Common use of Utilities and Services Clause in Contracts

Utilities and Services. Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord agrees to furnish or cause to be furnished to the Premises the shall provide those utilities and services described in the Standards set forth on Exhibit B to this Lease. Tenant shall pay for Utilities such utilities and Services which are attached hereto as Exhibit “E”services, and incorporated herein by this reference all other water (“Standards for Utilities including the cost to service, repair and Services”replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to the conditions each employee’s and in accordance with the standards set forth therein. Tenant’s execution of Landlord’s failure standard form of liability waiver and release), and Tenant shall have the right to furnish or cause to be furnished any of use the foregoing items shall not result in any liability of Landlord. Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be responsible liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change whether or not such failure is caused by Force Majeure; provided, however, that makes Landlord hereby represents and warrants that as of the utility supplied less suitable for Tenantdate of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s needs, or for any reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, interruption, stoppage, as long as such failure is not attributable to the gross negligence or defect in intentional misconduct of Landlord or any utility serviceof its agents or employees. In addition, Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, no eviction of nor shall Tenant shall result from and Tenant shall not be relieved from the performance operation of any covenant or agreement of this Lease. 17.3 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. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in this Lease by reason of the Premises (including, without limitation, data processing machines) that will in any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: way (a) separate meter(s) for increase the Premises at Tenant’s sole cost and expenseamount of ventilation, in which case Tenant thereafter shall pay all charges air exchange, gas, steam, electricity or water beyond the existing capacity of the utility providing such service Building as proportionately allocated to the Premises directly to based upon Tenant’s Pro Rata Share as usually furnished or supplied for the purveyor thereof use set forth in Section 2.7 or (b) separate submeter(s) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the Premises at Tenant’s sole cost use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and expense, in which case Tenant thereafter shall pay to Landlord upon demand, as Additional Rent an amount equal to the Actual Electrical Costs cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (defined herein belowexcluding non-business days); provided that Tenant shall ▇▇▇▇ and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, 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 not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. 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 deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for all electrical energy delivered during each monthreasonably comfortable occupancy of the Premises twenty-four (24) hours a day, as measured by such submeter(s)365 or 366 days a year, and in either case, compliance with the cost requirements set forth in Article 23 of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “this Lease.

Utilities and Services. Landlord agrees Subtenant shall not, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied to furnish the Subleased Premises beyond that usually supplied for general office use; or cause (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be furnished conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services described specified in the Standards this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for Utilities all telephone and Services which are attached hereto as Exhibit “E”, all other materials and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause services not expressly required to be provided by Sublandlord, which may be furnished any of to or used in, on or about the foregoing items shall not result in any liability of Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes Subleased Premises during the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Sublease Term.

Utilities and Services. Tenant shall arrange for all telephone, water, gas, electricity, janitorial services, and other power, utilities and services which it shall require in connection with its use or occupancy of the Premises and shall pay for the same, together with any taxes, penalties, surcharges or the like pertaining thereto. In addition, Landlord agrees shall have no obligation to furnish any utilities or cause to be furnished services to the Premises or any equipment providing for the utilities same. Without limitation, Tenant shall be solely responsible for providing such heating, ventilation and services described air conditioning ("HVAC") to the Premises as Tenant shall require for the comfortable occupancy thereof. Any equipment or systems which Tenant shall require in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), order to supply HVAC shall be subject to the conditions provisions of Section 9 above. Tenant shall obtain, at its expense all electric light bulbs, ballasts and in accordance with tubes as it shall require for the standards set forth thereinPremises. Landlord’s failure to furnish or cause to be furnished If any of the foregoing items shall utilities or services are not result in any liability of Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for separately metered to Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered pay a reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, the costproportion, as determined by Landlord, of such extraordinary usageall charges jointly serving the Premises and other premises. In additionLandlord shall not be liable for any damages directly or indirectly resulting from nor shall the Base Rent, Operating Expenses or any other monies owed by Tenant to Landlord may install: under this Lease be abated or reduced by reason of (a) separate meter(s) for the Premises at Tenant’s sole cost and expenseinstallation, use or interruption of use of any equipment used in which case Tenant thereafter shall pay all charges connection with the furnishing of any of the utility providing such service to the Premises directly to the purveyor thereof or foregoing utilities and services, (b) separate submeter(sfailure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or (c) for 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 at Tenant’s sole cost or the Real Property. Landlord shall be entitled to cooperate voluntarily and expensein a reasonable manner with the efforts of national, state or local government agencies or utility suppliers in which case Tenant thereafter reducing energy or other resource consumption. The obligation to make services available hereunder shall pay to Landlord upon demand, an amount equal be subject to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each monthlimitations of any such voluntary, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “reasonable program.

Utilities and Services. Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are Services, attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)"D", subject to the conditions and in accordance with the standards set forth therein. Landlord’s 's failure to furnish or cause to be furnished any of the foregoing items when such failure is caused by (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or by (v) any other cause beyond Landlords reasonable control, shall not result in any liability of to Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, subject to the provisions, of Paragraph 64, Tenant shall not be entitled to any abatement or reduction of Rentrent by reason of such failure, no eviction of Tenant shall result from such failure and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water than reasonably required for normal drinking and lavatory purposes, as specified in Paragraph 4 of Exhibit "D", or utilizes more electricity than the standard electrical power than is considered reasonable or normal by Landlordconsumption specified in Paragraph 3 of Exhibit "D", Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, if Tenant utilizes excess water or electricity as described above, and continues such excess use after written notice thereof by Landlord, then upon an additional prior written notice to Tenant Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant thereafter shall pay all charges of the utility providing such service and Landlord shall make an appropriate adjustment to the Premises directly Tenant's Operating Expenses calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall remain obligated to pay its proportionate share of Operating Expenses subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.

Utilities and Services. Landlord agrees (a) Lessee shall contract for and pay for directly all telephone, telecommunications and janitorial service and shall pay Lessor Lessor’s reasonable estimate of the cost of all electricity, gas, water, heat and air conditioning service, sewer charges, and all other utilities or services supplied to furnish or cause to be furnished consumed by Lessee, its agents, employees, contractors, and invitees on or about the Premises. Lessee acknowledges that (i) the Premises are not currently separately metered, and Lessor shall reasonably and equitably estimate the cost of the utilities provided to the Premises (provided, however, Lessor anticipates providing a disproportionate (based on square footage) amount of the utilities to Lessee, agreed at 38.5%, based on Lessee’s anticipated use of the Premises), which shall be fixed throughout the Term based on Lessee’s use of common utilities as compared to the use of such utilities by other tenants of the Building, (ii) Lessor shall have the right, at its sole cost (unless Lessor reasonably determines that Lessee has been using more than 38.5% of utilities, in which case such metering shall be at Lessee’s cost) to separately meter the Premises and services described (iii) Lessor may include the cost of such utilities in Operating Expenses or may separately invoice the Standards for Utilities and Services cost of such utilities to Lessee, in which are attached hereto as Exhibit “E”case Lessee shall pay such amounts within thirty (30) days of Lessor’s delivery of an invoice. Such payments shall constitute Additional Rent, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. LandlordLessee’s failure to furnish make such payments on a timely basis will result in a late charge as provided in Paragraph 6(b) and constitute a default as described in Paragraph 22. Lessor shall reasonably determine Lessee’s actual usage of common utilities as 38.5% of the actual cost of utilities, not less frequently than annually and shall deliver prompt written notice to Lessee of such determination, the amount of any underpayment or cause overpayment made by Lessee as to such utility usage and any adjustment to the amount of such utilities to be furnished paid by Lessee thereafter to more accurately reflect Lessee’s usage thereof. Lessor shall credit any overpayment to the amount of Monthly Base Rent next coming due (or, if this Lease has expired, refund such amount to Lessee within thirty (30) days thereafter (after first deducting any amounts owing by Lessee under this Lease)) or Lessee shall, within thirty (30) days of Lessor’s delivery of such determination, pay the foregoing items shall not result amount of such underpayment to Lessor. (b) Lessor will use reasonable efforts to cause the main HVAC system serving the Premises to provide the airflow/pressurization and temperature regulations described in any liability of LandlordExhibit “F”. Landlord shall Lessor hall not be responsible or liable to Lessee for any loss, damageinterruption or failure of any utility services to the Building or the Premises which is not caused by the negligence or willful misconduct of Lessor, or expense that Tenant may incur as a result of any change of utility serviceLessor’s employees, including any change that makes the utility supplied less suitable for Tenant’s needsagents, or for any failure, interruption, stoppage, or defect in any utility servicecontractors. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant Lessee shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event because of any such failure, interruption, stoppage or defect, Landlord . Lessor shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay make all charges of the utility providing such service repairs to the Premises directly required to restore such services to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost thereof shall be payable by Lessee pursuant to Paragraph 5 as a current Operating Expense, or as a capital improvement which is amortized over its useful life (together with interest thereon) as an Operating Expense in accordance with generally accepted accounting principles as described in Paragraph 5(b); provided, however, if such failure is caused by the gross negligence or willful misconduct of electrical power delivered to rentable space Lessor or Lessor’s employees, agents, or contractors, or by Lessor’s breach in the Building and Project performance of Lessor’s express obligations hereunder, then Lessor shall be excluded from Operating Expenses. “bear such costs.

Utilities and Services. (a) Provided that Tenant is not in default hereunder, Landlord agrees to furnish shall furnish, or cause to be furnished to the Premises Premises, the utilities and services described in the Standards for Utilities and Services which are Exhibit C attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)hereto, subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure therein and in this Lease. (b) Tenant agrees to furnish or cause cooperate fully at all times with Landlord and to be furnished any comply with all regulations and requirements which Landlord may from time to time prescribe for the use of the foregoing items shall not result utilities and services described herein and in any liability of Landlord. Exhibit C. Landlord shall not be responsible or liable to Tenant for the failure of any loss, damageother tenant, or expense its assignees, subtenants, employees, or their respective invitees, licensees, agents or other representatives to comply with such regulations and requirements. (c) If Tenant requires utilities or 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 therefor, Landlord’s charge for such use. In the event that Tenant may incur 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 shall proceed to install the same at the sole cost of Tenant, payable upon demand in advance. 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 a result shall be determined by Landlord, including payment of Landlord’s charge therefor. In the case of any change additional utilities or services to be provided hereunder, Landlord may require a switch and metering system to be installed so as to measure the amount of utility servicesuch additional utilities or services. The cost of installation, including any change that makes the utility supplied less suitable for Tenant’s needsmaintenance and repair thereof shall be paid by Tenant upon demand. (d) Landlord shall not be liable for, or for any failure, interruption, stoppage, or defect in any utility service. In addition, and Tenant shall not be entitled to to, any damages, abatement or reduction of Rent, no or other liability by reason of any failure to furnish any services or utilities described herein or in Exhibit C for any reason (other than Landlord’s gross negligence or willful misconduct), including, without limitation, when caused by accident, breakage, 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. Landlord shall be entitled to cooperate with the energy conservation efforts of governmental agencies or utility suppliers. 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 shall result from and Tenant shall not be relieved from the performance of any obligation to perform any covenant or agreement in under this Lease by reason of any such change, failure, interruption, stoppage or defectLease. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall diligently use reasonable efforts to attempt to cause service to be resumed restore all services promptly. If Tenant requires No representation is made by Landlord with respect to the adequacy or utilizes more water fitness of the Building’s ventilating, air conditioning or electrical power than is considered other systems to maintain temperatures as may be required for the operation of any computer, data processing or other special equipment of Tenant. (e) Landlord reserves the right from time to time to make reasonable or normal by Landlordand nondiscriminatory modifications to the above standards (including, Landlord maywithout limitation, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(sthose described in Exhibit C) for the Premises at Tenant’s sole cost utilities and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “services.

Utilities and Services. (a) Provided that Tenant is not in default hereunder, Landlord agrees to furnish shall furnish, or cause to be furnished to the Premises Premises, the utilities and services described in the Standards for Utilities and Services which are Exhibit C attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)hereto, subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure therein and in this Lease. (b) Tenant agrees to furnish or cause cooperate fully at all times with Landlord and to be furnished any comply with all regulations and requirements which Landlord may from time to time prescribe for the use of the foregoing items shall not result utilities and services described herein and in any liability of Landlord. Exhibit C. Landlord shall not be responsible liable to Tenant for the failure of any other tenant or liable for any lossits assignees subtenants, damageemployees, or expense that Tenant may incur as a result of any change of utility servicetheir respective invitees, including any change that makes the utility supplied less suitable for licensees, agents or other representatives to comply with such regulations and requirements. (c) If Tenant’s needsusage of electricity, water or any other utility service exceeds the use of such utility Landlord determines to be typical, normal and customary for the Building, Landlord may determine the amount of such excess use by any reasonable means (including the installation at Landlord’s request but at Tenant’s expense of a separate meter or other measuring device) and charge Tenant for the cost of such excess usage. Examples of excess electrical usage include, but are not limited to, material consumption of electricity outside Building Hours, or consumption of extraordinary amounts of electricity at any time, such as for the operation of a server, for dedicated HVAC equipment for the Premises, or for any failure, interruption, stoppage, or defect other equipment requiring power in any utility serviceexcess of standard 120 volt outlet power. In addition, Landlord may impose a reasonable charge for the use of any additional or unusual janitorial services required by Tenant because of any unusual Alterations, the carelessness of Tenant or the nature of Tenant’s business (including hours of operation). 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 shall proceed to install the same at the sole cost of Tenant, payable upon demand in advance. 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 a switch and metering system 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 upon demand. Notwithstanding the foregoing, Landlord shall have the right to contract with any utility provider it deems appropriate to provide utilities to the Project. (d) Landlord shall not be liable for, and Tenant shall not be entitled to to, any damages, abatement or reduction of Rent, no or other liability by reason of any failure to furnish any services or utilities described herein or in Exhibit C for any reason (other than Landlord’s sole 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. Landlord shall be entitled to cooperate with the energy conservation efforts of governmental agencies or utility suppliers. 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 shall result from and Tenant shall not be relieved from the performance of any obligation to perform any covenant or agreement in under this Lease by reason of any such change, failure, interruption, stoppage or defectLease. In the event of any such failure, interruption, stoppage or defect, interruption thereof Landlord shall diligently use reasonable efforts to attempt to cause service to be resumed restore all services promptly. If Tenant requires No representation is made by Landlord with respect to the adequacy or utilizes more water fitness of the Buildings ventilating, air conditioning or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant other systems to pay, maintain temperatures as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) be required for the Premises at operation of any computer, data processing or other special equipment of Tenant’s sole cost and expense. 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 interrupt ion, failure or inability to provide any services. Notwithstanding anything in which case Tenant thereafter shall pay all charges this Paragraph 7 to the contrary if an interruption or cessation of the a utility providing such service to the Premises directly to from a cause within the purveyor thereof or (b) separate submeter(s) reasonable control of Landlord results in the Premises being unusable by Tenant for the Premises at conduct of Tenant’s sole cost and expensebusiness, in then Basic Annual Rent shall be abated commencing on that date which case is five (5) consecutive business days following the date Tenant thereafter shall pay delivers written notice to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by of such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “interruption and

Utilities and Services. Provided that no Event of Default has occurred and is continuing, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)during reasonable hours of generally recognized business days, subject to the conditions and in accordance with the standards set forth therein. in the Rules and Regulations, as may be amended in writing by Landlord from time to time during the Term of this Lease and delivered to Tenant, reasonable quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required in Landlord’s failure to furnish or cause to be furnished any 's judgment for the comfortable use and occupation of the foregoing items Premises, Janitorial service, and to the extent provided in the Building only, elevator service by non-attended automatic elevators. The cost of all such utilities and services shall not result be included within the definition of Project Costs, and shall be paid by Tenant in any liability of Landlordthe manner set forth in Section 7.1. Landlord shall not be responsible or liable for any lossfor, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, and Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease Rent by reason of Landlord's failure to furnish any of the foregoing when such changefailure is caused by accident, failurebreakage, interruptionrepairs, stoppage Unavoidable Delay or defect. In the event of for any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptlyother causes. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rent, the cost, as reasonably determined by Landlord, of incurred by such extraordinary usage. In addition, Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant thereafter shall pay all charges of the utility providing such service metered service. Tenant shall cooperate with any present or future government conservation requirements and with any conservation practices established by Landlord. If there is any failure, stoppage or interruption of any services provided hereunder, Landlord shall use reasonable diligence to the Premises directly resume services promptly. Landlord shall at all times have free access to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost mechanical installations of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Premises, including but not limited to air conditioning equipment and vents, fans, ventilating and machine rooms and electrical closets.

Utilities and Services. Provided that no Event of Default has occurred and is continuing, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)during reasonable hours of generally recognized business days, subject to the conditions and in accordance with the standards set forth therein. in the Rules and Regulations, as may be amended in writing by Landlord from time to time during the Term of this Lease and delivered to Tenant, reasonable quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required in Landlord’s failure to furnish or cause to be furnished any 's judgment for the comfortable use and occupation of the foregoing items Premises, janitorial service, and to the extent provided in the Building only, elevator service by non-attended automatic elevators. The cost of all such utilities and services shall not result be included within the definition of Project Expenses, and shall be paid by Tenant in any liability of Landlordthe manner set forth in Section 7.1. Landlord shall not be responsible or liable for any lossfor, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, and Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease Rent by reason of Landlord's failure to furnish any of the foregoing when such changefailure is caused by accident, failurebreakage, interruptionrepairs, stoppage Unavoidable Delay or defect. In the event of for any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptlyother causes. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rent, the cost, as reasonably determined by Landlord, of incurred by such extraordinary usage. In addition, Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant thereafter shall pay all charges of the utility providing such service metered service. Tenant shall cooperate with any present or future government conservation requirements and with any conservation practices established by Landlord. If there is any failure, stoppage or interruption of any services provided hereunder, Landlord shall use reasonable diligence to the Premises directly resume services promptly. Landlord shall at all times have free access to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost mechanical installations of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Premises, including but not limited to air conditioning equipment and vents, fans, ventilating and machine rooms and electrical closets.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)"F", subject to the conditions and in ----------- accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's employees and/or agents which are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be provided by Landlord’s . Any such additional services will be provided to Tenant at Tenant's cost. Landlord will not be liable to Tenant for any failure to furnish or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother cause beyond Landlord's reasonable control. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be entitled to any abatement or reduction of Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing such service and Landlord will make an appropriate adjustment to the Premises directly Tenant's Operating Expenses calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall will remain obligated to pay its proportionate share of Operating Expenses subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.

Utilities and Services. Tenant shall arrange for all telephone, water, gas, electricity and other power and utilities which it shall require in connection with its use or occupancy of the Premises and shall pay for the same, together with any taxes, penalties, surcharges or the like pertaining thereto. Landlord agrees shall have no obligation to furnish any utilities or cause to be furnished services to the Premises or any equipment providing for the utilities same. Without limitation, Tenant shall be solely responsible for providing such heating, ventilation and services described air conditioning ("HVAC") to the Premises as Tenant shall require for the comfortable occupancy thereof. Any equipment or systems which Tenant shall require in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), order to supply HVAC shall be subject to the conditions provisions of Section 9 above. Tenant shall obtain, at its expense all electric light bulbs, ballasts and in accordance with tubes as it shall require for the standards set forth thereinPremises. Landlord’s failure to furnish or cause to be furnished If any of the foregoing items shall utilities or services are not result in any liability of Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for separately metered to Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered pay a reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, the costproportion, as determined by Landlord, of such extraordinary usageall charges jointly serving the Premises and other premises. In additionLandlord shall not be liable for any damages directly or indirectly resulting from nor shall the Base Rent, Operating Expenses or any other monies owed by Tenant to Landlord may install: under this Lease be abated or reduced by reason of (a) separate meter(s) for the Premises at Tenant’s sole cost and expenseinstallation, use or interruption of use of any equipment used in which case Tenant thereafter shall pay all charges connection with the furnishing of any of the utility providing such service to the Premises directly to the purveyor thereof or foregoing utilities and services, (b) separate submeter(sfailure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or (c) for 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 at Tenant’s sole cost or the Real Property. Landlord shall be entitled to cooperate voluntarily and expensein a reasonable manner with the efforts of national, state or local government agencies or utility suppliers in which case Tenant thereafter reducing energy or other resource consumption, provided that the majority of the owners of comparable business parks in the Comparable Market are also so cooperating. The obligation to make services available hereunder shall pay to Landlord upon demand, an amount equal be subject to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each monthlimitations of any such voluntary, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “reasonable program.

Utilities and Services. Landlord agrees to furnish furnish, or cause to be furnished furnished, to the Premises the utilities and services described in the Standards for Utilities and Services which are EXHIBIT F attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)hereto, subject to the conditions and in accordance with the standards set forth thereintherein and in this Section 29. Landlord’s failure to furnish Except as provided EXHIBIT F and in this Section 29, Tenant shall arrange for all utilities and services which it shall require in connection with its use or cause to be furnished any occupancy of the foregoing items Premises and shall pay for the same, together with any taxes, 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 during the Term such direct arrangements shall not result 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 any liability 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 to Tenant, Tenant shall pay a reasonable proportion, as reasonably determined by Landlord, of all charges of providing the same to the Premises and other premises. Landlord may estimate all charges payable by Tenant to Landlord pursuant to this Section 29 and require Tenant to pay the same in monthly installments based on such estimates in the same manner as provided pursuant to Section 5.c. with respect to Operating Expenses. Such charges and payments shall also be subject to annual reconciliation in the same manner as provided pursuant to Section 5.c. with respect to Operating Expenses. Landlord shall not be responsible or liable for any lossdamages directly or indirectly resulting from, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes nor shall the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Base Rent, no Operating Expenses or any 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 and Tenant shall not be relieved from from, (a) the performance installation, use or interruption of use of any covenant or agreement equipment used in this Lease by reason connection with the furnishing of any of the foregoing utilities and services, (b) failure to furnish or delay in furnishing any such changeutilities or services for any reason whatsoever, failureor (c) the limitation, interruptioncurtailment, stoppage rationing or defectrestriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Real Property. In the event of any such failure, interruption, stoppage or defectinterruption in any utilities or services which Landlord is obligated to provide pursuant to EXHIBIT F, Landlord shall diligently attempt use its diligent efforts to cause service the provision of such utilities or services to be resumed promptlyresumed. If Tenant requires Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or utilizes more water local government agencies or electrical power than is considered reasonable utility suppliers in reducing energy or normal by other resource consumption. Landlord, Landlord may, at its option, require Tenant 's obligation to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost make utilities and expense, in which case Tenant thereafter services available hereunder shall pay all charges of the utility providing such service be subject to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expenselimitations of any such voluntary, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “reasonable program.

Utilities and Services. Landlord agrees to furnish or cause to be furnished Provision to the Leased Premises the of any utilities and services described in such as gas, water, steam, sewer, telephone, trash removal, enhanced security, janitorial, etc. shall be the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any responsibility of the foregoing items shall not result in LESSEE and any liability of Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defectSubLessee. In the event that the LESSEE shall request and the GOVERNMENT shall furnish utility connections associated with its use of any such failurethe Leased Premises, interruptionLESSEE shall pay the GOVERNMENT the agreed charges therefore in addition to the consideration rent required under this LEASE. Such charges and the method of payment thereof, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, GOVERNMENT or the appropriate supplier of such extraordinary usage. In additionservice, Landlord in accordance with applicable laws and regulations, on such basis as the GOVERNMENT or appropriate supplier of such service may install: (a) separate meter(s) establish, and may include a requirement for the Premises installation of adequate connecting and metering equipment at Tenant’s the sole cost and expense, in which case Tenant thereafter shall pay all charges expense of the utility providing such service LESSEE. It is expressly agreed and understood that the GOVERNMENT in no way warrants the continued supply, maintenance, or adequacy of any utilities or services furnished by it to the LESSEE. LESSEE shall have the right, subject to Paragraph 8 above herein, to install such utilities or make improvements to existing utilities on the Leased Premises, including but without limitation, the installation of emergency power generators, as may be necessary for the operation of LESSEE's equipment. LESSEE will solely be responsible for all costs associated with utility connections from Leased Premises directly to utility mains. Plans and specifications for this will be approved by the Facilities Engineering and Acquisition Division Head located at the Station. All utilities must be metered. The LESSEE will reimburse the Station periodically when a ▇▇▇▇ is presented by the Station to the purveyor thereof or (b) separate submeter(s) LESSEE for the Premises at Tenant’s sole cost utility consumption. Reimbursable utilities are water, sewer, power and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) gas. The LESSEE will be responsible for all electrical energy delivered during each month, as measured by such submeter(s), costs associated with connecting to and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “installing meters for all utilities.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “EXHIBIT "E”, and incorporated herein by this reference (“Standards for Utilities and Services”)", subject to the conditions and in accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's employees and/or agents which are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be provided by Landlord’s . Any such additional services will be provided to Tenant at Tenant's cost. Landlord will not be liable to Tenant for any failure to furnish or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother cause beyond Landlord's reasonable control. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be entitled to any abatement or reduction of Rentrent (except as expressly provided in SUBPARAGRAPHS 20(f) OR 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of such incurred by such 18. extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing such service and Landlord will make an appropriate adjustment to the Premises directly Tenant's Operating Expenses calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall will remain obligated to pay its proportionate share of Operating Expenses subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)"F", subject to the conditions and in ----------- accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's employees and/or agents which are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be provided by Landlord’s . Any such additional services will be provided to Tenant at Tenant's cost. Landlord will not be liable to Tenant for any failure to furnish or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother cause beyond Landlord's reasonable control. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be entitled to any abatement or reduction of Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing service and Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Operating Expenses subject to such adjustment. Notwithstanding anything in this Lease, if, as a result of the negligent acts or omissions of Landlord or its agents, contractors or employees, for more than five (5) consecutive business days following written notice to Landlord, there is no elevator service to the Premises directly Premises, or no HVAC or electricity to the purveyor thereof Premises, or (b) separate submeter(s) for such an interruption of other essential utilities and building services, such as fire protection or water, so that any portion of the Premises at cannot be and is not used by Tenant’s sole cost and expense, in which case Tenant's judgment reasonably exercised, then Tenant's rent shall thereafter be abated until the Premises are again usable by Tenant thereafter shall pay to Landlord upon demand, an amount equal in proportion to the Actual Electrical Costs (defined herein below) extent to which Tenant's use of the Premises is interfered with; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for all electrical energy delivered during each monthTenant's purposes, as measured by such submeter(s)for example, and bringing in either caseportable air-conditioning equipment, then there shall not be an abatement of rent. This paragraph shall not apply in case of damage to, or destruction of, the cost of electrical power delivered to rentable space in the Building and Project Building, which shall be excluded from Operating Expensesgoverned by a separate provision of this Lease. “Notwithstanding any of the foregoing to the contrary, Tenant may not ▇▇▇▇▇ rent if Landlord disputes Tenant's right to ▇▇▇▇▇ or the amount of such abatement, until and to the extent the arbitrator provides that Tenant may do so in accordance with and pursuant to the terms of Paragraph 50 hereof.

Utilities and Services. Landlord agrees to furnish Tenant shall be responsible for determining if the local supplier of water, gas and electricity can supply the needs of Tenant and whether or cause to be furnished not the existing water, gas and electrical distribution systems within the Building and the Premises are adequate for Tenant’s needs. Tenant shall pay all charges for water, gas, electricity, and storm and sanitary sewer services as so supplied to the Premises Premises, irrespective of whether or not the utilities and services described are maintained in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s or Tenant’s name. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall rent be abated by reason of failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of (a) accident, breakage or repairs; (b) strikes, lockouts or other labor disturbance or labor dispute of any change character; (c) governmental regulation, moratorium or other governmental action; (d) inability, despite the exercise of utility servicereasonable diligence, including to obtain any change that makes of the utility supplied less suitable for Tenant’s needsforegoing utilities or services; (e) interruption necessary to install or repair facilities in the Building, or for (f) any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defectother causes beyond Landlord’s reasonable control. In the event of any such failure, interruption, stoppage or defectinterruption of such utilities or services, Landlord shall diligently attempt to promptly resume the utilities or service in question. Tenant shall provide trash bins (or other adequate garbage disposal facilities) within the trash enclosure areas provided or permitted by Landlord outside the Premises sufficient for the interim disposal of all of its trash, garbage and waste. All such trash, garbage and waste temporarily stored in such areas shall be stored in such a manner so that it is not visible from outside of such areas, and Tenant shall cause service such trash, garbage and waste to be resumed promptlyregularly removed from the Property at Tenant’s sole cost. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal shall at all times keep the Premises, the Building, the Common Area and the Property in a clean, safe and neat condition free and clear of all trash, garbage, waste and/or boxes, pallets and containers containing same at all times. Tenant shall contract directly with a janitorial service for the cleaning of the Premises. Tenant shall, at all times during the Lease Term and at its sole cost and expense, regularly clean and continuously keep and maintain in good order, condition and repair all heating ventilating and air conditioning equipment. Tenant, if requested to do so by Landlord, Landlord mayshall hire, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, a licensed heating, ventilating and air conditioning contractor to regularly and periodically (not less frequently than every three months) inspect and perform required maintenance on the heating, ventilating and air conditioning equipment and systems serving the Leased Premises, or alternatively, Landlord may, at its election, contract in which case Tenant thereafter shall pay all charges its own name for such regular and periodic inspections of the utility providing and maintenance on such service heating, ventilating and air conditioning equipment and systems and charge to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either caseadditional Rent, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “thereof.

Utilities and Services. A. Landlord agrees to furnish or cause to be furnished to the Premises Premises, during reasonable hours determined by Landlord and subject to applicable law and the rules and regulations of the Building, the following utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)services, subject to the conditions and in accordance with the standards set forth thereinherein: (i) non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and other tenants and occupants and their agents and invitees, (ii) water for drinking and rest room purposes, (iii) reasonable janitorial and cleaning services, provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant (if the Premises are not used exclusively as offices, Landlord, at Landlord's sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant's expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant will pay Landlord for the cost of removing T▇▇▇▇▇'s refuse and rubbish, to the extent the same exceeds the refuse and rubbish attendant to normal office usage), (iv) radiant heat, (v) at all reasonable times, electric current as required for building standard lighting and customary office equipment. However: (a) without Landlord’s 's consent, Tenant may not install, or permit the installation, in the Premises of any space heaters, air conditioning equipment, electronic equipment or other type of equipment or machines which will increase Tenant's use of electric current in excess of that which Landlord is obligated to provide hereunder (provided, however, that the foregoing will not preclude the normal use of personal computers or similar office equipment); (b) if Tenant requires electric current which may disrupt the provision of electrical services to other Tenants or which exceeds normal usage for Tenants in the Building, Landlord may refuse to grant its consent or may condition its consent upon Tenant's paying the cost of installing and providing any additional facilities required to furnish such excess power to the Premises and upon the installation in the Premises of electric current meters to measure the amount of electric current consumed, Tenant will pay for the cost of such meter(s) and the cost of installation, maintenance and repair thereof, as well as for all excess electric current consumed at the rates charged by the applicable local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (c) if Tenant's increased electrical requirements will materially affect the temperature level in the Premises or the Building, L▇▇▇▇▇▇▇'s consent may be conditioned upon Tenant's requirement to pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, including but not limited to the cost of modifications to any air conditioning system. Landlord will not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord's reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements. Tenant covenants that at all times its use of electric current will never exceed the capacity of the feeders, risers or electrical installations of the Building. If submetering of electricity in the Building will not be permitted under future laws or regulations, the Rent will be equitably and periodically adjusted to include an additional payment to Landlord reflecting the cost to Landlord for furnishing electricity to Tenant in the Premises. Any amounts which Tenant is required to pay to Landlord pursuant to this section are due within ten (10) business days after demand by Landlord and are Additional Rental. B. Landlord is not liable for any failure to furnish furnish, stoppage of, or cause to be furnished interruption in furnishing any of services or utilities, when such failure is caused by accident, breakage, repairs, strikes, lockouts, labor disputes, labor disturbances, governmental regulation, civil disturbances, acts of war, moratorium or other governmental action, or any other cause beyond Landlord's reasonable control, and, in such event, Tenant is not entitled to any damages nor will any failure or interruption a▇▇▇▇ or suspend T▇▇▇▇▇'s obligation to pay Base Monthly Rental and Additional Rental or be construed as a constructive or other eviction of Tenant. Further, in the foregoing items shall event any governmental authority or public utility promulgates or revises any law, ordinance, rule or regulation, or issues mandatory controls, or voluntary controls relating to the use or conservation of energy, water, gas, light or electricity, the reduction of automobile or other emissions, or the provision of any other utility or service, Landlord may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control or voluntary guideline and Tenant's obligations hereunder will not result in be affected by any liability such action of Landlord. Landlord shall not be responsible or liable for any lossThe parties acknowledge that safety and security devices, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from services and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal programs provided by Landlord, Landlord mayif any, at its optionwhile intended to deter crime and ensure safety, require may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or security device, service or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to payT▇▇▇▇▇'s property and interests, and Tenant must obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as Additional Rentfurther described in this Lease. T▇▇▇▇▇ agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law. The foregoing notwithstanding, in the costevent that such services are interrupted for a period of more than ten (10) consecutive days and such interruption prevents Tenant from conducting its business at the Premises, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) Tenant's Base Rent hereunder will be abated for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges period of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “interruption.

Utilities and Services. Provided that Tenant is not in default hereunder, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)during reasonable hours of generally recognized business days, subject to the conditions and in accordance with the standards set forth therein. in the Rules and Regulations as defined in Paragraph 28 hereof, as may be amended in writing by Landlord form time to time during the Term of this Lease and delivered to Tenant, reasonable quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes, heat and air-conditioning required in Landlord’s failure to furnish or cause to be furnished any 's judgment for the comfortable use and occupation of the foregoing items shall not result in any liability of LandlordPremises, and elevator service by non-attended automatic elevators. Landlord shall not be responsible or liable for any lossfor, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, and Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease rent by reason of Landlord's failure to furnish any of the foregoing when such changefailure is caused by accident, failurebreakage, interruptionrepairs, stoppage strikes, lockouts or defect. In the event other labor disturbances or labor disputes of any such failurecharacter, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptlyof any other causes. If It Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, opinion require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof provided service. Tenant shall cooperate with any present or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s)future government, and in either casewith any conservation practices established by Landlord. If there is any failure, stoppage or interruption thereof, Landlord shall use reasonable diligence to resume services promptly. Landlord shall at all reasonable times have free access to all mechanical installations of the cost of Building, including but not limited to air-conditioning equipment and vents, fans, ventilating and machine rooms and electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expensesclosets. “See Addendum.

Utilities and Services. Landlord agrees 16.1 To the extent such items are not included in Operating Expenses, Tenant shall pay for all water, (including the cost to furnish or cause to be furnished to the Premises the service, repair, replace and operate any reverse osmosis and/or deionized water systems and other treated water) gas, heat, light, power, telephone, janitorial service, refuse collection, hazardous material collection and other utilities and services described supplied to the Demised Premises, together with any taxes thereon. Tenant shall also pay for the cost to service, repair, relocate, replumb, replace and operate any gas or liquid distribution systems servicing the Demised Premises including any located in the Standards for Utilities Building but outside the Demised Premises. If any such utility is not separately metered to Tenant, Tenant shall pay a reasonable proportion based upon its use of such utility to be determined by Landlord of all charges jointly metered with other premises or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance charge Tenant with the standards set forth therein. Landlord’s failure to furnish or cause to cost of purchasing, installing and monitoring such metering equipment, which shall be furnished any of the foregoing items shall not result in any liability of Landlord. paid by Tenant as Additional Rent. 16.2 Landlord shall not be responsible or liable for nor shall any losseviction of Tenant result from the failure to furnish any such utility or service whether or not such failure is caused by accident, damagebreakage, repairs, strikes, lockouts or expense that Tenant may incur as a result other labor disturbances or labor disputes of any change character, governmental regulation, moratorium or other governmental action, inability despite the exercise of utility servicereasonable diligence or by any other cause, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility servicegross negligence of Landlord. In additionthe event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not nor be relieved from the performance operation of any covenant or agreement of this Lease. 16.3 Tenant shall pay for, prior to delinquency, any utilities which may be furnished and billed to the Demised Premises during the term of this Lease. 16.4 Tenant shall not, without the prior written consent of Landlord, use any device in this Lease the Demised Premises, including, but without limitation, data processing machines (excluding personal computers) and non standard laboratory equipment, which will in any way increase the amount of ventilation, air exchange, gas, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Demised Premises based upon Tenant's Pro Rata Share as set forth in Section 1.2.6 above. 16.5 If Tenant shall require services in excess of that usually furnished or supplied for similar space in the Building, by reason of equipment operated and/or extended hours of business operation, then Tenant shall first procure the consent of Landlord for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services and Tenant's payment as Additional Rent of an amount equal to the cost to provide such excess services and utility capacity. 16.6 Utilities and services provided by Landlord and billed to the Demised Premises shall be paid by Tenant directly to the supplier of such utility or service. 16.7 Landlord shall provide water in Common Areas for drinking and lavatory purposes only, but if Tenant requires, uses or consumes water for any purpose in addition to ordinary drinking and lavatory purposes of which fact Tenant constitutes Landlord to be the sole judge, Landlord may install a water meter and thereby measure Tenant's water consumption for all purposes. Tentant shall pay Landlord for the cost of the meter and the cost of the installation thereof and throughout the duration of Tenant's occupancy, Tenant shall keep said meter and installation equipment in good working order and repair at Tenant's own cost and expense, in default of which Landlord may cause such changemeter and equipment to be replaced or repaired and collect the cost thereof from Tenant. Tenant agrees to pay for water consumed, failureas shown on said meter, interruptionas and when bills are rendered, stoppage and on default in making such payment. Landlord may pay such charges and collect the same from Tenant. Any such costs or defectexpenses incurred, or payments made by Landlord for any of the reasons or purposes hereinabove stated shall be deemed to be Additional Rent payment by Tenant and collectible by Landlord as such. 16.8 Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when necessary, by reason of accident or emergency or for repairs, alterations or improvements, in the judgment of Landlord desirable or necessary to be made, until said 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 strike or accident, or by laws, rules, order, ordinances, directions, regulations or requirements of any federal, state, country or municipal authority or failure to deliver gas, oil or other suitable fuel supply or inability by exercise of reasonable diligence to obtain gas, oil or other suitable fuel. 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 deemed breached if Landlord is unable to furnish or perform the same by virtue of a strike or labor trouble or any other cause whatsoever. In the event of any such failurefire, interruptionearthquake, stoppage flood, vandalism, war, storm or defectsimilar cause of damage or destruction, Landlord this Section shall diligently attempt not apply and the provisions of Article 22 entitled Damage or Destruction shall apply and control. 16.9 Notwithstanding anything to cause service the contrary in this Lease, if as a consequence of (i) a material cessation of utilities required to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal provided to the Demised Premises by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, or (ii) the cost, as determined by Landlord, presence of a significant amount of Hazardous Materials which does not result from Tenant's release or emission of such extraordinary usage. In additionHazardous Material in or about the Demised Premises in violation of Hazardous Materials Laws, Landlord may install: (a) separate meter(s) for which renders the Demised Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s)uninhabitable, and in either caseany of the foregoing cases, Tenant is unable to use the cost Demised Premises for a continuous and consecutive period of electrical power delivered thirty (30) days following written notice by Tenant to rentable space in the Building Landlord and Project Landlord's lenders, and Landlord fails or refuses to take any action to correct or otherwise remedy such situation, then Tenant shall be excluded from Operating Expensesentitled to terminate the Lease upon ten (10) days written notice to Landlord. “If the interference persists for more than one hundred eighty (180) consecutive calendar days following written notice to Landlord and Landlord's lender despite Landlord's actions and efforts to correct or remedy such interference, Tenant shall have the right to terminate this Lease upon ten (10) days written notice to Landlord.

Utilities and Services. 17.1 Tenant shall pay Landlord agrees as part of Operating Expenses for all water (including the cost to furnish or cause service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, electricity, telephone, internet service, cable television, other telecommunications, and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon (each a “Utility” collectively, the “Utilities”). If any such Utility is not separately metered to Tenant, Tenant shall pay a reasonable proportion (to be furnished to the Premises the utilities and services described determined by Landlord) of all charges of such Utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses or, in the Standards 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. 17.2 If any Utilities provided by or through Landlord are interrupted for Utilities and Services which are attached hereto as Exhibit “E”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 incorporated herein by this reference (“Standards for direct costs of obtaining replacement Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. during Landlord’s failure to furnish repairs, but not for any consequential or cause to be furnished indirect losses (such as loss of data or product, or resulting from interference with any of activities in the foregoing items shall not result in any liability of LandlordPremises). Landlord shall not otherwise be responsible liable for, nor shall any eviction of Tenant result from, failure to furnish any utility or liable for any lossservice, damagewhether 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 expense materials by reason of the acts of a governmental body that Tenant may incur affect the supply or availability of the same; (v) mechanical breakdown (other than as a result of any change such party’s contractor’s or subcontractors’ acts or omissions or Landlord’s gross negligence); (vi) acts of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, God; (vii) enemy action or for any failure, interruption, stoppage, action of terrorists; (viii) civil commotion; (ix) fire or defect other casualty; or (x) unusually abnormal weather (which events described in any utility serviceitems (i) through (x) are hereafter individually or collectively referred to as “Force Majeure”). In additionthe event of such failure resulting from Force Majeure, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of nor shall Tenant shall result from and Tenant shall not be relieved from the performance 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 this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of a failure of Utilities. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any such failureUtilities and services that may be furnished to the Premises during or, interruptionif Tenant occupies the Premises after the expiration or earlier termination of the Term, stoppage or defectafter the Term. 17.4 Tenant shall not, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by without Landlord’s prior written consent, Landlord mayuse any device in the Premises (including, at its optionwithout limitation, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: data processing machines) that will in any way (a) separate meter(s) in the case of the Retained Premises, increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity in the Linde Building as proportionately allocated to the Retained Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.10 or (b) in the case of any Premises, 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 New Premises. Tenant acknowledges that Tenant believes the Plans and Specifications attached as Exhibit J subject to the mutually agreeable resolution of the items set forth on Exhibit J-1 adequately provide for Tenant’s electrical requirements. If the New 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 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, in then Tenant shall first procure Landlord’s consent of Landlord for the use thereof, which case consent Landlord may condition upon the availability of such excess Utilities or services, and Tenant thereafter shall pay all charges as Additional Rent an amount equal to the actual out-of-pocket cost of the utility providing such service excess utilities and services. 17.7 Utilities and services provided by Landlord to the Premises shall be paid by Tenant as part of Operating Expenses, except as this Lease 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 through Landlord as provided in Section 17.10 without m▇▇▇-up by Landlord. Landlord shall provide Tenant with commercially reasonable assistance and cooperation to help Tenant meet its electrical needs, but Landlord makes no assurances regarding the purveyor thereof availability of electricity from any Utility provider. 17.8 Landlord shall provide water in Common Areas for drinking and lavatory purposes only; provided, however, that if Landlord determines that Tenant requires, uses or (b) separate submeter(s) 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 Premises costs of such 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 replace the same and shall collect the costs therefor from Tenant. Tenant agrees to pay for water consumed, as shown on said 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 hereinabove stated, shall be deemed to be Additional Rent payment by Tenant and collectible by Landlord as such. 17.9 Upon two (2) business days’ notice to Tenant, except in the case of an emergency (where no notice shall be required), 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, as the case may be, shall not be deemed breached if Landlord or Tenant, 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 Article 49, 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 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 any bills related thereto. The amount charged for electric energy furnished to the Premises (“Basic Electric”) shall be 100% of Landlord’s cost 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 case 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 thereafter 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 Unless provided to the contrary in the attached Exhibit P, 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. Tenant may elect, by written notice to Landlord, to furnish and install such replacement lighting tubes, lamps, bulbs and ballasts. 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 demandthe Buildings’ distribution of electricity via the Buildings’ electric system, an amount equal Tenant shall not exceed its allotted electrical capacity, without Landlord’s prior consent. Should Landlord grant such consent, which shall not be unreasonably withheld, conditioned or delayed, 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 12 of this Lease. 17.15 If required by any Applicable Laws and provided Tenant is able to obtain electrical service prior to the Actual Electrical Costs date of Landlord’s discontinuance, Landlord, upon at least sixty (defined herein below60) 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 all electrical electric energy delivered during each monththereafter supplied to the Premises shall cease. As of such date, as measured by such submeter(s)Landlord shall permit Tenant to receive electric energy directly from the public utility company supplying electric energy to the Project, and in either caseTenant 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 cost of electrical power delivered 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 rentable space in the Building and Project obtain electric energy directly from such public utility company shall be excluded from furnished and installed by Landlord at Landlord’s expense (which shall constitute an Operating Expenses. “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. Provided that Tenant is not in default hereunder, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)during reasonable hours of generally recognized business days, subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure in the Rules and Regulations as defined in Paragraph 28 hereof, as may be amended in writing by Landlord from time to furnish or cause time during the Term of this Lease and delivered to be furnished any Tenant, reasonable quantities of electric current for normal lighting and fractional horsepower office machines, hot and cold water for lavatory and drinking purposes, heat and air conditioning for the comfortable use and occupation of the foregoing items shall Premises, janitorial service, and elevator service by non-attended automatic elevators provided that Landlord is not result in any liability of Landlordnegligent. Landlord shall not be responsible or liable for any lossfor, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant and ▇▇▇▇▇▇ shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease rent by reason of Landlord’s failure to furnish any of the foregoing when such changefailure is caused by accident, failurebreakage, interruptionrepairs, stoppage strikes, lockouts or defect. In the event other labor disturbances or labor disputes of any such failurecharacter, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptlyfor any other causes consistent with other institutional first class office buildings in the Sacramento Area. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, . Landlord may, may at its option, option require Tenant to pay, as Additional Rentan additional rent, the cost, cost as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, Landlord may install: (a) install separate meter(s) for the Premises Premises, at TenantLandlord’s sole cost and expense, in which case and Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof service. Tenant shall cooperate with any present or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s)future government, and in either casewith any conservation practices established by Landlord. If there is any failure, stoppage or interruption thereof, Landlord shall use reasonable diligence to resume services promptly. Landlord shall at all reasonable times have free access to all mechanical installations of the cost of Building, including but not limited to air conditioning equipment and vents, fans, ventilat and machine rooms and electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expensesclosets. “See Addendum

Utilities and Services. Provided that Tenant is not in default past any ---------------------- applicable cure period under this Lease, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services as described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth thereinan Exhibit. Landlord’s 's failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlord. Landlord shall not be responsible when such failure is caused by (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother cause beyond Landlord's reasonable control. In addition, Tenant shall not be entitled to any abatement or reduction of Rentrent by reason of such failure (whether such failure affects elevator or HVAC services or otherwise), no eviction of Tenant shall result from such failure, and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlordin the marketplace for the Use specified, Landlord may, at its option, may require Tenant to pay, as Additional Rentadditional rent, the cost, as determined cost incurred by Landlord, of such extraordinary usage, which cost shall be at the same rate paid by Landlord to the utility provider. In additionsuch case, Landlord may install: (a) shall install separate meter(s) for all or part of the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant thereafter shall pay all sub-metered utility charges of the utility providing such service and Landlord shall make a commensurate Operating Expenses adjustment to the Premises directly to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expense, in which case fact Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by is directly paying such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “metered charges.

Utilities and Services. (a) Landlord agrees to furnish shall furnish, or cause to be furnished to the Premises Premises, the utilities and services described in the Standards for Utilities and Services which are Exhibit C attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)all other services typically provided to tenants in similar projects, subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure therein and in this Lease. (b) Tenant agrees to furnish or cause cooperate fully at all times with Landlord and to be furnished any comply with all regulations and requirements which Landlord may from time to time reasonably prescribe for the use of the foregoing items shall not result utilities and services described herein and in any liability of Landlord. Exhibit C. Landlord shall not be responsible or liable to Tenant for the failure of any loss, damageother tenant, or expense its assignees, subtenants, employees, or their respective invitees, licensees, agents or other representatives to comply with such regulations and requirements. Landlord shall use commercially reasonable efforts to enforce the rules and regulations in a non-discriminatory manner. (c) If Tenant requires utilities or services in quantities greater than or at times other than that generally furnished by Landlord pursuant to Exhibit C. Tenant shall pay to Landlord within fifteen (15) days after receipt of a written statement therefor, Landlord's actual cost incurred for such use. In the event that Tenant may incur shall require additional electric current, water or gas for use in the Premises and if, in Landlord's reasonable 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 shall proceed to install the same at the sole cost of Tenant, payable upon demand in advance. 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 heating, air conditioning and/or cleaning services upon such reasonable terms and conditions as a result shall be determined by Landlord, including payment of Landlord's actual cost incurred therefor. In the case of any change additional utilities or services to be provided hereunder, Landlord may require a switch and metering system to be installed so as to measure the amount of utility servicesuch additional utilities or services. The cost of installation, including any change that makes the utility supplied less suitable for Tenant’s needsmaintenance and repair thereof shall be paid by Tenant upon demand. (d) Except as otherwise provided in this Lease, or for any failureLandlord shall not be liable for, interruption, stoppage, or defect in any utility service. In addition, and Tenant shall not be entitled to 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 reason (other than Landlord's negligence or misconduct), including, without limitation, when caused by accident, breakage, 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. Landlord shall be entitled to cooperate with the energy conservation efforts of governmental agencies or utility suppliers. Except as otherwise provided in this Lease or by Law, 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 shall result from and Tenant shall not be relieved from the performance of any obligation to perform any covenant or agreement in under this Lease by reason of any such change, failure, interruption, stoppage or defectLease. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall diligently use reasonable efforts to attempt to cause service to be resumed restore all services promptly. If Tenant requires No representation is made by Landlord with respect to the adequacy or utilizes more water fitness of the Building's ventilating, air conditioning or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant other systems to pay, maintain temperatures as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) be required for the Premises at operation of any data processing or other special equipment of Tenant’s sole cost and expense. Notwithstanding anything in this Paragraph 7 to the contrary, in which case Tenant thereafter shall pay all charges if an interruption or cessation of the a utility providing such service to the Premises directly from a cause within the reasonable control of Landlord 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) business days following the date Tenant delivers written notice to Landlord of such interruption and continuing until either such utility service to the purveyor thereof 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, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Except in the event of a constructive eviction under the Law, such right to ▇▇▇▇▇ Basic Annual Rent shall be Tenant's sole and exclusive remedy at law or in equity in the event of an interruption or cessation of a utility service to the Premises. (be) separate submeter(sLandlord reserves the right, with prior written notice to Tenant, from time to time to make reasonable and nondiscriminatory modifications to the above standards (including, without limitation, those described in Exhibit C) for the Premises at Tenant’s sole cost utilities and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “services.

Utilities and Services. Provided that Tenant is not in default hereunder, Landlord agrees agrees, during the Lease term, to furnish or cause to be furnished to the Premises the utilities and services described during those hours set forth in the Standards for Utilities Rules and Services which are attached hereto Regulations as Exhibit “E”defined in Paragraph 31 hereof, and incorporated herein as may be amended in writing by Landlord from time to time during the term of this reference (“Standards Lease and delivered to Tenant, reasonable quantities of electric current for Utilities normal lighting and Services”)reasonable numbers of fractional horsepower office machines, subject to the conditions water for lavatory and drinking purposes, heat and air conditioning required in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any judgment for the comfortable use and occupation of the foregoing items shall not result in any liability Premises, janitorial service (including washing of windows with reasonable frequency as determined by Landlord) and elevator service by non-attended automatic elevators. Landlord shall not be responsible or liable for any lossfor, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, and Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease rent by reason of Landlord’s failure to furnish any of the foregoing when such changefailure is caused by accident, failurebreakage, interruptionrepairs, stoppage strikes, lockouts or defect. In the event other labor disturbances or labor disputes of any character or interruption or cessation of utilities, including without limitation electrical power, attributable to the provider of such failure, interruption, stoppage utility or defect, Landlord shall diligently attempt the delivery system for such utility outside the Building and not under Landlord’s control; or for any other causes. Tenant is expected to cause service to be resumed promptly. If Tenant requires or utilizes more use water or electrical electric power than is as considered reasonable or normal by Landlord, industry standards for a full service gross office occupancy lease. Landlord may, at its option, require request Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord (but in no event less than the cost to Landlord), of such extraordinary usageincurred by usage that is proven to surpass reasonable industry standards. In addition, Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s sole cost and expense, in which case and Tenant thereafter shall pay all charges of the utility providing such service service. Landlord shall install and maintain at Landlord’s expense any fire protection equipment including, without limitation, emergency lighting as required by any governmental authority or insurer and if so required, Tenant shall appoint one of Tenant’s personnel to coordinate with the fire protection facilities and personnel of Landlord. Any Building Standard incandescent light bulbs used in the Premises directly to shall be paid for by Landlord and as included as part of operating costs. Upon Tenant’s request, Landlord’s personnel shall install Building Nonstandard incandescent light bulbs or other Building Nonstandard bulbs in the purveyor thereof or (b) separate submeter(s) for the Premises Premises, at Tenant’s sole cost expense. Tenant agrees to pay Landlord for the maintenance and expensecleaning of Building Nonstandard improvements including but not limited to metallic trim, in which case Tenant thereafter shall pay to Landlord upon demandwood floor covering, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each monthglass panels, as measured by such submeter(s)windows, partitions, kitchens and in either case, the cost of electrical power delivered to rentable space executive washrooms in the Building Premises. Unless Tenant makes such requests, Landlord shall not be responsible in any manner for said maintenance, cleaning and Project repair. Landlord shall be excluded from Operating Expenses. provide to Tenant the maintenance and services set forth on Exhibit “G,” attached hereto and incorporated herein by reference.

Utilities and Services. Landlord agrees Except as otherwise provided in the Addendum to furnish or cause 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 be the Premises. If Subtenant’s use of water, sewer and/or other utilities exceeds ordinary and customary usage levels, then Subtenant shall 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 pay the cost of all utilities and services furnished to the Premises the utilities and services described in the Standards or used by Subtenant. Sublessor shall not be liable for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish any utilities or cause services to the Premises when such failure results from causes beyond Sublessor’s reasonable control, and such failure shall neither be furnished 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, power, or the foregoing items shall not result in any liability reduction of Landlordautomobile emissions, Sublessor, at its reasonable discretion, may comply with such mandatory controls or voluntary guidelines and, accordingly, require Subtenant to so comply. Landlord Sublessor shall not be responsible or liable for damages to persons or property for any lossmandatory reduction, damagenor shall such mandatory reduction in any way be construed as a partial eviction of Subtenant; cause an abatement of rent, or expense that Tenant may incur as a result operate to release Subtenant from any of any change of utility service, including any change that makes the utility supplied less suitable for TenantSubtenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in obligations under this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “Sublease.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)"F", subject to the conditions and in ----------- accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's employees and/or agents which are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be provided by Landlord’s . Any such additional services will be provided to Tenant at Tenant's cost. Landlord will not be liable to Tenant for any failure to furnish or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs, damage(ii) strikes, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother cause beyond Landlord's reasonable control. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be entitled to any abatement or reduction of Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing such service and Landlord will make an appropriate adjustment to the Premises directly Tenant's Operating Expenses calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall will remain obligated to pay its proportionate share of Operating Expenses subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)EXHIBIT "F", subject to the conditions and in accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's employees and/or agents which are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be provided by Landlord’s . Any such additional services will be provided to Tenant at Tenant's cost. Except to the extent of the gross negligence or willful misconduct of Landlord or its agents or contractors, Landlord will not be liable to Tenant for any failure to furnish or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother cause beyond Landlord's reasonable control. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be entitled to any abatement or reduction of Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal set forth in EXHIBIT "F" as reasonably determined by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing such service and Landlord will make an appropriate adjustment to the Premises directly Tenant's Operating Expenses calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall will remain obligated to pay its proportionate share of Operating Expenses subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.

Utilities and Services. (a) Landlord agrees to furnish shall furnish, or cause to be furnished to the Premises Premises, the utilities and services described in the Standards for Utilities and Services which are Exhibit C attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)hereto, subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure therein and in this Lease. (b) Tenant agrees to furnish or cause cooperate fully at all times with Landlord and to be furnished any comply with all non-discriminatory regulations and requirements which Landlord may from time to time prescribe for the use of the foregoing items shall not result utilities and services described herein and in any liability of Landlord. Exhibit C. Landlord shall not be responsible or liable to Tenant for the failure of any loss, damageother tenant, or expense its assignees, subtenants, employees, or their respective invitees, licensees, agents or other representatives to comply with such regulations and requirements. (c) If Tenant requires utilities or 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 therefor, Landlord’s actual and reasonable charge for such use. In the event that Tenant may incur 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, and Tenant does not withdraw its request within ten (10) days of written notice of such additional installations, Landlord shall proceed to install the same at the sole cost of Tenant, payable upon demand in advance. 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 a result shall be determined by Landlord, including payment of Landlord’s charge therefor. As of the Date of this Lease, Landlord’s current charge for “after-hours” heating and air conditioning is $ per hour. In the case of any change additional utilities or services to be provided hereunder, Landlord may require a switch and metering system to be installed so as to measure the amount of utility servicesuch additional utilities or services. The cost of installation, including any change that makes the utility supplied less suitable for Tenant’s needsmaintenance and repair thereof shall be paid by Tenant upon demand. (d) Landlord shall not be liable for, or for any failure, interruption, stoppage, or defect in any utility service. In addition, and Tenant shall not be entitled to to, any damages, abatement or reduction of Rent, no or other liability by reason of any failure to furnish any services or utilities described herein or in Exhibit C for any reason (other than Landlord’s gross negligence or willful misconduct), including, without limitation, when caused by accident, breakage, 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. Landlord shall be entitled to cooperate with the energy conservation efforts of governmental agencies or utility suppliers. 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 shall result from and Tenant shall not be relieved from the performance of any obligation to perform any covenant or agreement in under this Lease by reason of any such change, failure, interruption, stoppage or defectLease. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall diligently use reasonable efforts to attempt to cause service to be resumed restore all services promptly. If Tenant requires No representation is made by Landlord with respect to the adequacy or utilizes more water fitness of the Building’s ventilating, air conditioning or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant other systems to pay, maintain temperatures as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) be required for the Premises at operation of any computer, data processing or other special equipment of Tenant’s sole cost and expense. Tenant hereby waives any 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 which case Tenant thereafter shall pay all charges this Paragraph 7 to the contrary, if an interruption or cessation of the a utility providing such service to the Premises directly from a cause within the reasonable control of Landlord 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 purveyor thereof Premises is restored or (b) separate submeter(s) the Premises is again usable for the conduct of Tenant’s business. If, however, Tenant reoccupies any portion of the Premises at 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, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Such right to ▇▇▇▇▇ Basic Annual Rent shall be Tenant’s sole cost and expense, exclusive remedy at law or in which case Tenant thereafter shall pay to Landlord upon demand, equity in the event of an amount equal interruption or cessation of a utility service to the Actual Electrical Costs Premises. (defined herein belowe) 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 all electrical energy delivered during each month, as measured by such submeter(s), utilities and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “services.

Utilities and Services. Landlord agrees 16.1 Tenant shall pay for all water (including the cost to furnish or cause to be furnished service, repair and replace reverse osmosis, deionized and other treated water), gas, heat, light, power, telephone and other utilities supplied to the Premises the Demised Premises, together with any fees, surcharges and taxes thereon. All such utilities and services described in the Standards for Utilities and Services which are attached hereto shall be separately metered to Tenant as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlord. Term Commencement Date. 16.2 Landlord shall not be responsible liable for, nor shall any eviction of Tenant result from, the failure to furnish any such utility or liable for any lossservice whether or not such failure is caused by accident, damagebreakage, repairs, strikes, lockouts or expense that Tenant may incur as a result other labor disturbances or labor disputes of any change character, governmental regulation, moratorium or other governmental action, inability despite the exercise of utility service, including reasonable diligence or by any change that makes other cause except the utility supplied less suitable for Tenant’s needs, willful misconduct or for any failure, interruption, stoppage, or defect in any utility servicethe gross negligence of Landlord. In additionthe event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not nor be relieved from the performance operation of any covenant or agreement of this Lease. 16.3 Tenant shall pay directly to the applicable utility or service provider, prior to delinquency, for any separately metered utilities and services which may be furnished to Tenant or the Demised Premises during the Term. 16.4 Tenant shall not, without the prior written consent of Landlord, which shall not be unreasonably withheld, use any device in this Lease the Demised Premises, including, but without limitation, data processing machines, which will in any way increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond that for which the Demised Premises are reasonably designed as of the Term Commencement Date. 16.5 Provided that Landlord shall furnish Tenant with notice whenever reasonably possible, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when necessary, by reason of any such changeaccident or emergency or for repairs, failurealterations or improvements, interruptionin the good faith judgment of Landlord desirable or necessary to be made, stoppage until said repairs, alterations or defect. In the event 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 strike or accident, or by laws, rules, order, ordinances, directions, regulations or requirements of any such failurefederal, interruptionstate, stoppage country or defectmunicipal authority or failure to deliver gas, oil or other suitable fuel supply or inability by exercise of reasonable diligence to obtain gas, oil or other suitable fuel. 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 deemed breached if Landlord shall diligently attempt is unable to furnish or perform the same by virtue of a strike or labor trouble or any other cause service to be resumed promptlywhatsoever. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Notwithstanding the foregoing, Landlord, Landlord mayin exercising its rights hereunder, at its option, require Tenant shall use commercially reasonable efforts to pay, as Additional Rent, minimize any disruption to or interference with the cost, as determined by Landlord, conduct of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “'s business.

Utilities and Services. Landlord agrees Provided that Tenant is not in default under this Lease, Land▇▇▇▇ ▇▇▇ees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are Services, attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)EXHIBIT "D", subject to the conditions and in accordance with the standards set forth therein. Landlord’s 's failure to furnish or cause to be furnished any of the foregoing items when such failure is caused by (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or by (v) any other cause beyond Landlord's reasonable control, shall not result in any liability of to Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant tenant shall not be entitled to any abatement or reduction of Rentrent by reason of such failure, no eviction of Tenant shall result from such failure and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, . Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s Landlord's -------- sole cost and expense, in which case and Tenant thereafter shall pay all charges of the utility providing such service and Landlord shall make an appropriate adjustment to the Premises directly to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expense, in which case fact Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by is directly paying such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “metered charges.

Utilities and Services. Landlord agrees to furnish or cause to be furnished Lessee shall pay for all commercially reasonable amounts of water, gas, heat, light, power supplied to the Premises Premises, together with any taxes thereon. Notwithstanding the utilities and services described provisions of Section 4, if at any time in Lessor’s sole judgment, Lessor determines that Lessee is generating such a large volume of trash as to require an increase in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any size of the foregoing items shall not result trash receptacle and/or an increase in any liability the number of Landlordtimes per month that it is emptied, then Lessor may increase Lessee’s Base Rent by an amount equal to such increased costs. Landlord Lessor shall not be responsible or liable in any respect whatsoever (other than providing the equitable abatement of rent) for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruptioninadequacy, stoppage, interruption or defect in discontinuance of any utility serviceor service due to riot, strike, labor dispute, breakdown, accident, repair or other cause beyond Lessor’s reasonable control or in cooperation with governmental request or directions. In addition, Tenant shall not be entitled Notwithstanding anything to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement contrary contained in this Lease by reason of any such changeLease, failure, interruption, stoppage or defect. In in the event of any interruption in any utility service due to the negligence or willful misconduct of Lessor, its agents, employees or contractors, which interruption renders the Premises wholly or partially unusable for the reasonable operation of Lessee’s business therein for a period of forty-eight (48) consecutive hours, Rent shall thereafter equitably ▇▇▇▇▇ during such failure, interruption, stoppage or defect, Landlord shall diligently attempt period in proportion to cause service the degree to be resumed promptlywhich Lessee’s use of the Premises is impaired. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord mayLessee, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises sole option and discretion and at TenantLessee’s sole cost and expense, in which case Tenant thereafter shall pay all have the right to install separate check meters to measure utilities actually consumed at the Premises, and if Lessee does so, from and after the date of such installation, Lessee’s utility charges shall be based upon actual consumption of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, utilities as measured by such submeter(sLessee’s check meter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “.

Utilities and Services. Provided that Tenant is not in default hereunder, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described during those hours ("regular business hours") set forth in the Standards Rules and Regulations as defined in Paragraph 30 hereof, as may be amended in writing by Landlord from time to time during the term of this Lease and delivered to Tenant, reasonable quantities of electric current for Utilities normal lighting (not to exceed 1.65 ▇▇▇▇▇ per square foot of rentable area in the Premises) and Services which are attached hereto fractional horsepower office machines, water for lavatory and drinking purposes in the Common Area facilities, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, janitorial service (including washing of windows with reasonable frequency as Exhibit “E”determined by Landlord), and incorporated herein elevator service by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlordnonattended automatic elevators. Landlord shall not be responsible or liable for any lossfor, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, and Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease rent by reason of Landlord's failure to furnish any of the foregoing when such changefailure is caused by accident, failurebreakage, interruptionrepairs, stoppage strikes, lockouts or defect. In the event other labor disturbances or labor disputes of any such failurecharacter, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptlyfor any other causes. If Tenant requires or utilizes more water or electrical electric power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. Tenant shall pay Landlord on demand, as additional rent, at rates reasonably established by Landlord, for any heat, air conditioning or other such service provided to Tenant during hours other than regular business hours. In addition, Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant thereafter shall pay all charges of the utility providing service and Landlord shall make an appropriate adjustment to account for the fact that Tenant is directly paying such service metered charges. Tenant specifically undertakes to install and maintain at Tenant's cost such fire protection equipment including, without limitation, emergency lighting as required by any governmental authority or insurer, and if so required Tenant shall appoint one of Tenant's personnel to coordinate with the fire protection facilities and personnel of Landlord. Any light bulbs used in the Premises directly other than those typically supplied by Landlord throughout the Building shall be purchased and installed by Tenant. Tenant shall maintain, clean and repair any and all Building "Non-Standards" (as defined in Exhibit "C" hereto) including but not limited to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost metallic trim, wood floor covering, glass panels, windows, partitions, kitchens and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space executive washrooms in the Building Premises. Landlord shall not be responsible in any manner for said maintenance, cleaning and Project shall be excluded from Operating Expenses. “repair.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), EXHIBIT "F" subject to the conditions and in accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's employees and/or agents which are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be provided by Landlord’s , Any such additional services will be provided to Tenant at Tenant's cost. Landlord will not be liable to Tenant for any failure to furnish or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes other cause beyond Landlord's reasonable control, in addition, in the utility supplied less suitable for Tenant’s needs, event of any stoppage or for any failure, interruption, stoppage, interruption of services or defect in any utility service. In additionutilities, Tenant shall not be entitled to any abatement or reduction of Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing such service and Landlord will make an appropriate adjustment to the Premises directly Tenant's Operating Expenses calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall will remain obligated to pay its proportionate share of Operating Expenses subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.

Utilities and Services. A. Landlord agrees to shall furnish or cause to be furnished to the Premises, during reasonable hours determined by Landlord and subject to applicable laws and the rules and regulations of the Building, electricity suitable for general office use (provided, however, that Tenant shall not at any time have a connected electrical load for lighting purposes in excess of one watt per square foot of the Premises or a connected load for all other power requirements in excess of two ▇▇▇▇▇ per square foot of the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”Premises, and incorporated herein by this reference (“Standards for Utilities and Services”further provided that Tenant will comply with all directives of Landlord related to energy conservation), subject janitorial service, building heating and elevator service. Tenant agrees at all times to cooperate fully with Landlord and to abide by all the conditions regulations and in accordance with requirements which Landlord may prescribe for the standards set forth therein. proper functioning and protection of the Building’s heating systems if any. B. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of any amounts owing hereunder by reason of Landlord’s failure to furnish or cause to be furnished any of the foregoing items utilities and/or services when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord including, without limitation, any governmental energy conservation program, and any such failure shall not result in any liability of Landlord. Landlord shall not constitute or be responsible or liable for any loss, damage, or expense that Tenant may incur construed as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, constructive or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no other eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defectTenant. In the event any governmental entity promulgates or revises any law applicable to the Building, or any part thereof, relating to the use or conservation of energy, water, gas, light, or electricity, or relating to the reduction of automobile or other emissions, or the provision of any other utility or service provided with respect to this Lease, or in the event Landlord makes improvements to the Building or any part thereof in order to comply with such failurea law, interruption, stoppage whether the law is mandatory or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlordvoluntary, Landlord may, at in its optionsole discretion, require comply with such law or make such improvements to the Building or any part thereof related thereto. Such compliance and the making of such improvements shall in no event entitle Tenant to payany damages, relieve Tenant of the obligation to pay Rent or any other amounts reserved or payable hereunder, or constitute or be construed as a constructive or other eviction of Tenant. C. Landlord makes no representation regarding the adequacy or fitness of the heating or ventilation equipment in the Building to maintain temperatures that may be required for any equipment of Tenant, and Landlord shall have no liability for damage suffered by Tenant or others in connection therewith. Wherever, as Additional Rentthe result of (i) the heat-generating machines or equipment; (ii) the lights; (iii) the occupancy of the Premises by more than one person per 100 square feet of net rentable area therein; (iv) an electrical load for lighting or power in excess of the limits per square foot of the Premises specified herein; or (v) any rearrangement of partitioning or other improvements, the costBuilding heating and ventilation system supplied by Landlord is affected, Landlord shall have the right (but not the obligation) to install or cause the installation of supplementary heating and ventilation units or other equipment in the Premises. On demand, Tenant shall pay for all such supplementary services and utilities, and shall pay the costs of installation and maintenance of such supplementary equipment. D. Tenant will not operate its business in such a way or use any apparatus or device as determined will increase the amount of electricity or water usually furnished or supplied by Landlord for the purpose of using the Premises for general office use during regular business hours, or connect with electric current, except through existing electrical outlets in the Premises, or connect with water pipes, any apparatus or device for the purpose of using electric current or water. If Tenant shall require water or electric current in excess of that customarily furnished or supplied to other tenants of the Building for use of their premises for general office purposes during regular business hours, Tenant shall first procure the consent of Landlord, of such extraordinary usage. In additionwhich Landlord in its sole discretion may refuse, to the use thereof, and Landlord may install: (a) separate meter(s) for cause an electric-current or water meter to be installed in the Premises at so as to measure the amount of excess electric current or water so consumed by Tenant’s sole cost . The costs of any such meter and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service installation and maintenance thereof shall be borne by Tenant. Tenant agrees to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord promptly upon demandnotice thereof the costs of all such excess water and electric current consumed, an amount equal as shown by said meters, at the highest marginal rates charged Landlord for such services by the local public utility furnishing the same, plus any additional expense incurred by Landlord in providing such excess current and/or keeping account of the excess electric current or water so consumed. E. Tenant acknowledges that during non-business hours, weekends and Building holidays, as the same may be designated by Landlord from time to time, public access to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each monthBuilding may be limited and heating, as measured by such submeter(s), janitorial and in either case, the other normal building services will not be provided or may be provided on a limited or “additional cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “tenant” basis.

Utilities and Services. 17.1 Landlord agrees during the Lease Term to furnish or cause to be furnished to the Premises Monday through Friday, 8:00 a.m. through 7:00 p.m., holidays excepted, reasonable quantities of 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 utilities comfortable use and services described occupancy of the Premises (which amounts shall be materially consistent with the amounts being provided by landlords of comparable buildings in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”San Francisco South of Market area), subject to janitorial service (including washing the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any exterior of the foregoing items shall not result windows of the Premises on a frequency reasonably determined by Landlord consistent with similar buildings) and elevator service by non attended automatic elevators. Except as provided in any liability of Landlord. Paragraph 17.2 below, Landlord shall not be responsible or liable for any lossfor, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, and Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease rent by reason of Landlord’s failure to furnish any of the foregoing when such changefailure is caused by accident, failurebreakage, interruptionrepairs, stoppage strikes, lockouts or defect. In the event other labor disturbances or labor disputes of any character, or for other causes beyond Landlord’s reasonable control. Landlord’s cost of providing such failureservices shall be part of Operating Expenses. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, interruption, stoppage ordinance or defect, Landlord shall diligently attempt governmental regulation permitting the termination of this Lease due to cause service the interruption or failure of or inability to provide any services required to be resumed promptlyprovided by Landlord hereunder. If Tenant requires or utilizes materially more water water, electric power or electrical power other utility service than is considered reasonable or normal by Landlordtypical for general office purposes, which the parties agree shall be 6.0 ▇▇▇▇▇ per square foot (3.5 ▇▇▇▇▇ for wall receptacles, 2.5 ▇▇▇▇▇ for desk top computers and peripherals), Landlord may, may at its option, require Tenant to paypay as additional rent the cost as reasonably estimated by Landlord incurred by such additional or extraordinary usage. In the event Tenant requires HVAC service to the Premises outside of the business hours specified above, Tenant shall pay to Landlord as additional rent the sum of $85.00 per hour for each hour of occupancy outside of the business hours specified above to reimburse Landlord for the electricity costs to operate the HVAC; provided , however, that in the case where Tenant and one or more other tenants shall order after-hours HVAC, the cost payable by Tenant shall be prorated to reflect the area of that portion of the Premises so served and the area of the other tenants’ premises served. Electrical power required in connection with any special air conditioning installed for a “computer room” in the Premises or electric power otherwise required in connection with any such “computer room” shall be considered extraordinary and Tenant shall be charged therefor as and to the extent provided in Paragraph 1.8 above. Tenant shall additionally be responsible for the payment of all electrical costs associated with the studio portion of the Premises, but only to the extent such usage exceeds the electrical consumption which would occur were the studio portion of the Premises devoted to general office use, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usagedefined above. In addition, Landlord may install: (a) may, but shall not be required to, install separate meter(s) for the Premises Premises, or advisory meters, at Tenant’s sole cost and expense, in which case and Tenant thereafter shall pay all charges in excess of the cost of normal office use of such services and Tenant shall not be charged for any share of Operating Expenses with respect to, and to the extent that Tenant pays for, the services that are separately metered. All charges levied against Tenant for extraordinary utility providing usage, or usage outside the business hours specified above, shall be due and payable thirty (30) days after receipt by Tenant of Landlord’s written invoice detailing such service charges. Any incandescent light bulbs used in the Premises shall be paid for by the Tenant. Upon Tenant’s request, Landlord’s personnel shall install incandescent light bulbs or other Building Nonstandard bulbs in the Premises. Tenant agrees to pay Landlord, within thirty (30) days after receipt by Tenant of Landlord’s written invoice detailing such charges, Landlord’s cost for the maintenance and/or replacement, as applicable, of all such incandescent light bulbs installed or other Building Nonstandard lighting fixtures. Landlord shall provide Tenant access to the Premises directly on a twenty-four (24) hour per day, seven (7) days per week basis, subject to events beyond Landlord’s reasonable control. 17.2 Notwithstanding anything to the purveyor thereof contrary set forth in this Lease, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (a) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform as required by this Lease, which substantially interferes with Tenant’s use of the Premises, (b) separate submeter(sany failure to provide services, utilities or access to the Premises as required by this Lease, (c) any other event which is not the result of Tenant’s default hereunder or the negligence or willful misconduct of Tenant or any Tenant Party (any such set of circumstances as set forth in items (a), (b) or (c), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), the Base Rent and Operating Rent, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, the Premises at or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises 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 Base Rent and Operating Rent for the entire Premises and Tenant’s obligation to pay for parking shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the 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, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Such right to ▇▇▇▇▇ Base Rent and Operating Rent, and Tenant’s obligation to pay for parking shall be Tenant’s sole cost and expenseexclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as provided in this Section 19.5.2, in which case nothing contained herein shall be interpreted to mean that Tenant thereafter is excused from paying Rent due hereunder. 17.3 If, as a result of an Abatement Event, Tenant is prevented from using, and does not use, the Premises, for a continuous period of six (6) months after Landlord’s receipt of an applicable Abatement Event notice, then Tenant shall pay have the right to terminate this Lease by notice to Landlord upon demand(the “Abatement Event Termination Notice”), an amount equal effective as of a date set forth in the Abatement Event Termination Notice (the “Abatement Event Termination Date”), which Abatement Event Termination Date shall not be less than ten (10) business days following the date such Abatement Event Termination Notice was delivered to Landlord. Notwithstanding anything set forth to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each monthcontrary in this Section 17.3, as measured by such submeter(s), Tenant shall have the right to terminate this Lease under this Section 17.3 only if Tenant is not then in economic or material non-economic default under this Lease beyond any applicable notice and cure period expressly set forth in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “this Lease.

Utilities and Services. (a) Provided that Tenant is not in default hereunder, Landlord agrees to furnish shall furnish, or cause to be furnished to the Premises Premises, the utilities and services described in the Standards for Utilities and Services which are Exhibit C attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)hereto, subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure therein and in this Lease. (b) Tenant agrees to furnish or cause cooperate fully at all times with Landlord and to be furnished any comply with all regulations and requirements which Landlord may from time to time prescribe for the use of the foregoing items shall not result utilities and services described herein and in any liability of Landlord. Exhibit C. Landlord shall not be responsible or liable to Tenant for the failure of any loss, damageother tenant, or expense its assignees, subtenants, employees, or their respective invitees, licensees, agents or other representatives to comply with such regulations and requirements. (c) If Tenant requires utilities or 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 therefor, Landlord’s charge for such use. In the event that Tenant may incur 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 shall proceed to install the same at the sole cost of Tenant, payable upon demand in advance. 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 a result shall be determined by Landlord, including payment of Landlord’s charge therefor. In the case of any change additional utilities or services to be provided hereunder, Landlord may require a switch and metering system to be installed so as to measure the amount of utility servicesuch additional utilities or services. The cost of installation, including any change that makes maintenance and repair thereof shall be paid by Tenant upon demand. Notwithstanding the utility supplied less suitable for Tenant’s needsforegoing, or for any failure, interruption, stoppage, or defect in Landlord shall have the right to contract with any utility service. In additionprovider it deems appropriate to provide utilities to the Project. (d) Landlord shall not be liable for, and Tenant shall not be entitled to to, any damages, abatement or reduction of Rent, no or other liability by reason of any failure to furnish any services or utilities described herein or in Exhibit C for any reason (other than Landlord’s sole 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. Landlord shall be entitled to cooperate with the energy conservation efforts of governmental agencies or utility suppliers. 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 shall result from and Tenant shall not be relieved from the performance of any obligation to perform any covenant or agreement in under this Lease by reason of any such change, failure, interruption, stoppage or defectLease. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall diligently use reasonable efforts to attempt to cause service to be resumed restore all services promptly. If 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 requires hereby waives the provisions of California Civil Code Section 1932(1) or utilizes more water any other applicable existing or electrical power than is considered future law, ordinance or governmental regulation permitting the termination of this Lease due to an interruption, failure or inability to provide any services. (e) Landlord reserves the right from time to time to make reasonable or normal by Landlordand nondiscriminatory modifications to the above standards (including, Landlord maywithout limitation, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(sthose described in Exhibit C) for the Premises at Tenant’s sole cost utilities and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “services.

Utilities and Services. Landlord agrees to furnish or cause to be furnished to the Premises the utilities ---------------------- during reasonable hours of generally recognized business days, and services described as is customary and usual for general office usages in like and comparable building in the Standards Financial District in San Francisco, as determined by Landlord, electricity for Utilities building-standard lighting and Services which are attached hereto as Exhibit “E”for normal fractional horsepower office machines, including personal computers and printers, fax machines and office copiers, heating, air conditioning and ventilation required in Landlord's judgment for the comfortable use and occupation of the Premises, elevator and janitorial service, and incorporated herein by this reference (“Standards water for Utilities lavatory and Services”)drinking purposes. Landlord shall also maintain and keep lighted the common stairs, subject common entries and toilet rooms in the common areas of the Building. Landlord's operation and delivery of services to the conditions Building and the Premises shall be in accordance a manner reasonably consistent with other comparable office buildings located in the standards City and County of San Francisco. Except as otherwise expressly set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlord. herein, Landlord shall not be responsible or liable for any lossfor, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, and Tenant shall not be entitled to any abatement of Rent by reason of, Landlord's failure to furnish any of the services or reduction utilities described above when such failure is caused by acts of RentGod, no eviction accident, breakage, repairs, strikes, lockouts or other labor disturbances or disputes of Tenant shall any character, unavailability of materials or labor, or by any other cause similar or dissimilar, beyond the reasonable control of Landlord, or by rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, or the making of repairs, alterations or improvements to the Premises or Building whether or not any of the above result from acts or omissions of Landlord. Furthermore, Landlord shall not be liable under any circumstances for a loss of or injury to property or for injury to or interference with Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing services or utilities, except to the extent such loss, injury, or interference is caused by the gross negligence or willful misconduct of Landlord. Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or of suppliers of utilities in reducing energy or other resources consumption, and Tenant shall not be relieved from of its obligation to pay the performance of any covenant or agreement in this Lease full Rent by reason of any such change, failure, interruption, stoppage or defectthereof. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt also have the exclusive right, but not the obligation, to cause service to provide any additional services which may be resumed promptly. If required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, delivery services, additional repair and maintenance, provided that Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demandbilling the sum of all costs to Landlord of such additional services, an amount equal plus a ten percent (10%) administration fee. Tenant shall not, without Landlord's prior written consent, use heat- generating machines other than normal fractional horsepower office machines, or 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. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s)Premises, and in either casethe reasonable 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 within ten (10) business days of billing by Landlord. Such cost shall include the cost of electrical power delivered metering or surveying necessary to determine the additional charges by reason of Tenant's off-hours or additional use of utilities or services, for the use of non-standard machines, equipment or lighting, and because of the carelessness of Tenant or the nature of Tenant's business. Tenant shall not, without Landlord's prior written consent, install lighting or equipment which would cause the electric current requirements of the Premises to exceed at any time three and one-half (3.5) ▇▇▇▇▇ per square foot of net rentable space area of the Premises. If such consent is given, Tenant shall pay to Landlord upon billing for the cost of such excess consumption. In the event any governmental entity promulgates or revises any statute, ordinance or building, fire or other code or imposes mandatory controls or guidelines on Landlord or the Building or any part thereof, relating to the use or conservation of energy, water, gas, light or electricity or other emissions or the provision of any other utility or service provided with respect to this Lease, or in the event Landlord is required or elects to make alterations to the Building in order to comply with such mandatory controls or guidelines, Landlord may, in its sole discretion, comply with such mandatory controls or guidelines or make such alterations to the Building related thereto. Such compliance and Project the making of such alterations shall in no event entitle Tenant to any damages, relieve Tenant of the obligation to pay the full Annual Rent and additional rent reserved hereunder or constitute or be constituted as a constructive or other eviction of Tenant, provided, however, that Tenant shall be excluded from Operating Expenses. “entitled to an abatement of rent should such compliance and such alterations prevent Tenant's use and occupancy of the Premises for any period of time exceeding ten (10) days continuously.

Utilities and Services. 19.1 Tenant shall pay to Landlord, each month as Additional Rent, the Electric Payment Amount. The Electric Payment Amount shall be increased to the extent that Tenant’s usage or the cost to Landlord agrees of providing electricity increases over the Base Year. In addition, and notwithstanding anything in this Section 19 to furnish the contrary, to the extent (a) the same exceed the Base Year costs, (b) the same are incurred for Tenant’s activities in the Premises outside of Business Hours or cause (c) Tenant is otherwise liable therefor pursuant to be furnished this Section 19, Tenant shall pay for all gas, heat and other utilities supplied to the Premises the utilities (provided that light and services described power are included in the Standards for Utilities Electric Payment amount, as the same may be increased pursuant to this lease), together with any fees, surcharges and Services which are attached hereto as Exhibit taxes thereon (each a “E”Utility” collectively, and incorporated herein by this reference (the “Standards for Utilities and ServicesUtilities”). If any such Utility is not separately metered to Tenant, subject to the conditions extent the same exceed the Base Year costs, Tenant shall pay a reasonable proportion (to be determined by Landlord) of all charges of such Utility jointly metered with other premises as part of Tenant’s Operating Expense Obligation or, in the alternative, Landlord may, at its option, monitor the usage of such Utilities by Tenant and in accordance charge Tenant with the standards set forth therein. Landlord’s failure to furnish or cause to cost of purchasing, installing and monitoring such metering equipment, which cost shall be furnished any of the foregoing items shall not result in any liability of Landlord. paid by Tenant as Additional Rent. 19.2 Landlord shall not be responsible liable for, nor shall any eviction of Tenant result from the failure to furnish any such utility or liable for any lossservice, damagewhether or not such failure is caused by accident; breakage; repair; force of nature; act of God; act of terrorism; strike, lockout or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; governmental regulation, moratorium or other governmental action; or Landlord’s inability, despite the exercise of utility servicereasonable diligence or by any other cause, including Landlord’s gross negligence, to furnish any change that makes the such utility supplied less suitable for Tenant’s needsor service (collectively, or for any failure, interruption, stoppage, or defect in any utility service“Force Majeure”). In additionthe event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of nor shall Tenant shall result from and Tenant shall not be relieved from the performance operation of any covenant or agreement of this Lease. 19.3 Tenant shall pay for, prior to delinquency of payment therefor, any Utilities and services that may be furnished to the Premises during (to the extent Tenant is liable therefor under this Section 19) or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 19.4 Tenant shall not, without Landlord’s prior written consent, use any device in this Lease the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.2 or (b) exceed Tenant’s Pro Rata Share of the capacity to provide such utilities or services. 19.5 If Tenant shall require Utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of any 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 changeexcess Utilities or services, failureand Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. 19.6 Utilities and services provided by Landlord to the Premises shall be paid by Tenant directly to the supplier of such Utility or service, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, except as this Lease expressly provides. 19.7 Landlord shall diligently attempt to cause service to be resumed promptly. If provide water in Common Areas for lavatory purposes only; provided, however, that if Landlord determines that Tenant requires requires, uses or utilizes more consumes water or electrical power for any purpose other than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In additionordinary lavatory purposes, Landlord may install: (a) separate meter(s) install a water meter and thereby measure Tenant’s water consumption for all purposes. Tenant shall pay Landlord for the Premises costs of such 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 replace the same and shall collect the costs therefor from Tenant. Tenant agrees to pay for water consumed, as shown on said 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 hereinabove stated, shall be deemed to be Additional Rent payment by Tenant and collectible by Landlord as such. 19.8 Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, 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. 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 deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. 19.9 Subject to the provisions of this Article 19, Landlord shall furnish the electric energy that Tenant shall reasonably require in the Premises for the purposes permitted under this Lease. Except for electric energy required to operate motors on the air handlers providing HVAC (the “HVAC Electric”), such electric energy shall be furnished through a meter or meters and related equipment, installed, serviced, maintained, monitored, and as appropriate from time to time upgraded by Landlord at Tenant’s expense, measuring the amount of electric energy furnished to the Premises. Tenant shall pay for electric energy (for which it is liable for payment under this Section 19) in accordance with Section 19.1 and Article 51 within ten (10) days after receipt of any bills related thereto. The amount charged for electric energy furnished to the Premises, excluding HVAC Electric (“Basic Electric”) shall be 105% of Landlord’s cost 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 Landlord 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 which case Tenant thereafter shall pay all charges its sole discretion, install or eliminate, or increase or reduce the number of, such meters or vary the portions of the utility providing Premises which they serve or replace any or all of such service meters. 19.10 If pursuant to any Applicable Laws, the charges to Tenant pursuant to Section 19.9 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 Building. 19.11 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 directly by reason of any requirement, act or omission of the public utility serving the Building with electric energy or for any other reason not attributable solely to Landlord’s willful misconduct or gross negligence. 19.12 Landlord shall furnish and install all replacement lighting tubes, lamps, bulbs and ballasts required in the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost Premises, and expense, in which case Tenant thereafter shall pay to Landlord or its designated contractor upon demand, an amount equal to demand the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each monththen established charges therefor of Landlord or its designated contractor, as measured the case may be. Tenant may elect, by written notice to Landlord, to furnish and install such submeter(s)replacement lighting tubes, lamps, bulbs and ballasts. 19.13 Tenant’s use of electric energy in either casethe 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 Building’s distribution of electricity via the Building’s electric system, the cost Tenant shall not, without Landlord’s prior consent in each instance (which shall not be unreasonably withheld, based upon availability of electrical power delivered to rentable space electric energy in the Building and Project as allocated by Landlord to various areas of the Building) connect any fixtures, appliances or equipment (other than normal business machines) to the Building’s electric system or make any alterations or additions to the electric system of the Premises existing on the date hereof. Should Landlord grant such consent, all additional risers, distribution cables, or other equipment required therefor shall be excluded provided by Landlord and the cost thereof shall be paid by Tenant to Landlord on demand (or, at Tenant’s option, shall be provided by Tenant pursuant to plans and contractors approved by Landlord, and otherwise in accordance with the provisions of the Lease). Landlord shall have the right to require Tenant to pay sums on account of such cost prior to the installation of any such risers or equipment. 19.14 If required by any Applicable Laws, 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 19.9 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 Expenses. “Expense, amortized on a straight line basis over the useful life of the items in question, as reasonably determined by Landlord).

Utilities and Services. Tenant shall arrange for all telephone, water, gas, electricity and other power and utilities which it shall require in connection with its use or occupancy of the Premises and shall pay for the same, together with any taxes, penalties, surcharges or the like pertaining thereto. In addition, Landlord agrees shall have no obligation to furnish any utilities or cause to be furnished services to the Premises or any equipment providing for the utilities same. Without limitation, Tenant shall be solely responsible for providing such heating, ventilation and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference air conditioning (“Standards HVAC”) to the Premises as Tenant shall require for Utilities and Services”), the comfortable occupancy thereof. Any equipment or systems which Tenant shall require in order to supply HVAC shall be subject to the conditions provisions of Section 9 above. Tenant shall obtain, at its expense all electric light bulbs, ballasts and in accordance with tubes as it shall require for the standards set forth thereinPremises. Landlord’s failure to furnish or cause to be furnished If any of the foregoing items shall utilities or services are not result in any liability of Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for separately metered to Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered pay a reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, the costproportion, as determined by Landlord, of such extraordinary usageall charges jointly serving the Premises and other premises. In additionLandlord shall not be liable for any damages directly or indirectly resulting from nor shall the Base Rent, Operating Expenses or any other monies owed by Tenant to Landlord may install: under this Lease be abated or reduced by reason of (a) separate meter(s) for the Premises at Tenant’s sole cost and expenseinstallation, use or interruption of use of any equipment used in which case Tenant thereafter shall pay all charges connection with the furnishing of any of the utility providing such service to the Premises directly to the purveyor thereof or foregoing utilities and services, (b) separate submeter(sfailure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or (c) for 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 at Tenant’s sole cost or the Real Property. Landlord shall be entitled to cooperate voluntarily and expensein a reasonable manner with the efforts of national, state or local government agencies or utility suppliers in which case Tenant thereafter reducing energy or other resource consumption. The obligation to make services available hereunder shall pay to Landlord upon demand, an amount equal be subject to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each monthlimitations of any such voluntary, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “reasonable program.

Utilities and Services. Landlord agrees 16.1 To the extent such items are not included in Operating Expenses, Tenant shall pay for all water, (including the cost to furnish or cause to be furnished to the Premises the service, repair, replace and operate any reverse osmosis and/or deionized water systems and other treated water) gas, heat, light, power, telephone, janitorial service, refuse collection, hazardous material collection and other utilities and services described supplied to the Demised Premises, together with any taxes thereon. Tenant shall also pay for the cost to service, repair, relocate, replumb, replace and operate any gas or liquid distribution systems servicing the Demised Premises including any located in the Standards for Utilities Building but outside the Demised Premises. If any such utility is not separately metered to Tenant, Tenant shall pay a reasonable proportion based upon its use of such utility to be determined by Landlord of all charges jointly metered with other premises or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance charge Tenant with the standards set forth therein. Landlord’s failure to furnish or cause to cost of purchasing, installing and monitoring such metering equipment, which shall be furnished any of the foregoing items shall not result in any liability of Landlord. paid by Tenant as Additional Rent. 16.2 Landlord shall not be responsible or liable for nor shall any losseviction of Tenant result from the failure to furnish any such utility or service whether or not such failure is caused by accident, damagebreakage, repairs, strikes, lockouts or expense that Tenant may incur as a result other labor disturbances or labor disputes of any change character, governmental regulation, moratorium or other governmental action, inability despite the exercise of utility servicereasonable diligence or by any other cause, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility servicegross negligence of Landlord. In additionthe event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not nor be relieved from the performance operation of any covenant or agreement of this Lease. 16.3 Tenant shall pay for, prior to delinquency, any utilities which may be furnished and billed to the Demised Premises during the term of this Lease. 16.4 Tenant shall not, without the prior written consent of Landlord, use any device in this Lease the Demised Premises, including, but without limitation, data processing machines (excluding personal computers) and non standard laboratory equipment, which will in any way increase the amount of ventilation, air exchange, gas, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Demised Premises based upon Tenant's Pro Rata Share as set forth in Section 1.2.6 above. 16.5 If Tenant shall require services in excess of that usually furnished or supplied for similar space in the Building, by reason of any equipment operated and/or extended hours of business operation, then Tenant shall first procure the consent of Landlord for the use thereof, which consent Landlord may condition upon the availability of such change, failure, interruption, stoppage excess utilities or defect. In the event of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, services and Tenant's payment as Additional Rent, the cost, as determined by Landlord, Rent of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by cost to provide such submeter(s), excess services and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “utility capacity.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)"F", subject to the conditions and in accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's employees and/or agents which are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be provided by Landlord’s . Any such additional services will be provided to Tenant at Tenant's cost. Landlord will not be liable to Tenant for any failure to furnish or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother cause beyond Landlord's reasonable control. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be entitled to any abatement or reduction of Rentrent (except as expressly provided in subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing service and Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Operating Expenses subject to such adjustment. Notwithstanding the provisions of this Paragraph 17, if for more than three (3) consecutive business days following written notice to Landlord, there is no elevator service to the Premises directly Premises, or no HVAC or electricity to the purveyor thereof Premises, or (b) separate submeter(s) for such an interruption of other essential utilities and building services, such as fire protection or water, so that any portion of the Premises at cannot be used by Tenant’s sole cost and expense, in which case Tenant's judgment reasonably exercised, then Tenant's rent shall thereafter be abated until the Premises are again usable by Tenant thereafter shall pay to Landlord upon demand, an amount equal in proportion to the Actual Electrical Costs (defined herein below) extent to which Tenant's use of the Premises is interfered with; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for all electrical energy delivered during each monthTenant's purposes, as measured by such submeter(s)for example, and bringing in either caseportable air-conditioning equipment, then there shall not be any abatement of rent. This provision shall not apply in case of damage to, or destruction of, the cost of electrical power delivered to rentable space in the Building and Project Premises, which shall be excluded from Operating Expenses. “governed by a separate provision of this Lease.

Utilities and Services. Landlord (a) Provision of Utilities to the Premises: Throughout the Term of the Lease so long as the Premises are occupied, Lessor agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards this Paragraph 17 below. Lessor will not be liable to Lessee for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s any failure to furnish or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure, is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenantother cause beyond Lessor’s needs, or for any failure, interruption, stoppage, or defect in any utility servicereasonable control. In addition, Tenant in the event of any stoppage or interruption of services or utilities, Lessee shall not be entitled to any abatement or reduction of Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein, or except if Lessor has rental insurance that covers such stoppage or interruption), no eviction of Tenant shall Lessee will result from such failure and Tenant shall Lessee will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall Lessor agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant Lessee requires or utilizes more water or electrical power than is considered reasonable or normal by Landlordin northern San Mateo County for general office use, Landlord may, Lessor may at its option, option require Tenant Lessee to pay, as Additional Rentadditional rent, the cost, as fairly determined by LandlordLessor, of incurred by such extraordinary usage. In additionIf Lessor and Lessor so agree, Landlord Lessor may install: (a) install separate meter(s) for the Premises, at Lessee’s expense, and Lessee agrees thereafter to pay the cost of all such utility service to the Premises, and Lessor will make an appropriate adjustment to Lessee’s Operating Expenses calculation to account for the fact Lessee is directly paying such metered charges, provided Lessee will remain obligated to pay its proportionate share of Operating Expense subject to such adjustment. (b) Standards for Utilities and Services: The following standard for utilities and services are in effect. Lessor reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Lessee remains in occupancy of the Premises, Lessor will provide or make available the following utilities and services: (i) On Monday through Friday, except holidays recognized by businesses generally, from 8:00 a.m. to 6:00 p.m. (and other times for a charge of $35.00 per hour), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Lessor it may be required for the comfortable occupancy of the Premises, provided that Lessor’s HVAC system has the capability to provide ventilation only, and if ventilation only is provided after hours at TenantLessee’s request, no charge will be made for such service. Lessee agrees to cooperate fully at all times with Lessor, and to abide by all reasonable regulations and requirements which Lessor may prescribe for the proper function and protection of said air conditioning system. Lessee agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building. Lessee further agrees that neither Lessee nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Project or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Lessee if the need for maintenance work results from either Lessee’s adjustment of room thermostats or Lessee’s failure to comply with its obligations under this section. Power and cooling loop to equipment provided by Lessee for dedicated cooling of server room shall be available 24/7 without additional charge. (ii) Lessor will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computer and word processing equipment in an amount not to exceed six (6) ▇▇▇▇▇ per square foot per normal business day. Lessee agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Lessor monthly for the measured consumption at the average cost per kilowatt hour charged to the building during the period. If a separate meter is not installed at Lessee’s cost, such excess cost will be established by an estimate agreed upon by Lessor and Lessee, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Lessor’s reasonable discretion, whose fee shall be shared equally be Lessor and Lessee. Lessee agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and work processing equipment) which may in anyway increase the amount of such services usually furnished or supplied to said Premises, and Lessee further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Lessor. Should Lessee use the same to excess, the refusal on part of Lessee to pay upon demand of Lessor the amount established by Lessor for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Lessor to the rights therein granted for such breach. Lessee’s use of electric current will never exceed the capacity of the feeders to the Building, or the risers or wiring installation and Lessees will not install or use or permit the installation of use of any computer or electronic data processing equipment in the Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Lessor. Lessor hereby consents to Lessee’s computer server room. (iii) Water will be available in public areas for drinking and lavatory purposes only, but if Lessee requires, uses or consumes water for any purpose in addition to ordinary drinking and lavatory purposes, of which fact Lessee constitutes Lessor to be the sole judge, Lessor may install a water meter and thereby measure Lessee’s water consumption for all purposes. Lessee agrees to pay Lessor for the cost of the meter and the cost of the installation thereof and throughout the duration of Lessee’s occupancy Lessee will keep said meter and installation equipment in good working order and repair at Lessee’s own cost and expense, in default of which case Tenant thereafter shall Lessor may cause such meter and equipment to be replaced or repaired and collect the cost thereof from Lessee. Lessee agrees to pay all for water consumed, as shown on such meter, as and when bills and rendered, and on default in making such payment, Lessor may pay such charges and collect the same from Lessee. Any such costs or expenses incurred, or payments made by Lessor for any of the utility providing such reasons or purposes hereinabove stated will be deemed to be additional rent payable by Lessee and collectible by Lessor as such. (iv) Lessor will provide janitorial service to the Premises directly Premises, and unless otherwise agreed to the purveyor thereof or (b) separate submeter(s) for by Lessor and Lessee, no one other than persons approved by Lessor shall be permitted to enter the Premises at Tenant’s sole cost for such purposes. Janitorial service will be provided of the character and expense, frequency provided in which case Tenant thereafter shall first class office buildings in northern San Mateo County. Lessee agrees to pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, Lessor the cost of removal of any of Lessee’s refuse and rubbish to the extend that the same exceeds the refuse and rubbish usually attendant upon the use of the Premises as offices. (v) Lessor reserves the right to stop service of the plumbing, ventilation, air conditioning and electrical power delivered to rentable space systems, when necessary, by reason of accident or emergency or for repairs, alterations or improvements, when in the Building judgment of Lessor such actions are desirable or necessary to be made, until said repairs, alterations or improvements shall have been completed, and Project shall Lessor will have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilating, air conditioning or electric service, when prevented from so doing by strike or accident or by any cause beyond Lessor’s reasonable control, or by laws, rules orders, ordinances, directions, regulations or by reason of the requirements of any federal, state, county or municipal authority or failure of gas, oil or other suitable fuel supply or inability by exercise of reasonable diligence to obtain gas, oil or other suitable fuel supply. It is expressly understood and agreed that any covenants on Lessor’s part to furnish any services 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 Lessee, will not be excluded from Operating Expenses. “deemed breached if Lessor is unable to furnish or perform the same by virtue of a strike of labor trouble or any other cause whatsoever beyond Lessor’s control.

Utilities and Services. Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)"F", subject to the conditions and in accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's employees and/or agents which are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be provided by Landlord’s . Any such additional services will be provided to Tenant at Tenant's cost. Landlord will not be liable to Tenant for any failure to furnish or cause to be furnished any of the foregoing items shall not result in utilities and services if such failure is caused by all or any liability of Landlord. Landlord shall not be responsible the following: (i) accident, breakage or liable for any lossrepairs; (ii) strikes, damage, lockouts or expense that Tenant may incur as a result other labor disturbance or labor dispute of any change character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of utility servicereasonable diligence to obtain electricity, including water or fuel; or (v) any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility serviceother cause beyond Landlord's reasonable control. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be entitled to any abatement or reduction of Rentrent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant shall will result from such failure and Tenant shall will not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall agrees to diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, usage and/or Landlord may install: (a) install separate meter(s) for the Premises Premises, at Tenant’s 's sole cost and expense, in which case and Tenant agrees thereafter shall to pay all charges of the utility providing such service and Landlord will make an appropriate adjustment to the Premises directly Tenant's Operating Expenses calculation to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost and expensefact Tenant is directly paying such metered charges, in which case provided Tenant thereafter shall will remain obligated to pay its proportionate share of Operating Expenses subject to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “adjustment.

Utilities and Services. Landlord agrees Provided that Tenant is not in default under this Lease, Land▇▇▇▇ ▇▇▇ees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are Services, attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)EXHIBIT "D", subject to the conditions and in accordance with the standards set forth therein. Landlord’s 's failure to furnish or cause to be furnished any of the foregoing items when such failure is caused by (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or by (v) any other cause beyond Landlord's reasonable control, shall not result in any liability of to Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rentrent by reason of such failure, no eviction of Tenant shall result from such failure and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason because of any such change, failure, interruption, stoppage or defect. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall diligently attempt to cause resume service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, may at its option, option require Tenant to pay, as Additional Rentadditional rent, the cost, as fairly determined by Landlord, of incurred by such extraordinary usage. In addition, Landlord may install: (a) install separate meter(s) for the Premises at Tenant’s Landlord's sole cost and expense, in which case and Tenant thereafter shall pay all charges of the utility providing such service and Landlord shall make an appropriate adjustment to the Premises directly to the purveyor thereof or (b) separate submeter(s) account for the Premises at Tenant’s sole cost fact Tenant is directly paying such metered charges. * (with reasonable prior notice to Tenant for non-routine repairs and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(smaintenance), and in either case, the cost of electrical power delivered to rentable space in the Building and Project shall be excluded from Operating Expenses. “

Utilities and Services. (a) Provided that Tenant is not in default hereunder, Landlord agrees to furnish shall furnish, or cause to be furnished to the Premises Premises, the utilities and services described in the Standards for Utilities and Services which are Exhibit C attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”)hereto, subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure therein and in this Lease. (b) Tenant agrees to furnish or cause cooperate fully at all times with Landlord and to be furnished any comply with all regulations and requirements which Landlord may from time to time prescribe for the use of the foregoing items shall not result utilities and services described herein and in any liability of Landlord. Exhibit C. Landlord shall not be responsible or liable to Tenant for the failure of any loss, damageother tenant, or expense its assignees, subtenants, employees, or their respective invitees, licensees, agents or other representatives to comply with such regulations and requirements. (c) If Tenant requires utilities or 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 therefor, Landlord’s charge for such use. In the event that Tenant may incur 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 shall proceed to install the same at the sole cost of Tenant, payable upon demand in advance. 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 a result shall be determined by Landlord, including payment of Landlord’s charge therefor. In the case of any change additional utilities or services to be provided hereunder, Landlord may require a switch and metering system to be installed so as to measure the amount of utility servicesuch additional utilities or services. The cost of installation, including any change that makes maintenance and repair thereof shall be paid by Tenant upon demand. Notwithstanding the utility supplied less suitable for Tenant’s needsforegoing, or for any failure, interruption, stoppage, or defect in Landlord shall have the right to contract with any utility service. In additionprovider it deems appropriate to provide utilities to the Project. (d) Landlord shall not be liable for, and Tenant shall not be entitled to to, any damages, abatement or reduction of Rent, no or other liability by reason of any failure to furnish any services or utilities described herein or in Exhibit C for any reason (other than Landlord’s sole 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. Landlord shall be entitled to cooperate with the energy conservation efforts of governmental agencies or utility suppliers. 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 shall result from and Tenant shall not be relieved from the performance of any obligation to perform any covenant or agreement in under this Lease by reason of any such change, failure, interruption, stoppage or defectLease. In the event of any such failure, interruption, stoppage or defectinterruption thereof, Landlord shall diligently use reasonable efforts to attempt to cause service to be resumed restore all services promptly. If Tenant requires No representation is made by Landlord with respect to the adequacy or utilizes more water fitness of the Building’s ventilating, air conditioning or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant other systems to pay, maintain temperatures as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) be required for the Premises at operation of any computer, data processing or other special equipment of Tenant’s sole cost and expense. Notwithstanding anything in this Paragraph 7 to the contrary, in which case Tenant thereafter shall pay all charges if an interruption or cessation of the a utility providing such service to the Premises directly is caused by Landlord, its agents, employees or contractors that arises from a cause within the reasonable control of Landlord and such interruption or cessation results in the Premises being unusable by Tenant for the conduct of Tenant’s business, then Basic Annual Rent and Operating Costs 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 purveyor thereof Premises is restored or (b) separate submeter(s) the Premises is again usable for the conduct of Tenant’s business. If, however, Tenant reoccupies any portion of the Premises at during such abatement period, the Basic Annual Rent and Operating Costs 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, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Except as expressly set forth in the following sentence, such right to ▇▇▇▇▇ Basic Annual Rent and Operating Costs shall be Tenant’s sole cost and expenseexclusive remedy at law or in equity in the event of an interruption or cessation of a utility service to the Premises. Furthermore (i) if an interruption or cessation of utility service to the Premises occurs, and continues for a period of ninety (90) consecutive days after Tenant notifies Landlord in writing of such interruption or cessation of utility service; (ii) if such interruption or cessation of utility service is caused by an event in Landlord’s reasonable control and not the result of any breach of this Lease by Tenant or other negligent or otherwise wrongful act or omission of Tenant; (iii) if such interruption or cessation of utility service is not caused by a fire or other casualty (in which case Section 9 shall control) or a condemnation (in which case Section 10 shall control); (iv) if, as a result of such interruption or cessation of utility service, the Premises, or a material portion thereof, is rendered Untenantable (as hereinafter defined); and (v) provided Tenant thereafter shall pay have delivered written notice to Landlord upon demand(such written notice detailing such interruption or cessation of utility service and containing in bold upper case letters (in 16 point font or larger) the phrase “FINAL REQUEST – TENANT ENTITLED TO UTILITY SERVICE INTERRUPTION TERMINATION NOTICE UNDER LEASE”), an amount equal then Tenant shall have the right, after such ninetieth (90th) consecutive day, to terminate this Lease for the Premises, prior to, but not after, the restoration of such utility service to the Actual Electrical Costs Premises, by timely delivering to Landlord written notice of such termination (defined herein belowafter such ninetieth (90th) for all electrical energy delivered during each month, as measured by such submeter(s), consecutive day) and in either case, the cost of electrical power delivered to rentable space in the Building and Project this Lease shall be excluded from Operating Expenses. “promptly