and 7:00 to 8:00 p.m. on Sunday, and Landlord shall pay promptly, directly also provide janitorial service to the appropriate supplierPremises and Building five (5) nights each week, all charges for waterexclusive of holidays. Heating, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance ventilation and all other utilities, materials and air conditioning services furnished directly will also be provided by Landlord to Tenant or the Premises or used by Tenant in, on or about the Premises during the Termadditional hours on reasonable notice to Landlord, together with any taxes thereonat Tenant’s sole cost and expense, at an hourly rate reasonably established by Landlord from time to time and payable by Tenant, as and when billed, as Additional Rent. If at any time after the Commencement Date any utilities or water and electricity services are not separately metered or assessed to Tenantthe Premises, Landlord Tenant shall make a reasonable determination of Tenant's pay its proportionate share of all charges for any utilities that are jointly metered based on the ratio which the rentable square feet of the Premises bears to the total rentable square feet served by the joint meters. Notwithstanding the foregoing, if Tenant’s use of the Premises incurs utilitycharges which are above those usual and customary for the Permitted Use, Landlord reserves the right to require Tenant to pay a reasonable additional charge for such usage. Tenant shall furnish all other utilities (including, but not limited to, telephone, Internet, and cable service if available) and other services which Tenant requires with respect to the Premises, and shall pay, at Tenant’s sole expense, the cost of such all utilities separately metered to the Premises, and of all other utilities and other services and which Tenant shall pay such amount requires with respect to Landlordthe Premises, except those to be provided by Landlord as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2described above. Landlord shall not be liable for damages any loss, injury or otherwise for damage to person or property caused by or resulting from any variation, interruption, or failure or interruption of utilities due to any utility or other service furnished to the Premisescause whatsoever, and no such failure or interruption Rent shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or not ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leasethereof.

Utilities and Services. Tenant shall timely pay when due directly to the applicable electric utility company and service provider all charges for electricity, telephone, internet and other communication services and shall have such services in its name; provided, however, to the extent that electricity is check-metered to the Premises, Tenant shall pay the actual costs incurred for electricity directly to Landlord ten (10) days after billing without Landlord mark-up. Current tel/data service providers include Verizon and Comcast. Landlord shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Premises as of the Term Commencement Date following completion of Landlord’s Work. In the event Tenant requires additional utilities or equipment, the installation and maintenance thereof shall be Tenant’s sole cost and obligation, provided that such installation shall be subject to the written consent of Landlord which shall not be unreasonably withheld, delayed or conditioned. Tenant’s normal business hours are 7 AM to 7 PM Monday through Saturday of each week. As of the Term Commencement Date, Tenant shall have access to the Building, the Premises, and the parking facilities and other common areas twenty-four (24) hours per day, seven (7) days per week, fifty-two (52) weeks a year. In the event Tenant shall require Building services other than during normal business hours which results in additional cost and expense to Landlord, Tenant shall be responsible to reimburse Landlord for such additional cost and shall pay promptlyexpense incurred by Landlord without mark-up. Subject to Section 33, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇▇ agrees that in no event shall Landlord be liable for any rent due hereunder. Landlord shall at all reasonable times have free access interruption or delay in relation to all electrical and mechanical installations utilities or equipment or in relation to Landlord’s obligations under this Lease caused by accident, making of Landlord. Notwithstanding repairs, alterations or improvements in the foregoingBuilding, if as a result of labor difficulties, trouble in obtaining fuel, electricity or services or supplies, governmental restraints or the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Tenant or those acting by, through or under Tenant, or other causes beyond Landlord’s reasonable control (but in respect of those matters for which Landlord is required to act expressly responsible under this Lease, for more than three (3) consecutive business days following written notice Landlord will use diligent good faith efforts under the circumstances to Landlord there is no HVAC service restore such services or electricity service to all or a portion of the Premises, or make such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leaserepairs).

Utilities and Services. Except for Landlord's Work (as such term is defined in EXHIBIT "C"), Tenant shall be solely responsible for obtaining and shall promptly pay promptly, directly to the appropriate supplier, all charges for heat, air conditioning, water, gas, electricityelectricity or any other utility used, sewerconsumed or provided in, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished to or attributable to the Premises directly to the supplying utility companies. Tenant shall reimburse Landlord within thirty (30) days of billing for fixture charges and/or water tariffs, if applicable, which are charged to Landlord by utility companies. Landlord will notify Tenant of this charge as soon as it becomes known. This charge will increase or decrease with current charges being levied against Landlord or the Premises by the local utility company, and will be due as additional rent. In no event shall Rent ▇▇▇▇▇ or used by shall Landlord be liable for any interruption or failure in the supply of any such utility services to Tenant. Tenant in, on or about acknowledges and agrees that Tenant shall be solely responsible for providing security for the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. that Landlord shall not be liable for damages for, and Landlord is hereby released from any responsibility for, any damage either to persons or otherwise for property sustained by Tenant or any failure or interruption Tenant Parties on account of any utility or other service furnished to acts of third parties. Tenant may, at its own expense, install its own security system ("TENANT'S SECURITY SYSTEM") in the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing Tenant shall coordinate the repair installation and operation of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning Security System with Landlord to assure that Tenant's Security System is compatible with the Building's systems and equipment and to the extent that Tenant's Security System is not compatible with the Building's systems and equipment, then there Tenant shall not be an abatement of Basic Rent entitled to install or Operating Expensesoperate it. Any disputes concerning the foregoing Tenant shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be solely responsible, at Tenant's sole recourse cost and remedy in expense, for the event monitoring, operation and removal of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the LeaseTenant's Security System.

Utilities and Services. (a) Landlord agrees to furnish or cause to be furnished to the Premises, the utilities and services described below, subject to the conditions and in accordance with the standards set forth below: . (i) Landlord shall provide automatic elevator facilities from 7 a.m. to 6 p.m., Monday through Friday, except for holidays observed by Building management ("Normal Building Hours"). At least one elevator will be available for use at all times other than Normal Building Hours (so Tenant shall have access to the Premises seven (7) days per week, twenty-four (24) hours per day, including holidays), subject to such Building security systems and procedures as may be responsible in effect from time to time. (ii) During Normal Building Hours, and during such weekend hours (presently 8:00 a.m. to 1:00 p.m. on Saturdays) as Landlord at its option elects to make such services available at no charge to the tenants of the Building, Landlord shall ventilate the Premises and furnish heat and air conditioning when in the judgment of the Landlord it is required for the comfortable occupancy of the Premises, subject to any governmental requirements or standards relating to, among other things, energy conservation. Upon request, Landlord shall make available at Tenant's expense after hours heat or air conditioning. The minimum use of after hours heat or air conditioning and the cost thereof shall be determined by Landlord and confirmed in writing to Tenant as the same may change from time to time. The current charge for after hours HVAC service is $15.00 per hour, which charge is subject to change from time to time. In addition to any and all other rights and remedies which Landlord may have for a violation or breach of this Lease, Landlord may discontinue said after hours heating and air conditioning service without any abatement of rent to Tenant whatsoever. (iii) Landlord shall furnish to the Premises at all times, subject to interruptions beyond Landlord's control, electric current as required by the building standard office light and receptacles. At all times Tenant's use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installations, or be in violation of any governmental energy use ordinance. (iv) Landlord shall furnish water for drinking, cleaning and lavatory purposes only, (v) Landlord shall provide janitorial services to the Premises, comparable to that provided in other comparable office buildings in the immediate vicinity of the Building, provided the same are used exclusively as offices, and are kept reasonably in order by Tenant. If the Premises are not used exclusively as offices, and Landlord directs, they shall be kept clean and in order by Tenant, at Tenant's expense and to the satisfaction of Landlord, and by persons approved by Landlord and no one other than persons approved by Landlord shall be permitted to enter the Premises for such purposes. Tenant shall pay promptlyto Landlord the cost of removal of any of Tenant's refuse and rubbish in excess of that usually attendant upon the use of the Premises as offices. (vi) Landlord shall replace, directly to as necessary, the appropriate supplierfluorescent tubes in the standard lighting fixtures installed by Landlord. (b) In accordance with Paragraph 3 of this Lease, as Additional Rent, Tenant shall pay its share of all charges for heat, water, light, gas, electricity, sewer, heatgarbage, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance fire protection and all any other utilities, materials utilities and/or services used or consumed on or supplied to the Building and services furnished directly not separately metered and charged to Tenant or the Premises or used any other premises in the Building. Tenant shall be solely responsible for and shall promptly pay when due all charges for telephone or any other utilities or services separately metered or charged to the Premises. Landlord may impose a reasonable charge for any utilities and services, including without limitation, air conditioning, electric current and water, required to be provided by Tenant in, on or about Landlord by reason of any substantial recurrent use of the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date other than Normal Building Hours, or any utilities use beyond what Landlord agrees to furnish as described above, or services are not separately metered special electrical, cooling and ventilating needs created in certain areas by hybrid telephone equipment, computers and other similar equipment or assessed to Tenantuses. At Landlord's option, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of separate meters for such utilities and services may be installed for the Premises, and Tenant upon demand therefor, shall immediately pay Landlord for the installation, maintenance or repair of such amount meters. (c) Tenant agrees to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, cooperate fully at all times with Landlord and to abide by all reasonable regulations and requirements which Landlord may elect prescribe for the use of the above utilities and services. Any failure to include pay any excess costs as described above shall constitute a breach of the obligation to pay rent under this Lease and shall entitle the Landlord to the rights herein granted for such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. breach. (d) Landlord shall not be liable for damages for, and Tenant shall not be entitled to, any abatement or otherwise for reduction of rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lock-outs or other labor disturbance or labor dispute of any character, governmental regulation, moratorium or other governmental action, inability by exercise of reasonable diligence to obtain electricity, water or fuel, or by any other cause beyond Landlord's reasonable control, nor shall any such failure, stoppage or interruption of any utility such service be construed either as an eviction of Tenant, or other relieve Tenant from the obligation to perform any covenant or agreement. In the event of any failure, stoppage or interruption thereof, however, Landlord shall use reasonable diligence to resume service furnished promptly. Notwithstanding any of the foregoing, in the event of a failure, stoppage or interruption in the services to the Premises which materially adversely affects Tenant's ability to use and occupy the Premises, from any cause whatsoever (including one of the events described in Paragraph 45 below), services are not restored so that Tenant can again reasonably use and no such failure occupy the Premises for the Permitted Use within one hundred eighty (180) days after the date of the failure, stoppage or interruption interruption, Tenant shall be deemed an eviction or entitle Tenant have the right to terminate this Lease by written notice given to Landlord at any time prior to the date that services to the Premises are restored so that Tenant can again reasonably use and occupy the Premises for the Permitted Use. (e) Notwithstanding anything hereinabove to the contrary, Landlord reserves the right from time to time to make reasonable and nondiscriminatory modifications to the above standards for utilities and services. (f) All telephone and telecommunications services desired by Tenant shall be ordered and utilized by Tenant at its sole cost and expense. Tenant shall separately contract with a telephone or withhold telecommunications provider (a "Provider") to provide telephone and telecommunications services to the Premises. If Tenant desires to utilize the services of a Provider whose equipment is not presently servicing the Building, such Provider must obtain the written consent of Landlord before it will be permitted to install its lines or ▇▇▇▇▇ other equipment within the Building. Landlord's consent to the installation of lines or equipment within the Building by any rent due hereunderProvider shall be evidenced by a written agreement between Landlord and the Provider, which contains terms and conditions acceptable to Landlord in its sole discretion. Landlord's refusal for any reason whatsoever to consent to any prospective Provider shall not be deemed a default or breach by Landlord of its obligations under this Lease. Landlord makes no warranty or representation to Tenant as to the suitability, capability or financial strength of any Provider whose equipment is presently serving the Building, and Landlord's consent to a Provider whose equipment is not presently serving the Building shall at all reasonable times not be deemed to constitute such a representation or warranty. To the extent the service by a Provider is interrupted, curtailed or discontinued for any reason whatsoever, Landlord shall have free access to all electrical and mechanical installations of Landlord. Notwithstanding no obligation or liability in connection therewith unless the foregoing, if as a result of interruption is caused by the actions negligence or intentional misconduct of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing it shall be resolved by JAMS arbitration pursuant the sole obligation of Tenant at its expense to Section 22.7 obtain substitute service. The provisions of this Lease. The foregoing provisions paragraph are solely for the benefit of Tenant and Landlord, are not for the benefit of any third party, specifically including without limitation, no telephone or telecommunications provider shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leasedeemed a third party beneficiary hereof.

Utilities and Services. (ii) During the Rent Term Landlord agrees to furnish to Tenant shall be responsible annually an itemized a. Tenant agrees to pay for all utility and shall pay promptly, directly statement in reasonable detail setting forth the total costs other services and materials rendered or furnished to the appropriate supplierreferred to in subparagraphs (a), all charges (b) and (c) above for each Premises, including, but not limited to, heat, water, gas, calendar year. Based on said itemized statement Landlord electricity, sewer, heat, lighttelephone, power, telephonetrash removal, refuse pickupgarbage and shall make adjustments for underpayment of said expenses, janitorial serviceother waste removal, interior landscape cleaning, maintenance and all other utilitiesjanitorial which underpayment Tenant shall pay with Tenant’s next services, materials sewer rent, sewage treatment facility charges, monthly payment of said costs, and services furnished directly to Tenant or for overpayments of said drainage fees, street cleaning fees and the Premises or used by Tenant in, on or about the Premises during the Termlike, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to costs, which overpayment shall be credited against Tenant, Landlord shall make a reasonable determination of Tenant's proportionate ’s its share of the cost all taxes and governmental charges levied on next monthly payment of said costs. such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice thereforutilities. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. ▇▇▇▇▇▇ Bedding\2012-12-3 HDI Lease b. Landlord shall not be liable to Tenant for damages Tenant shall not make any alterations to the any interruption in service of water, electricity, heating, air Premises without Landlord’s prior written consent. Any conditioning or otherwise for any failure or interruption other utilities and services caused by an alterations made shall remain on and be surrendered with unavoidable delay, by the making of any utility necessary repairs the Premises on expiration or other service furnished termination of this Lease, or improvements, or by any cause beyond Landlord’s except that Landlord can elect within twenty-five (25) days reasonable control. before expiration of this Lease, or upon termination thereof, to require Tenant to remove any alterations that Tenant has c. Tenant agrees that it will not install any made to the Premises. If Landlord so elects, Tenant, at its equipment which will exceed or overload the capacity of any expense, shall restore the Premises to the original condition, utility facilities and no that if any equipment installed by Tenant or to such failure or interruption other condition as agreed between the parities, shall require additional utility facilities, the same shall be deemed an eviction before the last day of this Lease, or entitle Tenant within thirty (30) days installed at Tenant’s expense in accordance with plans and after notice of election is given, whichever is later. specifications to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of be approved in writing by Landlord. Notwithstanding the foregoing, if as a result of Tenant shall have the actions of Landlord, right to connect its agents, contractors or employees or the inactions of Landlord if Landlord is required equipment to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.wastewater and

Utilities and Services. 8.01 Landlord agrees to furnish to the Premises during Building Business Hours (specified in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water for use in the base Building lavatories; (b) customary heat and air conditioning (“HVAC”) required in Landlord’s reasonable judgment for the use and occupation of the Premises during Building Business Hours, although Tenant shall be responsible have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord’s then standard charge for additional HVAC service and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, interior landscape maintenance if applicable; and all (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other utilities, materials and services furnished directly to Tenant as Landlord reasonably determines are necessary or appropriate for the Premises Property. Electricity and/or any other services or utilities used by Tenant in, on or about in the Premises during shall, at Landlord’s option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the Termapplicable utility company and payable directly by Tenant. Without the consent of Landlord, together with any taxes thereonTenant’s use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenantit is determined that Tenant is using excess electricity, Landlord Tenant shall make a reasonable determination of Tenant's proportionate share of pay Landlord, as Additional Rent, the cost of such utilities excess electrical usage and services for the cost of purchasing and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, installing the measuring device(s). 8.02 Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall will not be liable for damages or otherwise for deemed in default, nor will there be any failure or interruption abatement of rent, breach of any utility covenant of quiet enjoyment, partial or other service furnished to the Premises, and no such failure or interruption shall be deemed an constructive eviction or entitle Tenant right to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3a) consecutive business days following written notice any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord there is reserves the right, in its sole discretion, to designate, at any time, the utility and service providers for Tenant’s use within the Property; no HVAC such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service or electricity service connections to all the “Building’s Point of Demarcation” available for Tenant’s use. If the Premises, or a material portion of the Premises, are made untenantable for a period in excess of 10 consecutive business days as a result of any failure to furnish, or such any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an interruption event of other essential utilities and building servicesForce Majeure (collectively, such as fire protection or water, so a “Service Failure”) that all or a portion is reasonably within the control of the Premises cannot be used by TenantLandlord to correct, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for exampleits sole remedy, bringing in portable air-conditioning equipment, then there shall not be entitled to receive an abatement of Basic Base Rent or and Tenant’s Proportionate Share of Operating ExpensesExpenses payable hereunder during the period beginning on the 11th consecutive business day of the Service Failure and ending on the day the service has been restored. Any disputes concerning If the foregoing entire Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leaseequitably prorated.

Utilities and Services. During any period of the Term that Tenant shall be is no longer the Sole Occupant and that Landlord becomes responsible for and the day-to-day maintenance of the Project, Landlord shall pay promptlyprovide as Operating Expenses, directly subject to the appropriate supplierterms of this Section 7.2, all charges for water, gas, electricity, sewer, heat, light, power, telephoneHVAC, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse pickupand trash collection and janitorial services for the Common Areas (collectively, janitorial service“Utilities”). In such event, interior landscape maintenance Landlord may either require Tenant to continue procuring all such Utilities for its own account (and arrange for, at Tenant’s expense, all other utilitiesmetering necessary to ensure all such Utilities are separately metered to the Premises), materials or Landlord may procure such Utilities for the Premises and services charge the costs thereof to Tenant as Operating Expenses (provided Landlord may later elect, in Landlord’s sole discretion, to require such Utilities to be separately metered and obtained directly by Tenant). Except as provided for in the preceding two (2) sentences, Tenant shall be responsible for the provision of Utilities to the Project. For so long as Tenant is the Sole Occupant, Tenant shall contract directly with utility providers for all Utilities required by Tenant for the Premises following the Delivery Date and continuing during the Term. Landlord shall cooperate with Tenant, at no cost to Landlord, in making such arrangement with the Utility providers. If billed directly to Tenant, Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermTerm and shall pay for all maintenance charges for Utilities, together with and any taxes storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to To the extent that less than all of the Premises any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are affected) paid for by Landlord, Tenant shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if reimburse Landlord is diligently pursuing the repair of for such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, costs as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing Additionally, Tenant shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions responsible for obtaining and paying for its own janitorial services for the Premises which in no event shall be Tenant's sole recourse less than five (5) days per week and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leasewith specifications comparable to Comparable Buildings.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of ▇▇▇▇ Tenant for Tenant's ’s proportionate share of the cost of such utilities and services services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen ten (1510) days after receipt of Landlord's ’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's ’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefor, a reasonable charge (which shall be in addition to the electricity charge paid to the utility provider) for Tenant’s “after hours” usage of each HVAC unit servicing the Premises. “After hours” shall mean usage of said unit(s) before or after the hours of 7:00 A.M. to 8:00 P.M. on Mondays through Fridays, and for more than four (4) hours at any time during any weekend period (that is, from midnight on Friday through midnight on Sunday), subject to reasonable adjustment of said hours by Landlord. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage or nonusage of other unit(s) serving the Premises, or of the applicable unit during other periods of the Term). Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Notwithstanding Tenant acknowledges that the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of costs incurred by Landlord if Landlord is required related to act under this Lease, for more than three (3) consecutive business days following written notice providing above-standard utilities to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then including, without limitation, telephone lines, may be charged to Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. a. Landlord shall furnish the Premises with electricity, heating and air conditioning for the normal use and occupancy of the Premises as general offices between twenty four hours per day, every day during the Term. Tenant agrees to pay as Additional Rent all charges for electricity, light, heat or other utility used by' Tenant at the Premises. If a separate meter is installed, Tenant shall pay for the consumption of such utilities based upon its metered usage. If no meter is installed, Tenant shall pay its Proportionate Share of any utility charges covering the Demised Premises and the remainder of the Building. Tenant shall pay all bills for separately metered utility usage within ten (10) days after receipt thereof, and any non-payment or late payment of such utility bills shall be deemed a default under the terms of this Lease. All charges for installation and repairs of any meters servicing the Premises shall be payable by Tenant as Additional Rent and shall be paid when the same shall become due. If Tenant shall require electricity or install electrical equipment using current in excess of 110 volts or which will in any way increase the amount of electricity furnished by Landlord for general office use (including but not limited to electrical heating or refrigeration equipment or electronic data processing machines) or if Tenant shall attempt to use the Premises in such a manner that the services to be furnished by Landlord are required during periods other than the business hours specified above, Tenant will obtain prior written approval from Landlord and will pay, as Additional Rent, for the resulting additional direct expense to Landlord, including the expense resulting from the installation of any equipment and meters, promptly upon receipt of an invoice from Landlord. b. Within the common areas of the Building on a twenty four hour basis, every day during the Term, Landlord shall furnish reasonably: (i) adequate electricity, (ii) hot and cold water, (iii) lavatory supplies, (iv) automatically operated elevator service, (v) normal and customary cleaning services (on a five-day a week basis) (Building Holidays excepted) after business hours, (vi) heat and air conditioning in season, (vii) landscaping, (viii) on Business Days, parking lot maintenance, (ix) common area maintenance and (x) on Business Days snow removal. Tenant shall be responsible for and its Proportionate Share of such services in accordance with Section 6(b) hereof. Landlord shall pay promptly, directly provide janitorial service to the appropriate supplierPremises, all charges for waterfive days per week, gas(Building Holidays excepted) after regular business hours, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly the costs of such service will be passed through to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. 6. c. Landlord shall not be liable for any damages to Tenant resulting from the quality, quantity, failure, unavailability or otherwise for any failure or interruption disruption of any utility services beyond the reasonable control of Landlord and the same shall not constitute a termination of this Lease or other service furnished to the Premises, and no such failure an actual or interruption shall be deemed an constructive eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunderan abatement of rent. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under not be responsible for providing any services not specifically provided for in this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's ’s proportionate share of the cost of such utilities and services services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen ten (1510) days after receipt of Landlord's ’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's ’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, and before 9:00 A.M. or after 1:00 P.M. on Saturdays, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, “after hours” shall mean more than sixty-six (66) hours of usage during any week during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage or nonusage of other unit(s) serving the Premises, or of the applicable unit during other periods of the Term). As used herein, “standard charges” shall mean the following charges for each hour of “after hours” use (in addition to the applicable electricity charges paid to the utility provider) of the following described HVAC units: (i) $5.00 per hour for 1-5 ton HVAC units, (ii) $7.50 per hour for 6-30 ton HVAC units and (iii) $10.00 per hour for HVAC units of greater than 30 tons. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇a▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Notwithstanding Tenant acknowledges that the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of costs incurred by Landlord if Landlord is required related to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential providing above-standard utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by services to Tenant, then including, without limitation, telephone lines, may be charged to Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly SECTION 6.1 Landlord will arrange to have furnished to the appropriate supplierBuilding and/or Demised Premises, all charges as applicable, the following services, utilities, supplies and facilities: (a) Passenger elevator service, if applicable, operated automatically or manually, provided that Landlord may remove elevators from service temporarily for purposes of moving freight and/or repair and maintenance. (b) Heat, hot and cold water, gasyear round ventilation, electricityand air conditioning and heat during the seasons when they are required, seweras determined in Landlord's reasonable judgment. Heating, heatventilation and air conditioning ("HVAC") will be provided during Building Hours only. Landlord will furnish HVAC beyond the Building Hours, lightprovided that notice requesting such service is delivered to Landlord before noon on the business day when such service is required for that evening, powerand by noon of the preceding business day when such service is required on a Saturday, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant Sunday or the Premises or used holiday. Landlord's charge for supplying such additional service will be paid by Tenant in(for each HVAC zone of the Demised Premises, if applicable) at the HVAC Overtime Rate, which will be subject to change by Landlord from time to time on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed thirty (30) days prior written notice to Tenant, . Landlord shall make will bill ▇▇▇ant for HVAC overtime charges and will submit with its invoice a reasonable determination of Tenant's proportionate share tabulation of the cost of such utilities hours and services and the dates in which the overtime HVAC was furnished. Tenant shall pay such amount to Landlord, will reimburse Landlord therefore (as an item of additional rent, ) within fifteen (15) days after receipt of Landlord's statement invoice. (c) Reasonably adequate electrical service, provided that Tenant's use of electrical energy in the Demised Premises will not at any time exceed the Rated Capacity of Electrical Service applicable to the conductors and other electrical equipment in or invoice thereforservicing the Demised Premises. AlternativelyIn order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electrical service, Tenant will not, without Landlord's prior written consent in each instance, (i) connect any additional fixtures, appliances or equipment to the electric distribution system other than (a) the lighting in accordance with the Tenant Plans approved by Landlord and (b) electric typewriters, word processors, personal computers, calculators, copy machines, state of the art office equipment and other small office machines, or (ii) make any alteration or addition to the electric system. Should Landlord grant such consent, all additional risers or other equipment required therefore will be provided by Landlord and the charges therefore will be paid by Tenant upon Landlord's demand. As a condition of granting such consent, Landlord may elect require Tenant to include such cost pay an increase in the definition Base Rent in an amount which will reflect the value to Tenant of Project Costs the additional service to be furnished by Landlord, i.e., the potential additional electrical energy to be made available to Tenant based upon the estimated additional capacity of such additional risers or other equipment. When the amount of such increase is determined, the parties will execute a lease amendment to reflect the increase in the amount of Base Rent which event Tenant shall pay will be effective from the date such additional service is made available to Tenant. (d) Removal of ice and snow from the walks, drives and parking facilities during Building Hours within a reasonable time after accumulation thereof. (e) Maintenance of the Common Facilities and cleaning and janitorial service for the Demised Premises after 6:00 p.m. Monday through Friday (excluding holidays), as provided in Exhibit E. If at any time Tenant's proportionate share use of any utility service (if any utility is not directly metered or paid by Tenant to the utility authorized providing such service) or if Tenant's use of any available Building service exceeds Tenant's Pro Rata Share of the Building Operating Expenses, Landlord reserves the right to bill ▇▇▇ant separately for the cost of such costs in service or usage. Such usage will be calculated at Landlord's option by the manner set forth in Section 4.2. use of checkmeters, survey or specific invoicing by outside vendors. SECTION 6.2 Tenant expressly agrees that Landlord shall will not be responsible for the failure of supply to Tenant of any of the aforesaid or any other utility or service, nor will Landlord be liable for any damages resulting from, nor there be any abatement of rent or otherwise for any failure or interruption additional rent as a result of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlordfailure. Notwithstanding the foregoing, if such failure of supply results from Landlord's negligence and the Demised Premises thereby becomes untenantable for fifteen (15) consecutive days after notice from Tenant specifying the basis of Tenant's claim, then from and after the expiration of said fifteen (15) day period and until such failure is cured, Tenant's Base Rent will be abated in such proportion as a result the usable square footage of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Demised Premises which becomes untenantable bears to the total usable square footage of the Demised Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if that: (a) Tenant, upon serving upon Landlord is diligently pursuing the repair any notice pursuant to this Section 6.2, will also serve a copy of such utilities notice upon the Mortgagee, and no notice by Tenant to Landlord hereunder will be deemed to have been duly given unless and until a copy thereof has been so served; and (b) Mortgagee will have the right to cure such failure, or services cause same to be cured, and Tenant will accept such cure by or at the instance of Mortgagee as if the same had been made by the Landlord. SECTION 6.3 Landlord provides substitute services reasonably suitable for Tenant's purposesand Tenant will comply with any applicable energy or water conservation measures, as for examplevoluntary or mandatory, bringing in portable air-conditioning equipmentwhich may be imposed by any federal, then there shall state, county or municipal governmental agency, including, without limitation, limits on permitted HVAC temperature settings, requirements limiting volume of consumption or curtailment of Building Hours. The effect of such compliance will not be deemed an abatement of Basic Rent eviction, actual or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agentsconstructive, or in case a breach of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI this Lease which will be suspended, as necessary, for the period(s) during which such conservation measures are in effect. SECTION 6.4 Landlord represents that there is telephone service available in the Building, but Tenant is responsible for bringing such service to the Demised Premises and for any in-premises setup of telephone service. Tenant will arrange for and pay for its telephone service directly to the Leasetelephone company.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial telecommunications service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises, and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) 10 business days after receipt delivery of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 business days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall not be liable for damages mean usage of said unit(s) before 6:00 A.M. or otherwise for any failure after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or interruption after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of any utility or other service furnished to said hours by Landlord. If the HVAC unit(s) serve only the Premises, and no such failure or interruption “after hours” shall mean more than 66 hours of usage during any week during the Term. “After hours” usage shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding determined based upon the foregoing, if as a result operation of the actions applicable HVAC unit during each of Landlordthe foregoing periods on a “non-cumulative” basis (that is, its agents, contractors without regard to Tenant’s usage or employees or the inactions nonusage of Landlord if Landlord is required to act under this Lease, for more than three (3other unit(s) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of serving the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be applicable unit during other periods of the Term). As used by Tenantherein, then Tenant's obligation to pay Basic Rent and Operating Expenses “standard charges” shall mean $25.25 per hour for each hour of “after hours” use (or an equitable portion inclusive of such Basic Rent and Operating Expenses the applicable electricity charges paid to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leaseutility provider).

Utilities and Services. Tenant Tenant, during the term of this Lease, shall be responsible not pay for and shall pay promptlyits own gas, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heatrefuse disposal, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and utility services furnished directly to Tenant or the Premises or used by it on the Premises. These utilities together with the condominium fees for the building shall constitute the building utilities. In no event will such utilities include the cost of any capital improvement. Tenant in, on or about the Premises will during the Termterm of the lease pay for its own telephone usage. Landlord shall in no event be liable for any interruption or failure of utility services on the Premises. Tenant shall pay its proportionate share of utilities for the Building calculated by multiplying the total building utilities expense by Tenant’s Operating Expense Percentage. During any period when Tenant is the sole occupant of the building, together with Tenant shall pay 80% of total building utilities. During any taxes thereonperiod when Tenant is not the sole tenant but the building is not fully leased, Tenant’s share of total building utilities shall be equal to total building utility expense multiplied by .8 (80%) which figure shall be multiplied by the ratio of Tenant’s square footage (Demised Premise’s square footage) to the total occupied square footage. If In no event shall Tenants portion of total building utilities calculated as provided in the previous sentence be less that Tenant’s Operating Expense Percentage. In the event that Tenant elects in the future to separately meter its power usage it may do so at any time after Tenant’s expense and shall set up an account and be billed directly by the Commencement Date any utilities or services are not separately metered or assessed utility provider. In the event Tenant is unable to Tenantbe billed directly by the utility provider, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunderTenant for such electrical usage based on the meter readings and at the rate that is the same as charged to Landlord by the utility provider. Landlord In the event that Tenant’s power usage is directly metered, Tenant shall at all reasonable times have free access to all electrical and mechanical installations only be responsible in addition for its proportionate share of Landlord. Notwithstanding electricity for the foregoing, if as a result common areas of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the LeaseBuilding.

Utilities and Services. Landlord shall provide, subject to the terms of this Section 11, water, sewer, steam, heat, ventilation, air conditioning, passenger and service elevator, electricity, gas, refuse and trash collection, and recycling (collectively, “Utilities”). Tenant shall be responsible for its own janitorial services within the Premises, and the same shall not be included in Utilities. Landlord agrees to use commercially reasonable efforts to have at least one passenger elevator available for use at all times, except in the event of an emergency. Provided that Tenant is in occupancy of the entire non-retail space in the ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ agrees to designate the service elevator in the 60 Binney Building for use by only the tenants of the 60 Binney Building (in common with Landlord) with appropriate signage to be provided by Landlord at Tenant’s expense (the design and content of which signage shall be mutually acceptable to Landlord and Tenant) at the loading dock level entrance to the service elevator indicating that such service elevator serves only the tenants of the 60 Binney Building and not other tenants of the Building. Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used in the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon, which charges shall be charged at Landlord’s cost without markup. Utility meters (including submeters) shall be installed in accordance with the requirements of the Work Letter. Landlord shall read and maintain the meters as part of its services hereunder, the cost of which shall be included in Operating Expenses. Tenant shall pay promptly, directly to the appropriate supplierUtility provider, all charges for waterprior to delinquency, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials any separately metered Utilities and services which may be furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term. Tenant shall pay, together with as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any taxes thereon. If at any time after the Commencement Date any utilities cause whatsoever, shall result in eviction or services are not separately metered or assessed to constructive eviction of Tenant, Landlord shall make a reasonable determination termination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlordthis Lease or, except as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner expressly set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to below, the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating ExpensesRent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant Tenant agrees to Section 22.7 limit use of this Lease. The foregoing provisions shall be Tenant's sole recourse water and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leasesewer with respect to Common Areas to normal restroom use.

Utilities and Services. As of the Commencement Date, Tenant shall cause all of the Utility Expenses (hereinafter defined) for the Premises to be placed in Tenant’s name with the invoices sent directly to Tenant at the Premises. Tenant shall be responsible for and the payment of all Utility Expenses. Tenant shall pay promptly, directly to the appropriate supplierutility company or similar entity the cost of all water, all charges for watersewer use, sewer discharge fees and sewer connection fees, gas, electricity, sewer, heat, light, power, telephoneelectricity, refuse pickup, janitorial service, interior landscape maintenance telephone, telecommunications and other utilities (collectively, the “Utility Expenses”) billed or metered separately to the Premises and/or Tenant during the Term of the Lease. Tenant shall also pay any and all other utilitiesassessments or charges for utility or similar purposes included within any tax b▇▇▇ for the Lot on which the Building is situated, materials including without limitation, entitlement fees, allocation unit fees and/or any similar fees or charges. At least quarterly and services furnished directly at such shorter intervals of time upon Landlord’s request, Tenant shall promptly deliver to Landlord written evidence of Tenant’s payment of the Utility Expenses. Tenant or acknowledges that the Premises may become subject to the rationing of utility services or used restrictions on utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant inacknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing restrictions as may be imposed upon Landlord, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such failure rationing or interruption shall be deemed an eviction restrictions. Tenant further agrees to timely and faithfully pay, prior to delinquency, any amount, tax, charge, surcharge, assessment or entitle Tenant to terminate this Lease imposition levied, assessed or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of imposed upon the Premises, or such an interruption of other essential utilities Tenant’s use and building servicesoccupancy thereof by a public utility company, such as fire protection governmental agency, taxing authority or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leasesimilar entity having jurisdiction thereof.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen ten (1510) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefor, a reasonable charge (which shall be in addition to the electricity charge paid to the utility provider) for Tenant’s “after hours” usage of each HVAC unit servicing the Premises. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before or after the hours of 6:00 A.M. to 6:00 P.M. on Mondays through Fridays, and for more than four (4) hours at any time during any weekend period (that is, from midnight on Friday through midnight on Sunday), subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, “after hours” shall mean more than two hundred eighty-three (283) hours of usage during any month during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage or nonusage of other unit(s) serving the Premises, or of the applicable unit during other periods of the Term). Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ abate any rent due hereunder. Landlord shall at all reasonable times have free access to the B▇▇▇▇▇ng and, upon at least 24 hours prior written or oral notice (except in emergencies when no notice shall be required), to the Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Notwithstanding Tenant acknowledges that the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of costs incurred by Landlord if Landlord is required related to act under this Lease, for more than three (3) consecutive business days following written notice providing above-standard utilities to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then including, without limitation, telephone lines, may be charged to Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Landlord agrees to furnish, or cause to be furnished, to the Premises the utilities and services described in EXHIBIT F attached hereto, subject to the conditions and in accordance with the standards set forth therein and in this Section 29. Except as provided EXHIBIT F and in this Section 29, Tenant shall be responsible arrange for all utilities and services which it shall require in connection with its use or occupancy of the Premises and shall pay promptly, directly to for the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Termsame, together with any taxes thereontaxes, penalties, surcharges or the like pertaining thereto. Without limitation, but subject to Landlord's performance of Landlord's Work, Tenant shall have sole re▇▇▇▇▇▇▇▇lity for arranging for the provision of electricity and gas to the Premises from the applicable utility company, and Landlord shall have no responsibility to provide the same. As part of the Tenant Improvements, separate meters shall be installed in the Premises, or elsewhere in the Building as Landlord shall elect, to measure the electricity and gas, respectively, consumed in the Premises and by the HVAC equipment serving the Premises, and Tenant shall pay the costs of such electricity and gas directly to the utility providers. If at any time after during the Commencement Date Term such direct arrangements shall not be permitted by Legal Requirements or if. Landlord shall otherwise require, Tenant, at its expense (or, at Landlord election, Landlord, at Tenant's expense) shall install a submeter to 30. measure such electrical consumption and Tenant shall pay the costs of such electrical consumption to Landlord. In any case, the costs of such meter or submeter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid for by Tenant (except to the extent Landlord's Contribution pursuant to EXHIBIT B is utilized for the same). In the case of all water and other utilities or services which are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to a reasonable proportion, as reasonably determined by Landlord, as an item of additional rent, within fifteen (15) days after receipt all charges of Landlord's statement or invoice thereforproviding the same to the Premises and other premises. Alternatively, Landlord may elect estimate all charges payable by Tenant to include Landlord pursuant to this Section 29 and require Tenant to pay the same in monthly installments based on such cost estimates in the definition of Project Costs in which event Tenant same manner as provided pursuant to Section 5.c. with respect to Operating Expenses. Such charges and payments shall pay Tenant's proportionate share of such costs also be subject to annual reconciliation in the same manner set forth in as provided pursuant to Section 4.25.c. with respect to Operating Expenses. Landlord shall not be liable for any damages directly or otherwise for indirectly resulting from, nor shall the Base Rent, Operating Expenses or any failure other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason of, nor shall any constructive eviction of Tenant shall result from, (a) the installation, use or interruption of use of any utility equipment used in connection with the furnishing of any of the foregoing utilities and services, (b) failure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or (c) the limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service furnished to or utility whatsoever serving the PremisesPremises or the Real Property. In the event of any failure, and no such failure stoppage or interruption shall be deemed an eviction in any utilities or entitle Tenant services which Landlord is obligated to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. provide pursuant to EXHIBIT F, Landlord shall at all reasonable times have free access use its diligent efforts to all electrical and mechanical installations of Landlord. Notwithstanding cause the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair provision of such utilities or services and to be resumed. Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant entitled to Section 22.7 cooperate voluntarily and in a reasonable manner with the efforts of this Leasenational, state or local government agencies or utility suppliers in reducing energy or other resource consumption. The foregoing provisions Landlord's obligation to make utilities and services available hereunder shall be Tenant's sole recourse and remedy in subject to the event limitations of any such an interruption of servicesvoluntary, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leasereasonable program.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's ’s proportionate share of the cost of such utilities and services services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen ten (1510) days after receipt of Landlord's ’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's ’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefor, a reasonable charge (which shall be in addition to the electricity charge paid to the utility provider) for Tenant’s “after hours” usage of each HVAC unit servicing the Premises (other than the HVAC units installed as part of the Tenant Improvements or otherwise installed by Tenant). “After hours” shall mean more than two hundred eighty-three (283) hours of usage of each HVAC unit servicing the Premises (other than the HVAC units installed as part of the Tenant Improvements or otherwise installed by Tenant) during any month during the Term, and shall be determined based upon the operation of the applicable HVAC unit during each month on a “non-cumulative” basis (without regard to Tenant’s usage or nonusage of said unit during other months during the Term). Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant, including, without limitation, telephone lines, may be charged to Tenant. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its agentsemployees, contractors or employees or the inactions of Landlord if Landlord is required to act under this Leaseauthorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay ’s Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's ’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this LeaseRent. The foregoing provisions shall be Tenant's ’s sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises, Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly (a) From 7:00 a.m. to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, 6:00 p.m. on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenantweekdays (“Normal Business Hours” (excluding legal holidays)), Landlord shall make furnish to the Premises electricity for lighting and operation of low-power usage office machines, water, heat and air conditioning, and elevator service. During all other hours, Landlord shall furnish such service except for heat and air conditioning. Landlord shall provide janitorial services for the Premises each day on weekdays (excluding legal holidays) in a reasonable determination manner determined reasonably necessary by Landlord for a Class A building standard. Tenant shall separately arrange with, and pay directly to, the applicable local public authorities or utilities, as the case may be, for the furnishing, installation and maintenance of Tenant's proportionate share all telephone services and equipment as may be required by Tenant in the use of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. If at any time during the Term Landlord shall determine that installation of a separate electrical meter for equipment or systems located within the Premises is necessary or desirable as a result of Tenant’s excessive electrical usage, then Tenant shall pay the cost of installing and maintaining such meter and the cost of Tenant’s electrical usage as measured by such meter. Tenant acknowledges that certain equipment installed in the server room located on the ground floor portion of Premises is separately metered and that Tenant shall pay the cost of Tenant’s electrical usage as measured by such meter; provided, however that nothing contained herein shall be interpreted to prohibit or limit Tenant’s ability to make use of the non-separately metered circuits for the operation of low-power usage office machines consistent with general office usage. (b) If requested by Tenant, Landlord shall furnish heat and air conditioning at times other than Normal Business Hours (“After Hours HVAC”) and Landlord’s standard hourly charge for services shall be paid by Tenant as Additional Rent, within thirty (30) days following invoice. As of the Lease Date, Landlord’s standard hourly charge for After Hours HVAC is Twenty-Five Dollars ($25.00) per one-half (1/2) floor. Landlord’s standard charge for After Hours HVAC shall be based on Landlord’s actual direct utility costs, plus Landlord’s other direct costs, including a reasonable depreciation factor or replacement reserve for the system on account of said additional hours of operation so as to reimburse Landlord for the actual cost to Landlord to supply the service plus a reasonable reserve for depreciation or replacement of the HVAC equipment, but without a profit to Landlord. (c) Without limiting the terms of Paragraph 5(a) above, Tenant acknowledges that Landlord has contracted with Pacific Gas & Electric Company to provide electricity for the Building, and that Landlord reserves the right to change the provider of such service at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electrical service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electrical service for or with respect to the Premises or Tenant’s operations therein from any provider of electrical service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other similar arrangement with the Electric Service Provider for the provision of electrical service to Tenant at the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, without limitation, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (A) to install, repair, replace, improve and remove and any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (B) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, without limitation, loss of business or any consequential damages, arising from any failure or interruption inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any utility change, failure, interference, disruption, or other defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease. (d) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with reasonable energy conservation and carbon reduction programs implemented by Landlord by reason of rationing, restrictions or Laws. (e) Unless caused by the gross negligence or willful misconduct of Landlord, Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or entitle relieve Tenant from any of its obligations hereunder. Unless caused by the sole gross negligence or willful misconduct of Landlord, in no event shall Landlord be liable to terminate this Lease Tenant for any damage to the Premises or withhold for any loss, damage or ▇▇▇▇▇ injury to any rent due hereunderproperty therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project. (f) Landlord makes no representation with respect to the adequacy or fitness of the air-conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises by more than one person per 200 rentable square feet. Landlord shall at all reasonable times have free access no liability for loss or damage in connection therewith. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, equipment or lighting other than Building-standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to all electrical the terms of this Paragraph 5. Landlord shall have the right to condition any such consent on the installation of supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and mechanical installations the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. Tenant shall not use water or heat or air conditioning in excess of that normally supplied by Landlord. Tenant’s consumption of electricity shall not exceed the Building’s capacity considering all other tenants of the Building. (g) Notwithstanding anything herein to the foregoingcontrary, if the Premises is made untenantable as a result of an interruption in electrical service as provided by Landlord pursuant to Paragraph 5(a) above, then (i) Landlord shall use commercially reasonable good faith efforts to restore the actions of same as soon as is reasonably possible, (ii) if, despite such commercially reasonable good faith efforts by Landlord, its agents, contractors or employees or the inactions such interruption persists for a period in excess of Landlord if Landlord is required to act under this Lease, for more than three five (35) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenantdays, then Tenant's obligation , as its sole remedy, shall be entitled to pay Basic receive an abatement of Base Rent and Operating Expenses payable hereunder during the period beginning on the sixth (or an equitable portion 6th) consecutive business day of such Basic Rent interruption and Operating Expenses to ending on the extent that less than all of day the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenantutility or service has been restored; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event such interruption is not due to Landlord’s gross negligence or willful misconduct, then such abatement shall only apply to the extent Landlord collects or is entitled to collect proceeds under the policy of such an interruption rental-loss insurance the cost of services, which has been included in Operating Expenses and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, proceeds from which are allocable to the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant Resident shall be responsible for direct payment for the cost of utilities and shall pay promptly, directly services to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost providers of such utilities and services and Tenant for those identified as “Paid by Resident” as follows: Electricity: Resident acknowledges that electricity service is separately metered to the Apartment. The charges for such services shall pay be billed monthly (or at such amount to other time as Landlord, in its sole discretion, shall elect) and shall be payable as an item Additional Rent. Resident shall be billed and shall be responsible for its pro-rata share of additional rent, within fifteen (15) days after receipt the charges for such services based on the number of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost occupied beds in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2Apartment. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in In the event of any malfunction of the meter for such an interruption service, the charge for the Apartment shall be based upon the usage for other Apartments in the Community. Water and Sewer Service: Resident acknowledges that water and sewer service are separately metered to the Apartment. The charges for such services shall be billed monthly (or at such other time as Landlord, in its sole discretion, shall elect) and shall be payable as Additional Rent. Resident shall be billed and shall be responsible for its pro-rata share of the charges for such services based on the number of Residents in the Apartment. In the event of any malfunction of the meter for such service, the charge for the Apartment shall be based upon the usage for other Apartments in the Community. Cable TV and/or Internet Service: although this service is provided by the Landlord it is in no way acceptable to withhold rent payment or demand reimbursement of rent paid if the Cable TV and/or Internet Service become unusable due to weather, hardware conflicts, product updates, routine service or any other reason leaving the Resident without ability to access the service. Landlord may discontinue or alter any service level or aspect of the service at any time, without notice, without liability and in Landlords sole discretion. Landlord may establish general practices and limits concerning use of services, and shall not apply Landlord reserves the right to change these general practices and limits at any time, in the case of the actions of parties other than Landlordits sole discretions, its employees, contractors with or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leasewithout notice.

Utilities and Services. Tenant shall be responsible for obtain in its own name and shall pay promptly, directly to the appropriate supplier, supplier the cost of all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials utilities and services furnished directly to Tenant serving the Leased Premises. However, if any services or the Premises or used by Tenant in, on or about the Premises during the Term, together utilities are jointly metered with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenantother property, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall pay such amount share to Landlord, as an item of additional rent, Landlord within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2written statement. Landlord shall not be liable for in damages or otherwise for any failure or interruption of any utility or other Building service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent sums due hereunder. In the event of utility "deregulation", Landlord shall at all reasonable times have free access choose the service provider. Landlord shall provide water and sewer services to all electrical and mechanical installations of Landlordthe Leased Premises. Notwithstanding anything in this Lease to the foregoingcontrary, if as (i) the restoration of service is entirely within Landlord's control, (ii) Landlord negligently fails to restore such service within a result reasonable time, and (iii) the Leased Premises are untenantable (meaning that Tenant is unable to use such space in the normal course of its business for the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act use permitted under this Lease, ) for more than five (5) consecutive business days, then Tenant shall notify Landlord (and Landlord's lender, if any) in writing that Tenant intends to abate rent. If service has not been restored within three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion o▇ ▇▇▇dlord's receipt of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant's notice, then Tenant's obligation to pay Basic Minimum Annual Rent and Operating Expenses Additional Rent shall abate on a per diem basis for each day after such five (or an equitable portion of such Basic Rent and Operating Expenses to 5) day perio▇ ▇▇▇ing which the extent that less than all of the Leased Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an remain untenantable. Such abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of servicesfor Landlord's failure to restore service as set forth above, and Tenant shall not apply in the case of the actions of parties other than Landlord, its employees, contractors be entitled to damages (consequential or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leaseotherwise) as a result thereof.

Utilities and Services. (a) Landlord shall furnish, or cause to be furnished to the Premises, the services described in Exhibit C attached hereto, subject to the conditions and in accordance with the standards set forth therein and in this Lease. Commencing on the delivery of the Premises to Tenant and continuing throughout the Lease Term, Tenant shall provide in the Premises by contracting directly with utility providers, at its expense (with payments to be made by Tenant directly to Tenant’s electricity provider), electricity, which electrical consumption shall be separately metered by Landlord. Additionally, Tenant shall be solely and separately responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, cost of gas, electricitywater, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance cable television and all any other utilities, materials and services furnished directly to Tenant or the Premises or used utilities consumed by Tenant inin the Premises, on or about which usage shall be separately metered. (b) Tenant agrees to cooperate fully at all times with Landlord and to comply with all reasonable regulations and requirements which Landlord may from time to time prescribe for the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share use of the cost of such utilities and services described herein and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Exhibit C. Landlord shall not be liable to Tenant for damages the failure of any other tenant, or otherwise its assignees, subtenants, employees, or their respective invitees, licensees, agents or other representatives to comply with such regulations and requirements. (c) If Tenant requires services in quantities greater than or at times other than that generally furnished by Landlord pursuant to Exhibit C, Tenant shall pay to Landlord, upon receipt of a written statement and supporting documentation and/or billing, the cost of such excess consumption. Landlord’s charge for such use. In the event that Tenant shall require additional electric current, water or gas for use in the Premises and if, in Landlord’s judgment, such excess requirements cannot be furnished unless additional risers, conduits, feeders, switchboards and/or appurtenances are installed in the Building, subject to the conditions stated below, Landlord may proceed to install the same at the sole cost of Tenant, payable within thirty (30) days following billing by Landlord. The installation of such facilities shall be conditioned upon Landlord’s consent, and a determination that the installation and use thereof (i) shall be permitted by applicable Law and insurance regulations, (ii) shall not cause permanent damage or injury to the Building or adversely affect the value of the Building or the Project, and (iii) shall not cause or create a dangerous or hazardous condition or interfere with or disturb other tenants in the Building. Subject to the foregoing, Landlord shall, upon reasonable prior notice by Tenant, furnish to the Premises additional elevator, heating, air conditioning and/or cleaning services upon such reasonable terms and conditions as shall be determined by Landlord, including payment of Landlord’s charge therefor. In the case of any additional utilities or services to be provided hereunder, Landlord may require additional switch and metering systems to be installed so as to measure the amount of such additional utilities or services. The cost of installation, maintenance and repair thereof shall be paid by Tenant within thirty (30) days following billing by Landlord. (d) Subject to the remaining terms of this Paragraph 7(d), Landlord shall not be liable for, and Tenant shall not be entitled to, any damages, abatement or reduction of Rent, or other liability by reason of any failure to furnish any services or utilities described herein or in Exhibit C for any failure reason (other than Landlord’s gross negligence or willful misconduct), including, without limitation, when caused by accident, breakage, water leakage, flooding, repairs, Alterations or other improvements to the Project, strikes, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability to obtain electricity, water or fuel, or any other cause beyond Landlord’s control. Tenant shall be required to cooperate with the energy conservation efforts of governmental agencies or utility suppliers or those implemented by Landlord. No such failure, stoppage or interruption of any such utility or service shall be construed as an eviction of Tenant, nor shall the same relieve Tenant from any obligation to perform any covenant or agreement under this Lease. In the event of any failure, stoppage or interruption thereof, Landlord shall use reasonable efforts to attempt to restore all services promptly. No representation is made by Landlord with respect to the adequacy or fitness of the Building’s ventilating, air conditioning or other systems to maintain temperatures as may be required for the operation of any computer, data processing or other special equipment of Tenant. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to an interruption, failure or inability to provide any services. Notwithstanding anything in this Paragraph 7 to the contrary, if an interruption or cessation of a utility service furnished to the Premises is caused by Landlord’s negligence or willful misconduct and results in the Premises being unusable by Tenant for the conduct of Tenant’s business, then Basic Annual Rent shall be abated commencing on that date which is five (5) consecutive business days following the date Tenant delivers written notice to Landlord of such interruption and continuing until either such utility service to the Premises is restored or the Premises is again usable for the conduct of Tenant’s business. If, however, Tenant reoccupies any portion of the Premises during such abatement period, the Basic Annual Rent allocable to such reoccupied portion, based on the proportion that the Rentable Area of such reoccupied portion of the Premises bears to the total Rentable Area of the Premises, and no such failure or interruption shall be deemed an eviction or entitle payable by Tenant from the date Tenant reoccupies such portion of the Premises. Such right to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Annual Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's ’s sole recourse and exclusive remedy at law or in equity in the event of such an interruption or cessation of a utility service to the Premises. (e) Landlord reserves the right from time to time to make reasonable and nondiscriminatory modifications to the above standards (including, without limitation, those described in Exhibit C) for utilities and services. (f) Tenant shall not use the Premises in any manner that will cause the Building or any part thereof not to conform with Landlord’s operations and maintenance practices for the Building, whether incorporated into the Rules and Regulations, separate written sustainability policies or otherwise implemented by Landlord, as they may be revised from time to time, addressing energy efficiency; water efficiency; recycling, composting, and shall not apply waste management; indoor air quality; chemical use; and other best practices adopted by Landlord in connection with the case certification of the actions of parties other than Building issued pursuant to the applicable Green Building Standard, as hereinafter defined (the “Landlord’s Sustainability Practices”). All Alterations, its employees, contractors additions or authorized agents, or in case of damage to, or destruction of, improvements to the Premises, which to the extent permitted in this Lease, shall be governed in accordance with Rules and Regulations in effect with respect thereto and the requirements of Landlord’s Sustainability Practices, including the applicable Green Building Standard concerning the environmental compliance of the Building, as the same may change from time to time, and with plans and specifications meeting the requirements set forth in the Rules and Regulations and approved in advance by Landlord. Tenant acknowledges that the Building is or may be in the future be certified or rated pursuant to the U.S. EPA’s Energy Star ® Portfolio Manager, the Green Building Initiative’s Green Globes™ building rating system, the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED®) building rating system, the ASHRAE Building Energy Quotient (BEQ), or operated to meet another standard for high performance buildings adopted by Landlord (collectively, the “Green Building Standard”). In addition, as contemplated by Nonresidential Building Energy Use Disclosure Program (AB 1103) Landlord may collect and maintain records regarding energy and utilities usage at the Project. As and when requested by Landlord during the Term, to the extent reasonably available to Tenant, Tenant shall provide Landlord (in the format requested by Landlord and reasonably necessary or desirable to comply with the requirements of the applicable Green Building Standard or any commissioning or retro-commissioning of the Building’s systems or the Nonresidential Building Energy Use Disclosure Program) with data concerning Tenant’s energy consumption, water consumption, and the operation of the Building’s systems. Such data may include, without limitation, Tenant’s operating hours, the number of on-site personnel, the types of equipment used at the Building (including computer equipment, if applicable), office supply purchases, light bulb purchases, cleaning product materials (both chemicals and paper products), as applicable, and energy use and cost. Landlord may post such information to its account with the EPA’s ENERGY STAR® program Portfolio Manager and disclose such information to the California Energy Commission, lenders, its constituents, consultants and advisors and prospective purchasers, investors and lenders. Landlord shall have no liability to Tenant if, once obtained, any such Green Building Standard rating or certification lapses and is not reinstated by Landlord. In addition, Landlord shall not be required to treat the information collected by Landlord pursuant to this paragraph as confidential and shall have no liability to Tenant on account of the disclosure of such information. Tenant shall continually during the Term maintain the Premises in accordance with all present and future laws, Landlord’s Sustainability Practices and the standards recommended by the provisions Board of Article XI Fire Underwriters applicable to any work, installation, occupancy, use or manner of use by Tenant of the LeasePremises or any part thereof, and shall, at Tenant’s expense, obtain all permits, licenses and the like required by applicable law.

Utilities and Services. During the hours of 7:00 a.m. to 7:00 p.m. from Monday through Friday and 7:00 a.m. to Noon on Saturday, (a) Landlord shall provide for the Premises water for ordinary office uses, and (b) Landlord shall operate the master heating and air-conditioning system of the Building that supplies heated or chilled water, as appropriate, to the individual heating and air-conditioning unit within the Premises. Landlord shall arrange for the removal of trash placed by Tenant in containers designated by Landlord. Landlord shall be responsible for furnish janitorial services within the Premises on the following schedule: spot vacuuming, emptying waste baskets and cleaning ashtrays, daily; vacuuming carpets and floors and dusting furniture, weekly; and washing windows, semi-annually. Such janitorial services shall include only ordinary dusting and cleaning and shall pay promptlynot include (i) shampooing of carpets or rugs, directly to the appropriate supplier(ii) cleaning of draperies or furniture, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15iii) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2unusual cleaning services. Landlord shall not be liable for damages failure to furnish any utilities or otherwise for services to the Premises when such failure results from causes beyond Landlord's reasonable control. If Landlord discontinues or fails to provide any failure of the utilities or interruption of any utility or other service services furnished by Landlord to the Premises, and no such failure or interruption discontinuance shall neither be deemed an eviction actual or entitle constructive eviction, nor release Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act obligations under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then including without limitation Tenant's obligation obligations to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by TenantRental; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for discontinuance results in Tenant's purposesinability to occupy and use the Premises for its intended use, as and (A) such interruption continues for example, bringing in portable air-conditioning equipmenta period of thirty (30) days, then there Tenant shall not be entitled to an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 rent during such period of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and (B) such interruption continues for a period of sic (6) months, then Tenant shall not apply in be entitled to terminate this Lease upon thirty (30) days written notice to Landlord. Except for Landlord's obligations as set forth above, Tenant shall make all arrangements for and pay the case cost of all utilities and services (including without limitation their connection charges) separately metered to the actions of parties other than LandlordPremise or used by Tenant, its employees, contractors or authorized agents, or in case of damage to, or destruction of, including without limitation electricity (including without limitation electricity to operate the heating and air-conditioning unit within the Premises), which shall be governed by the provisions of Article XI of the Leaseand telephone services.

Utilities and Services. a) Landlord shall furnish the Premises with electricity, heating and air conditioning (as specified in the Work Letter attached as Exhibit C) --------- for the normal use and occupancy of the Premises as general offices to provide interior conditions of 74 degrees dry bulb when the outside conditions are 95 degrees dry bulb for summer and 70 degrees dry bulb when the outside conditions are 8 degrees dry bulb for winter, twenty-four (24) hours per day, three hundred sixty five (365) days a year during the Term. The Building air conditioning system will provide fresh air in a quantity not less than .20 cubic feet per minute per square foot of floor area. Commencing on the Occupancy Date and continuing throughout the Term, Tenant agrees to pay as Additional Rent all charges for electricity, light, or other utility used by Tenant at the Premises based upon its metered usage. Tenant shall pay its Proportionate Share of any utility charges covering the Demised Premises and the common areas of the Building which are not separately metered. Tenant shall pay all bills for separately metered utility usage by the due date thereof. Any non-payment of such utility bills shall be deemed a default under the terms of this Lease. All charges for installation of any necessary meters shall be paid for by the Landlord. All charges for installation and repairs of any meters servicing the Premises shall be payable by Landlord. If Tenant shall require electricity or install electrical equipment using current in excess of 110 volts or which will in any way increase the amount of electricity furnished by Landlord for general office use (including but not limited to electrical heating or refrigeration equipment or electronic data processing machines), Tenant will obtain prior written approval from Landlord and will pay, as Additional Rent, for the resulting additional direct expense to Landlord. Landlord's obligations under this Section 9(a) shall be undertaken and prosecuted in a manner consistent with other class A suburban office buildings in the greater Philadelphia metropolitan area. b) Within the common areas of the Building and consistent with sound management practices of class A suburban office buildings in the greater Philadelphia metropolitan area, Landlord shall furnish twenty-four (24) hours per day, three hundred sixty five (365) days a year during the Term, reasonably: (i) adequate electricity, (ii) hot and cold water, (iii) lavatory supplies, (iv) automatically operated elevator service, (v) normal and customary cleaning services (on a five-day a week basis, except on Building Holidays) after business hours, (vi) heat and air conditioning in season, (vii) landscaping, (viii) parking lot maintenance, (ix) common area maintenance, (x) snow removal and (xi) replacement of light bulbs. Tenant shall be responsible for and its Proportionate Share of such services in accordance with Section 6(b) hereof. Landlord shall pay promptly, directly provide janitorial service to the appropriate supplierPremises, all charges for waterfive days per week except on Building Holidays, gasafter regular business hours, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly the costs of such service will be passed through to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.26. Notwithstanding the foregoing, upon thirty (30) days prior written notice to Landlord, Tenant may undertake the janitorial service for the Premises, and, so long as Tenant is the only tenant in the Building, Tenant shall be permitted to undertake other services otherwise designated to be the responsibility of the Landlord, upon thirty (30) days prior written notice. In the event Tenant elects to undertake any such service, Tenant's Proportionate Share of Annual Operating Costs and the Base Year Costs shall be adjusted accordingly. Landlord shall be permitted, upon written notice to Tenant, to perform these services should Landlord be determined in its reasonable discretion that such services are not being adequately performed. c) Landlord shall not be liable for any damages to Tenant resulting from the quality, quantity, failure, unavailability or otherwise for any failure or interruption disruption of any utility services unless (i) directly caused by the negligence of Landlord, its representatives or other service furnished agents or (ii) directly caused by the failure to satisfy the Premisesdesign or construction standards established in this Lease or the Work Letter and, and no subject to such failure qualification, the same shall not constitute a termination of this Lease or interruption shall be deemed an actual or constructive eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunderan abatement of rent. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlordnot be responsible for providing any services not specifically provided for in this Lease. Notwithstanding the foregoing, if as a result of in the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if event that Landlord is required unable or fails to act under provide the services described or referenced in this Lease, Section 9 and such failure (a "Basic Service Failure") continues for more than a period in excess of three (3) consecutive business days following days, Tenant shall receive a full abatement of Rent, retroactive back to the first day of such failure, due under this Lease until such Basic Service is restored. d) Tenant shall pay its Proportionate Share of the cost of capital improvements which Landlord shall install or construct after Tenant's written notice approval for energy saving devices. Tenant's pro rata share shall be determined based upon the estimated life of the capital investment item, determined by Landlord in accordance with generally accepted accounting principles, and shall include a cost of capital funds adjustment equal to Landlord there is no HVAC service or electricity service ten percent (10%) per year on the unamortized portion of all such costs. Tenant shall only have to all or a pay its Proportionate Share of the portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion useful life of the Premises cannot capital improvement which falls within the Term. Tenant shall thus make payments in equal annual installments for such capital improvements until the Term expires or until the cost of the improvement has been fully paid for, whichever first occurs; such payments shall be used computed by Tenant, then Landlord at the time of installation of the capital improvement in the same manner as Landlord makes computations of Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all share of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration annual operating costs pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease6(b)(ii).

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, a. Landlord shall make a reasonable determination of Tenant's proportionate share of furnish the cost of such following utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises: electric current (for lighting and operation of normal desk-type office machines); hot and cold water; lavatory supplies; heat and air-conditioning service (“HVAC Services”) during the appropriate seasons of the year as reasonably required; elevator service; and trash removal, cleaning and janitorial service. HVAC Services shall be provided to the Premises only during Normal Business Hours (hereinafter defined). As used herein, the term "Normal Business Hours" means Monday through Friday 8:00 a.m. to 6:00 p.m., and no such failure or interruption Saturday 9:00 a.m. to 1:00 p.m., excluding Holidays. As used herein, the term "Holidays" shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or mean New Year's Day, ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇'▇ Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, Christmas Day and any rent due hereunderother federal holidays which Landlord may elect to recognize from time to time. Landlord At times other than the Normal Business Hours and days aforesaid, HVAC Services shall be provided to Tenant upon at all reasonable times have free access to all electrical least twenty-four (24) hours prior notice from Tenant, and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result upon payment by Tenant of the actions of Landlord, its agents, contractors or employees or the inactions of hourly charge established by Landlord if Landlord is required from time to act under this Lease, time for more than three each hour (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion thereof) of after-hours usage. All Building standard light bulbs and tubes in the Premises shall be replaced by Landlord and the cost thereof shall be included in Operating Expenses. In addition, Landlord may impose a reasonable additional charge for any additional or unusual services required to be provided by Landlord to Tenant because of the carelessness of Tenant, the nature of Tenant's business or the removal of any refuse and rubbish from the Premises except for discarded material placed in wastepaper baskets and left for emptying as an incident to Tenant's normal cleaning of the Premises. In the event that Landlord must temporarily suspend or curtail services because of accident and repair, Landlord shall have no liability to Tenant for such suspension or curtailment or due to any restrictions on use arising therefrom or relating thereto, and Landlord shall proceed diligently to restore such service. No interruption or malfunction of any such services shall constitute an actual or constructive eviction or disturbance of Tenant's use and possession of the Premises, the Building or such an interruption the parking garage or parking areas in or around the Building or constitute a breach by Landlord of other essential utilities and building services, such as fire protection any of its obligations hereunder or water, so that all render Landlord liable for damages or a portion entitle Tenant to be relieved from any of the Premises cannot be used by Tenant, then Tenant's obligations hereunder (including the obligation to pay Basic Rent and Operating Expenses (rent) or an equitable portion grant Tenant any right of such Basic Rent and Operating Expenses to the extent that less than all setoff or claim against Landlord or constitute a constructive or other eviction of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in In the event of any such an interruption of interruption, Landlord shall use reasonable diligence to restore such services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant Subtenant’s consumption of utilities shall be responsible for subject to all terms and conditions of the Master Lease, including, without limitation, Article 6 of the Master Lease, which is incorporated herein by this reference. Subtenant and Sublandlord hereby agree that Subtenant shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share Subtenant’s Share of the cost of such utilities and services and Tenant in accordance with Section 4.3 above; provided that if Subtenant’s use of or Alterations to the Subleased Premises causes material increases to the cost of utilities, Subtenant shall pay such amount additional costs. Sublandlord shall provide pest control, janitorial and char service for the Shared Space to Landlord, the extent required by the Master Lease and Subtenant shall pay Subtenant’s Share for such services as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost Additional Rent in the definition amount set forth on Schedule A. All utilities which are separately metered for the Subleased Premises shall be at Subtenant’s sole cost and expense and shall be paid directly to such utility provider. Any services not furnished through systems or facilities provided or maintained by Master Landlord under the Master Lease shall be the responsibility of Project Costs in which event Tenant Subtenant to obtain, at Subtenant’s sole cost and expense, subject to the terms and conditions of the Master Lease; provided that Sublandlord shall pay Tenant's proportionate share maintain the HVAC, hot water boilers, steam boiler system for the Shared Space, to the extent the same are the responsibility of the tenant under the Master Lease, and Subtenant shall reimburse Sublandlord for Subtenant’s Share of such costs and expenses as Additional Rent in the manner amount set forth on Schedule A. In addition, if Subtenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Subtenant’s equipment or extended hours of business operations, then Subtenant shall first procure Sublandlord’s and, to the extent required under the Master Lease, Master Landlord’s consent for the use thereof, which consent Sublandlord and, to the extent permitted under the Master Lease, Master Landlord may condition upon the availability of such excess utilities or services, and Subtenant shall pay as Sublease Additional Rent an amount equal to the cost of providing such excess utilities and services. Sublandlord shall provide management, cleaning and restocking of the reception area, café, breakroom, and restrooms in the Shared Space and Subtenant shall reimburse Sublandlord there for as Additional Rent the amount set forth in Section 4.2. Landlord Schedule A. Unless expressly set forth in this Sublease, Sublandlord shall not be liable responsible for damages or otherwise for any failure or interruption the maintenance and repair obligations of any utility or other service furnished the tenant under 6.2.1 of the Master Lease with respect to the Subleased Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant 16.1. Landlord shall be responsible reasonably determine the average monthly cost incurred by Landlord for all water (including the cost to service, repair and shall pay promptlyreplace reverse osmosis, directly to the appropriate supplier, all charges for de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications and all other utilitiesutilities (collectively, materials and services furnished directly “Utilities”) supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermBuilding, together with any fees, surcharges and taxes thereon, for the [six] month period prior to the Term Commencement Date (the “Baseline Utility Costs”). So long as Tenant is the sole tenant in the Building, Tenant shall pay as Additional Rent all costs of Utilities that exceed the Baseline Utility Costs. If at Landlord leases any time after space in the Commencement Date Building to any utilities or services other tenant, then if any such Utilities are not separately metered or assessed to Tenant, Tenant shall pay Tenant’s pro rata share of all charges of such Utilities jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such Utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. During any period in which Tenant is not the sole tenant in the Building, to the extent that Tenant uses more than Tenant’s pro rata share of any Utilities, and such excess use is reasonably determined by Landlord and substantiated by Landlord in writing to Tenant, then Tenant shall pay Landlord for Tenant’s pro rata share of such Utilities to reflect such excess. During any period in which Tenant is not the sole tenant in the Building, in the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate Utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such Utility usage would have been had the Building or Project, as applicable, been fully occupied during such calendar year; provided, however, that Landlord shall make a reasonable determination of Tenant's proportionate share not recover more than one hundred percent (100%) of the cost of such utilities and services Utilities. Tenant shall not be liable for the cost of Utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant shall pay such amount to Landlord, uses the Premises for any purpose other than placement of personal property as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.24.3, then Tenant shall be responsible for the excess cost of Utilities supplied to the Premises above the Baseline Utility Costs from such earlier date of possession. 16.2. Landlord shall not be liable for damages for, nor shall any eviction of Tenant result from, any of the following events or otherwise for occurrences that are beyond the reasonable control of Landlord: the failure to furnish any Utility or service, whether or not such failure is caused by accident; breakage; repair; strike, lockout or interruption other labor disturbance or labor dispute of any utility character; act of terrorism; shortage of materials, which shortage is not unique to Landlord or Tenant, as the case may be; governmental regulation, moratorium or other service governmental action, inaction or delay; or other causes beyond Landlord’s control (collectively, “Force Majeure”) or, to the extent permitted by Applicable Laws, events or occurrences for which Landlord’s negligence is not the primary cause (and if Landlord’s negligence is the primary cause, then Landlord’s liability shall be limited to a proportionate share in relation to the degree of Landlord’s causation (“Landlord’s Causal Share”). In the event of such failure, Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 16.3. Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term, beyond those utilities provided by Landlord, including telephone, internet service, cable television and other telecommunications, together with any fees, surcharges and taxes thereon. Upon Landlord’s demand, utilities and services provided to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utilities or services. Tenant shall have the right to hire and pay for its own janitorial services for the Premises. 16.4. Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water required or consumed in the Premises based upon Tenant’s Pro Rata Share of the Building or Project (as applicable) beyond the existing capacity of the Building or the Project usually furnished or supplied for the Permitted Use or (b) exceed Tenant’s Pro Rata Share of the Building’s or Project’s (as applicable) capacity to provide such utilities or services. 16.5. If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building or the Project by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and no Tenant shall pay as Additional Rent an amount equal to the cost of providing such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunderexcess utilities and services. 16.6. Landlord shall at all reasonable times have free access to all electrical provide water in Common Areas for lavatory and mechanical installations of Landlord. Notwithstanding landscaping purposes only, which water shall be from the foregoing, if as a result of the actions of Landlord, its agents, contractors local municipal or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenantsimilar source; provided, however, that if Landlord determines that Tenant requires, uses or consumes water provided to the Common Areas for any purpose other than ordinary lavatory purposes, Landlord may install a water meter (“Tenant Water Meter”) and thereby measure Tenant’s water consumption for all purposes. Tenant shall pay Landlord for the costs of any Tenant Water Meter and the installation and maintenance thereof during the Term. If Landlord installs a Tenant Water Meter, Tenant shall pay for water consumed, as shown on such meter, as and when bills are rendered. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred or payments made by Landlord for any of the reasons or purposes stated in this Section shall be deemed to be Additional Rent payable by Tenant and collectible by Landlord as such. 16.7. Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and utility systems when such stoppage is diligently pursuing reasonably necessary due to accident, emergency or the repair of need to make repairs, alterations or improvements, until such utilities repairs, alterations or services improvements shall have been completed, and Landlord provides substitute services reasonably suitable shall further have no responsibility or liability for Tenant's purposesfailure to supply elevator facilities, as for exampleplumbing, bringing in portable air-ventilation, air conditioning equipmentor utility service when prevented from doing so by Force Majeure, conditions not primarily caused by Landlord’s negligence (and if Landlord’s negligence is the primary cause, then there Landlord’s liability shall not exceed Landlord’s Causal Share), or a failure by a third party to deliver gas, oil or another suitable fuel supply, provided such failure to delivery gas, oil or another suitable fuel supply is not reasonably within Landlord’s control. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be an abatement deemed breached if Landlord is unable to furnish or perform the same by virtue of Basic Rent Force Majeure or events or conditions of which Landlord’s negligence was not the primary cause. Notwithstanding the foregoing, Landlord shall use commercially reasonable efforts to advise Tenant in advance of any expected stoppage of service to the Premises and to cooperate with Tenant in making arrangements to avoid damage to Tenant’s operations resulting therefrom. 16.8. As of the Execution Date, (a) there is a back-up generator adjacent to the north side of the Building (the “Generator”) and (b) the Generator is connected to the Premises’ emergency electrical panel. So long as Tenant is the sole tenant in the Building, Tenant shall maintain and repair the Generator, and Tenant shall be entitled to use all of the power from the Generator. If Landlord leases space in the Building to any other tenant, then Tenant shall be entitled to use up to its proportionate share of power from the Generator on a non-exclusive basis with other tenants in the Building, in which case Landlord shall maintain and repair the Generator, and the cost of maintaining, repairing and replacing the Generator shall constitute Operating Expenses. Any disputes concerning During any period when Landlord leases space in the foregoing Building to any other tenant, Landlord shall notify Tenant in writing if Landlord learns that the Generator is not fully operational or is in need of repairs, or if the Generator will be resolved by JAMS arbitration pursuant out of service at any time during the Term. Landlord expressly disclaims any warranties with regard to Section 22.7 the Generator or the installation thereof, including any warranty of merchantability or fitness for a particular purpose. During any period when Landlord leases space in the Building to any other tenant, Landlord shall maintain the Generator in good working condition, but shall not be liable for any failure to make any repairs or perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need for such repairs or maintenance. In the event of any failure, no eviction of Tenant shall result, and Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance maintenance, interior and exterior pest control, interior and exterior window washing, security services, exterior plumbing (back flows testing), and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Tenant shall provide whatever janitorial and security services it deems appropriate for the Premises and Landlord shall have no responsibility for and shall not provide janitorial services to the Premises unless requested to do so by Tenant. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's ’s proportionate share of the cost Actual Cost (as hereinafter defined) of such utilities and services services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen thirty (1530) days after receipt of Landlord's ’s statement or invoice therefor. For purposes of this Lease, the term “Actual Cost” shall mean an amount equal to actual incremental cost to Landlord to provide the applicable service or utility to Tenant without markup for profit. Alternatively, Landlord may elect to include such cost in the definition of Project Site Costs in which event Tenant shall pay Tenant's ’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within twenty (20) days after receipt of Landlord’s annual statement or invoice therefor, an hourly charge of Five Cents ($.05) per ton (which shall be in addition to the electricity charge paid to the utility provider) for Tenant’s “after hours” usage of each HVAC unit servicing the Premises. “After hours” shall mean more than three hundred (300) hours per ton of compressor usage of each HVAC unit servicing the Premises during any month during the Term, and shall be determined based upon the average monthly operation of the applicable HVAC unit over each successive twelve (12) month period commencing as of the Commencement Date of the Lease (or the applicable portion of that annual period with respect to the final partial Lease year). Such monthly usage shall be determined by Landlord based upon readings from HVAC meters installed by Landlord. In turn, the average monthly usage levels of each class (by tonnage) of HVAC unit serving the Premises shall be aggregated and averaged so that excess use by Tenant of a particular unit will be offset by a lower usage level of another unit of the same class over the applicable billing cycle. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇a▇▇▇▇ any rent due hereunderhereunder except as otherwise provided in this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord; provided, however, that if such electrical and/or mechanical installations are located in the Premises, Landlord shall provide Tenant with reasonable prior notice of this intent to access same and shall follow Tenant’s reasonable instructions as to the time and manner such work is to be performed so as to minimize disruption to Tenant’s business operations. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three five (35) consecutive business days following written notice to Landlord (the “Eligibility Period”), (a) there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, (b) there is any repair, maintenance or alteration performed by Landlord, and/or (c) there is any failure by Landlord to provide Tenant with access to the Premises or the parking areas, so that Tenant is prevented from using and does not use all or a portion of the Premises canPremises, then provided such interruption of services is not be used by attributable to the fault or neglect of Tenant, then its agents, employees, contractors or subtenants or the failure by Tenant to fulfill its responsibilities hereunder, Tenant's obligation to pay ’s rent (inclusive of Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affectedExpenses) shall thereafter be abated in the same proportion that the Floor Area of the Premises rendered unusable from time to time bears to the total Floor Area of the Premises until the Premises are again useable usable by Tenant. However, in the event that Tenant is prevented from conducting, and does not conduct, its business in any portion of the Premises for a period of time in excess of the Eligibility Period, and the remaining portion of the Building is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the rent for the entire Building shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Building during such period, the rent allocable to such reoccupied portion, based on the proportion that if Landlord is diligently pursuing the repair rentable area of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposesreoccupied portion of the Building bears to the total rentable area of the Building, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved payable by JAMS arbitration pursuant to Section 22.7 of this LeaseTenant from the date such business operations commence. The foregoing provisions shall be Tenant's ’s sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by arbitration pursuant to Section 22.7 of this Lease.

Utilities and Services. Tenant Section 4.1 Throughout the term of this lease TENANT shall contract with and pay directly to the utility company servicing the Building for the electricity and gas used in and about the Demised Premises as determined by the utility meters which shall be installed at LANDLORD's expense. TENANT shall post with the utility company any deposits associated with said meters. Notwithstanding the above, however, LANDLORD shall sub-meter the electrical consumption for the balance of the space in the building (approximately 5,000 square feet). Upon LANDLORD or other tenant occupying such space, LANDLORD shall reimburse TENANT the sum of $1,000.00 per month for same. At the end of each lease year period, said amount shall be adjusted based on the average cost per kilowatt as determined on the bills the TENANT receives for electrical consumption times the actual consumption used on the sub-meter. If the amount is greater or less than $12,000.00 per year, LANDLORD shall either pay to TENANT or receive a reimbursement from TENANT within thirty (30) days after such adjustment is determined. LANDLORD shall be responsible to TENANT for all consumption registered on said sub-meter for such periods as the balance of the space remains unoccupied. Section 4.2 Throughout the term of this lease, TENANT shall contract with the local water company for all water used or consumed in conjunction with this building. Section 4.3 The LANDLORD covenants to provide and pay for cleaning services by LANDLORD's cleaner as per the Cleaning Specification attached hereto and made a part hereof as Exhibit "D". Section 4.4 TENANT shall pay promptlyuse the loading areas designated by LANDLORD for moving and deliveries, directly and to otherwise abide by the reasonable Rules established by LANDLORD as respect deliveries to or moving into or out of the Demised Premises. Section 4.5 LANDLORD covenants and agrees to exercise all reasonable commercial efforts not to interfere with the conduct of TENANT's business in the Demised Premises and to exercise due diligence in repairing, replacing or restoring any interruption in service or utilities caused by the LANDLORD, its agents, employees contractors. If any utility to the appropriate supplierDemised Premises should become unavailable due to the acts or omissions of LANDLORD, its agents, employees or contractors for a period in excess of twenty- four (24) consecutive hours and TENANT, in its reasonable business judgment, elects to close the Demised Premises as a result thereof, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord Rental shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations from the commencement of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion said unavailability of such Basic Rent and Operating Expenses utility services until such time as said utility service is restored to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Demised Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Landlord and Tenant shall be responsible for to furnish those utilities and shall pay promptly, directly services to the appropriate supplierPremises to the extent provided in Exhibit C, all charges for watersubject to the conditions and payment obligations and standards set forth in this Lease. Landlord’s failure to furnish, gasor any interruption, electricitydiminishment or termination of, sewerservices due to the application of laws, heatthe failure of any equipment, lightthe performance of repairs, powerimprovements or alterations, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant utility interruptions or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are occurrence of an event of force majeure (defined in Section 20.8) shall not separately metered or assessed render Landlord liable to Tenant, Landlord shall make constitute a reasonable determination constructive eviction of Tenant's proportionate share , give rise to an abatement of Rent, nor relieve Tenant from the cost of such utilities and services and Tenant shall pay such amount obligation to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement fulfill any covenant or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlordagreement. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its agentsemployees, contractors or employees or the inactions of Landlord if Landlord is required to act under this Leaseauthorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot reasonably be used by TenantTenant for normal business purposes, then Tenant's obligation to pay ’s Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's ’s purposes, as for example, bringing in portable air-air conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this LeaseRent. The foregoing provisions shall be Tenant's ’s sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises, Premises (which shall be governed by the provisions of Article XI 11 of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Section II of the Work Letter attached to this Lease.

Utilities and Services. Tenant Buildings and Site. (a) Landlord shall be responsible for and shall pay promptlyprovide site exterior lighting. (b) Landlord, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed no expense to Tenant, Landlord shall make maintain the parking area adjacent to the Buildings including associated landscaped and parking areas and the access ways thereto, in a reasonable determination clean and orderly condition, and shall replace any broken plate glass windows or doors in the Buildings, unless such breakage is caused by Tenant’s or its agents’, employees’, customers’ or invitees’ improper acts or misuse of Tenant's proportionate share of the Premises, in which case Tenant will pay the cost of repair of any such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2damage. Landlord shall not be liable liable, however, for damages either the failure, or otherwise for delay, to furnish any failure of the services or interruption utilities specified in this Paragraph 8, or the curtailment of any utility such services or other service furnished to the Premisesutilities, and no when such failure or interruption curtailment is caused by conditions beyond the reasonable control of Landlord or by accidents, strikes, repairs or improvements to Premises, or to the Buildings, nor shall any such failure constitute a constructive eviction of Tenant, entitle Tenant to the abatement of rent, relieve Tenant from observing and performing any of the provisions of this Lease, or any other claims against Landlord. Landlord is not responsible for any maintenance of the Greenhouse. Notwithstanding the foregoing or anything to the contrary contained in this Lease (but subject to the last sentence of this subsection (b)), Tenant shall cease to occupy, and shall not in fact use, any Premises located in a Building because such Premises have become unsuitable for Tenant’s use as a consequence of a cessation of utilities or services not caused by Tenant or any of its agents, employees or contractors for a period exceeding five (5) consecutive days, or the presence of any Hazardous Materials not introduced to the Office Project by Tenant or any of Tenant’s employees, agents, contractors or invitees that shall have a material and adverse effect on Tenant’s ability to occupy its Premises in the relevant Building, then Tenant shall be deemed entitled to an eviction abatement of all rent payable hereunder for so long as Tenant does not in fact use the relevant Premises because the Premises have become unsuitable for Tenant’s use, and Monthly Base Rent shall be abated based on the proportion that the Premises so affected bears to the total Premises leased hereby. If such interference cannot be corrected or entitle the damage resulting therefrom repaired so that the entire Premises will be reasonably suitable for Tenant’s use within one hundred twenty (120) days after the occurrence of such event and Tenant does not in fact use the entire Premises for the conduct of its business during the entirety of such period, then Tenant also shall be entitled, at the end of such one hundred twenty (120) day period for a period of ten (10) business days hereafter to terminate this Lease or withhold or ▇▇▇▇▇ (and receive a full refund and return of its deposits and any rent due hereunder. Landlord shall at all reasonable times have free access prepaid rent) by delivery of written notice of termination to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors unless the interfering event is abated prior to the date Tenant gives notice. Any casualty or employees or the inactions of Landlord if Landlord is required damage to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved governed by JAMS arbitration pursuant Paragraph 20 hereof. (c) [Intentionally Deleted]. (d) Subject to Section 22.7 applicable laws, Landlord will provide reasonable amounts of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in water for the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, uses contemplated at the Premises, which shall be governed by separately metered. (e) Tenant shall pay its own janitorial, gas and electricity costs for the provisions of Article XI Premises, and Landlord shall bear no responsibility to supply such utilities or services, other than water as noted in subsection (d), above. All such utilities shall be separately metered to one or more portions of the LeasePremises. Tenant shall cause the Premises to be cleaned with sufficient frequency to preserve the neat, clean appearance of the Premises. (f) Landlord shall provide Tenant with keys to the Premises, and otherwise provide Tenant with access to the Premises twenty four (24) hours per day, seven (7) days per week, subject to any temporary closure as reasonably required for Landlord to carry out its repair obligations hereunder, the effect of casualty, and disaster, riot, public disturbance or other cause prevalent in the area of the Premises that shall result in closure of similar buildings located in the area of the Premises.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's Tenants proportionate share of the cost of such utilities and services services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen ten (1510) days after receipt of Landlord's ’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Site Costs in which event Tenant shall pay Tenant's ’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefor, a reasonable charge (which shall be in addition to the electricity charge paid to the utility provider) for Tenant’s “ after hours” usage of each W A C unit servicing the Premises. “After hours” shall mean more than two hundred eighty-three (283) hours of usage of each HVAC unit servicing the Premises during any month during the Term, and “after hours” usage shall be determined based upon the operation of the applicable HVAC unit during each month on a “non-cumulative” basis (without regard to Tenant’s usage or nonusage of said unit during other months during the Term). Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Notwithstanding Tenant acknowledges that the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of costs incurred by Landlord if Landlord is required related to act under this Lease, for more than three (3) consecutive business days following written notice providing above-standard utilities to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then including, without limitation, telephone lines, may be charged to Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. (a) Tenant shall be responsible for and shall pay promptlypromptly pay, directly to as the appropriate suppliersame become due, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickupoil, janitorial sewer service, interior landscape maintenance waste pick-up and all any other utilities, materials and or services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermLease Term (collectively, together with any taxes thereon"Utilities"), including, without limitation, (i) meter, use and/or connection fees, hook-up fees, or standby fee (except to the extent such costs were included in the determination of the Turnkey Amount), and (ii) penalties for discontinued or interrupted service. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of at Tenant's proportionate share sole cost and expense, shall arrange for janitorial services for the Premises. Tenant shall separately arrange with, and pay directly to, the applicable local public authorities or utilities, as the case may be, for the furnishing, installation and maintenance of all Utilities as may be required by Tenant in the use of the cost of such utilities and services and Premises. Tenant shall pay such amount have the right to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in select the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in providers for all utilities servicing the manner set forth in Section 4.2Premises. Landlord shall not be liable for any damages resulting from interruption of, or otherwise Tenant's inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. (b) Tenant shall have the right, at Tenant's expense (subject to the Tenant's right to receive the Tenant Allowance to cover such expense), to increase the electrical capacity within the Building at any time and from time to time, subject to compliance with all governmental regulations and in accordance with the rules and practices of the Board of Fire Underwriters. (c) Subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall have the right to install one or more emergency diesel-powered generators ("Emergency Generator(s)") in an area adjacent to or in the Building or within the Common Area. The location of the Emergency Generator(s) shall be reasonably acceptable to both parties. Tenant shall be responsible for all costs and expense associated with the Emergency Generator(s), including, but not limited to, design, permits, installation and any damage to the Building and Common Areas caused by the removal of the Emergency Generator(s) at the expiration of the Term, which removal shall be performed by Tenant on or before the Expiration Date. (d) Without limiting the terms of Paragraph 5(a) above, Tenant acknowledges that it shall contract directly with the local electrical supplier to provide electricity for the Building, and that Tenant reserves the right to change the provider of such service at any time and from time to time in Tenant's sole discretion (any such provider being referred to herein as the "Electric Service Provider"). Tenant shall cooperate with Landlord, and Landlord shall cooperate with Tenant, and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including without limitation, either by contracting for, or by allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (a) to install, repair, replace, improve and remove and any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (b) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. Tenant shall provide such information and specifications regarding Tenant's use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. Except to the extent arising from the gross negligence or willful misconduct of Landlord or any of Landlord's Agents in their activities on, in, under or about the Project or Premises, in no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including without limitation loss of business or any consequential damages, arising from any failure or interruption inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any utility change, failure, interference, disruption, or other defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease. (e) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building and/or the Project by Legal Requirement, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with energy conservation programs implemented by Landlord by reason of governmentally-mandated rationing or restrictions or by Law. (f) Except to the extent arising from Landlord's or any of its Agents' gross negligence or willful misconduct, Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or entitle relieve Tenant to terminate this Lease or withhold or ▇▇▇▇▇ from any rent due of its obligations hereunder. In no event shall Landlord shall at all reasonable times have free access be liable to all electrical and mechanical installations Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of Landlord. Notwithstanding the foregoingany plumbing or other pipes (including, if as a result of the actions of Landlordwithout limitation, its agentswater, contractors steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or employees washstands, or the inactions of Landlord if Landlord is required to act under this Leaseother similar cause in, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service above, upon or electricity service to all or a portion of about the Premises, the Building, or such an interruption of other essential utilities and building services, such as fire protection the Project. (g) Landlord makes no representation with respect to the adequacy or water, so that all or a portion fitness of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, then there and Landlord shall have no liability for loss or damage in connection therewith. Tenant's consumption of electricity shall not exceed the Building's capacity as such capacity may be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved increased by JAMS arbitration pursuant Tenant from time to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy time in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leaseaccordance with paragraph 5(b) above.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen twenty (1520) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor, a reasonable charge (which shall be in addition to the electricity charge paid to the utility provider) for Tenant's "after hours" usage of each HVAC unit servicing the Premises. "After hours" shall mean more than two hundred eighty-three (283) hours of usage of each HVAC unit servicing the Premises during any month during the Term, and shall be determined based upon the operation of the applicable HVAC unit during each month on a "non-cumulative" basis (without regard to Tenant's usage or nonusage of said unit during other months during the Term). Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇a▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Notwithstanding Tenant acknowledges that the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of costs incurred by Landlord if Landlord is required related to act under this Lease, for more than three (3) consecutive business days following written notice providing above-standard utilities to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then including, without limitation, telephone lines, may be charged to Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant 9.1 Landlord will furnish to the Premises reasonable quantities of electricity (110 volt), water, heating and cooling (8 A.M. to 6 P.M. Monday through Friday and 8 A.M. to 12 noon Saturdays, excepting holidays) and janitorial services (only ordinary dusting and cleaning and not shampooing of carpets, cleaning draperies or furniture). All of the aforesaid services shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly provided without cost to Tenant or except as such expenses may be included in calculating the Premises or used by Tenant in, on or about additional rent pursuant to 6 the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination provisions of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2Article 5. Landlord shall not be liable for damages failure to furnish, or otherwise for suspension or delays in furnishing, any failure of such services caused by breakdown, maintenance or repair work, strike, riot, civil commotion, governmental regulations or any other cause or reason whatever beyond the control of Landlord. Suspension or interruption of services shall not result in any utility or other service furnished to the Premisesabatement of rent, and no such failure or interruption shall be deemed an eviction or entitle relieve Tenant of performance of Tenant's obligations under this Lease. Should Tenant require heating and cooling services beyond the hours and/or days stipulated above, upon receipt of at least 72 hours prior written notice from Tenant, Landlord will furnish such additional services at the then prevailing hourly rates, as established by Landlord from time to terminate time; provided, further, that there will be a minimum charge of four (4) hours use each time overtime services are required. Tenant additionally agrees that Tenant will not install or operate in the Premises any heavy duty electrical equipment or machinery without first obtaining prior written consent of Landlord. Landlord may, among other conditions, require as a condition to its consent for the installation of such equipment or machinery, payment by Tenant as additional rent for excess consumption of electricity that may be occasioned by the operation of said equipment or machinery. Landlord may make periodic inspections of the Premises at reasonable times to determine that Tenant's electrically operated equipment and machinery complies with the provisions of this Lease or withhold or ▇▇Section. Tenant shall be deemed to consume electricity excessively when (i) the total average consumption of electricity, including lighting, exceeds five (5) watt▇ ▇▇▇ square foot for the Premises or (ii) when an individual piece of electrically-operated machinery or equipment has a name plate rating in excess of two (2) kilowatts. Landlord may require that one or more separate meters be installed to record the consumption or use of electricity, or shall have the right to cause a reputable independent electrical engineer to survey and determine the quantity of electricity consumed by such excessive use. The cost of any rent due hereundersuch survey or meters and of installation, maintenance and repair thereof shall be paid for by Tenant. Tenant agrees to pay Landlord (or the utility company, if direct service is provided by the utility company), promptly upon demand, for all such electric consumption and demand as shown by said meters, or a flat monthly charge determined by the survey, as applicable, at the rates charged for such service by the local public utility company. If Tenant's cost of electricity based on meter readings is to be paid to Landlord, Tenant shall pay a service charge related thereto. Landlord shall at all reasonable times have free access not be liable for its failure to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to maintain comfortable atmospheric conditions in all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a any portion of the Premises cannot be used due to heat generated by Tenantany equipment, then Tenantmachinery or additional lighting installed by Tenant (with or without Landlord's obligation consent) that exceeds design capabilities for the building housing the Premises. If Tenant desires additional cooling to offset excessive heat generated by such equipment or machinery, Tenant shall pay Basic Rent for auxiliary cooling equipment and Operating Expenses (its operating costs, including without limitation electricity, gas, oil and water, or an equitable portion of such Basic Rent for excess electrical consumption by the existing cooling system, as appropriate. 9.2 Tenant shall timely pay for all water, electricity, telephone, sewage disposal, refuse collection and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such other utilities or services separately metered to the Premises or separately billed to Tenant by the person furnishing the service. Landlord reserves the right to install separate meters for any utility serving the Premises for which separate meters are not presently installed, and Landlord provides substitute Tenant shall pay the cost of such installation for the Premises. Utilities or services reasonably suitable for Tenant's purposes, as for example, bringing not separately metered or billed (including those described in portable air-conditioning equipment, then there shall not Section 9.1 above to be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing furnished by Landlord) shall be resolved by JAMS arbitration pursuant to Section 22.7 part of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy the operating expenses described in Article 5. 9.3 Any security measures Landlord undertakes are for the event protection of such an interruption of services, the Property only; Tenant acknowledges it does not and shall not apply in rely on such measures to protect Tenant or its property or employees (or the case property of the actions of parties other than Landlord, its such employees, contractors or authorized agents, or in case of damage to, or destruction of, ) at the Premises, which shall be governed by the provisions of Article XI of the Lease.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly 9.01 Subject to the appropriate supplierother provisions of this Lease, all charges for the following services are provided. A. Electricity, water, gasand elevator service (if elevators presently serve the Premises) are provided. B. Heating and air conditioning are provided 7:00 a.m. to 6:00 p.m. weekdays and 8:00 a.m. to 1:00 p.m. Saturdays, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereonexcept holidays. If at Lessee desires such service during other hours, Lessee must prearrange the same with Lessor and pay an additional reasonable charge for such service; the current charge is $65 per hour. Lessee shall separately pay the electrical expense for its dedicated HVAC units serving its server room. C. Five days per week janitorial service and trash removal, periodic window cleaning, supplies for Building operation, and other customary services. If Lessee uses any time after utility or service in excess of normal usage levels, as determined by Lessor in its sole discretion, Lessor shall have the Commencement Date any utilities or services are not separately metered or assessed right to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of charge Lessee for such excess use and to charge Lessee the cost of to separately meter such utilities and services and Tenant use. Lessor shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in provide a separate HVAC override control for the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall Premises. 9.02 Lessor will not be liable for damages or otherwise for deemed in Lessor Default, nor will there be any failure abatement of rent or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant right to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3a) consecutive business days following written notice to Landlord there is no HVAC service any interruption or electricity service to all reduction of utilities, utility services or a portion of the Premises, or such an interruption of other essential utilities and building telecommunication services, such as fire protection (b) any telecommunications or water, so that all other company (whether selected by Lessor or a portion of the Premises cannot be used by Tenant, then Tenant's obligation Lessee) failing to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of provide such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposesor providing the same defectively, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy and/or (c) any utility interruption in the event nature of blackouts, brownouts, or rolling interruptions. Lessee agrees to comply with any energy conservation programs required by law or implemented by Lessor. Lessee acknowledges that utility and service costs and availability may fluctuate significantly, due to power shortages or other events and factors, and Lessee accepts the risks of such an interruption of servicesfluctuations. Lessor reserves the right, and shall not apply in the case of the actions of parties other than Landlordits sole discretion, its employeesto designate, contractors or authorized agents, or in case of damage to, or destruction ofat any time, the Premises, which utility and service providers for Lessee’s use within the Property; no such designation shall be governed by impose liability upon Lessor. 9.03 Lessee has satisfied itself as to the provisions adequacy of Article XI any Lessor owned utility equipment and the quantity of telephone lines and other service connections to the LeaseBuilding available for Lessee’s use.

Utilities and Services. A. Except as provided in this Lease, Landlord shall provide or have third parties provide to the Premises for use by Tenant the utility services (the “Utility Services”) which are provided to the Premises as of the Commencement Date, which are hot and cold running water, sewer services, heat, ventilation and air conditioning as stated in Section 13, natural gas and electricity. The cost of said Utility Services are included as part of the Fixed Rent. Landlord may provide or have third parties provide Utility Services to the Premises in excess of those being provided as of the Commencement Date if Tenant desires such change as long as Tenant notifies Landlord of such change, and Tenant pays the increased cost of such Utility Services as Additional Rent. The term “Utility Services” expressly excludes, and Landlord shall have no obligation under this Lease to provide, telephone, telecommunication, network and desktop services, any IT services, and specialty gases all of which are to be provided to Tenant pursuant to separate agreements with Landlord or direct contracts between Tenant and third party providers. B. As part of the consideration for payment of Fixed Rent above specified, the Landlord, at its own expense, shall furnish, supply and properly maintain for the Tenant, the following services (the “Other Services”): (i) Care in good condition and appearance of landscaping existing on the Project as of the Commencement Date which shall mean basic outside landscaping services to include watering, fertilizing and grass cutting during the growing season; (ii) Janitorial services to the Office Space in accordance with Exhibit H and expressly excluding such services for the Fab Space and the Lab Space; (iii) Parking lot lighting from dusk until ▇▇▇▇ – seven days per week; (iv) Passenger (at all times) and freight (subject to scheduling) elevator service; (v) Shipping, receiving and mail room services daily Monday through Friday; provided that these services do not include the cost to mail or ship Tenant’s property; Landlord reserves the right to contract with a third party vendor to run the mail room and shipping and receiving operations at the Project; (vi) Access cards programmed by Landlord for each employee or other person that Tenant notifies Landlord has been permanently assigned by Tenant to the Premises; Tenant will be responsible for providing security identification badges for employees which will be honored by Landlord; (vii) restroom facilities; and (viii) operation, maintenance, repair, cleaning (including janitorial services in accordance with Project wide specifications for all Common Areas of the Project) and supply of the Common Areas in good condition. C. Except as provided herein, Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials procuring its own supplies and services furnished directly in connection with its operations at, and use and occupancy of, the Premises. Tenant shall provide its own janitorial services for the Fab Space and the Lab Space. Tenant shall be responsible for reimbursing Landlord as Additional Rent for any mailing, shipping or receiving charges payable to Tenant ship or mail Tenant’s property. D. Landlord shall provide the Premises or used by Tenant inOther Services and the Utility Services (collectively, on or about the Premises during “Services”) hereunder to substantially the Termextent, together with any taxes thereon. If at any time after quantity and quality that such services are provided as of the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2Date. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses provide any Services to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again useable by Tenant; provided, however, that if such Services would require Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leaseviolate any Legal Requirements.

Utilities and Services. Landlord shall supply electricity to the Premises in accordance with Landlord’s specifications for the Building Systems, a copy of which Tenant acknowledges it has received and reviewed. Tenant shall have the right to use existing telecommunications and data conduits or, subject to Section 7.3 and the Work Letters, if and as applicable, to install new conduits, cables, equipment, and other related telecommunications and data facilities. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, powerelectricity metered to the Premises, telephone, refuse pickuptelecommunications service, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises, and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) 10 business days after receipt delivery of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 business days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall not be liable for damages mean usage of said unit(s) before 8:00 A.M. or otherwise for any failure after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or interruption after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of any utility or other service furnished to said hours by Landlord. If the HVAC unit(s) serve only the Premises, and no such failure or interruption “after hours” shall mean more than 283 hours of usage during any month during the Term. “After hours” usage shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding determined based upon the foregoing, if as a result operation of the actions applicable HVAC unit during each of Landlordthe foregoing periods on a “non-cumulative” basis (that is, its agents, contractors without regard to Tenant’s usage or employees or the inactions nonusage of Landlord if Landlord is required to act under this Lease, for more than three (3other unit(s) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of serving the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the applicable unit during other periods of the Term). As used herein, “standard charges” shall mean (i) $10.00 per hour for each hour of “after hours” use for HVAC unit(s) that serve only the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses in addition to the extent that less than all applicable electricity charges paid to the utility provider), and (ii) $25.25 per hour for each hour of “after hours” use for HVAC unit(s) servicing both the Premises and other leased premises in the Building (inclusive of the Premises are affected) shall thereafter be abated until applicable electricity charges paid to the Premises are again useable by Tenant; providedutility provider). Alteryx, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the event of such an interruption of services, and shall not apply in the case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease.Inc.