Common use of Utilities Janitorial Services Clause in Contracts

Utilities Janitorial Services. Landlord shall provide, subject to the terms of this Section 11, (i) facilities for water, electricity, heating and air conditioning, fire alarm, light, sewer, and other utilities (including fire sprinklers to the extent the Building is plumbed for such services) (collectively, “Utilities”) to the Premises, and (ii) refuse and trash collection and janitorial services for the Common Areas and, at Landlord’s election as set forth below, the Premises (collectively, “Janitorial Services”). In the event Tenant fails to provide Janitorial Services within the Premises in accordance with this Section 11(a), Landlord shall have the right to provide Janitorial Services within the Premises as set forth below, and, in such event, Xxxxxxxx’s contract with its Janitorial Services provider shall provide for the janitorial specifications for the Premises to be at least those set forth on Exhibit H. The Utilities will be installed as set forth in the Work Letter. Landlord shall pay, subject to Xxxxxx’s reimbursement obligation or inclusion of such costs as Operating Expenses, for all Utilities used on the Premises, all maintenance charges for Utilities imposed by the applicable Utility provider(s), and any storm sewer charges or other similar charges for Utilities (without mark-up), and any taxes, penalties, surcharges or similar charges thereon, as well as the cost for Janitorial Services. Landlord may cause, at Tenant’s expense, any Utilities to be separately metered or charged directly to Tenant by the provider; provided that Landlord shall cause electricity for retail tenants to be separately metered from the office tenants at Landlord’s expense. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Landlord shall manage or contract for the management of Janitorial Services to the Premises and Tenant shall pay for the same. Landlord may cause, at Xxxxxx’s expense, the Janitorial Services to be separately charged or charged directly to Tenant by the provider. Tenant shall pay directly to the Janitorial Services provider, prior to delinquency, any separately charged Janitorial Services. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption and all charges for Janitorial Services that are not separately charged, as reasonably determined by Landlord. No interruption or failure of Utilities or Janitorial Services, from any cause whatsoever, shall result in eviction or constructive eviction of Tenant, 321 Arsenal (AOTC) / Forma Therapeutics - Page 13 termination of this Lease or the abatement of Rent (except as set forth in Section 11(b) with respect to abatement). Utilities and access to the Premises by elevator shall be available to the Premises 24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. Landlord hereby agrees to use commercially reasonable efforts to minimize the duration and extent of any such unavailability, to the extent within Landlord’s reasonable control. Commencing on the Commencement Date, Tenant elects to provide the Janitorial Services within the Premises. Tenant shall (i) utilize the same Janitorial Service provider that Landlord utilizes from time to time for the Common Areas, and (ii) maintain the Janitorial Services in a first-class manner and in accordance with Exhibit H. For so long as Tenant is properly performing Janitorial Services to the Premises, Landlord shall not include the cost of such services as part of Operating Expenses. If Tenant fails to (x) provide such Janitorial Services in a first-class manner and in accordance with Exhibit H, or (y) utilize the same Janitorial Services provider that Landlord then utilizes for the Common Areas, then (in addition to Landlord’s other remedies for a Tenant default) Landlord shall be permitted to provide such services upon prior written notice to Tenant, in which event the cost of such services shall be included as part of Operating Expenses.

Utilities Janitorial Services. Landlord shall provide, subject to the terms of this Section 11, (i) facilities for water, electricity, heating and air conditioning, fire alarm, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Building is plumbed for such services) (collectively, “Utilities”) to the Premises, Building and (ii) refuse and trash collection and janitorial services for the Common Areas and, at Landlord’s election as set forth below(including the restrooms on any multi-tenant floors), the office portion of the Premises, and the restrooms within the Premises (i.e. the restrooms on the 4th and 5th floors so long as the entire rentable area on each such floor is leased by Tenant) (collectively, “Janitorial Services”). In the event Tenant fails to provide Janitorial Services within the Premises in accordance with this Section 11(a), Landlord shall have the right to provide Janitorial Services within the Premises as set forth below, and, in such event, Xxxxxxxx’s contract with its Janitorial Services provider shall provide for the janitorial specifications for the Premises to be at least those set forth on Exhibit H. The Utilities will be installed as set forth in the Work Letter. Landlord’s contract with its janitorial service provider shall provide for the janitorial specifications for the office portion of the Premises and restrooms within the Premises to be at least those set forth on Exhibit I. Landlord shall pay, subject to XxxxxxTenant’s reimbursement obligation or inclusion of such costs as Operating Expenses, for all Utilities used on the Premises, all maintenance charges for Utilities imposed by the applicable Utility provider(s), and any storm sewer charges or other similar charges for Utilities (without markxxxx-up), and any taxes, penalties, surcharges or similar charges thereon, as well as the cost for Janitorial Services. Landlord may cause, at TenantLandlord’s sole cost and expense, any Utilities to be separately metered or charged directly to Tenant by the provider; provided that Landlord shall cause electricity for retail tenants to be separately metered from the office tenants at Landlord’s expense. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Landlord shall manage or contract for the management of Janitorial Services to the Premises and Tenant shall pay for the same. Landlord may cause, at XxxxxxTenant’s expense, the Janitorial Services to be separately charged or charged directly to Tenant by the provider. Tenant shall pay directly to the Janitorial Services provider, prior to delinquency, any separately charged Janitorial Services. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption and all charges for Janitorial Services provided by Landlord to the Premises that are not separately charged, as reasonably determined by Landlord. No interruption or failure of Utilities or Janitorial Services, from any cause whatsoeverwhatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, 321 Arsenal (AOTC) / Forma Therapeutics - Page 13 termination of this Lease or the abatement of Rent (except Rent. Tenant agrees to limit use of water and sewer by Tenant and its employees, guests, and invitees in the Common Areas to normal restroom use. To the extent such services are not provided by Landlord as set forth in Section 11(b) with respect to abatement)a part of the Janitorial Services, Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Utilities and access to the Premises by elevator shall be available to the Premises 24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. Landlord hereby agrees to use commercially reasonable efforts to minimize the duration and extent of any such unavailability, to the extent within Landlord’s reasonable control. Commencing on the Commencement DateUpon not less than 45 days prior written notice to Landlord, Tenant elects may elect to provide take over the Janitorial Services within the Premises. , provided that Tenant shall (i) utilize maintains the same Janitorial Service provider that Landlord utilizes from time to time for the Common Areas, and (ii) maintain the Janitorial Services in a first-class manner manner. In the event Tenant makes such election, from and in accordance with Exhibit H. For so long as after the date that Tenant is properly performing Janitorial Services to the Premisesactually Building 39 (AOTC) / Forma Therapeutics - Page 13 provides such services, Landlord shall not no longer include the cost of such services as part of Operating Expenses. If Tenant fails to (x) provide such Janitorial Services in a first-first class manner and in accordance with Exhibit H, or (y) utilize the same Janitorial Services provider that Landlord then utilizes for the Common Areasmanner, then (in addition to Landlord’s other remedies for a Tenant default) Landlord shall be permitted to provide resume providing such services upon prior written notice to Tenant, in which event the cost of such services shall once again be included as part of Operating Expenses.

Utilities Janitorial Services. Landlord shall provide, subject to the terms of this Section 11, (i) facilities for water, electricity, heating and air conditioning, fire alarmheat, light, sewer, and other utilities (including fire sprinklers to the extent the Building Project is plumbed for such services) (collectively, “Utilities”) to the Premises, and (ii) refuse and trash collection and janitorial services for the Common Areas and, at Landlord’s election as set forth belowelection, the Premises (collectively, “Janitorial Services”). In the event Tenant fails to provide Janitorial Services within the Premises in accordance with this Section 11(a), Landlord shall have the right to provide Janitorial Services within the Premises as set forth below, and, in such event, Xxxxxxxx’s contract with its Janitorial Services provider shall provide for the janitorial specifications for the Premises to be at least those set forth on Exhibit H. The Utilities will be installed as set forth in the Work Letter. Landlord shall pay, subject to XxxxxxTenant’s reimbursement obligation or inclusion of such costs as Operating Expenses, for all Utilities used on the Premises, all maintenance charges for Utilities imposed by the applicable Utility provider(s)Utilities, and any storm sewer charges or other similar charges for Utilities (without mark-up)imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon, as well as the cost for Janitorial Services. Landlord may cause, at Tenant’s expense, any Utilities to be separately metered or charged directly to Tenant by the provider; provided that Landlord shall cause electricity for retail tenants to be separately metered from the office tenants at Landlord’s expense. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Landlord shall manage or contract for the management of Janitorial Services to the Premises and Tenant shall pay for the same. Landlord may cause, at XxxxxxTxxxxx’s expense, the Janitorial Services to be separately charged or charged directly to Tenant by the provider. Tenant shall pay directly to the Janitorial Services provider, prior to delinquency, any separately charged Janitorial Services. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption and all charges for Janitorial Services that are not separately charged, as reasonably determined by Landlord. No interruption or failure of Utilities or Janitorial Services, from any cause whatsoeverwhatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, 321 Arsenal (AOTC) / Forma Therapeutics - Page 13 termination of this Lease or the abatement of Rent (except as set forth in Section 11(b) Rent. Tenant agrees to limit use of water and sewer with respect to abatement)Common Areas to normal restroom use. To the extent such services are not provided by Landlord, Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Utilities and access to the Premises by elevator shall be available to the Premises 24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. Landlord hereby agrees to use commercially reasonable efforts to minimize the duration and extent of any such unavailability, to the extent within Landlord’s reasonable control. Commencing on the Commencement Date, Tenant elects to provide the Janitorial Services within the Premises. Tenant shall (i) utilize the same Janitorial Service provider that Landlord utilizes from time to time for the Common Areas, and (ii) maintain the Janitorial Services in a first-class manner and in accordance with Exhibit H. For so long as Tenant is properly performing Janitorial Services to the Premises, Landlord shall not include the cost of such services as part of Operating Expenses. If Tenant fails to (x) provide such Janitorial Services in a first-class manner and in accordance with Exhibit H, or (y) utilize the same Janitorial Services provider that Landlord then utilizes for the Common Areas, then (in addition to Landlord’s other remedies for a Tenant default) Landlord shall be permitted to provide such services upon prior written notice to Tenant, in which event the cost of such services shall be included as part of Operating Expenses.

Utilities Janitorial Services. Landlord shall provide, subject to the terms of this Section 11, (i) facilities for water, tepid water, electricity, heating and air conditioning, fire alarmheat, light, power, sewer, gas and other utilities (including fire sprinklers (to the extent the Building Project is plumbed for such services), compressed air, and such other utilities as are provided to the Premises pursuant to the Work Letter (inclusive of its exhibits) (including, by way of example, chilled water and condenser water) (collectively, “Utilities”) to the Premises), and (ii) refuse and trash collection and janitorial services for the Common Areas and, at Landlord’s election as set forth below, of the Premises Building (collectively, “Landlord Janitorial Services”), and (iii) landscaping and reasonable removal of accumulations of ice and snow from drives and walkways. In the event Tenant fails to provide Janitorial Services within the Premises in accordance with this Section 11(a), Landlord shall have the right to provide Janitorial Services within the Premises as set forth below, and, in such event, Xxxxxxxx’s contract with its Janitorial Services provider shall provide The infrastructure for the janitorial specifications for the Premises to be at least those set forth on Exhibit H. The Utilities will shall be installed as set forth in the Work LetterPlans and Specifications, and Landlord shall not replace such infrastructure with infrastructure having reduced capacities inconsistent with what was installed as set forth in the Plans and Specifications. Landlord shall pay, subject to XxxxxxTenant’s reimbursement obligation or inclusion of such costs as Operating ExpensesExpenses subject to the provisions of Section 5, for all Utilities used on the PremisesPremises that are not separately metered or submetered (if any), all maintenance charges for Utilities imposed by the applicable Utility provider(s)Utilities, and any storm sewer charges or other similar charges for Utilities (without mark-up)imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon, as well as the cost for Landlord Janitorial Services. Landlord may causeAs part of the Work Letter, at Tenant’s expense, any all Utilities to will be separately metered or charged directly to Tenant by submetered as of the provider; provided that Landlord shall cause electricity for retail tenants to be separately metered from the office tenants at Landlord’s expenseCommencement Date. Tenant shall arrange with the utility providers for, and shall pay directly to the Utility providerutility providers, prior to delinquency, any all separately metered or submetered Utilities and services which may be furnished to Tenant or the Premises during the Term. To the extent the utility provider will not provide a separate account for billing to Tenant for submetered Utilities, Tenant shall reimburse Landlord shall manage or contract within 30 days following invoice for the management of Janitorial Services Landlord’s payments to the Premises and Tenant shall pay applicable utility ActiveUS 179671324v.10 providers for the sameTenant’s submetered Utilities. Landlord may causeFurther, at Xxxxxx’s expense, the Janitorial Services to be separately charged or charged directly to Tenant by the provider. Tenant shall pay directly to the Janitorial Services provider, prior to delinquency, any separately charged Janitorial Services. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities to the Premises (if any exist) based upon consumption and all charges for Janitorial Services that are not separately charged, as reasonably determined by Landlord, including taking into account prior usage, and all charges for Landlord Janitorial Services. No interruption or failure of Utilities or Landlord Janitorial Services, from any cause whatsoeverwhatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, 321 Arsenal (AOTC) / Forma Therapeutics - Page 13 termination of this Lease or the abatement of Rent Rent, subject to the provisions of subparagraph (except as set forth in Section 11(b) b), below. Tenant agrees to limit use of water and sewer with respect to abatement)Tenant’s use of Common Areas to normal restroom use. Utilities and access to the Premises by elevator shall be available to the Premises 24 hours per day, 7 days per week, except in the case of emergenciesemergencies or Force Majeure, as the result of Legal Requirementsgovernmental action or legal requirements, the failure of any Utility utility provider to provide such Utilities, or temporary interruptions for the performance by Landlord or any Utility utility provider of any installation, maintenance or repairs, or any other temporary interruptionsinterruptions in compliance with Section 45(o). Landlord hereby agrees to use commercially will provide reasonable efforts to minimize the duration and extent advance notice of any such unavailability, to the extent within Landlord’s reasonable control. Commencing on the Commencement Date, Tenant elects to provide the Janitorial Services within the Premisesplanned interruption. Tenant shall (i) utilize the same Janitorial Service provider that Landlord utilizes from time to time be responsible, at its sole cost and expense, for obtaining and paying for suitable and proper janitorial services for the Common Areas, and (ii) maintain the Janitorial Services in a first-class manner and in accordance with Exhibit H. For so long as Tenant is properly performing Janitorial Services to the Premises, Landlord shall not include the cost of such services as part of Operating Expenses. If Tenant fails to (x) provide such Janitorial Services in a first-class manner and in accordance with Exhibit H, or (y) utilize the same Janitorial Services provider that Landlord then utilizes for the Common Areas, then (in addition to Landlord’s other remedies for a Tenant default) Landlord shall be permitted to provide such services upon prior written notice to Tenant, in which event the cost of such services shall be included as part of Operating Expenses.

Utilities Janitorial Services. Landlord shall provide, subject to the terms of this Section 11, (i) facilities for tepid water, electricity, heating and air conditioning, fire alarmheat, light, power, sewer, and other utilities (including natural gas and fire sprinklers to the extent the Building Project is plumbed for such services) (collectively, “Utilities”) to the Premises), and (ii) refuse and trash collection and janitorial services for the Common Areas and, at Landlord’s election as set forth belowelection, the Premises (collectively, “Janitorial Services”). In the event Tenant fails to provide Janitorial Services within the Premises in accordance with this Section 11(a), Landlord shall have the right to provide Janitorial Services within the Premises as set forth below, and, in such event, Xxxxxxxx’s contract with its Janitorial Services provider shall provide for the janitorial specifications for the Premises to be at least those set forth on Exhibit H. The Utilities will be installed as set forth in the Work Letter. Landlord shall paypay (except as otherwise expressly set forth herein), subject to XxxxxxTenant’s reimbursement obligation or inclusion of such costs as Operating Expenses, for all Utilities used on the Premises, all maintenance charges for Utilities imposed by the applicable Utility provider(s)Utilities, and any storm sewer charges or other similar charges for Utilities (without mark-up)imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon, as well as the cost for Janitorial Services. If any Utilities are not separately metered or check-metered as part of the Tenant Improvements, Landlord may cause, at Tenant’s expense, any cause such Utilities to be separately metered or check-metered at Landlord’s expense. Landlord may cause any Utilities separately metered or check-metered to be charged directly to Tenant by the provider; provided that Landlord shall cause electricity for retail tenants to be separately metered from the office tenants at Landlord’s expense. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Landlord shall manage or contract for the management of Janitorial Services to the Premises and Tenant shall pay for the same. Landlord may cause, at XxxxxxTenant’s expense, the Janitorial Services to be separately charged or charged directly to Tenant by the provider. , in which case, Tenant shall pay directly to the Janitorial Services provider, prior to delinquency, any separately charged Janitorial Services. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered or check-metered Utilities based upon consumption and all charges for Janitorial Services that are not separately charged, as reasonably determined by Landlord. No interruption or failure of Utilities or Janitorial Services, from any cause whatsoeverwhatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, 321 Arsenal (AOTC) / Forma Therapeutics - Page 13 termination of this Lease or the abatement of Rent (except as set forth in Section 11(b) Rent. Tenant agrees to limit use of water and sewer with respect to abatement)Common Areas to normal restroom use. To the extent such services are not provided by Landlord, Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Utilities and access to the Premises by elevator shall be available to the Premises 24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. Landlord hereby agrees to use commercially reasonable efforts to minimize the duration and extent of any such unavailabilityBuilding 1 (AOTC) / Kymera Therapeutics, to the extent within Landlord’s reasonable control. Commencing on the Commencement Date, Tenant elects to provide the Janitorial Services within the Premises. Tenant shall (i) utilize the same Janitorial Service provider that Landlord utilizes from time to time for the Common Areas, and (ii) maintain the Janitorial Services in a first-class manner and in accordance with Inc. - Page 15 Exhibit H. For so long as Tenant is properly performing Janitorial Services to the Premises, Landlord shall not include the cost of such services as part of Operating Expenses. If Tenant fails to (x) provide such Janitorial Services in a first-class manner and in accordance with Exhibit H, or (y) utilize the same Janitorial Services provider that Landlord then utilizes for the Common Areas, then (in addition to Landlord’s other remedies for a Tenant default) Landlord shall be permitted to provide such services upon prior written notice to Tenant, in which event the cost of such services shall be included as part of Operating Expenses.10.13

Utilities Janitorial Services. Landlord shall provide, subject to the terms of this Section 11, (i) facilities for tepid water, electricity, heating and air conditioning, fire alarmheat, light, power, sewer, compressed air, vacuum, and other utilities (including natural gas and fire sprinklers to the extent the Building Project is plumbed for such services) (collectively, “Utilities”) to the Premises, ); and (ii) refuse and trash collection and janitorial services for the Common Areas and, at Landlord’s election as set forth belowelection, the Premises (collectively, “Janitorial Services”). In the event Tenant fails to provide Janitorial Services within the Premises in accordance with this Section 11(a), Landlord shall have the right to provide Janitorial Services within the Premises pay (except as otherwise expressly set forth below, and, in such event, Xxxxxxxx’s contract with its Janitorial Services provider shall provide for the janitorial specifications for the Premises to be at least those set forth on Exhibit H. The Utilities will be installed as set forth in the Work Letter. Landlord shall payherein), subject to XxxxxxTenant’s reimbursement obligation or inclusion of such costs as Operating Expenses, for all Utilities used on the Premises, all maintenance charges for Utilities imposed by the applicable Utility provider(s)Utilities, and any storm sewer charges or other similar charges for Utilities (without mark-up)imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon, as well as the cost for Janitorial Services. Electricity will be sub-metered as part of Landlord’s Work. Landlord may cause, at Tenant’s expense, any other Utilities to be separately metered or charged directly to Tenant by the provider; provided that Landlord shall cause electricity for retail tenants to be separately metered from the office tenants at Landlord’s expense. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Landlord shall manage or contract for the management of Janitorial Services to the Premises and Tenant shall pay for the same. Landlord may cause, at XxxxxxTenant’s expense, the Janitorial Services to be separately charged or charged directly to Tenant by the provider. , in which case Tenant shall pay directly to the Janitorial Services provider, prior to delinquency, any separately charged Janitorial Services. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption and all charges for Janitorial Services that are not separately charged, as reasonably determined by Landlord. No interruption or failure of Utilities or Janitorial Services, from any cause whatsoeverwhatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, 321 Arsenal (AOTC) / Forma Therapeutics - Page 13 termination of this Lease or the abatement of Rent (except as set forth in Section 11(b) Rent. Tenant agrees to limit use of water and sewer with respect to abatement)Common Areas to normal restroom use. To the extent such services are not provided by Landlord, Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Utilities and access to the Premises by elevator shall be available to the Premises 24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. Landlord hereby agrees to use commercially reasonable efforts to minimize the duration and extent of any such unavailability, to the extent within Landlord’s reasonable control. Commencing on the Commencement Date, Tenant elects to provide the Janitorial Services within the Premises. Tenant shall (i) utilize the same Janitorial Service provider that Landlord utilizes from time to time for the Common Areas, and (ii) maintain the Janitorial Services in a first-class manner and in accordance with Exhibit H. For so long as Tenant is properly performing Janitorial Services to the Premises, Landlord shall not include the cost of such services as part of Operating Expenses. If Tenant fails to (x) provide such Janitorial Services in a first-class manner and in accordance with Exhibit H, or (y) utilize the same Janitorial Services provider that Landlord then utilizes for the Common Areas, then (in addition to Landlord’s other remedies for a Tenant default) Landlord shall be permitted to provide such services upon prior written notice to Tenant, in which event the cost of such services shall be included as part of Operating Expenses.

Utilities Janitorial Services. Landlord shall provide, subject to the terms of this Section 11, (i) facilities for tepid water, electricity, heating and air conditioning, fire alarmheat, light, power, sewer, and other utilities (including natural gas and fire sprinklers to the extent the Building Project is plumbed for such services) (collectively, “Utilities”) to the Premises), and (ii) refuse and trash collection and janitorial services for the Common Areas and, at Landlord’s election as set forth belowelection, the Premises (collectively, “Janitorial Services”). In the event Tenant fails to provide Janitorial Services within the Premises in accordance with this Section 11(a), Landlord shall have the right to provide Janitorial Services within the Premises as set forth below, and, in such event, Xxxxxxxx’s contract with its Janitorial Services provider shall provide for the janitorial specifications for the Premises to be at least those set forth on Exhibit H. The Utilities will be installed as set forth in the Work Letter. Landlord shall paypay (except as otherwise expressly set forth herein), subject to XxxxxxTenant’s reimbursement obligation or inclusion of such costs as Operating Expenses, for all Utilities used on the Premises, all maintenance charges for Utilities imposed by the applicable Utility provider(s)Utilities, and any storm sewer charges or other similar charges for Utilities (without mark-up)imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon, as well as the cost for Janitorial Services. If any Utilities are not separately metered or check-metered as part of the Tenant Improvements, Landlord may cause, at Tenant’s expense, any cause such Utilities to be separately metered or check-metered at Landlord’s expense. Landlord may cause any Utilities separately metered or check-metered to be charged directly to Tenant by the provider; provided that Landlord shall cause electricity for retail tenants to be separately metered from the office tenants at Landlord’s expense. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Landlord shall manage or contract for the management of Janitorial Services to the Premises and Tenant shall pay for the same. Landlord may cause, at XxxxxxTenant’s expense, the Janitorial Services to be separately charged or charged directly to Tenant by the provider. , in which case, Tenant shall pay directly to the Janitorial Services provider, prior to delinquency, any separately charged Janitorial Services. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered or check-metered Utilities based upon consumption and all charges for Janitorial Services that are not separately charged, as reasonably determined by Landlord. No interruption or failure of Utilities or Janitorial Services, from any cause whatsoeverwhatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, 321 Arsenal (AOTC) / Forma Therapeutics - Page 13 termination of this Lease or the abatement of Rent (except as set forth in Section 11(b) Rent. Tenant agrees to limit use of water and sewer with respect to abatement)Common Areas to normal restroom use. To the extent such services are not provided by Landlord, Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Utilities and access to the Premises by elevator shall be available to the Premises 24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. Landlord hereby agrees to use commercially reasonable efforts to minimize the duration and extent of any such unavailability, to the extent within Landlord’s reasonable control. Commencing on the Commencement Date, Tenant elects to provide the Janitorial Services within the Premises. Tenant shall (i) utilize the same Janitorial Service provider that Landlord utilizes from time to time for the Common Areas, and (ii) maintain the Janitorial Services in a first-class manner and in accordance with Exhibit H. For so long as Tenant is properly performing Janitorial Services to the Premises, Landlord shall not include the cost of such services as part of Operating Expenses. If Tenant fails to (x) provide such Janitorial Services in a first-class manner and in accordance with Exhibit H, or (y) utilize the same Janitorial Services provider that Landlord then utilizes for the Common Areas, then (in addition to Landlord’s other remedies for a Tenant default) Landlord shall be permitted to provide such services upon prior written notice to Tenant, in which event the cost of such services shall be included as part of Operating Expenses.