Common use of Utilities and Services Clause in Contracts

Utilities and Services. Tenant shall be responsible, at its sole cost and expense, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenant.

Utilities and Services. 16.1. Tenant shall be responsible, at its sole cost and expense, pay for all charges for water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, telecommunications internet service, refuse pickupcable television, janitorial service, interior landscape maintenance other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If any utilities or services are such utility is not separately metered or assessed to Tenant, Tenant shall pay Tenant’s Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Share of such utilities to reflect such excess. In the event that the Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Project to equal Landlord’s reasonable estimate of what such utility usage would have been had the Project been fully occupied during such calendar year; provided, however, that Landlord shall make a reasonable determination of Tenant’s proportionate share not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities and servicessupplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant shall pay such amount to Landlord, uses the Premises for any purpose other than placement of personal property as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.24.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished service, whether or not such failure is caused by accidents; breakage; casualties (to the Premisesextent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and no labor disputes resulting solely from the acts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); regulations, moratoria or other actions, inactions or delays; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence. In the event of such failure or interruption failure, Tenant shall not be deemed an eviction or entitle Tenant entitled to terminate termination of this Lease or withhold any abatement or ▇▇▇▇▇ reduction of Rent, nor shall Tenant be relieved from the operation of any rent due hereundercovenant or agreement of this Lease. “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at the applicable time based on historic meteorological records. Notwithstanding anything to the foregoingcontrary in this Lease, if as a result of the direct actions of Landlord, its employees, contractors or authorized agentsif, for more than three ten (310) consecutive business days following written notice to Landlord there and as a direct result of Landlord’s negligence or willful misconduct (and except to the extent that such failure is no caused in whole or in part by the action or inaction of a Tenant Party), the provision of HVAC or electricity services other utilities to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a material portion of the Premises cannot be used by Tenantthat Landlord must provide pursuant to this Lease is interrupted (a “Material Services Failure”), then Tenant’s Basic Rent Base Rent, Operating Expenses and the Property Management Fee (or an equitable portion of such Basic Rent or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent, Operating Expenses and the Property Management Fee) shall thereafter be abated until the Premises are again usable by TenantTenant for the Permitted Use; provided, however, that that, if Landlord is diligently pursuing the repair restoration of such HVAC and other utilities or services and Landlord provides substitute services HVAC and other utilities reasonably suitable for Tenant’s purposescontinued use and occupancy of the Premises for the Permitted Use (e.g., as for example, bringing in supplying potable water or portable air-air conditioning equipment), then there none of Base Rent, Operating Expenses or the Property Management Fee shall not be abated. During any Material Services Failure, Tenant will cooperate with Landlord to arrange for the provision of any interrupted utility services on an abatement interim basis via temporary measures until final corrective measures can be accomplished, and Tenant will permit Landlord the necessary access to the Premises to remedy such Material Service Failure. In the event of Basic Rent. Provided any interruption of HVAC or other utilities that Landlord must provide pursuant to this Lease, regardless of the cause, Landlord shall diligently pursue the repair restoration of such utilities HVAC and servicesother utilities. Notwithstanding anything in this Lease to the contrary, but subject to Article 24 (which shall govern in the event of a casualty), the foregoing provisions of this Section shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties HVAC or other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access utilities to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to TenantPremises.

Utilities and Services. Tenant 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 the Subleased Premises beyond that usually supplied for general office use; or (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 responsibleconclusive 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, at its sole cost plus any additional expense incurred by Sublandlord in keeping account of the foregoing and expenseadministering 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 specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance telephone and all other utilities, materials and services not expressly required to be provided by Sublandlord, which may be furnished directly to Tenant or the Premises or used by Tenant in, on or about the Subleased Premises during the Sublease Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenant.

Utilities and Services. 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall be responsiblepay for such utilities and services, at its sole and all other water (including the cost to service, repair and expensereplace any reverse osmosis, for all charges for waterde-ionized and other treated water systems), gas, electricity, sewer, heat, light, power, telephone, telecommunications internet service, refuse pickupcable television, janitorial service, interior landscape maintenance other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereonthereon 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 each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s 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, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 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 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 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If any Tenant shall require utilities or services are not separately metered in excess of those usually furnished or assessed to Tenant, Landlord shall make a reasonable determination supplied for tenants in similar spaces in the Building by reason of Tenant’s proportionate share equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the cost use thereof, which consent Landlord may condition upon the availability of such excess utilities and or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such amount to Landlordexcess utilities and services. Notwithstanding the foregoing, as an item part of additional rent, within thirty (30) days after receipt of Operating Expenses Tenant shall have the right to have Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the definition Common Area glass washing facility between the hours of Project Costs in which event 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ and inventory any rent 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 hereunderto 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 as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises canis 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 used by Tenant, then Tenant’s Basic responsible for payment of Base Rent for any period after the first (or an equitable portion 1st) five (5) business days of such Basic Rent untenantability until such systems return to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenantfunctionality; provided, however, that if tenant shall promptly provide Landlord is diligently pursuing with written notice of the repair failure of any such utilities 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 services and Landlord provides substitute services reasonably suitable for as to any special requirements that arise from Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case particular use of the actions Premises) for reasonably comfortable occupancy of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises twenty-four (which shall be governed by 24) hours a day, 365 or 366 days a year, and in compliance with the provisions requirements set forth in Article 23 of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenant.

Utilities and Services. Tenant (a) Lessor shall be responsiblecontract for and pay for, at its sole cost and expenseLessee shall reimburse Lessor therefor pursuant to Paragraph 5(e) as an Operating Expense, for all charges for waterelectricity, gas, electricitywater, sewerheat and air conditioning service, heat, light, power, telephone, telecommunications janitorial service except to the extent Lessee has separately contracted for such internal janitorial service, refuse pickuppick-up except to the extent Lessee has separately contracted for such refuse pick-up, janitorial servicesewer charges, interior landscape maintenance and all other utilitiesutilities or services supplied to or consumed by Lessee, materials its agents, employees, contractors, and services furnished directly to Tenant or the Premises or used by Tenant in, invitees on or about the Building #16 Premises during and the TermBuilding #13 Premises, together with any taxes thereonexcluding telephone service to the buildings for which Lessee shall contract and pay directly. If any utilities or Furthermore, Lessee shall have the option to contract directly for janitorial services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities Building #16 Premises and services, and Tenant shall pay such amount the Building #13 Premises pursuant to Landlord, as an item of additional rent, within thirty Paragraph 15(b). (30b) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Landlord Lessor shall not be liable for damages or otherwise to Lessee for any interruption or failure or interruption of any utility or other service furnished services to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇▇▇▇ #▇▇, ▇▇▇▇▇▇▇▇ #▇▇, or to the Building #13 Premises which is not caused by the negligence or willful acts of Lessor, or Lessor’s employees, agents, or contractors. Lessee shall not be relieved from the performance of any rent due covenant or agreement in this Lease because of any such failure. Unless such failure is caused by the negligence or willful acts or omissions of Lessor or Lessor’s employees, agents, or contractors, or by Lessor’s breach in the performance of Lessor’s express obligations hereunder. Notwithstanding , Lessor shall make all repairs required to restore such services to ▇▇▇▇▇▇▇▇ #▇▇, ▇▇▇▇▇▇▇▇ #▇▇, or to the foregoing, if Building #13 Premises and the cost thereof shall be payable by Lessee pursuant to Paragraph 5(e) 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). If the Building #16 Premises or the Building #13 Premises should become not reasonably suitable for Lessee’s use as a consequence of cessation of utilities or other services, interference with access to the Building #16 Premises or the Building #13 Premises, legal restrictions or the presence of any Hazardous Material which does not result from Lessee’s release or emission of such Hazardous Material, and in any of the direct actions foregoing cases the interference with Lessee’s use of Landlordthe Building #16 Premises or the Building #13 Premises persists for thirty (30) days, its employeesthen Lessee shall be entitled to an equitable abatement of rent to the extent of the interference with Lessee’s use of the Building #16 Premises or the Building #13 Premises, contractors as the case may be, is caused thereby. If the interference persists and the Building #16 Premises or authorized agents, the Building #13 Premises are not reasonably suitable for Lessee’s use for more than three ninety (390) consecutive business days following written notice days, Lessee shall have the right to Landlord there terminate this Lease with respect to the Building #16 Premises or the Building #13 Premises, whichever or both is no HVAC affected thereby, excluding damage or electricity services to all or a portion destruction of the Premises, buildings or such an interruption of other essential utilities and building services, such as fire protection the Building #16 Premises or water, so that all or a portion of the Building #13 Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to TenantParagraph 21.

Utilities and Services. Tenant Landlord shall be responsibleuse all reasonable efforts to furnish (as part of Operating Expenses) heating, at its sole cost and expenseventilation, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickupair conditioning, janitorial service, interior landscape electricity for normal lighting and office machines, cold water for reasonable and normal drinking, and lavatory use, replacement light bulbs and/or fluorescent tubes and ballasts for standard overhead fixtures and elevator service, if applicable, and if currently being provided to the Premises ("Landlord's Services"). Said services and utilities shall be provided on a 24-hour, 7-day a week basis, except for HVAC, janitorial and building maintenance and all other utilities, materials services which shall be provided during building operating hours. Such utilities and services furnished directly required at other times shall be subject to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination charge. Such charge for HVAC services shall be as follows: $25 per hour for the first 500 hours of Tenant’s proportionate share usage in each calendar year and $35 per hour of the cost usage in excess of such utilities 500 hours in any calendar year and services, and Tenant shall pay such amount including a reasonable administrative charge for Landlord as determined by Landlord from time to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2time. Landlord shall not be liable for damages failure to furnish any of the utilities described in this paragraph 16.9, and Tenant shall have no right to abatement of rental hereunder or otherwise to termination of this Lease with respect to any such interruption nor shall such failure constitute an eviction, nor shall Landlord be liable under any circumstances for any failure loss of or interruption injury to property, however occurring through or in connection with or incidental to the furnishing of any utility or other service furnished of the services enumerated above. Tenant agrees to exercise due care and prudence in the Premisesuse of Landlord's Services and will comply with all federal, state, and no local guidelines concerning the same. No heating, cooling, refrigeration or cooking equipment or office machines or equipment requiring electric current in excess of 110 volts shall be used in the Premises without Landlord's consent, which consent shall not be unreasonably withheld or delayed, provided however that such failure or interruption consent may be conditioned upon Tenant paying for direct expense as reasonably estimated by Landlord on account of the installation and use of such equipment. Nothing herein shall be deemed an eviction to waive Tenant's right to claim damages against Landlord for Landlord's failure to comply with Section 12.5 and the first sentence of this Section 16.9, nor in connection with the negligence or entitle Tenant to terminate this Lease willful acts of Landlord or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors agents or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premisescontractors, or such an interruption the right of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent Tenant to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or claim constructive eviction under Florida law in the case of damage to, or destruction of, any interruption which is not beyond Landlord's reasonable control and where Tenant vacates the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to TenantPremises.

Utilities and Services. Tenant shall be responsibleProvided that no Event of Default has occurred and is continuing, at its sole cost and expense, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly Landlord agrees to Tenant or the Premises or used by Tenant in, on or about furnish to the Premises during reasonable hours of generally recognized business days, subject to the Termconditions and in accordance with the standards set forth in the Rules and Regulations, together with any taxes thereon. If any utilities or services are not separately metered or assessed as may be amended in writing by Landlord from time to time during the Term of this Lease and delivered to Tenant, Landlord shall make a reasonable determination quantities of Tenant’s proportionate share electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the 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, and Tenant services shall pay such amount to Landlord, as an item of additional rent, be included within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Costs, and shall be paid by Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.27.1. Landlord shall not be liable for damages for, and Tenant shall not be entitled to any abatement or otherwise reduction of Rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, Unavoidable Delay or for any failure other causes. 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 reasonably determined by Landlord, incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and Tenant thereafter shall pay all charges of the 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 utility or other service furnished to the Premisesservices provided hereunder, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted use reasonable diligence to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Leaseresume services promptly. Landlord shall at all reasonable times have free access to all mechanical installations of the Building and Premises Premises, including but not limited to installair conditioning equipment and vents, maintainfans, repair, replace or remove all ventilating and machine rooms and electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenantclosets.

Utilities and Services. (a) Provided that Tenant shall be responsible, at its sole cost and expense, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are is not separately metered or assessed to Tenantin default hereunder, Landlord shall make a reasonable determination of Tenant’s proportionate share furnish, or cause to be furnished to the Premises, the utilities and services described in Exhibit C attached hereto, subject to the conditions and in accordance with the standards set forth therein and in this Lease. (b) Tenant agrees to cooperate fully at all times with Landlord and to comply with all regulations and requirements which Landlord may from time to time prescribe for the use of the cost of such utilities and services, services described herein and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Exhibit C. Landlord shall not be liable to Tenant for damages or otherwise for any the failure or interruption of any utility other tenant or its assignees subtenants, employees, or their respective invitees, licensees, agents or other representatives to comply with such regulations and requirements. (c) If Tenant’s usage of electricity, water or any other utility service furnished 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 other equipment requiring power in excess 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 no if, in Landlord’s judgment, such failure or interruption 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 deemed an eviction 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 entitle 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 to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunderupon demand. Notwithstanding the foregoing, if 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, 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 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 a result an eviction of Tenant, nor shall the same relieve Tenant from any obligation to perform any covenant or agreement under this Lease. In the event of any failure, stoppage or interruption thereof Landlord shall use reasonable efforts to attempt to restore all services promptly. No representation is made by Landlord with respect to the adequacy or fitness of the direct actions Buildings ventilating, air conditioning or other systems to maintain temperatures as may be required for the operation of Landlordany computer, its employeesdata processing or other special equipment of Tenant. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law ordinance or governmental regulation permitting the termination of this Lease due to an interrupt ion, contractors failure or authorized agentsinability to provide any services. Notwithstanding anything in this Paragraph 7 to the contrary if an interruption or cessation of a utility service to the Premises from a cause within the reasonable control of Landlord results in the Premises being unusable by Tenant for the conduct of Tenant’s business, for more than three then Basic Annual Rent shall be abated commencing on that date which is five (35) consecutive business days following the date Tenant delivers written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenant.and

Utilities and Services. 16.1. Commencing on the Term Commencement Date, Tenant shall be responsible, at its sole cost and expense, pay for all charges for waterwater (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water if provided in the Building), gas, electricity, sewer, heat, light, power, telephone, telecommunications internet service, refuse pickupcable television, janitorial service, interior landscape maintenance other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If any utilities or services are such utility is not separately metered to Tenant or assessed to obtained directly by Tenant, Landlord Tenant shall make a reasonable determination pay Tenant’s Share of all charges of such utility jointly metered with other premises as part of Tenant’s proportionate share Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Electrical service at an average of 8 ▇▇▇▇▇ per the Rentable Area of the Premises shall be provided to the Premises (including electricity used for the air handling units exclusively servicing the Premises and for any rooftop equipment installed by Tenant with Landlord’s express written consent), and shall be submetered to the Premises (which submetering shall be installed by Tenant as part of the Tenant Improvements) and paid by Tenant at Landlord’s actual cost thereof. In the event that the Building is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building been fully occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2utilities. 16.2. Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished to the Premisesservice, and no whether or not such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three is caused by accidents; breakage; casualties (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that less are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than all labor disturbances and labor disputes resulting solely from the acts or omissions of the Premises party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are affected) shall thereafter be abated until not unique to the Premises are again usable party claiming Force Majeure); regulations, moratoria or other actions, inactions or delays; failures by Tenantthird parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; providedor other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, however“Force Majeure”); or, that if Landlord is diligently pursuing to the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenantextent permitted by Applicable Laws, Landlord’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rentnegligence. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in In the event of such an interruption of services. The foregoing provisions failure, Tenant shall not apply in case be entitled to termination of the actions of parties other than Landlord, its employees, contractors this Lease or authorized agents, any abatement or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenant.reduction

Utilities and Services. 16.1. Tenant shall be responsible, at its sole cost and expense, pay for all charges for water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, telecommunications internet service, refuse pickupcable television, janitorial service, interior landscape maintenance other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Share of such utilities to reflect such excess. In the event that the Building, North Campus or Project, as applicable, is less than fully occupied, Tenant acknowledges that Landlord may extrapolate utility usage that vary depending on the occupancy of the Building, North Campus or Project, as applicable, by dividing (a) the total cost of utility usage by (b) the Rentable Area of the Building, the North Campus or Project (as applicable) that is occupied, then multiplying (y) the resulting quotient by (z) one hundred percent (100%) of the total Rentable Area of the Building, North Campus, or Project (as applicable). Tenant shall pay Tenant’s Share of the product of (y) and (z), subject to adjustment based on actual usage as reasonably determined by Landlord; provided, however, that, Landlord shall not recover more than one hundred percent (100%) of such utility costs. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for the purpose of conducting business therein, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by accident; breakage; repair; strike, lockout or other labor disturbance or labor dispute of any character; act of terrorism; shortage of materials, which shortage is not unique to Landlord or Tenant, as the case may be; governmental regulation, moratorium or other governmental action, inaction or delay; or other causes beyond Landlord’s control (collectively, “Force Majeure”) or, to the extent permitted by Applicable Laws, Landlord’s negligence. In the event of such failure, Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 16.3. Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term, beyond those utilities provided by Landlord, including telephone, internet service, cable television and other telecommunications, together with any fees, surcharges and taxes thereon. Upon Landlord’s demand, utilities and services provided to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utilities or services. 16.4. Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water required or consumed in the Premises based upon Tenant’s Pro Rata Share of the Building or Project (as applicable) beyond the existing capacity of the Building or the Project usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s or Project’s (as applicable) capacity to provide such utilities or services. 16.5. If Tenant shall require utilities or services are not separately metered in excess of those usually furnished or assessed to Tenant, Landlord shall make a reasonable determination supplied for tenants in similar spaces in the Building or the Project by reason of Tenant’s proportionate share equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the cost use thereof, which consent Landlord may condition upon the availability of such excess utilities and or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2excess utilities and services. 16.6. Landlord shall not be liable provide water in Common Areas for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premiseslavatory and landscaping purposes only, and no such failure or interruption which water shall be deemed an eviction from the local municipal or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenantsimilar source; provided, however, that if Landlord is diligently pursuing determines that Tenant requires, uses or consumes water provided to the repair Common Areas for any purpose other than ordinary lavatory purposes, Landlord may install a water meter (“Tenant Water Meter”) and thereby measure Tenant’s water consumption for all purposes. Tenant shall pay Landlord for the costs of any Tenant Water Meter and the installation and maintenance thereof during the Term. If Landlord installs a Tenant Water Meter, Tenant shall pay for water consumed, as shown on such utilities 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 services expenses incurred or payments made by Landlord for any of the reasons or purposes stated in this Section shall be deemed to be Additional Rent payable by Tenant and collectible by Landlord as such. 16.7. Provided that Landlord shall give reasonable prior notice (of not less than twenty-four (24) hours on a business day), except in case of an emergency (in which case no prior notice shall be required), Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and utility 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 provides substitute services reasonably shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or utility service when prevented from doing so by Force Majeure or, to the extent permitted by Applicable Laws, Landlord’s negligence; 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’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement deemed breached if Landlord is unable to furnish or perform the same by virtue of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and servicesForce Majeure or, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to installextent permitted by Applicable Laws, maintain, repair, replace or remove all electrical and mechanical installations of Landlord’s negligence. 16.8. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenant.[Intentionally omitted]

Utilities and Services. 16.1 From and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, Tenant shall be responsible, at its sole cost and expense, pay for all charges for water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, telecommunications internet service, refuse pickupcable television, janitorial service, interior landscape maintenance other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If any utilities or services are such utility is not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share Adjusted Share of all charges of such costs utility jointly metered with other premises as Additional Rent or, in the manner set forth in Section 4.2alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord shall not be liable may base its bills for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no utilities on reasonable estimates; provided that Landlord adjusts such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result part of the direct actions next Landlord’s Statement (or more frequently, as determined by Landlord) to reflect the actual cost of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice providing utilities to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to . To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than all fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Premises are affectedBuilding or Project (as applicable) shall thereafter be abated until to equal Landlord’s reasonable estimate of what such utility usage would have been had the Premises are again usable by TenantBuilding or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that if Landlord is diligently pursuing shall not recover more than one hundred percent (100%) of the repair cost of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there utilities. Tenant shall not be an abatement liable for the cost of Basic Rent. Provided utilities supplied to the Premises prior to the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements. 16.2 Landlord shall diligently pursue the repair not be liable for, nor shall any eviction of such utilities and servicesTenant result from, the foregoing provisions shall be Tenantfailure to furnish any utility or service, whether or not such failure is caused by accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by any Lender whose consent is required under any applicable Loan Document; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s sole recourse and remedy in negligence. In the event of such an interruption of services. The foregoing provisions failure, Tenant shall not apply in case be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the actions operation of parties other than Landlord, its employees, contractors any covenant or authorized agents, or in the case agreement of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenantapplicable time based on historic meteorological records.

Utilities and Services. 16.1 Tenant shall be responsible, at its sole cost and expense, pay for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications servicecable, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services utilities which may be furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Termterm of this Lease, together with any taxes thereon. If any utilities or services are such utility is not separately metered or assessed to Tenant, Tenant shall pay Tenant’s Pro Rata Share of the costs thereof as an Operating Expense unless Landlord shall make a reasonable has installed separate meters or measuring devices for the determination of Tenant’s proportionate share of the cost actual use of such utilities utility service. Utilities and servicesservices provided to the Premises which are separately metered shall be paid by Tenant directly to the supplier of such utility or service, and Tenant shall pay for such utilities and services prior to delinquency during the term of this Lease. In the event one tenant of the Project is using a disproportionate amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternativelyany utility that is not separately metered, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share allocate an equitable portion of such costs in utility cost directly to such tenant. The primary measurement for metering usage will be based upon the manner set forth in Section 4.2. cubic feet per minute of air supplied to the premises. 16.2 Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, any failure or interruption of any such utility or other service furnished to the Premisesservice, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions failure Tenant shall not apply be entitled to any abatement or reduction of Rent, nor be relieved from the operation of any covenant or agreement of this Lease, and Tenant waives any right to terminate this Lease on account thereof. Notwithstanding the foregoing: (i) in case the event that Landlord is unable to supply any of the actions Building’s sanitary, electrical, heating, air conditioning, water, elevator, life safety or other essential systems serving the Premises (collectively, the “Essential Services”) from a cause within Landlord’s reasonable control, and such inability of parties other than Landlord materially impairs Tenant’s ability to carry on its business in the Premises for a period of ten (10) consecutive calendar days, Basic Annual Rent and Additional Rent shall be abated commencing with the eleventh (11th) day of such material interference with Tenant’s business, based upon the extent to which such inability to supply Essential Services materially impairs Tenant’s ability to carry on its business in the Premises. Such abatement shall continue until the Essential Services have been restored to such extent that the lack of any remaining services no longer materially impairs Tenant’s ability to carry on its business in the Premises. Tenant shall not be entitled to such an abatement to the extent that Landlord, ’s inability to supply Essential Services to Tenant is caused by Tenant or its employees, contractors or authorized contractors, agents, licensees or invitees; and (ii) in the case event that Landlord is unable to supply any Essential Services by reason of damage toacts of God, accidents, breakage, repairs, strikes, lockouts, labor disputes, inability to obtain utilities or destruction ofmaterials or by any other reason beyond Landlord’s reasonable control, and (i) such inability of Landlord prevents Tenant from carrying on its business in the Premises for a period of thirty (which shall be governed by the provisions 30) consecutive calendar days or (ii) such inability of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon materially impairs Tenant’s request), including, without limitation, telephone lines, shall be charged ability to Tenant.carry on its business in the Premises for a period of sixty

Utilities and Services. Tenant (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 or 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 responsiblefixed 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 and expense, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other (unless Lessor reasonably determines that Lessee has been using more than 38.5% of utilities, materials and services furnished directly in which case such metering shall be at Lessee’s cost) to Tenant or separately meter the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of and (iii) Lessor may include the cost of such utilities and servicesin Operating Expenses or may separately invoice the cost of such utilities to Lessee, and Tenant in which case Lessee shall pay such amounts within thirty (30) days of Lessor’s delivery of an invoice. Such payments shall constitute Additional Rent, and Lessee’s failure to 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 overpayment made by Lessee as to such utility usage and any adjustment to the amount of such utilities to be 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 Landlord, as an item of additional rentLessee within thirty (30) days thereafter (after first deducting any amounts owing by Lessee under this Lease)) or Lessee shall, within thirty (30) days after receipt of LandlordLessor’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share delivery of such costs determination, pay the 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 Exhibit “F”. Lessor hall not be liable to Lessee for any interruption or failure of any utility services to the manner set forth in Section 4.2Building or the Premises which is not caused by the negligence or willful misconduct of Lessor, or Lessor’s employees, agents, or contractors. Landlord Lessee shall not be liable for damages or otherwise for any failure or interruption relieved from the performance of any utility covenant or other service furnished agreement in this Lease because of any such failure. Lessor shall make all repairs to the Premises, Premises required to restore such services to the Premises and no such failure or interruption the cost thereof shall be deemed an eviction or entitle Tenant payable by Lessee pursuant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if Paragraph 5 as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premisescurrent Operating Expense, or such as a capital improvement which is amortized over its useful life (together with interest thereon) as an interruption of other essential utilities and building services, such Operating Expense in accordance with generally accepted accounting principles as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenantdescribed in Paragraph 5(b); provided, however, that if Landlord such failure is diligently pursuing caused by the repair gross negligence or willful misconduct of such utilities Lessor or services and Landlord provides substitute services reasonably suitable for TenantLessor’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or contractors, or by Lessor’s breach in the case performance of damage toLessor’s express obligations hereunder, or destruction of, the Premises (which then Lessor shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenantbear such costs.

Utilities and Services. Tenant shall be responsible, at obtain in its sole own name and pay directly to the appropriate supplier the cost and expense, for of all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials utilities and services furnished directly to Tenant serving the Leased Premises. However, if any services or the Premises or used by Tenant in, on or about the Premises during the Term, together utilities are jointly metered with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenantother property, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall pay such amount share to Landlord, as an item of additional rent, Landlord within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2written statement. Landlord shall not be liable for in damages or otherwise for any failure or interruption of any utility or other Building service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent sums due hereunder. In the event of utility “deregulation”, Landlord shall choose the service provider. Tenant shall have the exclusive control over the heating, ventilating and air-conditioning (“HVAC”) system serving the Leased Premises on a 24 hour a day/7 day a week basis. Notwithstanding the foregoing, if (a) such interruption of service is caused by the negligence or willful misconduct of Landlord or its employees and (b) such interruption of service renders the Leased Premises or any portion of the Leased Premises untenantable for a period of five (5) consecutive business days after Landlord receives written notice from Tenant of such interruption of service, rent shall ▇▇▇▇▇ with respect to the area which is affected for each such consecutive day after said five (5) business day period that such area of the Leased Premises is so rendered until such service is restored. The rent abatement shall equal the Monthly Rental Installment due for the period of the interruption with respect to the square footage affected. The Leased Premises shall be considered untenantable if Tenant does not use the Leased Premises or portion thereof affected in the conduct of its normal business operations as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an said interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent service to the extent Leased Premises. It is agreed and understood that less than all of Tenant shall not use nor be entitled to use the Leased Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if or portion thereof affected to conduct its normal business operations during any day for which Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an obligated to ▇▇▇▇▇ rent hereunder. The abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions herein provided shall be Tenant’s sole recourse and exclusive remedy in the event of such an for interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Leaseservice. Landlord shall at all agrees to use its reasonable times have free access efforts to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenantrestore such utility service as soon as possible.

Utilities and Services. 16.1. Commencing on the Term Commencement Date, Tenant shall be responsible, at its sole cost and expense, pay for all charges for water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, telecommunications internet service, refuse pickupcable television, janitorial service, interior landscape maintenance other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If any utilities or services are such utility is not separately metered or assessed to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ as part of the next Landlord’s Statement (or more frequently, as determined by Landlord) to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall make a reasonable determination of Tenant’s proportionate share not recover more than one hundred percent (100%) of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2utilities. 16.2. Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished service, whether or not such failure is caused by accidents; breakage; casualties (to the Premisesextent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and no labor disputes resulting solely from the acts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by any Lender whose consent is required under any applicable Loan Document; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence (provided that, this sentence shall not limit Tenant’s recourse and remedy expressly set forth in this Section below in connection with a Material Services Failure (as defined below)). In the event of such failure or interruption failure, Tenant shall not be deemed an eviction or entitle Tenant entitled to terminate termination of this Lease or withhold any abatement or ▇▇▇▇▇ reduction of Rent, nor shall Tenant be relieved from the operation of any rent due hereundercovenant or agreement of this Lease. “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at the applicable time based on historic meteorological records. Notwithstanding anything to the foregoingcontrary in this Lease, if as a result of the direct actions of Landlord, its employees, contractors or authorized agentsif, for more than three ten (310) consecutive business days following written notice to Landlord there is no and as a direct result of Landlord’s gross negligence or willful misconduct (and except to the extent that such failure arises from any other factor, including any action or inaction of a Tenant Party (as defined below)), the provision of HVAC or electricity services other utilities to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a material portion of the Premises cannot be used by Tenantthat Landlord must provide pursuant to this Lease is interrupted (a “Material Services Failure”), then Base Rent and Tenant’s Basic Rent Adjusted Share of Operating Expenses (or an equitable portion of such Basic Rent or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Tenant’s Adjusted Share of Operating Expenses) shall thereafter be abated until the Premises are again usable by TenantTenant for the Permitted Use; provided, however, that that, if Landlord is diligently pursuing the repair restoration of such HVAC and other utilities or services and Landlord provides substitute services HVAC and other utilities reasonably suitable for Tenant’s purposescontinued use and occupancy of the Premises for the Permitted Use (e.g., as for example, bringing in portable air-supplying potable water or potable air conditioning equipment), then there neither Base Rent nor Tenant’s Adjusted Share of Operating Expenses shall not be abated. During any Material Services Failure, Tenant will cooperate with Landlord to arrange for the provision of any interrupted utility services on an abatement interim basis via temporary measures until final corrective measures can be accomplished, and Tenant will permit Landlord the necessary access to the Premises to remedy such Material Service Failure. In the event of Basic Rent. Provided any interruption of HVAC or other utilities that Landlord must provide pursuant to this Lease, regardless of the cause, Landlord shall diligently pursue the repair restoration of such utilities HVAC and servicesother utilities. Notwithstanding anything in this Lease to the contrary, but subject to Article 24 (which shall govern in the event of a casualty), the foregoing provisions of this Section shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties HVAC or other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access utilities to the Building and Premises to installPremises, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord including related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to TenantSection 16.8.

Utilities and Services. 16.1. Tenant shall be responsible, at its sole cost and expense, pay for all charges for water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, telecommunications internet service, refuse pickupcable television, janitorial service, interior landscape maintenance other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than placement of personal property as set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by accident; breakage; repair; strike, lockout or other labor disturbance or labor dispute of any character; act of terrorism; shortage of materials, which shortage is not unique to Landlord or Tenant, as the case may be; governmental regulation, moratorium or other governmental action, inaction or delay; or other causes beyond Landlord’s control (collectively, “Force Majeure”) or Landlord’s negligence. In the event of such failure, Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 16.3. Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term, including telephone, internet service, cable television and other telecommunications, together with any fees, surcharges and taxes thereon. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred or payments made by Landlord for any of the reasons or purposes stated in this Section shall be deemed to be Additional Rent payable by Tenant and collectible by Landlord as such. 16.4. Tenant shall not, without Landlord’s prior written consent (which consent will not be unreasonably withheld, conditioned or delayed), use any device in the Premises (including data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water required or consumed in the Premises based upon Tenant’s Pro Rata Share of the Project beyond the existing capacity of the Building or the Project usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Project’s capacity to provide such utilities or services. 16.5. If Tenant shall require utilities or services are not separately metered in excess of those usually furnished or assessed to Tenant, Landlord shall make a reasonable determination supplied for tenants in similar spaces in the Building or the Project by reason of Tenant’s proportionate share equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the cost use thereof, which consent Landlord may condition upon the availability of such excess utilities and or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such amount excess utilities and services. 16.6. Landlord shall provide water in Common Areas for landscaping purposes only, which water shall be from the local municipal or similar source. 16.7. Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and utility 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 utility service when prevented from doing so by Force Majeure or Landlord’s negligence; a failure by a third party to deliver gas, as an item oil or another suitable fuel supply; or Landlord’s inability by exercise of additional rentreasonable 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 or Landlord’s negligence. 16.8. For any utilities serving the Premises for which Tenant is billed directly by such utility provider, Tenant agrees to furnish to Landlord (a) any invoices or statements for such utilities within thirty (30) days after Tenant’s receipt of thereof, (b) within thirty (30) days after Landlord’s statement request, any other utility usage information reasonably requested by Landlord, and (c) within thirty (30) days after each calendar year during the Term, an ENERGY STAR® Statement of Performance (or invoice thereforsimilar comprehensive utility usage report (e.g., related to Labs 21), if requested by Landlord) and any other information reasonably requested by Landlord for the immediately preceding year. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share retain records of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to usage at the Premises, including invoices and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding statements from the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agentsutility provider, for more than three at least sixty (360) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premisesmonths, or such an interruption other period of other essential utilities and building services, such time as fire protection or water, so that all or a portion of the Premises cannot may be used requested by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that any utility information for the costs incurred Premises, the Building and the Project may be shared with third parties, including Landlord’s consultants and Governmental Authorities. In the event that Tenant fails to comply with this Section, Tenant hereby authorizes Landlord to collect utility usage information directly from the applicable utility providers, and Tenant shall pay Landlord a fee of Five Hundred Dollars ($500) per month to collect such utility usage information. 16.9. In no event shall Landlord be liable 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 Project with electric energy, or for any other reason not attributable to Landlord’s gross negligence or willful misconduct. 16.10. 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 ensure that such capacity is not exceeded, and to avert a possible adverse effect upon the Project’s distribution of electricity via the Project’s electric system, Tenant shall not, without Landlord’s prior written consent in each instance (which consent Landlord may condition upon the availability of electric energy in the Project as allocated by Landlord related to providing above-standard utilities various areas of the Project) connect any fixtures, appliances or equipment (other than normal business machines) to Tenant (which the Building’s or Project’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 only be provided upon by Landlord and the cost thereof shall be paid by Tenant to Landlord on demand (or, at Tenant’s request), including, without limitation, telephone linesoption, shall be charged provided by Tenant pursuant to Tenantplans and contractors approved by Landlord, and otherwise in accordance with the provisions of this 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.

Utilities and Services. Provided that no Event of Default has occurred and is continuing, ▇▇▇▇▇▇▇▇ agrees to furnish to the Premises (a) during reasonable hours of generally recognized Business Days, as established by Landlord from time to time (“Building standard hours”; currently Monday through Friday (excluding Holidays (as defined below)), 8 a.m. to 6 p.m. and Saturday 9 a.m. to 1 p.m.), subject to the conditions and in accordance with the standards set forth 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 judgment for the comfortable use and occupation of the Premises, and to the extent provided in the Building only, elevator service by non-attended automatic elevators, and (b) janitorial service, five (5) days per week (excluding Holidays), at such times as determined by Landlord from time to time. Except as otherwise provided herein, the cost of all such utilities and services shall be included within the definition of Project Costs, and shall be paid by Tenant in the manner set forth in Section 7.1. Landlord shall not be liable for, and Tenant shall not be entitled to terminate this Lease or to any abatement or reduction of Rent by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, Unavoidable Delay or by any other cause. 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 reasonably determined by Landlord, incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the Premises, at ▇▇▇▇▇▇’s sole expense, and Tenant thereafter shall pay all charges of the metered service. If such utilities and services (including, without limitation, HVAC service) are requested by Tenant during hours other than the Building standard hours, Landlord shall use reasonable efforts to furnish such utilities and services upon reasonable Notice from Tenant, and Tenant shall pay Landlord’s charges for such utilities and services therefor on demand as Additional Rent (after-hours HVAC services are charged by Landlord on a per hour basis; Landlord’s current charge for after-hours HVAC services is variable according to several factors, but may be provided to Tenant upon request from time to time, provided that such charge is subject to adjustment by Landlord from time to time). 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 resume services promptly. Landlord shall at all times have free access to all mechanical installations of the Building and Premises, including, but not limited to, air conditioning equipment and vents, fans, ventilating and machine rooms and electrical closets. Tenant shall be responsiblesolely responsible for securing telecommunications services to the Premises, all at its sole cost and expense, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make have no responsibility therefor. For purposes of this Lease, “Holidays” means those days recognized by any federal, state or local governmental agency as a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to holiday which Landlord, in its sole discretion, designates from time to time as an item “Holidays” for purposes of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building servicesLease, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent designation being subject to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted change from time to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenanttime.

Utilities and Services. A. Landlord agrees to furnish or cause to be furnished to the Premises, during reasonable hours determined by Landlord (as set forth in Section 1.K of this Lease) and subject to applicable law and the rules and regulations of the Building, the following utilities and services, subject to the conditions and standards set forth herein: (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 Tenant’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 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, Landlord’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. Notwithstanding the provisions of paragraph 15.A. above, the existing, dedicated package HVAC unit in the server room shall be responsibledelivered in “as is” condition. The electricity for this package HVAC unit shall be at Tenant’s sole cost and expense. The west portion of the Premises is equipped with a package AC unit with electric heating coils for after-hours heat. This portion of the Premises has 24/7 HVAC available to it. The remainder of the Premises is not serviced by separate package HVAC units, but rather by fan coils utilizing chilled water from the main building chiller. Tenant at its sole cost and expenseexpense shall provide maintenance and repairs for the server room package HVAC unit, except that Landlord shall assist with minor, routine maintenance (e.g., change filters and fix drain pans if overturned and minor troubleshooting). Tenant shall reimburse Landlord for after-hours utilization of all package AC units. Landlord reserves the right to install an additional meter to determine Tenant’s normal business hours server room electrical usage. Any after-hours electrical usage will be charged to Tenant at the actual averaged rate charged to the Landlord. Any other after-hours services provided by Landlord caused by Tenant’s after-hours use will be reimbursed to Landlord at Landlord’s normal charges for watersuch services. C. Landlord is not liable for any failure to furnish, gasstoppage of, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other or interruption in furnishing any of services or utilities, materials and services furnished directly to Tenant when such failure is caused by accident, breakage, repairs, strikes, lockouts, labor disputes, labor disturbances, governmental regulation, civil disturbances, acts of war, moratorium or the Premises other governmental action, or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of other cause beyond Landlord’s statement or invoice therefor. Alternativelyreasonable control, Landlord may elect and, in such event, Tenant is not entitled to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for any damages or otherwise for nor will any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ or suspend Tenant’s obligation to pay Base Monthly Rental and Additional Rental or be construed as a constructive or other eviction of Tenant. Further, in the any rent due hereundergovernmental 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 be affected by any action of Landlord. Notwithstanding the foregoingThe parties acknowledge that safety and security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, 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 Tenant’s property and interests, and Tenant must obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as a result of further described in this Lease. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law. The foregoing notwithstanding, in the direct actions of Landlord, event that such services are interrupted to the extent it prevents Tenant from conducting its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of at the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Base Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter hereunder will be abated until after the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair exhaustion of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an its business interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises insurance coverage (which shall be governed by the provisions of Article XI of the Leaserequired under Paragraph 13.B above). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenant.

Utilities and Services. Landlord shall have no obligation to provide utilities or equipment other than the utilities and equipment within the premises as of the commencement date of this lease. Such utilities presently include heat, hot water and electricity. In the instance the Tenant requires additional utilities or equipment, the installation and maintenance thereof shall be the Tenant's sole obligation, provided that such installation shall be subject to the written consent of the Landlord. Tenant shall be responsible, provide at its sole cost and expenseexpense janitorial and sanitation services to the Leased Premises. In exchange for the landlord providing janitorial services to the Leased Premises the tenant agrees to grant landlord access to and use of Tenant’s confidential shredding service. Limitations of Landlord’s Liability. Unless caused by an act or omission, or the negligence of the Landlord, Landlord shall not be liable for all charges any damage to, or loss of, property in the Leased Premises belonging to Tenant, its employees, agents, visitors, licensees or other persons in or about the Leased Premises, or for waterdamage or loss suffered by the business of Tenant, from any cause whatsoever, including, without limiting the generality thereof, such damage or loss resulting from fire, steam, smoke, electricity, gas, electricitywater, sewerrain, heatice or snow, lightwhich may leak or flow from or into any part of the Leased Premises, poweror from the breakage, telephoneleakage, telecommunications serviceobstruction or other defects of the pipes, refuse pickupwires, janitorial serviceappliances, interior landscape maintenance and all other utilitiesplumbing, materials and services furnished directly to Tenant air-conditioning or lighting fixtures of the same, whether the said damage or injury results from conditions arising upon the Leased Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share upon other portions of the cost Building of such utilities and serviceswhich the Leased Premises are a part, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2from other sources. Landlord shall not be liable for damages in any manner to Tenant, its agents, employees, invitees or otherwise visitors for any failure injury or interruption damage to Tenant, Tenant’s agents, employees, invitees or visitors, or their property, caused by the criminal or intentional misconduct, or by any act or neglect of third parties or of Tenant, Tenant’s agents, employees, invitees or visitors, or of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion tenant of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion . In no event shall Landlord be liable to Tenant for any consequential damages sustained by Tenant arising out of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (loss or an equitable portion damage to any property of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties Tenant other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations gross negligence of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenant.

Utilities and Services. Tenant shall be responsibleresponsible for and shall pay promptly, at its sole cost and expensedirectly to the appropriate supplier, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, including without limitation, after-hours HVAC usage, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty ten (3010) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the PremisesPremises that is beyond the reasonable control of Landlord, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇a▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times times, upon reasonable prior written or oral notice to Tenant, have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord, provided that Landlord shall minimize any disruption to Tenant’s use of the Premises. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall may be charged to Tenant.

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 responsibleincreased to the extent that Tenant’s usage or the cost to Landlord of providing electricity increases over the Base Year. In addition, at its sole cost and expensenotwithstanding anything in this Section 19 to 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 (c) Tenant is otherwise liable therefor pursuant to this Section 19, Tenant shall pay for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance heat and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in(provided that light and power are included in the Electric Payment amount, on or about as the Premises during the Termsame may be increased pursuant to this lease), together with any fees, surcharges and taxes thereonthereon (each a “Utility” collectively, the “Utilities”). If any utilities or services are such Utility is not separately metered or assessed to Tenant, Landlord to the extent the same exceed the Base Year costs, Tenant shall make pay a reasonable determination proportion (to be determined by Landlord) of all charges of such Utility jointly metered with other premises as part of Tenant’s proportionate share Operating Expense Obligation or, in the alternative, Landlord may, at its option, monitor the usage of such Utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. 19.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from the failure to furnish any such utility or service, whether or not such failure is caused by accident; breakage; repair; force of nature; act of God; act of terrorism; strike, lockout or other labor disturbance or labor dispute of any character; governmental regulation, moratorium or other governmental action; or Landlord’s inability, despite the exercise of reasonable diligence or by any other cause, including Landlord’s gross negligence, to furnish any such utility or service (collectively, “Force Majeure”). In the event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 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 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 and 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 Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess Utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such amount excess utilities and services. 19.6 Utilities and services provided by Landlord to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect the Premises shall be paid by Tenant directly to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share supplier of such costs in the manner set forth in Section 4.2. Utility or service, except as this Lease expressly provides. 19.7 Landlord shall not be liable provide water in Common Areas for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenantlavatory purposes only; provided, however, that if Landlord is diligently pursuing determines that Tenant requires, uses or consumes water for any purpose other than ordinary lavatory purposes, Landlord may install a water meter and thereby measure Tenant’s water consumption for all purposes. Tenant shall pay Landlord for the repair costs of such utilities meter and the installation thereof and, throughout the duration of Tenant’s occupancy of the Premises, Tenant shall keep said meter and installation equipment in good working order and repair at Tenant’s sole cost and expense. If Tenant fails to so maintain such meter and equipment, Landlord may repair or services replace the same and 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 provides substitute services reasonably 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’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement deemed breached if Landlord is unable to furnish or perform the same by virtue of Basic Rent. Provided Force Majeure. 19.9 Subject to the provisions of this Article 19, Landlord shall diligently pursue furnish the repair 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 its sole discretion, install or eliminate, or increase or reduce the number of, such meters or vary the portions of the Premises which they serve or replace any or all of such utilities and servicesmeters. 19.10 If pursuant to any Applicable Laws, the foregoing provisions 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 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 Premises, and Tenant shall pay to Landlord or its designated contractor upon 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. 19.13 Tenant’s sole recourse and remedy use of electric energy in the event of such an interruption of services. The foregoing provisions Premises shall not apply in case at any time exceed the capacity of any of the actions 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 parties other than electricity via the Building’s electric system, Tenant shall not, without Landlord, its employees, contractors or authorized agents, or ’s prior consent in the case of damage to, or destruction of, the Premises each instance (which shall not be governed unreasonably withheld, based upon availability of electric energy in the Building 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 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 Article XI of the Lease). Any disputes concerning Landlord shall have the foregoing provisions 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 submitted to furnished and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred installed by Landlord related to providing above-standard utilities to Tenant at Landlord’s expense (which shall only be provided upon Tenant’s requestconstitute an Operating Expense, amortized on a straight line basis over the useful life of the items in question, as reasonably determined by Landlord), including, without limitation, telephone lines, shall be charged to Tenant.

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 attached hereto as 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. 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 any of the foregoing utilities and services if such failure is caused by all or any of the following: (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 or inaction; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or (v) any other cause beyond Landlord's reasonable control. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be responsibleentitled to any abatement or reduction of rent (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 will result from such failure and Tenant will not be relieved from the performance of any covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord agrees to diligently attempt to resume service 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 fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the Premises, at its Tenant's sole cost and expense, for and Tenant agrees thereafter to pay all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance of the utility providing service and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, Landlord shall make a reasonable determination of Tenant’s provided Tenant will remain obligated to pay its proportionate share of the cost of Operating Expenses subject to such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunderadjustment. Notwithstanding the foregoinganything in this Lease, if if, as a result of the direct actions negligent acts or omissions of Landlord, Landlord or its employeesagents, contractors or authorized agentsemployees, for more than three five (35) consecutive business days following written notice to Landlord Landlord, there is no elevator service to the Premises, or no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a any portion of the Premises cannot be and is not used by Tenant, in Tenant's judgment reasonably exercised, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) 's rent shall thereafter be abated until the Premises are again usable by Tenant in proportion to the 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 Tenant’s 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rentrent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions This paragraph shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (Building, which shall be governed by the provisions a separate provision of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access Notwithstanding any of the foregoing to the Building contrary, Tenant may not ▇▇▇▇▇ rent if Landlord disputes Tenant's right to ▇▇▇▇▇ or the amount of such abatement, until and Premises to install, maintain, repair, replace or remove all electrical the extent the arbitrator provides that Tenant may do so in accordance with and mechanical installations pursuant to the terms of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to TenantParagraph 50 hereof.

Utilities and Services. 16.1 Tenant shall be responsible, at its sole cost and expense, pay for all charges for waterwater (including the cost to service, repair and replace reverse osmosis, deionized and other treated water facilities serving only the Demised Premises), gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance telephone and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermDemised Premises, together with any fees, surcharges and taxes thereon. If any utilities or services are such utility is not separately metered or assessed to Tenant, Landlord Tenant shall make pay a reasonable determination proportion to be determined by Landlord of all charges jointly metered with other premises as part of Tenant’s proportionate share Pro Rata Share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Operating Expenses. 16.2 Landlord shall not be liable for damages nor shall any eviction of Tenant result from the failure to furnish any such utility or otherwise for any service whether or not such failure is caused by accident, breakage, repairs, strikes, lockouts or interruption other labor disturbances or labor disputes of any utility character, governmental regulation, moratorium or other service governmental action, inability despite the exercise of reasonable diligence or by any other cause, including the negligence of Landlord. In the event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, nor be relieved from the operation of any covenant or agreement of this Lease. In the event that Landlord fails to make a repair that Landlord is obligated to make pursuant to the terms of this Lease and as a result Tenant is substantially interfered with or interrupted in conducting its business in the Demised Premises, or if such failure might adversely affect the health or safety of any animals being used in the Demised Premises or the integrity of any experiments or studies being conducted on any such animals, Tenant, at its sole cost and expense (unless such repair was an obligation of Landlord pursuant to Section 18.1 that was not includible as an Operating Expense, or unless such repair was a capital expenditure in excess of $75,000.00 that would have been amortized as an Operating Expense pursuant to Section 7.1(b), in either of which events Landlord shall reimburse Tenant in an amount equal to the reasonable costs paid by Tenant to make such repair promptly following a request by Tenant for reimbursement accompanied by copies of all invoices paid by Tenant), shall have the right to make such repair. In the event that Tenant makes any such repair Tenant shall give Landlord prompt notice of Tenant’s repair and Tenant shall deliver to Landlord copies of all invoices paid by Tenant to effect any such repair. 16.3 Tenant shall pay for, prior to delinquency, any utilities and services which may be furnished to the PremisesDemised Premises during the Term. 16.4 Tenant shall not, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding without the foregoing, if as a result of the direct actions prior written consent of Landlord, its employeesuse any device in the Demised Premises, contractors including, but without limitation, data processing machines, which will in any way increase the amount of ventilation, air exchange, gas, steam, electricity or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion water beyond the existing capacity of the Building (as such capacity may be increased based upon improvements by Landlord or Tenant). Landlord acknowledges that Tenant shall be entitled to install an additional tunnel/cage washer in the Demised Premises, or such an interruption of . 16.5 Landlord shall make a commercially reasonable effort to require that other essential utilities and building services, such as fire protection or water, so that all or a portion tenants of the Premises canBuilding do not be used by Tenant, then make any unreasonable noise or vibrations which may unreasonably disturb Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all use of the Demised Premises are affected) shall thereafter be abated until for the Premises are again usable by Tenant; Permitted Use, provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement liable to Tenant for damages for the failure of Basic Rent. Provided Landlord shall diligently pursue any other tenant to comply with the repair requirements of such utilities tenant’s lease or with applicable laws. 16.6 Utilities and services, services which are separately metered to the foregoing provisions Demised Premises shall be Tenant’s sole recourse and remedy in paid by Tenant directly to the event supplier of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors utility or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenantservice.

Utilities and Services. Tenant shall be responsible, at its sole cost and expense, arrange for all charges for telephone, water, gas, electricity, sewerjanitorial services, heat, light, life safety systems and other power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials utilities and services furnished directly to Tenant which it shall require in connection with its use or occupancy of the Premises or used and shall pay for the same by Tenant in, on or about direct payment to the Premises during the Termprovider thereof, together with any taxes thereontaxes, penalties, surcharges or the like pertaining thereto. Notwithstanding the foregoing, during the Normal Business Hours of the Building specified in Article 1 above, Landlord shall furnish the Premises with heating, ventilation and air conditioning services for normal and customary office use (“HVAC”). If requested by Tenant, Landlord shall furnish HVAC service to the Premises at times other than the Normal Business Hours of the Building and Tenant shall pay for the cost of such after-hours services at Landlord’s then prevailing rate, which rate shall take into account any excess wear and tear and maintenance expenses as a result of such excess use, but shall not include Landlord’s overhead or any profit ▇▇▇▇-up. If the HVAC is in need of maintenance or repair, Landlord shall repair the HVAC unless Landlord, in its reasonable discretion, determines that it is more feasible to replace the HVAC. If Landlord replaces the HVAC, the cost of such replacement HVAC shall be included in Operating Expenses and amortized in accordance with subsection 1.12 of Section 29.L. below. Subject to the other terms of this Lease (including, without, limitation, Tenant’s responsibility for maintaining any supplemental HVAC or generators exclusively serving the Premises), Landlord shall be responsible for maintaining all utility systems and equipment located outside of the Building, with the costs of such maintenance to be included in Operating Expenses. Except as expressly provided above, Landlord shall have no obligation to furnish any utilities or services to the Premises or any equipment providing for the same. Tenant shall be solely responsible for any supplemental HVAC to the Premises as Tenant shall require for the comfortable occupancy thereof. Tenant acknowledges that Landlord has informed Tenant that, as of the date hereof, the utilities serving each of the Buildings are not separately metered and Landlord agrees to maintain such separate metering during the Term. Except as provided pursuant to Section 12.B. below, Tenant shall maintain, repair and replace all such items, operate the same, and keep the same in good working order and condition. Tenant shall not install any equipment or assessed fixtures, or use the same, so as to Tenantexceed the safe and lawful capacity of any utility equipment or lines serving the same. The installation, Landlord alteration, replacement or connection of any utility equipment and lines, and any other equipment or systems or Alterations which Tenant shall make a reasonable determination require in order to supply supplemental HVAC or other services, shall be subject to the provisions of Section 5.C. above. Tenant shall ensure that all Tenant’s proportionate share of the cost of such utilities supplemental HVAC equipment, is installed and servicesoperated at all times in a manner to prevent roof leaks, and damage, or noise due to vibrations or improper installation, maintenance or operation. Tenant shall pay such amount to Landlordobtain, at its expense all electric light bulbs, ballasts and tubes as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in it shall require for the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2Premises. Landlord shall not be liable for any damages directly or otherwise for indirectly resulting from nor shall the Monthly Rent, Operating Expenses or any failure other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason of (a) the installation, use or interruption of use of any utility or other service furnished to equipment used in connection with the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ furnishing of any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential foregoing utilities and building services, such as fire protection (b) failure to furnish or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of delay in furnishing any such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agentsany reason whatsoever, or in (c) the case limitation, curtailment, rationing or restriction on use of damage towater, electricity, gas or destruction of, any other form of energy or any other service or utility whatsoever serving the Premises (which shall be governed by or the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this LeaseProject. Landlord shall at all be entitled to cooperate voluntarily and in a reasonable times have free access manner with the efforts of national, state or local government agencies or utility suppliers in reducing energy or other resource consumption, consistent with the operation of a first class office building. Tenant’s utilization of utilities and services shall be subject to the Building limitations of any such voluntary, reasonable program that Landlord shall implement and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that uniformly apply for the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to TenantProject.

Utilities and Services. 16.1 Tenant shall be responsible, at its sole cost and expense, pay for all charges for water (including the cost to service, repair and replace reverse osmosis, deionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance telephone and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermDemised Premises, together with any fees, surcharges and taxes thereon. If any All such utilities or services are not shall be separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share Tenant as of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Term Commencement Date. 16.2 Landlord shall not be liable for damages for, nor shall any eviction of Tenant result from, the failure to furnish any such utility or otherwise service whether or not such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability despite the exercise of reasonable diligence or by any other cause except the willful misconduct or the gross negligence of Landlord. In the event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, nor be relieved from the 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 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 accident or emergency or for repairs, alterations or improvements, in the good faith 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 interruption electric service, when prevented from doing so by strike or accident, or by laws, rules, order, ordinances, directions, regulations or requirements of any utility 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 furnished pursuant to any of the Premisesterms, and no such failure covenants, conditions, provisions or interruption agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed an eviction breached if Landlord is unable to furnish or entitle Tenant to terminate this Lease perform the same by virtue of a strike or withhold labor trouble or ▇▇▇▇▇ any rent due hereunderother cause whatsoever. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, in exercising its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone linesrights hereunder, shall be charged use commercially reasonable efforts to minimize any disruption to or interference with the conduct of Tenant's business.

Utilities and Services. Provided Tenant shall be responsible, at its sole cost and expense, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with is not in default under any taxes thereon. If any utilities or services are not separately metered or assessed to Tenantprovision of this Lease, Landlord shall make a reasonable determination furnish to the Premises, between the hours of Tenant’s proportionate share 8:00 a.m. and 6:00 p.m. on Monday through Friday of each calendar week during the term of this Lease, legal holidays excepted, the following services and utilities: (a) Heat and air conditioning for the Premises; (b) 110 volt/60 cycle electric current in the amounts sufficient for lighting the Premises and powering customary business machines used thereon. In the event Tenant utilizes the services and utilities described in Paragraph (8)(a) & (b) at times and for purposes other than designated above, then Tenant shall pay the cost of such utilities said services and servicesutilities. (c) Janitorial and maintenance service, including sweeping, washing or vacuuming of floors and floor coverings, window cleaning and replacement of light bulbs and fluorescent tubes in all light fixtures installed in the Premises by Landlord. Generally, janitorial services are provided during hours other than 8:00 a.m. to 6:00 p.m. Monday through Friday. Landlord shall also maintain the common entrances/exits, stairways and lavatory facilities in the Building, and Tenant shall pay such amount the parking area adjacent to Landlordthe Building and the access ways thereto, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2a clean and orderly condition. Landlord shall not be liable liable, however, for damages either the failure, or delay, to furnish any of the services or utilities specified in this Paragraph 8, or the curtailment of such services or utilities, where such failure or curtailment is caused by conditions beyond the reasonable control of Landlord or by accidents, strikes, repairs, or improvements to Premises, or the Building, nor shall any such failure constitute a constructive eviction of Tenant, entitle Tenant to the abatement of rent, relieve Tenant from observing and performing any of the provisions of this Lease, or any other claims against Landlord. Whenever heat generating equipment or lighting other than building standard lights are used in the Premises by Tenant which affect the temperature otherwise maintained by the air conditioning system, Landlord shall have the right, after notice to Tenant, to install supplementary air conditioning facilities in the Premises or otherwise for any failure or interruption of any utility or other service furnished to modify the ventilating and air conditioning system serving the Premises, and no the cost of such failure or interruption facilities and modifications shall be deemed an eviction or entitle borne by Tenant. Tenant shall pay concurrently with the rent the cost of providing all cooling energy to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises canin excess of that furnished for normal office use or during hours requested by Tenant when air conditioning is not otherwise to be used furnished by Tenant, then Tenant’s Basic Rent (Landlord. If Tenant requires power in excess of that provided for normal office use in the Building or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable may impose a reasonable charge for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such any utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, air conditioning, electricity, and water, provided by Landlord by reason of: (i) any use of the Premises at any time other than the hours set forth above; (ii) any use beyond what Landlord agrees herein to furnish; (iii) special electrical, cooling and ventilating needs created by Tenant's telephone linesequipment, shall computers, electronic data processing equipment and other similar equipment or uses; or (iv) additional electrical consumption resulting from the use by Tenant of high voltage desk or floor lamps. Landlord, at its option, may require installation of metering devices, at Tenant's expense, for the purpose of metering Tenant's utility consumption. After hours utilities will be charged to available for Tenant at Tenant's sole cost and expense.

Utilities and Services. 17.1 Landlord agrees during the Lease Term to furnish 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 comfortable use and occupancy of the Premises (which amounts shall be materially consistent with the amounts being provided by landlords of comparable buildings in the San Francisco South of Market area), janitorial service (including washing the exterior of the 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 Paragraph 17.2 below, Landlord shall not be liable for, and Tenant shall not be entitled to any abatement or reduction of rent by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or for other causes beyond Landlord’s reasonable control. Landlord’s cost of providing such services 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, ordinance or governmental regulation permitting the termination of this Lease due to the interruption or failure of or inability to provide any services required to be provided by Landlord hereunder. If Tenant requires or utilizes materially more water, electric power or other utility service than is considered typical 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 at its option, require Tenant to pay 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 responsible, at its sole cost prorated to reflect the area of that portion of the Premises so served and expense, the area of the other tenants’ premises served. Electrical power required in connection with any special air conditioning installed for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or a “computer room” in the Premises or used by electric power otherwise required in connection with any such “computer room” shall be considered extraordinary and Tenant inshall 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, on or about but only to the extent such usage exceeds the electrical consumption which would occur were the studio portion of the Premises during the Termdevoted to general office use, together with any taxes thereonas defined above. If any utilities or services are not separately metered or assessed to TenantIn addition, Landlord may, but shall make a reasonable determination of not be required to, install separate meter(s) for the Premises, or advisory meters, at Tenant’s proportionate share sole expense, and Tenant thereafter shall pay all charges in excess of the cost of normal office use of such utilities and services, 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 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 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 such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt by Tenant of Landlord’s statement written invoice detailing such charges, Landlord’s cost for the maintenance and/or replacement, as applicable, of all such incandescent light bulbs installed or invoice thereforother Building Nonstandard lighting fixtures. AlternativelyLandlord shall provide Tenant access to the Premises on a twenty-four (24) hour per day, Landlord may elect seven (7) days per week basis, subject to include such cost in events beyond Landlord’s reasonable control. 17.2 Notwithstanding anything to the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner contrary set forth in Section 4.2. 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 shall not be liable for damages or otherwise for any failure or interruption failed to perform as required by this Lease, which substantially interferes with Tenant’s use of any utility or other service furnished to the Premises, (b) any 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 no if such failure or interruption 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 deemed an eviction abated or entitle 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 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 terminate this Lease or withhold or 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 ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoingBase Rent and Operating Rent, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent obligation to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable pay for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions parking shall be Tenant’s sole recourse and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as provided in this Section 19.5.2, nothing contained herein shall be interpreted to mean that Tenant 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 have the right to terminate this Lease by notice to Landlord (the “Abatement Event Termination Notice”), effective as of a date set forth in the event of such an interruption of services. The foregoing provisions Abatement Event Termination Notice (the “Abatement Event Termination Date”), which Abatement Event Termination Date shall not apply 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 contrary in case of this Section 17.3, Tenant shall have the actions of parties other than Landlord, its employees, contractors right to terminate this Lease under this Section 17.3 only if Tenant is not then in economic or authorized agents, or material non-economic default under this Lease beyond any applicable notice and cure period expressly set forth in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenant.

Utilities and Services. 15.1. Tenant shall be responsible, at its sole cost and expense, pay for all charges for water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, telecommunications internet service, refuse pickupcable television, janitorial service, interior landscape maintenance other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord Tenant’s Share of Operating Expenses to reflect such excess. In the event that one of the Buildings or the Project is less than fully occupied, Tenant acknowledges that Landlord may extrapolate utility usage that vary depending on the occupancy of the Buildings or Project, as applicable, by dividing (a) the total cost of utility usage by (b) the Rentable Area of the Buildings or Project (as applicable) that is occupied, then multiplying (y) the resulting quotient by (z) ninety-five percent (95%) of the total Rentable Area of the Buildings or Project (as applicable). Tenant shall pay Tenant’s Share of the product of (y) and (z), subject to adjustment based on actual usage as reasonably determined by Landlord; provided, however, that Landlord shall not recover more than one hundred percent (100%) of such utility costs. 15.2. Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by accident; breakage; repair; strike, lockout or other labor disturbance or labor dispute of any character; act of terrorism; shortage of materials, which shortage is not unique to Landlord or Tenant, as the case may be; governmental regulation, moratorium or other governmental action, inaction or delay; or other causes beyond Landlord’s control (collectively, “Force Majeure”) or Landlord’s negligence. In the event of such failure, Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease; provided, however, if such interruption is the result of Landlord’s gross negligence or willful misconduct and continues for ten (10) consecutive business days, Tenant shall be entitled to an abatement or reduction of rent proportionate to the portion of the Premises as to which Tenant’s use is interrupted, to the extent such interruption persists. 15.3. Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term, beyond those utilities provided by Landlord, including telephone, internet service, cable television and other telecommunications, together with any fees, surcharges and taxes thereon. 15.4. Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water required or consumed in the Premises based upon Tenant’s Pro Rata Share of the Buildings or Project (as applicable) beyond the existing capacity of the Buildings or the Project usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Buildings’ or Project’s (as applicable) capacity to provide such utilities or services. 15.5. If Tenant shall require utilities or services are not separately metered in excess of those usually furnished or assessed to Tenant, Landlord shall make a reasonable determination supplied for tenants in similar spaces in the Buildings or the Project by reason of Tenant’s proportionate share equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the cost use thereof, which consent Landlord may condition upon the availability of such excess utilities and or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of excess utilities and services. 15.6. Upon Landlord’s statement or invoice therefor. Alternativelydemand, Landlord may elect utilities and services provided to include such cost in the definition of Project Costs in which event Premises that are separately metered shall be paid by Tenant shall pay Tenant’s proportionate share directly to the supplier of such costs in the manner set forth in Section 4.2utility or service. 15.7. Landlord shall not be liable provide water in Common Areas for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premiseslavatory purposes only, and no such failure or interruption which water shall be deemed an eviction from the local municipal or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenantsimilar source; provided, however, that if Landlord is diligently pursuing determines that Tenant requires, uses or consumes water for any purpose other than ordinary lavatory purposes, Landlord may install a water meter and thereby measure Tenant’s water consumption for all purposes. Tenant shall pay Landlord for the repair costs of such utilities meter and the installation thereof and, throughout the duration of Tenant’s occupancy of the Premises, Tenant shall keep said meter and installation equipment in good working order and repair at Tenant’s sole cost and expense. If Tenant fails to so maintain such meter and equipment, Landlord may repair or services replace the same and 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. 15.8. Landlord reserves the right, upon reasonable, prior written notice to Tenant absent exigent circumstances in which the giving of such notice is not reasonably possible, to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems reasonably 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 provides substitute services reasonably 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 Landlord’s negligence; 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. If any such repairs, alterations or improvements might require or cause an interruption in electrical service to the Premises or any portion thereof, Landlord will give to Tenant at least three (3) business days prior written notice whenever practicable. 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’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement deemed breached if Landlord is unable to furnish or perform the same by virtue of Basic RentForce Majeure or Landlord’s negligence. 15.9. Provided For the Premises, Tenant 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) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, every day during the Term, subject to casualty, eminent domain or as otherwise specified in this Article. Notwithstanding anything to the contrary in this Section, Landlord shall diligently pursue have no liability, and Tenant shall have no right or remedy, on account of any interruption or impairment in HVAC services. If requested in writing by Landlord, Tenant shall provide Landlord copies of HVAC maintenance contracts and HVAC maintenance reports on a quarterly basis. In the repair of event Landlord determines that Tenant is not properly maintaining the HVAC, Landlord may take over the responsibilities in (a) and (b) above. 15.10. For any utilities serving the Premises for which Tenant is billed directly by such utility provider, Tenant agrees to furnish to Landlord (a) any invoices or statements for such utilities and services, the foregoing provisions shall be within thirty (30) days after Tenant’s sole recourse receipt thereof and remedy in (b) within thirty (30) days after Landlord’s request, any other utility usage information reasonably requested by Landlord. Tenant shall retain records of utility usage at the event of such an interruption of services. The foregoing provisions shall not apply in case of Premises, including invoices and statements from the actions of parties other than Landlordutility provider, its employees, contractors or authorized agentsfor at least sixty (60) months, or in the case such other shorter period of damage to, or destruction of, the Premises (which shall time as may be governed requested by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that any utility information for the costs incurred Premises, the Buildings and the Project may be shared with third parties, including Landlord’s consultants and Governmental Authorities. In the event that Tenant fails to comply with this Section, Tenant hereby authorizes Landlord to collect utility usage information directly from the applicable utility providers. 15.11. Subject to the provisions of this Article, 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 related to providing above-standard utilities to Tenant (which shall only be provided upon Landlord, in each case at Tenant’s request)expense, includingmeasuring the amount of electric energy furnished to the Premises. Tenant shall pay for electric energy (for which it is liable for payment under this Article) in accordance with Sections 15.1 and 15.10 within ten (10) days after receipt of any bills related thereto. The amount charged for electric energy furnished to the Premises, without limitation, telephone linesexcluding HVAC Electric, shall be charged one hundred percent (100%) of Landlord’s cost (including those charges applicable to or computed on the basis of electric consumption, demand and hours of use, any sales or other taxes regularly passed on to Landlord by such public utility company, fuel rate adjustments and surcharges, 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’ prior notice to Landlord for the purpose of verifying Landlord’s meter readings (if any). From time to time during the Term, Landlord may, in its sole discretion, (a) install or eliminate such meters, (b) increase or reduce the number of such meters, (c) vary the portions of the Premises that such meters serve or (d) replace any or all of such meters. 15.12. If, pursuant to Applicable Law, the charges to Tenant pursuant to Section 15.10 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. 15.13. In no event shall Landlord be liable 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 Project with electric energy, or for any other reason not attributable to Landlord’s gross negligence or willful misconduct. 15.14. Tenant, at its sole cost, shall furnish and install all replacement lighting tubes, lamps, bulbs and ballasts required in the Premises. 15.15. 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 ensure that such capacity is not exceeded, and to avert a possible adverse effect upon the Project’s distribution of electricity via the Project’s electric system, Tenant shall not, without Landlord’s prior written consent in each instance (which consent Landlord may condition upon the availability of electric energy in the Project as allocated by Landlord to various areas of the Project) connect any fixtures, appliances or equipment (other than normal business machines) to the Buildings’ or Project’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 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 this 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. 15.16. Throughout the Term, Tenant shall have a non-exclusive license to a portion of the Utility Yard as depicted on the attached Exhibit A (the “Utility Yard”), solely for the purpose of installing, maintaining and operating thereon (all at Tenant’s sole cost) certain equipment necessary for Tenant’s use of the Premises. Prior to the installation of any equipment in the Utility Yard, Tenant shall provide to Landlord a detailed listing and description of the equipment, together with a plat showing the proposed location thereof. Any equipment in the Utility Yard shall not emit any noise, vibrations, fumes, or other substances, or would otherwise cause any nuisance or disturbance to Landlord or any other tenant. The types and locations of the equipment to be installed shall be subject to Landlord’s reasonable approval. Tenant shall screen, fence or otherwise enclose Tenant’s approved equipment at its sole cost in accordance with Applicable Laws and the reasonable requirements of Landlord. The portion of the Utility Yard used by Tenant shall form a part of the Premises (except that such area shall not be included for calculation of the square footage of the Premises) and shall be governed and subject to all of the restrictions, indemnification obligations, use requirements and other terms and provisions of the Lease applicable to the Premises. Under no circumstances shall Tenant install any underground storage tanks or other equipment utilizing Hazardous Materials without Landlord’s prior written consent, and otherwise on the terms and conditions set forth in Article 20. Tenant acknowledges and agrees that a portion of the Utility Yard may be needed by other tenants of the Project, and therefore agrees to reasonably cooperate with Landlord in allowing the use of and access to the Utility Yard by such other tenants. Tenant additionally agrees to relocate, consolidate or otherwise adjust its usage of the Utility Yard to accommodate the needs of Landlord and other tenants of the Project from time to time upon reasonable notice from Landlord. Under no circumstances shall Tenant’s use of the Utility Yard interfere with any operations of Landlord or any other tenant of the Building or the Project.

Utilities and Services. Tenant Landlord shall be responsible, at its sole cost and expense, for all charges for watersupply reasonable amounts of electricity, gas, electricitywater, sewer, heattrash, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or utilities serving the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and servicesPremises, and Tenant shall pay for all such amount to Landlord, utility services as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice thereforAdditional Rent. Alternatively, Landlord may elect to include measure and charge such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request)by any reasonable method, including without limitation by submeter, by allocating a per square foot cost for such utilities, or by other means not uncommon to the real estate industry. Landlord may also establish any reasonable manner and method of payment of such utilities, including, without limitation, telephone linespayment of a certain sum on a monthly basis, subject to reconciliation at the end of the applicable measuring year, or providing monthly invoices to Tenant, or having Tenant pay certain utilities directly to the utility provider, or any other method not uncommon to the real estate industry. Tenant, at Tenant’s expense, shall purchase and install all light bulbs, lamps, light fixtures, and all replacement light bulbs, lamps, and light fixtures used in the Premises. Landlord shall not in any way be charged liable or responsible to Tenant for any loss, damage or expense, so long as Landlord is not at fault, which Tenant may sustain or incur: (i) if the quantity, character, or supply of utilities is changed or is no longer available or suitable for Tenant’s requirements, or (ii) due to interruption of utilities. Tenant agrees that it will not make any material alteration or addition to the electrical equipment, utility lines and components, appliances or fixtures in the Premises without the prior written consent of Landlord, which may not be reasonably withheld. Tenant shall be responsible at its sole cost and expense for the payment of all telecommunication services provided to the Premises (including the installation of the components, equipment, and facilities providing such services). Landlord shall supply only standard telecommunications services to the Premises. Landlord reserves the right to interrupt, curtail, stop or suspend the furnishing of the services described herein, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements which are, in the reasonable judgment of Landlord, desirable or necessary to be made, or by reason of difficulty or inability in securing supplies or labor, or by reason of strikes, or by reason of any other cause beyond the reasonable control of Landlord. There shall be no diminution or abatement of Rent or other compensation due from Tenant to Landlord hereunder, and the Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension. Except for those utility costs and other services to be paid by Tenant directly to Landlord or to the applicable utility provider according to the terms of this Lease, all utility costs (including without limitation the costs to obtain, maintain, repair and replace such utilities, as well as the cost to the applicable utility provider of the utility being provided) shall be included in Operating Costs (defined below).

Utilities and Services. Tenant shall be responsible, at its sole cost and expense, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.21. Landlord shall not agrees to furnish or cause to be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the 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, subject to the conditions and standards set forth herein: (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 Tenant's refuse and rubbish, to the extent the same exceeds the refuse and rubbish attendant to normal office usage), (iv) radiant heat and air conditioning, (v) at all reasonable times, electric current as required for building standard lighting and customary office equipment. However: (a) without Landlord'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, Landlord'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. 2. Landlord is not liable for any failure to furnish, stoppage of, or 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 shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ or suspend Tenant's obligation to pay Base Monthly Rental and Additional Rental or be construed as a constructive or other eviction of Tenant. Further, in the event any rent due hereundergovernmental 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 be affected by any such action of Landlord. Notwithstanding the foregoingThe parties acknowledge that safety and security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, 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 Tenant's property and interests, and Tenant must obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in this Lease. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law. The foregoing notwithstanding, in the event that such services are interrupted for a result period of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three ten (310) consecutive days and such interruption prevents Tenant from conducting its business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of at the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic 's Base Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter hereunder will be abated until for the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair period of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenantinterruption.

Utilities and Services. 16.1. Tenant shall be responsible, at its sole cost and expense, pay for all charges for water, (including the cost to service, repair and replace reverse osmosis, deionized and other treated water) gas, electricity, sewer, heat, light, power, telephonetelephone and other utilities supplied to the Demised Premises, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance the Building and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermCommon Area, together with any fees, surcharges and taxes thereon, including, without limitation, water in Common Areas for drinking and lavatory purposes. If any utilities or services are such utility is not separately metered or assessed to Tenant, Landlord Tenant shall make pay a reasonable determination proportion to be determined by Landlord of all charges jointly metered with other premises as part of Tenant’s proportionate share 's Pro Rata Share of Operating Expenses, or in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such utilities metering equipment, which shall be paid by Tenant as Additional Rent. Tenant agrees to pay for its Pro Rata Share of water consumed in Common Areas, as shown on said meter, as and serviceswhen bills are rendered, and Tenant shall pay on default in making such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternativelypayment, Landlord may elect to include pay such cost in charges and collect the definition of Project Costs in which event Tenant shall pay same from Tenant’s proportionate share of . Any such costs in or expenses incurred, or payments made by Landlord for any of the manner set forth in Section 4.2reasons or purposes herein above stated shall be deemed to be Additional Rent payment by Tenant and collectible by Landlord as such. 16.2. Landlord shall not be liable for damages for, nor shall any eviction of Tenant result from, the failure to furnish any such utility or otherwise for any service whether or not such failure is caused by accident, breakage, repairs, strikes, lockouts or interruption other labor disturbances or labor disputes of any utility character, governmental regulation, moratorium or other service furnished to governmental action, inability despite the Premisesexercise of reasonable diligence or by any other cause, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding including the foregoing, if as a result of the direct actions gross negligence of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in In the event of such an interruption of services. The foregoing provisions failure, Tenant shall not apply be entitled to any abatement or reduction of Rent (except to the extent of any rental abatement or interruption insurance proceeds actually received by Landlord with respect to such period), nor be relieved from the 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, use any device in case 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 the existing capacity of the actions Building as proportionately allocated to the Demised Premises based upon Tenant's Pro Rata Share. 16.5. If Tenant shall require services in excess of parties other than Landlord, its employees, contractors that usually furnished or authorized agents, or supplied for similar space in the case Building, by reason of damage toequipment operated and/or extended hours of business operation, or destruction of, Tenant may procure the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to same all at Tenant's sole cost and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Leaseexpense. 16.6. Landlord shall at all reasonable times have free access provide water to the Building outdoor portions of the Common Areas for landscape irrigation purposes only, and Premises Tenant shall pay Tenant's Pro Rata Share thereof as an Operating Expense. 16.7. Landlord reserves the right to installstop service of the elevator, maintainplumbing, repairventilation, replace air conditioning and electric systems, when necessary, by reason of accident or remove all electrical 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 mechanical installations Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning, electric or other utility 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. Tenant acknowledges that 's part to furnish any service pursuant to any of the costs incurred by Landlord related terms, covenants, conditions, provisions or agreements of this Lease, or to providing above-standard utilities to Tenant (which shall only be provided upon perform any act or thing for the benefit of Tenant’s request), including, without limitation, telephone lines, shall not be charged deemed breached if Landlord is unable to Tenantfurnish or perform the same by virtue of a strike or labor trouble or any other cause whatsoever.

Utilities and Services. Tenant shall be responsibleresponsible for and shall pay promptly, at its sole cost and expensedirectly to the appropriate supplier, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s 's proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty ten (3010) days after receipt delivery of Landlord’s 's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Operating Related Costs in which event Tenant shall pay Tenant’s 's proportionate share of such costs in the manner set forth in Section 4.2. Unless caused by Landlord’s willful misconduct, Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇a▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities and services to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall may be charged to Tenant.

Utilities and Services. Tenant shall Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be responsible, at its sole cost and expense, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials furnished to the Premises the utilities and services furnished directly described in the Standards for Utilities and Services attached hereto as 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. Any such additional services will be provided to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to at Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2's cost. Landlord shall will not be liable for damages or otherwise to Tenant for any failure to furnish any of the foregoing utilities and services if such failure is caused by all or interruption any of the following: (i) accident, breakage or repairs, (ii) strikes, lockouts or other labor disturbance or labor dispute of any utility character; (iii) governmental regulation, moratorium or other service furnished governmental action or inaction; (iv) inability despite the exercise of reasonable diligence to the Premisesobtain electricity, and no such failure water or interruption shall be deemed an eviction fuel; or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ (v) any rent due hereunderother cause beyond Landlord's reasonable control. Notwithstanding the foregoingIn addition, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an any stoppage or interruption of services. The foregoing provisions services or utilities, Tenant shall not apply be entitled to any abatement or reduction of rent (except as expressly provided in case Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord agrees to diligently attempt to resume service 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 fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and Tenant agrees thereafter to pay all charges of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to utility providing service and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged 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.

Utilities and Services. Tenant Landlord shall be responsibleuse all reasonable efforts to furnish (as part of Operating Expenses) heating, at its sole cost and expenseventilation, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickupair conditioning, janitorial service, interior landscape maintenance elevator service, hot and all cold water for reasonable and normal drinking and lavatory use, replacement light bulbs and/or fluorescent tubes and ballasts for standard overhead fixtures and sufficient electricity to operate (i) typewriters, calculating machines, photocopying machines and other utilitiesmachines of similar low electrical consumption (120/208 volts); provided, materials however, total rated power consumption by said machines of low electrical consumption shall not exceed one and services furnished directly one-half (1 1/2) watt▇ ▇▇▇ square foot of Net Rentable Area in the Premises; and (ii) equipment of high electrical consumption (277/480 volts); provided, however, total rated power consumption by said equipment of high electrical consumption shall not exceed three and one-half (3 1/2) watt▇ ▇▇▇ square foot of Net Rentable Area in the Premises. Tenant shall pay to Tenant or the Premises or used by Tenant inLandlord, on or about the Premises during the Termmonthly as billed, together with any taxes thereon. If any utilities or services are not such charges as may be separately metered or assessed to as Landlord's engineer shall reasonably compute for any electrical service usage in excess of that stated above. If Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share 's use of the cost Premises requires separate metering and/or air conditioning in excess of such utilities Building standard, the same shall be purchased and services, installed at Tenant's expense and Tenant shall pay such amount all operating costs relating thereto. In addition to the above described services, Landlord shall provide equipment and personnel to limit access to the Building after normal business hours; provided, however, Landlord shall have no responsibility to prevent, and shall not be liable to Tenant for, and shall be indemnified by Tenant against, liability or loss to Tenant, its agents, contractors, employees, licensees, guests and visitors arising out of losses due to theft, burglary, or damage or injury to persons or property caused by persons gaining access to the Building or the Premises, and Tenant hereby releases Landlord from all liability relating thereto. Said services and utilities shall be provided during normal business hours of the Building which are currently Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 1:00 p.m., excluding the normal business holidays of New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Landlord, as an item from time to time during the term of this Lease, shall have the right to designate additional rentholidays, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include provided that such cost additional holidays are commonly recognized by other office buildings in the definition Galleria/Post Oak area of Project Costs in which event Tenant Houston, Texas. Utilities and services required at other times shall pay Tenant’s proportionate share be subject to a charge of such costs in the manner set forth in Section 4.2$35.00 per hour or fraction thereof. Landlord shall not be liable for damages failure to furnish any of the utilities described in this Paragraph 18 and Tenant shall have no right to abatement of rental hereunder or otherwise to termination of this Lease with respect to any such interruption nor shall such failure constitute an eviction, nor shall Landlord be liable under any circumstances for any failure loss of or interruption injury to property, however occurring through or in connection with or incidental to the furnishing of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing enumerated above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenant.

Utilities and Services. Tenant shall be responsible, at its sole cost and expense, arrange for all charges for telephone, water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance electricity and all other utilities, materials power and services furnished directly to Tenant utilities which it shall require in connection with its use or occupancy of the Premises or used by Tenant in, on or about and shall pay for the Premises during the Termsame, together with any taxes thereontaxes, penalties, surcharges or the like pertaining thereto. In addition, Landlord shall have no obligation to furnish any utilities or services to the Premises or any equipment providing for the same. Without limitation, Tenant shall be solely responsible for providing such heating, ventilation and air conditioning (“HVAC”) to the Premises as Tenant shall require for the comfortable occupancy thereof. Any equipment or systems which Tenant shall require in order to supply HVAC shall be subject to the provisions of Section 9 above. Tenant shall obtain, at its expense all electric light bulbs, ballasts and tubes as it shall require for the Premises. If any of the foregoing utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to a reasonable proportion, as determined by Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in all charges jointly serving the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2Premises and other premises. Landlord shall not be liable for any damages directly or otherwise for indirectly resulting from nor shall the Base Rent, Operating Expenses or any failure other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason of (a) the installation, use or interruption of use of any utility or other service furnished to equipment used in connection with the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ furnishing of any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential foregoing utilities and building services, such as fire protection (b) failure to furnish or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of delay in furnishing any such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agentsany reason whatsoever, or in (c) the case limitation, curtailment, rationing or restriction on use of damage towater, electricity, gas or destruction of, any other form of energy or any other service or utility whatsoever serving the Premises (which shall be governed by or the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this LeaseReal Property. Landlord shall at all be entitled to cooperate voluntarily and in a reasonable times have free access manner with the efforts of national, state or local government agencies or utility suppliers in reducing energy or other resource consumption. The obligation to make services available hereunder shall be subject to the Building and Premises to installlimitations of any such voluntary, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenantreasonable program.

Utilities and Services. Tenant shall be responsible, at its sole cost and expense, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or It is the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share intention of the cost parties that Tenant be entitled to receive, with respect to Premises, the benefit of such utilities and any services, utilities (including water and Tenant shall pay such amount to heating) repairs, maintenance, facilities and other ongoing services from Prime Landlord that Landlord, as an item tenant, receives with respect to the Premises under the Prime Lease and to the extent the foregoing are applicable to the Premises leased hereunder, subject in all cases to the terms of additional rentthe Prime Lease. In connection with the foregoing, within thirty (30) days after receipt of Landlord’s statement Tenant acknowledges and agrees that the foregoing described services can only be provided by Prime Landlord and that Landlord has no right or invoice thereforability to control the same. AlternativelyAs a result, to the extent Prime Landlord may elect to include such cost has agreed in the definition Prime Lease to provide services, utilities, repairs, facilities and other services to Sub-Landlord, as tenant, including the services under Sections 3.5, 4.1 and 4.3 of Project Costs in which event Tenant shall pay Tenant’s proportionate share of the Prime Lease and provided such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished services are applicable to the Premises, and no such Landlord has rights under the Sublease to enforce that aforementioned provisions of the Prime Lease pursuant to any and all rights of Landlord contained the Sublease Landlord agrees, on behalf of Tenant, to enforce, in a reasonable manner and at Tenant's direction and cost, its rights against Prime Landlord under the Prime Lease. Tenant hereby releases and holds Landlord harmless from, and currently waives any claims arising in the future relating to, any damages, interference, costs and expenses incurred or suffered by Tenant as a result of (i) the failure of Prime Landlord to properly maintain, repair or interruption shall operate the Premises and Building systems, and (ii) the failure of Prime Landlord to supply any utility and other services to be deemed an eviction or entitle provided to Landlord, as tenant, under the Prime Lease. The payment of Fixed Basic Rent and Additional Rent by Tenant pursuant to terminate this Lease is an absolute and independent covenant and shall not be affected in any way by the failure of Prime Landlord to so maintain, repair or withhold operate or ▇▇▇▇▇ to supply any rent due hereunder. Notwithstanding such utility or services except if and to the foregoingextent Landlord's rental obligations to Prime Landlord under the Prime Lease are abated, if reduced, suspended or offset with respect to the Premises as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenantforegoing.

Utilities and Services. Provided that Tenant shall be responsibleis not in default hereunder, at its sole cost and expenseLandlord agrees, for all charges for waterduring the Lease term, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or furnish to the Premises or used as part of the Operating Expenses during those hours set forth in the Rules and Regulations as defined in Paragraph 31 hereof, as may be amended in writing by Tenant in, on or about the Premises Landlord from time to time during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed term of this Lease and delivered to Tenant, Landlord shall make a reasonable determination quantities of Tenant’s proportionate share electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the cost Premises, janitorial service (including washing of such utilities windows with reasonable frequency as determined by Landlord) and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2elevator service by non-attended automatic elevators. Landlord shall not be liable for damages for, and Tenant shall not be entitled to any abatement or otherwise reduction of rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or for any failure other causes. If Tenant requires or interruption of any utility utilizes more water or other service furnished electric power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to pay, as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and no such failure or interruption Tenant thereafter shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result pay all charges of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice utility providing service. Tenant specifically undertakes to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or install and maintain at Tenant's cost such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), equipment including, without limitation, telephone linesemergency 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 incandescent light bulbs used in the Premises shall be charged paid for 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 Tenantpay Landlord upon demand Landlord's cost for all such incandescent light bulbs installed or other Building Nonstandard improvements including but not limited to metallic trim, wood floor covering, glass panels, windows, partitions, kitchens and executive washrooms in the Premises. Landlord shall not be responsible in any manner for said maintenance, cleaning and repair.

Utilities and Services. 17.1 Tenant shall be responsible, at its sole cost and expense, pay Landlord as part of Operating Expenses for all charges for water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, electricity, telephone, telecommunications internet service, refuse pickupcable television, janitorial serviceother telecommunications, interior landscape maintenance and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereonthereon (each a “Utility” collectively, the “Utilities”). If any utilities or services are such Utility is not separately metered or assessed to Tenant, Landlord Tenant shall make pay a reasonable determination proportion (to be determined by Landlord) of all charges of such Utility jointly metered with other premises as part of Tenant’s proportionate share Pro Rata Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such Utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such 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 any reason, Landlord shall with reasonable diligence endeavor to restore the interrupted Utilities. Only if such interruption was caused by Landlord’s gross negligence or intentionally wrongful acts (or those of someone acting at Landlord’s direction), Landlord shall reimburse Tenant’s actual, reasonable, and direct costs of obtaining replacement Utilities during Landlord’s repairs, but not for any consequential or indirect losses (such as loss of data or product, or resulting from interference with any activities in the Premises). Landlord shall not otherwise be liable for, nor shall any eviction of Tenant result from, failure to furnish any utility or service, whether or not such failure is caused by: (i) industry-wide strikes; (ii) industry-wide labor troubles; (iii) governmental preemption in connection with a national emergency; (iv) industry-wide shortages or unavailability of labor, fuel, steam, water, electricity or materials by reason of the acts of a governmental body that affect the supply or availability of the same; (v) mechanical breakdown (other than as a result of such party’s contractor’s or subcontractors’ acts or omissions or Landlord’s gross negligence); (vi) acts of God; (vii) enemy action or action of terrorists; (viii) civil commotion; (ix) fire or other casualty; or (x) unusually abnormal weather (which events described in items (i) through (x) are hereafter individually or collectively referred to as “Force Majeure”). In the event of such failure resulting from Force Majeure, Tenant shall not be entitled to any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. Tenant shall be responsible for obtaining any and all back-up Utilities, generators, like equipment or services that it shall require in the event of a failure of Utilities. 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 the Premises (including, without limitation, data processing machines) that will in any way (a) 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, then Tenant shall first procure Landlord’s consent of Landlord for the use thereof, which consent Landlord may condition upon the availability of such excess Utilities or services, and Tenant shall pay as Additional Rent an amount equal to the actual out-of-pocket cost of providing such amount 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 an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth provided in Section 4.217.10 without m▇▇▇-up by Landlord. Landlord shall not be liable provide Tenant with commercially reasonable assistance and cooperation to help Tenant meet its electrical needs, but Landlord makes no assurances regarding the availability of electricity from any Utility provider. 17.8 Landlord shall provide water in Common Areas for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, drinking and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenantlavatory purposes only; provided, however, that if Landlord is diligently pursuing determines that Tenant requires, uses or consumes water for any purpose other than ordinary drinking and lavatory purposes, Landlord may install a water meter and thereby measure Tenant’s water consumption for all purposes. Tenant shall pay Landlord for the repair costs of such utilities or services meter and Landlord provides substitute services reasonably suitable for the installation thereof and, throughout the duration of Tenant’s purposesoccupancy of the Premises, as for example, bringing Tenant shall keep said meter and installation equipment in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the good working order and repair of such utilities and services, the foregoing provisions shall be at Tenant’s sole recourse cost and remedy in expense. If Tenant fails to so maintain such meter and equipment, Landlord may repair or replace the event of 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 an interruption of servicespayments, Landlord may pay such charges and collect the same from Tenant. The foregoing provisions shall not apply in case Any such costs or expenses incurred, or payments made by Landlord for any of the actions of parties other than Landlordreasons or purposes hereinabove stated, its employeesshall 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, contractors or authorized agents, or except in the case of damage toan 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 destruction ofLandlord’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 (which “Basic Electric”) shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations 100% of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), cost including, without limitation, telephone linesthose charges applicable to or computed on the basis of electric consumption, demand and hours of use, any sales or other taxes regularly passed on to or collected from similar consumers by such public utility company, fuel rate adjustments and surcharges, and weighted in each case to reflect differences in consumption or demand applicable to each rate level. Tenant and its authorized representatives may have access to such meter or meters (if any) on at least three (3) days’ notice to Landlord, for the purposes of verifying Landlord’s meter readings (if any). From, time to time during the Term of this lease, Landlord may, in its sole discretion, install or eliminate, or increase or reduce the number of, such meters or vary the portions of the Premises which they serve or replace any or all of such meters. Landlord shall diligently endeavor to minimize the amount of time, if any, that work or service on any meters interrupts or reduces the amount of electricity available to the Premises, and Landlord shall give Tenant reasonable prior notice of any scheduled interruption. 17.11 If pursuant to any Applicable Laws, the charges to Tenant pursuant to Section 17.10 shall be charged 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 the Buildings’ distribution of electricity via the Buildings’ electric system, Tenant shall not exceed its allotted electrical capacity, without Landlord’s prior consent. Should Landlord grant such consent, which shall not be 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 date of Landlord’s discontinuance, Landlord, upon at least sixty (60) days’ notice to Tenant, may discontinue Landlord’s provision of electric energy hereunder. If Landlord discontinues provision of electric energy pursuant to this Section, Tenant shall not be released from any liability under this Lease, except that as of the date of such discontinuance, Tenant’s obligation to pay Landlord Additional Charges under Section 17.9 for electric energy thereafter supplied to the Premises shall cease. As of such date, Landlord shall permit Tenant to receive electric energy directly from the public utility company supplying electric energy to the Project, and Tenant shall pay all costs and expenses of obtaining such direct electrical service. Such electric energy may be furnished to Tenant by means of the then existing Building system feeders, risers and wiring to the extent that the same are available, suitable and safe for such purpose. All meters and additional panel boards, feeders, risers, wiring and other conductors and equipment which may be required to obtain electric energy directly from such public utility company shall be furnished and installed by Landlord at Landlord’s expense (which shall constitute an Operating Expense, amortized on a straight line basis over the useful life of the items in question, which shall not extend beyond the Term Expiration Date, in accordance with GAAP). 17.16 Notwithstanding anything to the contrary in this Article 17, to the extent that the CAM Pools specifically provide for the allocation or payment of any Operating Expenses and are inconsistent with this Article 17, such CAM Pools shall govern.

Utilities and Services. 16.1. Tenant shall be responsible, at its sole cost and expense, pay for all charges for water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, telecommunications internet service, refuse pickupcable television, janitorial service, interior landscape maintenance other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If any utilities or services are such utility is not separately metered or assessed to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building, North Campus or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building, North Campus or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building, North Campus or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall make a reasonable determination of Tenant’s proportionate share not recover more than one hundred percent (100%) of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2utilities. 16.2. Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished to the Premisesservice, and no whether or not such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three is caused by accidents; breakage; casualties (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that less are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than all labor disturbances and labor disputes resulting solely from the acts or omissions of the Premises party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are affected) shall thereafter be abated until not unique to the Premises are again usable party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by Tenantany Lender whose consent is required under any applicable Loan Document; providedfailures by third parties to deliver gas, howeveroil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that if Landlord is diligently pursuing Force Majeure has occurred (collectively, “Force Majeure”); or, to the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenantextent permitted by Applicable Laws, Landlord’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rentnegligence. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in In the event of such failure, Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at the applicable time based on historic meteorological records. In the event that the negligence or willful misconduct of Landlord (or any Landlord Party) causes an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors any utilities or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration services that Landlord must provide pursuant to Article III of the Work Letter attached to this Lease. , Landlord shall at all use commercially reasonable times have free access efforts to pursue the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations restoration of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard such utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenantand/or services as soon as reasonably possible.

Utilities and Services. 16.1 To the extent such items are not included in Operating Expenses, Tenant shall be responsible, at its sole cost and expense, pay for all charges for water, (including the cost to service, repair, replace and operate any reverse osmosis and/or deionized water systems and other treated water) gas, electricity, sewer, heat, light, power, telephone, telecommunications janitorial service, refuse pickupcollection, janitorial service, interior landscape maintenance hazardous material collection and all other utilities, materials utilities and services furnished directly supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermDemised 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 Building but outside the Demised Premises. If any utilities or services are such utility is not separately metered or assessed to Tenant, Landlord Tenant shall make pay a reasonable determination proportion based upon its use of Tenant’s proportionate share 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 charge Tenant with the cost of purchasing, installing and monitoring such utilities and servicesmetering equipment, and which shall be paid by Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Additional Rent. 16.2 Landlord shall not be liable for damages nor shall any eviction of Tenant result from the failure to furnish any such utility or otherwise for any service whether or not such failure is caused by accident, breakage, repairs, strikes, lockouts or interruption other labor disturbances or labor disputes of any utility character, governmental regulation, moratorium or other service governmental action, inability despite the exercise of reasonable diligence or by any other cause, including the gross negligence of Landlord. In the event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, nor be relieved from the 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 PremisesDemised Premises during the term of this Lease. 16.4 Tenant shall not, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding without the foregoing, if as a result of the direct actions prior written consent of Landlord, its employeesuse any device in the Demised Premises, contractors 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 authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion water beyond the existing capacity of the PremisesBuilding 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, or such an interruption by reason of other essential utilities and building services, such as fire protection or water, so that all or a portion equipment operated and/or extended hours of the Premises cannot be used by Tenantbusiness operation, then Tenant’s Basic Rent (or an equitable portion Tenant shall first procure the consent of Landlord for the use thereof, which consent Landlord may condition upon the availability of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such excess utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, 's payment as for example, bringing in portable air-conditioning equipment, then there shall not be Additional Rent of an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access amount equal to the Building cost to provide such excess services and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenantutility capacity.

Utilities and Services. 16.1. Tenant shall be responsible, at its sole cost make all arrangements for and expense, pay for all charges for water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, telecommunications internet service, refuse pickupcable television, janitorial service, interior landscape maintenance other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay a reasonable proportion (to be determined by Landlord) of all charges of such utility jointly metered with other premises in the Project as part of Tenant’s Pro Rata Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Tenant shall contract directly with the relevant providers for gas, water for the Premises, telephone, internet service, cable television and other telecommunications. Throughout the duration of Tenant’s occupancy of the Premises, Tenant shall keep the Premises’ gas and water meters and installation equipment in good working order and repair at Tenant’s sole cost and expense. If Tenant fails to so maintain such meters and equipment, Landlord may repair or replace the same and shall collect the costs therefor from Tenant. Tenant agrees to pay for water and gas consumed, as shown on said meter, and for the other utilities for which Tenant directly contracts with the applicable suppliers, 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. 16.2. Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by: (a) accident; breakage; repair; strike, lockout or other labor disturbance or labor dispute of any character; act of terrorism; shortage of materials, which shortage is not unique to Landlord or Tenant, as the case may be; governmental regulation, moratorium or other governmental action, inaction or delay; or other causes beyond Landlord’s control (collectively, “Force Majeure”); or (b) Landlord’s negligence. In the event of such failure, Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 16.3. Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 16.4. Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including data processing machines) that will in any way increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building, as usually furnished or supplied for the use set forth in Section 2.7. 16.5. Utilities and services provided to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. The cost of any utilities that are not separately metered or assessed shall be paid as Operating Expenses. 16.6. Landlord shall provide water to the Common Areas. 16.7. Tenant shall, at Tenant’s sole cost and expense, procure and maintain contracts, with copies furnished promptly to Landlord after execution thereof, in customary form and substance for, and with contractors specializing and experienced in, the maintenance of the following equipment and improvements, if any, if and when installed on the Premises (a) HVAC equipment, (b) boilers and pressure vessels, (c) fire extinguishing systems, including fire alarm and smoke detection devices, (d) elevators, (e) roof coverings and drains, (f) clarifiers, (g) basic utility feeds to the perimeter of the Premises, and (h) any other equipment reasonably required by Landlord. Notwithstanding the foregoing, Landlord reserves the right, upon notice to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost to procure and maintain any or all of such utilities and servicesservice contracts, and if Landlord so elects, Tenant shall pay such amount to reimburse Landlord, as an item of additional rentupon demand, for the costs thereof. 16.8. For the utilities serving the Premises for which Tenant is billed directly by such utility provider, Tenant agrees to furnish to Landlord upon Landlord’s written request (a) any invoices or statements for such utilities within thirty (30) days after Tenant’s receipt of thereof, (b) within thirty (30) days after Landlord’s statement request, any other utility usage information reasonably requested by Landlord, and (c) within thirty (30) days after each calendar year during the Term, an ENERGY STAR® Statement of Performance (or invoice thereforsimilar comprehensive utility usage report (e.g., related to Labs 21), if requested by Landlord) and any other information reasonably requested by Landlord for the immediately preceding year. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share retain records of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to usage at the Premises, including invoices and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding statements from the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agentsutility provider, for more than three at least sixty (360) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premisesmonths, or such an interruption other period of other essential utilities and building services, such time as fire protection or water, so that all or a portion of the Premises cannot may be used requested by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that any utility information for the costs incurred by Premises and the Project may be shared with third parties, including Landlord’s consultants and Governmental Authorities. In the event that Tenant fails to comply with this Section, Tenant hereby authorizes Landlord related to providing above-standard utilities to collect utility usage information directly from the applicable utility providers and charge Tenant a fee of Two Hundred Fifty Dollars (which shall only be $250) per month until Tenant has provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenantsuch utility usage information.

Utilities and Services. 16.1 Tenant shall be responsible, at its sole cost and expense, pay for all charges for water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, telecommunications internet service, refuse pickupcable television, janitorial service, interior landscape maintenance other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If any utilities or services are such utility is not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share Adjusted Share of all charges of such costs utility jointly metered with other premises as part of Tenant’s Adjusted Share of Operating Expenses or, in the manner set forth in Section 4.2alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord shall not be liable may base its bills for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no utilities on reasonable estimates; provided that Landlord adjusts such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if or as a result part of the direct actions next Landlord’s Statement to reflect the actual cost of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice providing utilities to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to . To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than all fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Premises are affectedBuilding or Project (as applicable) shall thereafter be abated until to equal Landlord’s reasonable estimate of what such utility usage would have been had the Premises are again usable by TenantBuilding or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that if Landlord is diligently pursuing shall not recover more than one hundred percent (100%) of the repair cost of such utilities or services and utilities. 16.2 Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement liable for, nor shall any eviction of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and servicesTenant result from, the foregoing provisions shall be Tenantfailure to furnish any utility or service, whether or not such failure is caused by accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by any Lender whose consent is required under any applicable Loan Document; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s sole recourse and remedy in negligence. In the event of such an interruption of services. The foregoing provisions failure, Tenant shall not apply in case be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the actions operation of parties other than Landlord, its employees, contractors any covenant or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenant.agreement

Utilities and Services. 16.1. Tenant shall be responsible, at its sole cost and expense, pay for all charges for water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, telecommunications internet service, refuse pickupcable television, janitorial service, interior landscape maintenance other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If any utilities or services are such utility is not separately metered or assessed to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ as part of the next Landlord’s Statement (or more frequently, as determined by Landlord) to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall make a reasonable determination of Tenant’s proportionate share not recover more than one hundred percent (100%) of the cost of such utilities and services, and utilities. Tenant shall pay such amount not be liable for the cost of utilities supplied to Landlordthe Premises attributable to the time period prior to the Term Commencement Date; provided, as an item however, that (a) Tenant shall be responsible for the cost of additional rent, within thirty utilities for the Second Floor Premises from the date that Tenant first accesses the Second Floor Premises for the purpose of performing the Second Floor Tenant Improvements after the Execution Date and (30b) days after receipt if Landlord shall permit Tenant possession of Landlordthe Premises prior to the Term Commencement Date for the purpose of conducting Tenant’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost business operations in the definition Premises other than placement of Project Costs in which event personal property, then Tenant shall pay Tenant’s proportionate share be responsible for the cost of utilities supplied to the Premises from such costs in the manner set forth in Section 4.2earlier date of possession. 16.2. Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished service, whether or not such failure is caused by accidents; breakage; casualties (to the Premisesextent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and no such failure labor disputes resulting solely from the acts or interruption shall be deemed an eviction omissions of the party claiming Force Majeure); acts of terrorism; riots or entitle civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by any Lender whose consent is required under any applicable Loan Document; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence (including any liability for consequential damages, opportunity costs or lost profits incurred or suffered by Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rentthereof). Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in In the event of such an interruption of services. The foregoing provisions failure, Tenant shall not apply in case be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the actions operation of parties other than Landlord, its employees, contractors any covenant or authorized agents, or in the case agreement of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenantapplicable time based on historic meteorological records.

Utilities and Services. Tenant shall A. Landlord agrees to furnish or cause to be responsible, at its sole cost and expense, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, during reasonable hours determined by Landlord and subject to applicable law and the rules and regulations of the Building, the following utilities and services, subject to the conditions and standards set forth herein: (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 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, stoppage of, or 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 shall a▇▇▇▇ or suspend T▇▇▇▇▇'s obligation to pay Base Monthly Rental and Additional Rental or be deemed an construed as a constructive or other eviction of Tenant. Further, in the event any governmental authority or entitle 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 be affected by any such action of Landlord. The parties acknowledge that safety and security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, 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 terminate T▇▇▇▇▇'s property and interests, and Tenant must obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in this Lease or withhold or Lease. T▇▇▇▇▇ agrees to cooperate in any rent due hereunderreasonable safety or security program developed by Landlord or required by Law. Notwithstanding The foregoing notwithstanding, in the foregoing, if as event that such services are interrupted for a result period of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three ten (310) consecutive days and such interruption prevents Tenant from conducting its business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of at the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic 's Base Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter hereunder will be abated until for the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair period of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenantinterruption.

Utilities and Services. As used in this Lease, “Premises Utilities Costs” shall mean all actual charges for utilities for the Premises of any kind, including but not limited to water, sewer and electricity, telecommunications and cable service, and the costs of heating, ventilating and air conditioning and other utilities as well as related fees, assessments and surcharges. Tenant shall be responsible, at its sole cost and expense, contract directly for all charges utilities services for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance the Premises and shall pay all other Premises Utilities Costs directly to the various utility service providers providing such utility services to the Premises. Should Landlord elect to supply any or all of such utilities, materials Tenant agrees to purchase and services furnished directly pay for the same as Additional Rent. Tenant shall reimburse Landlord within ten (10) days of receipt of billing invoices from Landlord for fixture charges and/or water tariffs, if applicable, which are charged to Landlord by local utility companies. Landlord will notify Tenant of this charge as soon as it becomes known. This charge will increase or decrease with current charges being levied against Landlord, the Premises or used the Building by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and serviceslocal utility company, and Tenant will be due as Additional Rent. In no event shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages any interruption or otherwise for any failure or interruption in the supply of any such utility or other service furnished services to the Premises, and Tenant unless resulting from Landlord’s negligence. In no such failure or interruption event shall be deemed an eviction or entitle Tenant to terminate any Rent owed Landlord under this Lease be abated by reason of the failure to furnish, delay in furnishing, unavailability or withhold diminution in quality or ▇▇▇▇▇ quantity of any rent due hereunder. Notwithstanding the foregoing, if such utility or other services or interference with Tenant’s business operations as a result of the direct actions any such occurrence; nor shall any such occurrence constitute an actual or constructive eviction of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all Tenant or a portion breach of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used implied warranty by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenant.

Utilities and Services. Tenant shall Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be responsible, at its sole cost and expense, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials furnished to the Premises the utilities and services furnished directly described in the Standards for Utilities and Services attached hereto as Exhibit “G”, subject to the conditions and in accordance with the standards set forth therein. Landlord may require Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together from time to time to provide Landlord with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination list of Tenant’s proportionate share employees and/or agents which are authorized by Tenant to subscribe on behalf of the cost of Tenant for any additional services which may be provided by Landlord. Any such utilities and services, and additional services will be provided to Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay at Tenant’s proportionate share of such costs in the manner set forth in Section 4.2cost. Landlord shall will not be liable for damages or otherwise to Tenant for any failure to furnish any of the foregoing utilities and services if such failure is caused by all or interruption any of the following: (i) accident, breakage or repairs unless caused by the negligence or willful misconduct of Landlord or the Landlord Parties; (ii) strikes, lockouts or other labor disturbance or labor dispute of any utility character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; (v) service furnished to the Premises, and no such failure interruptions or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result other unavailability of the direct actions of utilities resulting from causes beyond Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request)control, including, without limitation, telephone linesany utility service provider initiated “▇▇▇▇▇-out” or “black-out”; or (vi) any other cause beyond Landlord’s reasonable control. In the event of any failure, stoppage or interruption thereof, Landlord agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water or electrical power than is to be provided by Landlord as indicated on Exhibit G”, Landlord may at its option require Tenant to pay, as additional rent, the additional cost incurred by such extraordinary usage. Landlord, as part of the operating expenses of the Building, shall furnish Heating Ventilation and Air Conditioning (“HVAC”) Monday through Friday from 7:00 a.m. to 6:00 p.m. and on Saturday from 8:00 a.m. to 12:00 p.m (but exclusive, in any event, of New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day). The Landlord’s charge to Tenant for after hours HVAC and after hours electrical consumption (in excess of standard dormant use) shall be charged to Landlord’s actual costs, which shall include direct and indirect utility costs. There shall be no start-up charge, no minimum usage requirement (other than the first one hour) and, if other Building tenants are using the HVAC systems, Tenant’s direct cost shall be pro-rated.

Utilities and Services. a) Landlord shall furnish the Premises with electricity, heating and air conditioning for the normal use and occupancy of the Premises as general of fices between 8:00 a.m. and 6:00 p.m., Monday through Friday. of each week during the Term (Building Holidays excepted). If Tenant shall require electricity or install electrical equipment using current in excess of 110 volts or which will in any way increase the amount of electricity furnished by Landlord for general office use (including but not limited to electrical heating or refrigeration equipment or electronic data processing machines) or if Tenant shall attempt to use the Premises in such a manner that the services to be furnished by Landlord are required during periods other than the business hours specified above, Tenant will obtain prior written approval from Landlord and will pay, as Additional Rent, for the resulting additional direct expense to Landlord, including the expense resulting from the installation of any equipment and meters, promptly upon receipt of an invoice from Landlord. b) Within the common areas of the Building, Landlord shall furnish reasonably: (i) adequate electricity, (ii) hot and cold water, (iii) lavatory supplies, (iv) automatically operated elevator service, (v) normal and customary cleaning services (on a five-day a week basis) after business hours, (vi) heat and air conditioning in season, (vii) landscaping, (viii) parking lot maintenance, (ix) common area maintenance and (x) snow removal. Tenant shall be responsible, at responsible for its sole cost and expense, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such services in accordance with Section 6(b) hereof. Landlord shall provide janitorial service to the Premises, five days per week, after regular business hours, and the costs in the manner of such service will be passed through to Tenant as set forth in Section 4.2. 6. c) Landlord shall not be liable for any damages to Tenant resulting from the quality, quantity, failure, unavailability or otherwise for any failure or interruption disruption of any utility services beyond the reasonable control of Landlord and the same shall not constitute a termination of this Lease or other service furnished to the Premises, and no such failure an actual or interruption shall be deemed an constructive eviction or entitle Tenant to terminate an abatement of rent. Landlord shall not be responsible for providing any services not specifically provided for in this Lease or withhold or ▇▇▇▇▇ any rent due hereunderLease. Notwithstanding the foregoing, if as a result in the event that (i) twenty-five percent (25%) or more of the direct actions Premises becomes untenantable because Landlord (except due to Tenant's negligence, gross negligence or willful misconduct) is unable or fails to provide the services described in this Section 9 and (ii) such failure (a "Basic Services Failure") continues for a period in excess of Landlord, its employees, contractors or authorized agents, for more than three five (35) consecutive business days following written notice days, Tenant shall receive a full abatement of Rent due under this Lease Agreement for the Premises for such portion thereof) until such service is restored. d) Tenant shall pay capital improvements which Landlord shall install or construct for energy saving devices. Tenant's pro rata share shall be determined based upon the estimated life of the capital investment item, determined by Landlord in accordance with generally accepted accounting principles, and shall include a cost of capital funds adjustment equal to Landlord there is no HVAC or electricity services twelve percent (12%) per year on the unamortized portion of all such costs. Tenant shall only have to all or a pay for the portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion useful life of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (capital improvement which falls within the Term. Tenant shall thus make payments in equal annual installments for such capital improvements until the Term expires or an equitable portion of such Basic Rent to until the extent that less than all cost of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenantimprovement has been fully paid for, whichever first occurs; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions payments shall be Tenant’s sole recourse and remedy computed by Landlord at the time of installation of the capital improvement in the event same manner as Landlord makes computations of such an interruption of services. The foregoing provisions shall not apply in case Tenant's share of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration annual operating costs pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s requestSection 6(b)(ii), including, without limitation, telephone lines, shall be charged to Tenant.

Utilities and Services. Provided that no Event of Default has occurred and is continuing, Landlord agrees to furnish to the Premises (a) during reasonable hours of generally recognized Business Days, as established by Landlord from time to time ("Building standard hours"; currently Monday through Friday (excluding Holidays (as defined below)), 7:30 a.m. to 6 p.m.), subject to the conditions and in accordance with the standards set forth 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 judgment for the comfortable use and occupation of the Premises, and to the extent provided in the Building only, elevator service by non-attended automatic elevators, and (b) janitorial service, five (5) days per week (excluding Holidays), at such times as determined by Landlord from time to time. Except as otherwise provided herein, the cost of all such utilities and services shall be included within the definition of Project Costs, and shall be paid by Tenant in the manner set forth in Section 7.1. Landlord shall not be liable for, and Tenant shall not be entitled to terminate this Lease or to any abatement or reduction of Rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, Unavoidable Delay or by any other cause. 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 reasonably determined by Landlord, incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and Tenant thereafter shall pay all charges of the metered service; provided that Tenant shall only be required to pay for such installation if the reason for such installation is as a result of Tenant's excess use of such services prior thereo. If such utilities and services (including, without limitation, HVAC service) are requested by Tenant during hours other than the Building standard hours, Landlord shall use reasonable efforts to furnish such utilities and services upon reasonable Notice from Tenant, and Tenant shall pay Landlord's charges for such utilities and services therefor on demand as Additional Rent (after-hours HVAC services are charged by Landlord on a per hour basis; Landlord's current charge for after-hours HVAC services is variable according to several factors, but may be provided to Tenant upon request from time to time, provided that such charge is subject to adjustment by Landlord from time to time). 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 resume services promptly. Landlord shall at all times have free access to all mechanical installations of the Building and Premises, including, but not limited to, air conditioning equipment and vents, fans, ventilating and machine rooms and electrical closets. Tenant shall be responsiblesolely responsible for securing telecommunications services to the Premises, all at its sole cost and expense, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make have no responsibility therefor. For purposes of this Lease, "Holidays" means those days recognized by any federal, state or local governmental agency as a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to holiday which Landlord, in its sole discretion, designates from time to time as an item "Holidays" for purposes of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building servicesLease, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent designation being subject to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted change from time to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenanttime.

Utilities and Services. Tenant shall Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be responsible, at its sole cost and expense, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials furnished to the Premises the utilities and services furnished directly described in the Standards for Utilities and Services attached hereto as 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. Any such additional services will be provided to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to at Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2's cost. Landlord shall will not be liable for damages or otherwise to Tenant for any failure to furnish any of the foregoing utilities and services if such failure is caused by all or interruption any of the following: (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any utility character; (iii) governmental regulation, moratorium or other service furnished governmental action or inaction; (iv) inability despite the exercise of reasonable diligence to the Premisesobtain electricity, and no such failure water or interruption shall be deemed an eviction fuel; or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ (v) any rent due hereunderother cause beyond Landlord's reasonable control. Notwithstanding the foregoingIn addition, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an any stoppage or interruption of services. The foregoing provisions services or utilities, Tenant shall not apply be entitled to any abatement or reduction of rent (except as expressly provided in case Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord agrees to diligently attempt to resume service 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 fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and Tenant agrees thereafter to pay all charges of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to utility providing service and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged 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.

Utilities and Services. Provided that Tenant shall is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, subject to the conditions and in accordance with the standards set forth in the Rules and Regulations as defined in Paragraph 28 hereof, as may be responsibleamended in writing by Landlord from time to time during the Term of this Lease and delivered to Tenant, at its sole cost reasonable quantities of electric current for normal lighting and expensefractional horsepower office machines, hot and cold water for all charges lavatory and drinking purposes, heat and air conditioning for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickupthe comfortable use and occupation of the Premises, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used elevator service by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are non-attended automatic elevators provided that Landlord is not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2negligent. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premisesfor, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇▇ shall not be entitled to any abatement or reduction of rent due hereunder. Notwithstanding the foregoing, if as a result by reason of Landlord’s failure to furnish any of the direct actions foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or for any other causes 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 at its option require Tenant to pay, an additional rent, the cost as fairly determined by Landlord, its employeesincurred by such extraordinary usage. In addition, contractors or authorized agents, Landlord may install separate meter(s) for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities at Landlord’s sole expense, and building services, such as fire protection or water, so that Tenant thereafter shall pay all or a portion charges of the Premises cannot be used utility providing service. Tenant shall cooperate with any present or future government, and with any conservation practices established by TenantLandlord. If there is any failure, then Tenant’s Basic Rent (stoppage or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; providedinterruption thereof, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted use reasonable diligence to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Leaseresume services promptly. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlordthe Building, including but not limited to air conditioning equipment and vents, fans, ventilat and machine rooms and electrical closets. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenant.See Addendum

Utilities and Services. Provided that Tenant shall be responsibleis not in default hereunder, at its sole cost and expenseLandlord agrees, for all charges for waterduring the Lease term, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about furnish to the Premises during those hours set forth in the TermRules and Regulations as defined in Paragraph 31 hereof, together with any taxes thereon. If any utilities or services are not separately metered or assessed and as may be amended in writing by Landlord from time to time during the term of this Lease and delivered to Tenant, Landlord shall make a reasonable determination quantities of Tenantelectric current for normal lighting and reasonable numbers of fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required in Landlord’s proportionate share judgment for the comfortable use and occupation of the cost Premises, janitorial service (including washing of such utilities windows with reasonable frequency as determined by Landlord) and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2elevator service by non-attended automatic elevators. Landlord shall not be liable for, and Tenant shall not be entitled to any abatement or reduction of rent by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character or interruption or cessation of utilities, including without limitation electrical power, attributable to the provider of such utility or the delivery system for damages such utility outside the Building and not under Landlord’s control; or otherwise for any failure other causes. Tenant is expected to use water or interruption of any utility electric power as considered reasonable or other normal by industry standards for a full service furnished gross office occupancy lease. Landlord may, at its option, request Tenant to pay, as additional rent, the cost, as fairly determined by Landlord (but in no event less than the cost to Landlord), incurred by usage that is proven to surpass reasonable industry standards. In addition, Landlord may install separate meter(s) for the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be at Tenant’s sole recourse expense, and remedy in the event of such an interruption of services. The foregoing provisions Tenant thereafter shall not apply in case pay all charges of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Leaseutility providing service. Landlord shall install and maintain at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), expense any fire protection equipment including, without limitation, telephone linesemergency 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 shall be charged 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 Premises, at Tenant’s expense. Tenant agrees to Tenantpay Landlord for the maintenance and cleaning of Building Nonstandard improvements including but not limited to metallic trim, wood floor covering, glass panels, windows, partitions, kitchens and executive washrooms in the Premises. Unless Tenant makes such requests, Landlord shall not be responsible in any manner for said maintenance, cleaning and repair. Landlord shall provide to Tenant the maintenance and services set forth on Exhibit “G,” attached hereto and incorporated herein by reference.

Utilities and Services. 16.1 To the extent such items are not included in Operating Expenses, Tenant shall be responsible, at its sole cost and expense, pay for all charges for water, (including the cost to service, repair, replace and operate any reverse osmosis and/or deionized water systems and other treated water) gas, electricity, sewer, heat, light, power, telephone, telecommunications janitorial service, refuse pickupcollection, janitorial service, interior landscape maintenance hazardous material collection and all other utilities, materials utilities and services furnished directly supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermDemised 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 Building but outside the Demised Premises. If any utilities or services are such utility is not separately metered or assessed to Tenant, Landlord Tenant shall make pay a reasonable determination proportion based upon its use of Tenant’s proportionate share 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 charge Tenant with the cost of purchasing, installing and monitoring such utilities and servicesmetering equipment, and which shall be paid by Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Additional Rent. 16.2 Landlord shall not be liable for damages nor shall any eviction of Tenant result from the failure to furnish any such utility or otherwise service whether or not such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability despite the exercise of reasonable diligence or by any other cause, including the gross negligence of Landlord. In the event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, nor be relieved from the 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 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 failure 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 meter and equipment to be replaced or interruption of any utility or other service furnished repaired and collect the cost thereof from Tenant. Tenant agrees to the Premisespay for water consumed, as shown on said meter, as and when bills are rendered, and no on default in making such failure payment. Landlord may pay such charges and collect the same from Tenant. Any such costs or interruption expenses incurred, or payments made by Landlord for any of the reasons or purposes hereinabove stated shall be deemed an eviction 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 entitle Tenant emergency or for repairs, alterations or improvements, in the judgment of Landlord desirable or necessary to terminate 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 Lease, or withhold 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 rent due hereunderother cause whatsoever. In the event of fire, earthquake, flood, vandalism, war, storm or similar cause of damage or destruction, this Section shall not apply and the provisions of Article 22 entitled Damage or Destruction shall apply and control. 16.9 Notwithstanding anything to the foregoingcontrary in this Lease, if as a consequence of (i) a material cessation of utilities required to be provided to the Demised Premises by Landlord, or (ii) the presence of a significant amount of Hazardous Materials which does not result from Tenant's release or emission of such Hazardous Material in or about the Demised Premises in violation of Hazardous Materials Laws, which renders the Demised Premises uninhabitable, and in any of the direct actions foregoing cases, Tenant is unable to use the Demised Premises for a continuous and consecutive period of thirty (30) days following written notice by Tenant to Landlord and Landlord's lenders, its employeesand Landlord fails or refuses to take any action to correct or otherwise remedy such situation, contractors or authorized agents, then Tenant shall be entitled to terminate the Lease upon ten (10) days written notice to Landlord. If the interference persists for more than three one hundred eighty (3180) consecutive business calendar days following written notice to Landlord there is no HVAC and Landlord's lender despite Landlord's actions and efforts to correct or electricity services remedy such interference, Tenant shall have the right to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent terminate this Lease upon ten (or an equitable portion of such Basic Rent 10) days written notice to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenant.

Utilities and Services. Tenant shall be responsibleresponsible for and shall pay promptly, at its sole cost and expensedirectly to the appropriate supplier, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s 's proportionate share of the cost of such utilities and services, including without limitation, after-hours HVAC usage, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty ten (3010) days after receipt of Landlord’s 's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Site Costs in which event Tenant shall pay Tenant’s 's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the PremisesPremises that is beyond the reasonable control of Landlord, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times times, upon reasonable prior written or oral notice to Tenant, have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord, provided that Landlord shall minimize any disruption to Tenant's use of the Premises. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall may be charged to Tenant.

Utilities and Services. 16.1. Tenant shall be responsible, at its sole cost and expense, pay for all charges for water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, telecommunications internet service, refuse pickupcable television, janitorial service, interior landscape maintenance other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If any utilities or services are such utility is not separately metered or assessed to Tenant, Tenant shall pay Tenant's Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and in the event Landlord determines that Tenant's use is over-standard, charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord's Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant's Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant's Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord's reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall make a reasonable determination of Tenant’s proportionate share not recover more than one hundred percent (100%) of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2utilities. 16.2. Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished to the Premisesservice, and no whether or not such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three is caused by accidents; breakage; casualties (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that less are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than all labor disturbances and labor disputes resulting solely from the acts or omissions of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenantparty claiming Force Majeure); provided, however, that if Landlord is diligently pursuing the repair acts of such utilities terrorism; riots or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement civil disturbances; wars or insurrections; shortages of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises materials (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access shortages are not unique to the Building and Premises party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures by third parties to installdeliver gas, maintainoil or another suitable fuel supply, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenant.or

Utilities and Services. Provided that Tenant shall be responsibleis not in default hereunder, at its sole cost and expense, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly Landlord agrees to Tenant or the Premises or used by Tenant in, on or about furnish to the Premises during those hours ("regular business hours") set forth in the TermRules and Regulations as defined in Paragraph 30 hereof, together with any taxes thereon. If any utilities or services are not separately metered or assessed as may be amended in writing by Landlord from time to time during the term of this Lease and delivered to Tenant, Landlord shall make a reasonable determination quantities of Tenant’s proportionate share electric current for normal lighting (not to exceed 1.65 ▇▇▇▇▇ per square foot of rentable area in the Premises) and 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 cost Premises, janitorial service (including washing of such utilities and serviceswindows with reasonable frequency as determined by Landlord), and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2elevator service by nonattended automatic elevators. Landlord shall not be liable for damages for, and Tenant shall not be entitled to any abatement or otherwise reduction of rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or for any failure other causes. If Tenant requires or interruption of utilizes more water or electric power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to pay, as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage. Tenant shall pay Landlord on demand, as additional rent, at rates reasonably established by Landlord, for any utility heat, air conditioning or other such service furnished provided to Tenant during hours other than regular business hours. In addition, Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and no such failure or interruption Tenant thereafter shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result pay all charges of the direct actions of Landlord, its employees, contractors or authorized agents, utility providing service and Landlord shall make an appropriate adjustment to account for more than three (3) consecutive business days following written notice the fact that Tenant is directly paying such metered charges. Tenant specifically undertakes to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or install and maintain at Tenant's cost such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request), equipment including, without limitation, telephone linesemergency 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 other than those typically supplied by Landlord throughout the Building shall be charged 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 Tenantmetallic trim, wood floor covering, glass panels, windows, partitions, kitchens and executive washrooms in the Premises. Landlord shall not be responsible in any manner for said maintenance, cleaning and repair.