Common use of Utilities, Services Clause in Contracts

Utilities, Services. (a) Tenant shall contract directly with utility providers for all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Building is plumbed for such services), janitorial, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Building during the Term (the “Building Utilities”) and shall pay for all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities to the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof). No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance of doubt, Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. Utilities 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 any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such scheduling.

Utilities, Services. If marked, the expense and responsibility of the following items are to be that of the Tenant. Electric Oven Drip Pans Water Light Bulb Replacement Sewer Smoke Alarm Battery Replacement Gas Utilities Change AC Filter Min. Every 2 Months Locks/Keys Refrigerator Water Filter The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (aincluding malfunction of irrigation system) Tenant shall contract directly to the attention of the Owner’s Agent. This notification must be done in writing. An email will suffice. The tenant must immediately notify the Owner’s Agent if sod, bugs, or weeds are present. Prior to receiving keys, tenant agrees to provide confirmation of utility accounts set up in their name effective with utility providers for all their lease start date. THE TERMINATION OF ANY UTILITY OR SERVICE OR THE FAILURE TO TRANSFER SAID UTILITY OR SERVICE IN TENANT(S)’ NAME IS A MATERIAL NONCOMPLIANCE OF TENANT(S) TO THIS RENTAL AGREEMENT. In the event a condominium association or homeowners association is currently providing any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, electricity, heat, light, power, sewer, trash, guarded security gate or other services and other utilities (the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD shall not be required to replace, provide, or pay for these removed services for TENANT. TENANT may opt to pay for non- essential services but shall be required to pay for essential services including gas and fire sprinklers but not limited to the extent the Building is plumbed for such services)water, janitorial, and refuse sewer and trash collection (“Utilities”) required and/or utilized if the association no longer provides these services. The discontinuation of any such services by Tenant during the Termassociation shall not be construed as a prohibited practice by LANDLORD nor shall it constitute a default under the lease. Tenant shall pay directly The failure of TENANT to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Building during the Term (the “Building Utilities”) retain and shall pay for all maintenance charges for Building Utilities, essential services upon notice and any storm sewer charges or other similar charges for Building Utilities imposed demand by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord the LANDLORD shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities to the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share constitute a material breach of the cost of such Project Utilities as part of Operating Expenses (except lease. In the event the premises is currently on well water, if the municipality or county decides to connect the extent the cost thereof is excluded from Operating Expenses pursuant premises to Section 5 hereof). No interruption or failure of Utilitiescity/municipality water, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance of doubt, Tenant TENANT agrees that TENANT shall be responsible for obtaining and paying for its own janitorial servicesthe monthly water ▇▇▇▇ and monthly sewer ▇▇▇▇ if no longer on septic and shall place the water/sewer utility in TENANT’S name unless prohibited by the municipality to avoid any interruption in service. If TENANT surrenders the premises early, and refuse and trash collection services abandons the premises, or is evicted, TENANT shall remain responsible for all accruing utility charges otherwise the Premisesresponsibility of the TENANT under the lease. Utilities shall be available TENANT is responsible for any cost related to the Premises 24 hours per dayinstallation and/or maintenance of phone lines, 7 days per weekcable lines, except in the case of emergenciesoutlets and/or jacks, as the result of Legal Requirements, the failure of any Utility provider if TENANT chooses to provide such Utilities, the performance by any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such schedulinghave phone land line service and/or cable service.

Utilities, Services. (a) Landlord shall be responsible for the payment of the following utilities/services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall contract directly with utility providers be responsible for all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers the payment of the following utilities/services delivered to the extent the Building is plumbed for such services), janitorial, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the Term. leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall pay directly have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to such Utility providers prior to delinquency for all such Utilities furnished Landlord during this tenancy will be charged back to Tenant or the Building during the Term (the “Building Utilities”) and shall pay be due for all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereonreimbursement upon receipt of invoice from Landlord. Landlord shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities to If after the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilitiesfirst billing period, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇’s Share ▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the cost negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such Project Utilities as part of Operating Expenses (except loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof). No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement utilities due to non-payment of Rentbills by Tenant. For the avoidance Tenant has an obligation to notify Landlord prior to any interruption of doubt, Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for utility service to the Premises. Utilities Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be available at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the Premises 24 hours per day, 7 days per week, except rent payment. No keys will be issued to Tenant until the appropriate services are put in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business name and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such schedulingverified by Landlord.

Utilities, Services. (a) Tenant agrees to put the following utilities in Tenant’s name by the first day of the Lease and to promptly pay all utilities and services: Water , Sewer , Electric X , Gas X , Trash . Landlord agrees to place the following utilities into its name: Water X , Sewer X , Electric , Gas , Trash . For utilities that are in Landlord’s name, Tenant shall contract directly pay a monthly flat fee of $ 50.00 , which shall be payable with utility providers for all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Building is plumbed for such services), janitorial, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the Termmonthly rent payment beginning _08/03/2019_. Tenant shall pay directly a monthly flat fee of $ 40.00 , for trash service which shall include one trash bin ( 65 gallon or X 95 gallon) and one recycling bin (size to be determined at Landlord’s discretion), which shall be payable with the monthly rent payment beginning _08/03/2019_. Tenant agrees to dispose of all household trash and recycling by placement into its proper receptacle for regular collection in accordance with the trash service provider’s requirements and schedule. It is the Tenant’s responsibility to place the bins on the curb for proper pick-up in accordance with the trash service provider’s schedule. All trash receptacles shall be placed inside the garage or at the rear of the property except for the designated trash pick-up day. Tenant shall dispose of any extraordinary household trash, such Utility providers as damaged furniture and the like, by compacting it so that it will fit inside their trash receptacle, by hauling it to the dump, or by making prior arrangements with the trash service provider in advance, at Tenant’s expense. Third party services may be contracted, at Landlord’s sole discretion, to delinquency remove any item which prohibits routine and timely trash removal by the trash service provider, or violates any municipal ordinance, the cost of which shall be Tenant’s responsibility. Tenant is responsible for all cleaning up, disposing of, or hauling away any tree limbs, leaves and branches that may fall into the yard, or any newspapers, whether or not Tenant has a subscription. Any charges which exceed the flat rate will be at Tenant’s expense and due upon receipt. Internet, phone and cable are optional at Tenant’s expense. Satellite dishes that are 39.37 inches or less in diameter that receive direct broadcast satellite service, fixed wireless signals via satellite, or wireless cable that receives broadband radio service or fixed wireless signals, which are professionally installed in a safe manner, are located on the side or rear of the dwelling and are ground mounted, are permitted. The location should be selected in a manner that will not cause a nuisance to other lots. If such Utilities furnished location would impair the signal strength, the satellite dish may be installed at such location as is necessary to Tenant avoid impairment of the signal strength, provided that no mounting or installation shall be performed in a manner that requires the drilling of any holes or the Building during placement of any screws into the Term (siding or the “Building Utilities”) and shall pay for all maintenance charges for Building Utilitiesroof, and any storm sewer charges without the prior written consent of Landlord. No other antenna or other similar charges device for Building Utilities imposed the transmission or reception of television or radio signals, or any other form of electromagnetic radiation, may be installed or maintained on the exterior of any lot, unless approved in writing by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereonLandlord. Landlord shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities to the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to To the extent the cost thereof is excluded from Operating Expenses pursuant application of this provision would violate any provision of the Over-the-Air Reception Devices rules adopted by the Federal Communication Commission, this provision shall be deemed amended, as necessary, to Section 5 hereof), for all Utilities to meet the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereonminimum requirements of such rules. Tenant shall reimburse Landlord not allow any utility for which Tenant is responsible to become delinquent or be disconnected for any reason until the expiration of this Lease. Failure of Tenant to place or keep the utilities noted above in Tenant’s name prior to or on 08/03/2019, and during Lease term, and keep utility account in good standing, will result in a $25.00 service fee, per billing or notice received by Landlord, payable to Landlord, in addition to the utility ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)▇ and related charges. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance of doubt, Tenant shall be responsible for obtaining and paying any damages arising from the disconnection of the utilities that are Tenant’s responsibility, including any disconnect or reconnect fees. Landlord shall not be liable for its own janitorial services, and refuse and trash collection services for the Premises. Utilities shall be available to the Premises 24 hours per day, 7 days per week, except in the case any disruption of emergencies, as the result of Legal Requirements, the failure service of any Utility provider to provide such Utilities, the performance by any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such schedulingutility.

Utilities, Services. (a) Tenant Landlord shall contract directly with utility providers for all provide, subject to the terms of this Section 11. water, electricity, heat, light, power, sewer, and other utilities (including Including gas and fire sprinklers to the extent the Building Project is plumbed for such services), janitorialand, and with respect to the Common Areas, refuse and trash collection and janitorial services (collectively, “Utilities”) required and/or utilized by ). Landlord shall pay, as Operating Expenses or subject to Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency s reimbursement obligation, for all such Utilities furnished to Tenant or used on the Building during the Term (the “Building Utilities”) and shall pay for Premises, all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility providerprovider (including, without limitation, maintaining the MWRA Wastewater Discharge Permits applicable to the Project and the operation of the multi-tenant discharge system to which Tenant’s non-hazardous waste shall be discharged), and any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at Tenant’s expense, any Utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities directly to the Building Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the ProjectPremises during the Term. Landlord Tenant shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Expenses, for its share of all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilitiesjointly metered Utilities based upon consumption, any storm sewer charges or other similar charges for Project Utilities imposed as reasonably determined by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Landlord. No interruption Interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, or the abatement of Rent. For the avoidance Tenant may elect upon delivery of doubt, Tenant shall be responsible for obtaining written notice to Landlord to obtain and paying pay directly for its own janitorial services, and refuse and trash collection services for the Premises. Utilities Unless Tenant delivers Landlord written notice that it has elected to retain a third party to provide janitorial services to the Premises pursuant to the immediately following sentence, Landlord shall provide janitorial services to the Premises and Landlord shall charge Tenant directly for such janitorial services. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (l) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative backup generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will 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 any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such schedulingwhen needed.

Utilities, Services. (a) Tenant Landlord shall contract directly with utility providers for all provide, subject to the terms of this Section 11, water, electricity, heat, light, power, sewer, natural gas and other utilities (including gas and fire sprinklers to the extent the Building is plumbed for such services)utilities, janitorial, and refuse and trash collection and janitorial services (collectively, “Utilities”) required and/or utilized by Tenant during to the TermBuilding. Tenant Landlord shall pay directly pay, as Operating Expenses or subject to such Utility providers prior to delinquency Tenant’s reimbursement obligation, for all such Utilities furnished to Tenant or used on the Building during the Term (the “Building Utilities”) and shall pay for Premises, all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at Tenant’s expense, any Utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities directly to the Building Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the ProjectPremises during the Term. Landlord Tenant shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Expenses, for its share of all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilitiesjointly metered Utilities based upon consumption, any storm sewer charges or other similar charges for Project Utilities imposed as reasonably determined by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, as except as otherwise expressly provided for in the immediately following paragraphparagraph below, the abatement of Rent. For In the avoidance event of doubtan interruption or failure of Utilities, Tenant shall be responsible have the self-help rights provided for obtaining in Section 31. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall contract directly and pay for telephone, internet, date and telecommunication services to the Premises. Notwithstanding the foregoing, Tenant shall have the right from time to time, upon 30 days prior written notice to Landlord, to elect to contract directly and pay for janitorial services to the Premises in which case, during such periods where Tenant is contracting directly and paying for its own janitorial services, and refuse and trash collection services for to the Premises. Utilities , (i) Landlord shall not be available required to provide any janitorial services to the Premises 24 hours per dayand (ii) Tenant shall not be charged for janitorial services to the Premises or other tenants’ premises as part of Operating Expenses. Notwithstanding anything to the contrary set forth herein, 7 if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is not due in any part to any act or omission on the part of Tenant or any Tenant Party (as hereinafter defined) (any such stoppage of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than 5 consecutive days per weekafter Landlord shall have received written notice thereof from Tenant, except in the case of emergencies, and (iii) as the a result of Legal Requirementssuch Service Interruption, the failure conduct of any Utility provider to provide such Utilities, the performance by any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such scheduling.normal

Utilities, Services. (a) Tenant Landlord shall contract directly with utility providers for all provide, subject to the terms of this Section 11, water, electricity, heatheating, ventilation and air conditioning (“HVAC”), light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Building Project is plumbed for such services), janitorial) to the Premises and the Common Areas, and refuse and trash collection and janitorial services to the Common Areas (collectively, “Utilities”) required and/or utilized by Tenant during the Term). Tenant Landlord shall pay directly pay, as part of Operating Expenses or subject to such Utility providers prior to delinquency Tenant’s reimbursement obligation below, for all such Utilities furnished to Tenant or used on the Building during the Term (the “Building Utilities”) and shall pay for Premises, all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord Electricity serving the Premises is separately submetered and commencing on the Commencement Date, Tenant shall pay for electricity consumed in the Premises based on such submeter. Landlord may cause, at its cost (and not as an Operating Expense) all connection charges and meter fees for all Landlord’s expense, any other Utilities to be separately metered or charged directly to Tenant by the Building provider. 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 ProjectPremises during the Term. Landlord Tenant shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Expenses, for its share of all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilitiesjointly metered Utilities based upon consumption, any storm sewer charges or other similar charges for Project Utilities imposed as reasonably determined by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconductwhatsoever, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, or the abatement of Rent. For the avoidance Tenant may elect upon delivery of doubt, Tenant shall be responsible for obtaining written notice to Landlord to obtain and paying pay directly for its own janitorial services, and refuse and trash collection services for the Premises. Utilities Unless Tenant delivers Landlord written notice that it has elected to retain a third party to provide janitorial services to the Premises, Landlord shall be available provide janitorial services 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 any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, and Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if charge Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed directly for such schedulingjanitorial services. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use.

Utilities, Services. (a) Tenant shall contract directly with utility providers We’ll pay for all waterthe following items, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Building is plumbed for such services), janitorial, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Building during the Term (the “Building Utilities”) and shall if checked: «cb_utility_water» Water «cb_utility_gas» Gas «cb_utility_electricity» Electricity «cb_utility_trash» Trash «cb_utility_cable» Cable Television «cb_utility_internet» Internet You’ll pay for all maintenance charges for Building Utilitiesother utilities, related deposits, and any storm sewer charges charges, fees, or other similar charges services on such utilities. You must not allow utilities to be disconnected- including disconnection for Building not paying your bills-until the lease term or renewal period ends. Utilities imposed may be used only for normal household purposes and must not be wasted. If your electricity is ever interrupted, you must use only battery-operated lighting. If any utilities are sub metered for the unit, or prorated by an allocation formula, they will be sub-metered or allocated as set forth below. If you are required to pay any Governmental Authority utility and you fail to have your account turned on in your name by lease commencement or Utility providerif it is transferred back into our name before you surrender or abandon the unit, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall pay at its cost you’ll be liable for a $20.00 charge (and not as an Operating Expense) all connection charges and meter fees for all Utilities to the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereofexceed $50), for all Utilities to plus the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges actual or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share estimated cost of the cost of such Project Utilities utilities used while the utility should have been connected in your name. This amount shall be due and payable as part of Operating Expenses (except to additional rent under the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof). No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination terms of this Lease orAgreement on or before the first day of the month following notice to you of such charges. 1) Water Service to your dwelling and costs will be paid by you as follows: a. Water service will be billed by the service provider to us and then allocated to you based on the square footage of your dwelling unit and the number of persons residing in your unit. 2) Sewer Service to your dwelling and costs will be paid by you as follows: a. Sewer service will be billed by the service provider to us and then allocated to you based on the square footage of your dwelling unit and the number of persons residing in your unit. 3) Trash Service to your dwelling and costs will be paid by you as follows: a. Trash service will be billed by the service provider to us and then allocated to you based on the square footage of your dwelling unit and the number of persons residing in your unit. 4) Electric Service to your dwelling and costs will be paid by you directly to the electric service provider. 5) Cable Service to your dwelling and costs will be paid by you directly to the service provider. 6) Internet Technology Service to your dwelling and costs will paid by you as follows: a. Internet service will be billed by the service provider to us and then allocated to you based on a flat rate of $45.00 per month. Resident required to provide own modem/router. 7) Amenity Fee for your dwelling will be billed to you at the flat rate of $8.00 per month. When billed by us directly or through our billing company, except as otherwise expressly provided in your payment of utility and/or services must be received with monthly rent and considered late on the immediately following paragraph5th day of the month. If a payment is late, the abatement of Rent. For the avoidance of doubt, Tenant shall you will be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services a late fee as outline in paragraph 6. To the extent there is a billing fee for the Premises. Utilities production of any services bill or a set up charge by us or our billing company, you shall be available to the Premises 24 hours per day, 7 days per week, except pay such billing fee in the case amount of emergencies$3.50 per billing period and a set-up/initiation fee of $3.50. Upon move-out, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference you will be charged a $17 account transfer fee for OPPD electric on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such schedulingyour Final Account Statement.

Utilities, Services. 1. All utilities and services used or consumed by Tenant on the Premises (a) each, a "Tenant shall contract directly with utility providers for all water, electricity, heat, light, power, sewerUtility", and other utilities (including gas collectively, the "Tenant Utilities") shall be billed to and fire sprinklers to the extent the Building is plumbed for such services), janitorial, and refuse and trash collection (“Utilities”) required and/or utilized paid by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Building during the Term (the “Building Utilities”) and shall pay for all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereonseparately from Rent as provided herein. Landlord shall maintain the Tenant Utilities in the Landlord's name and manage and bill the Tenant Utilities to Tenant using a payment platform of Landlord's choosing. Tenant agrees to enroll with the billing platform and create an account BEFORE taking possession of the Premises. ▇▇▇▇▇▇ agrees to timely pay at its cost (and not as an Operating Expense) all connection charges and meter fees Landlord for all Tenant Utilities charges as they are billed. ▇▇▇▇▇▇ further agrees to the Building pay a one-time set-up fee of $20.00 and the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereonmonthly billing service fees of 2. Tenant shall reimburse Landlord for agrees to keep Tenant's account on the payment platform active through the expiration of the Lease and/or until a final accounting of ▇▇▇▇▇▇’s Share 's bills have been performed and provided to Tenant even if ▇▇▇▇▇▇ has vacated the Premises. In the event Landlord elects to estimate a final utility invoice, Landlord will provide an estimated final invoice to Tenant based on prior consumption patterns, historical data, and seasonal factors. In such event, Tenant shall pay such estimated final invoice at or before the expiration of the cost Lease. Tenant may contact ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ to true-up the estimated final invoice with the final actual bill. If the estimated final invoice is higher than the final actual bill, Landlord will issue a refund check to Tenant's forwarding address. If the estimated final invoice is less than the final actual bill, Landlord will issue a final bill for the difference using the same payment platform and Tenant will promptly pay. Tenant understands and acknowledges that any remaining balance left unpaid by ▇▇▇▇▇▇ may be sent to a collection firm or agency and would likely damage ▇▇▇▇▇▇'s credit. 3. In the event Tenant fails to timely pay Landlord for any bill as it becomes due, Landlord may, at its option, pay such bill on behalf of Tenant and charge Tenant an administration fee of $50.00 per bill. Tenant expressly agrees that this administrative fee is a reasonable estimate of ▇▇▇▇▇▇▇▇'s liquidated damages (not a penalty) under such Project Utilities circumstances since damages resulting from Tenant's failure to timely pay are very difficult to ascertain. Tenant's failure to timely pay any bill shall also constitute a default under the Lease and may trigger late fees and/or eviction proceedings as part more particularly set forth in the Lease. Landlord shall have the right to switch billing services at any time with notice to Tenant upon substantially the same terms and conditions as provided herein. 4. ▇▇▇▇▇▇ agrees that Landlord shall have the right to debit/charge any method of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof). No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly payment that ▇▇▇▇▇▇ has provided in the immediately following paragraph, the abatement of Rent. For the avoidance of doubt, Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. Utilities shall be available past in order 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 any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such schedulingsatisfy an overdue utility bill.

Utilities, Services. If marked, the expense and responsibility of the following items are to be that of the Tenant. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (aincluding malfunction of irrigation system) Tenant shall contract directly to the attention of the Owner’s Agent. This notification must be done in writing. An email will suffice. The tenant must immediately notify the Owner’s Agent if sod, bugs, or weeds are present. Prior to receiving keys, tenant agrees to provide confirmation of utility accounts set up in their name effective with utility providers for all their lease start date. THE TERMINATION OF ANY UTILITY OR SERVICE OR THE FAILURE TO TRANSFER SAID UTILITY OR SERVICE IN TENANT(S)’ NAME IS A MATERIAL NONCOMPLIANCE OF TENANT(S) TO THIS RENTAL AGREEMENT. In the event a condominium association or homeowners association is currently providing any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, electricity, heat, light, power, sewer, trash, guarded security gate or other services and other utilities (the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD shall not be required to replace, provide, or pay for these removed services for TENANT. TENANT may opt to pay for non- essential services but shall be required to pay for essential services including gas and fire sprinklers but not limited to the extent the Building is plumbed for such services)water, janitorial, and refuse sewer and trash collection (“Utilities”) required and/or utilized if the association no longer provides these services. The discontinuation of any such services by Tenant during the Termassociation shall not be construed as a prohibited practice by LANDLORD nor shall it constitute a default under the lease. Tenant shall pay directly The failure of TENANT to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Building during the Term (the “Building Utilities”) retain and shall pay for all maintenance charges for Building Utilities, essential services upon notice and any storm sewer charges or other similar charges for Building Utilities imposed demand by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord the LANDLORD shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities to the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share constitute a material breach of the cost of such Project Utilities as part of Operating Expenses (except lease. In the event the premises is currently on well water, if the municipality or county decides to connect the extent the cost thereof is excluded from Operating Expenses pursuant premises to Section 5 hereof). No interruption or failure of Utilitiescity/municipality water, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance of doubt, Tenant TENANT agrees that TENANT shall be responsible for obtaining and paying for its own janitorial servicesthe monthly water ▇▇▇▇ and monthly sewer ▇▇▇▇ if no longer on septic and shall place the water/sewer utility in TENANT’S name unless prohibited by the municipality to avoid any interruption in service. If TENANT surrenders the premises early, and refuse and trash collection services abandons the premises, or is evicted, TENANT shall remain responsible for all accruing utility charges otherwise the Premisesresponsibility of the TENANT under the lease. Utilities shall be available TENANT is responsible for any cost related to the Premises 24 hours per dayinstallation and/or maintenance of phone lines, 7 days per weekcable lines, except in the case of emergenciesoutlets and/or jacks, as the result of Legal Requirements, the failure of any Utility provider if TENANT chooses to provide such Utilities, the performance by any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such schedulinghave phone land line service and/or cable service.

Utilities, Services. (a) Landlord shall make available to the Building gas, electricity, water, and sewer facilities. Tenant agrees to assume all costs and expenses for gas, electricity, telephone, water and sewer, refuse removal, pest control, grease trap cleaning, and any other service needed for its use at the Premises, including any license or deposit required to establish or maintain such services, and the costs of installation, hook-up and metering. Tenant shall contract directly with utility providers promptly pay for all utility services furnished to the Premises during the Term. Landlord shall under no circumstances be liable to Tenant in damage or otherwise for any interruption in service of water, electricity, heatheating, lightair conditioning or other utilities or services caused by governmental regulation, poweremergencies, seweracts of God, by the making of any necessary repairs or improvements, or by any cause beyond Landlord’s reasonable control; provided, however, that if any such interruption results from Landlord’s willful misconduct or gross negligence, Tenant, as Tenant’s sole and exclusive remedy therefor, shall be allowed an abatement of Base Rent for each day after the fourth (4th) consecutive business day of such interruption until such service is restored. Landlord shall endeavor in good faith to give at least twenty-four (24) hours notice to Tenant when any necessary interruption in service will be made by Landlord. Landlord shall use, and other utilities shall cause any of its employees, contractors, agents, and/or representatives to use, commercially reasonable efforts to minimize any interference with Tenant’s use and enjoyment of the Premises and the operation of Tenant’s business therefrom during any such necessary service interruptions. (including gas a) Landlord shall provide unheated water at those points of supply on the Land designated by Landlord and fire sprinklers to be specified in the Approved Construction Documents (as defined in the Construction Agreement attached hereto as Exhibit “C”) to be approved by Landlord. (b) Landlord shall provide electric lighting service for all public areas and special service areas of the Project in the manner and to the extent deemed by Landlord to be in keeping with the Building is plumbed for such services)standards of a comparable office/retail project in the area of The Woodlands, janitorial, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the TermTexas. Tenant shall pay directly for installation of the infrastructure needed to distribute electricity from the main gutter to points specified in the Approved Construction Documents, all equipment needed to submeter such Utility providers prior electricity and the cost of all electricity used in the Premises. (c) Tenant shall provide and pay for the installation of the infrastructure (including all equipment and fixtures) related to delinquency for heating, ventilating and cooling the Premises and heating the water used in the Premises. (d) Landlord shall provide pest control services in and around the Premises. (e) Except as otherwise expressly stipulated herein, Landlord shall make, do and perform all such Utilities furnished to Tenant maintenance or repairs of any kind or character on the Land, Easements, parking areas, landscaping, service and other drives, the Building during and all building machinery and components necessary to maintain the Term Building in a condition comparable to other first-class buildings/shopping centers in the same metropolitan area as the Premises, which shall include the upkeep of the roof, roof membrane and roof systems (gutters, downspouts and the “Building Utilities”) and shall pay for all maintenance charges for Building Utilitieslike), foundation, interior structural walls, and any storm sewer charges or all structural components of the Building, the painting and repair of exterior walls, corridors, windows and other similar charges for Building Utilities imposed by any Governmental Authority or Utility providerstructures and equipment serving the Premises, and any taxessuch repairs and maintenance thereto as may be necessary because of damage or negligence by persons other than Tenant, penaltiesits agents, surcharges employees, invitees, licensees or similar charges thereonvisitors. Landlord shall pay at its cost make all repairs under this Section promptly after Landlord learns of the need for such repairs but in any event within thirty (and 30) days after Tenant notifies Landlord of the need for such repairs. Failure by Landlord to any extent to furnish the defined services in subparagraphs (a), (b), (d), or (e) or any cessation thereof shall not render Landlord liable in any respect for damages to either person or property, nor be construed as an Operating Expense) all connection charges and meter fees for all Utilities to the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof). No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the nor work an abatement of Rent. For the avoidance rent, nor relieve Tenant from fulfillment of doubtany covenant or agreement herein, Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for hereby waiving all claims against Landlord arising from service interruption. In the Premises. Utilities 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 event of any Utility provider to provide such Utilitiesinterruption other than a service interruption for scheduled maintenance, the performance by any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptionstests and inspections, Landlord shall use reasonable efforts diligence to perform restore such work at service in any circumstance in which such times and in such manner such that restoration is intended to minimize within the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside reasonable control of business hours, then Tenant shall be responsible for the extra costs imposed for such schedulingLandlord.

Utilities, Services. Utilities and services supplied to the Premises shall be paid as follows: Paid By: Usage Cap* *Usage Cap: This is a monthly conservation cap. Usage cap is only applicable if water and sewer is paid by Landlord. If water and sewer is paid by resident, no cap applies. In addition to Rent, Resident shall pay to Landlord such amounts in excess of the Usage Cap stated above, within five (5) days of receipt from the Landlord of the amount of such amounts billed by the utility company in excess of the Usage Cap. In the absence of individual meters Landlord has the right to calculate usage based on square footage or number of occupants. a) Tenant One Time Administration Fee: In connection with the administration and processing of the lease, the administration of common area utilities, and other services provided to Resident by Landlord during the term of this Lease, Resident will be required to, and agrees to pay an Administration Fee of $135.00 per occupant, due with first rental installment outlined in the Summary of Lease Terms section of this Lease Agreement. This fee applies to the term of this lease only, and Resident may be charged additional fees for future leases. These fees are non-refundable and cannot be prorated. b) Landlord shall contract directly with be reasonably diligent in Landlord’s effort to restore and maintain any utility providers service to the Premises which is interrupted. Resident shall be solely responsible for acquiring and maintaining, at Resident’s sole cost and expense, any and all waterutilities, electricityother than those specifically set forth in this section as Landlord’s responsibility. As applicable in this section, any utility or service for which payment is solely the responsibility of Resident must be placed/changed into legal name of Resident immediately upon the Lease Start Date, without any further notice from Landlord. c) If Resident fails to place appropriate utilities and services into Resident’s legal name at any time during this lease, Landlord is not required, but reserves the right, to pay outstanding utility and service bills of Resident and bill the amount back to the Resident. If this is the case, Resident waives Resident’s right to receive a copy of such bill and acknowledges Resident will be charged an additional $50.00 processing fee for each occurrence, per utility type. This fee is used to compensate Owner for Resident’s failure to become the customer of record for such accounts, including, but not limited to charges assessed by the third party billing provider to Owner for processing of the bill for the delinquent time period, opportunity cost of the money not paid and other administrative costs. Resident and Owner agree that the charge described above is a reasonable estimate of the costs incurred. These bills will be due within five (5) days of being posted to Resident’s account or Resident will be subject to the same late fees which are described in section five (5) of this Lease Agreement. If this takes place in a month of partial residency, Resident acknowledges that Landlord will use an even daily proration method to determine Resident’s responsibility and may base the final invoice amount on a previous period if there is not reasonable administrative time to allow for receipt of the final invoice. d) Landlord shall have the right to temporarily suspend any utility or other service to the Premises and/or Unit in order to do maintenance and/or repair and/or protect the Facility, Premises, Unit or Resident from risk of harm or loss. e) Neither Landlord nor its agent (regardless of the negligence of Landlord or its agent) shall be liable for loss or damages resulting from the interruption of heat, lightelectrical, powerwater, sewer, and other utilities (including gas and fire sprinklers to the extent the Building is plumbed for such services)telephone, janitorialcable TV, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Building during the Term (the “Building Utilities”) and shall pay for all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities to the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof). No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance of doubt, Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. Utilities 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 any Utility provider of any installation, maintenance or repairsInternet, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairsutility services, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize for the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside malfunction of business hours, then Tenant shall machinery or appliances serving f) Resident will be responsible for any utility expenses in, and not specifically laid out in, this section as Landlord’s responsibility for the extra costs imposed full term of the Lease, from the Lease Start Date to the Lease End Date regardless of whether Resident physically occupies the Premises. Resident agrees to pay for all charges billed in accordance with this agreement before the Lease End Date. Resident will be required to provide documentation that they have taken necessary steps as detailed in this section in order to be given possession of their apartment for move-in. g) Resident is responsible for paying all charges billed to Resident under this Lease. The failure to make the utility payment is material and substantial breach of the Lease and shall entitle Landlord to exercise all remedies available under the Lease. h) Resident is always responsible to leave heat and air-conditioning at an adequate level so that pipes are properly heated and do not freeze, and no organic growth occurs, even when they are not in the Unit. If Resident fails to do so Resident will be fully responsible for all damages. i) Resident agrees not to terminate, cut off, interfere with, or disconnect any utility sub metering system or device. Violation of this provision is a material breach or default of the Lease and shall entitle Landlord to immediately exercise all remedies available. j) If Landlord decides to enter into a bulk cable and internet agreement with a local provider Landlord has the right to require Resident to buy cable and internet package from Landlord, at a fair going rate. If this is the case, Landlord may notify Resident of this via email and explain rate and terms. k) Should any provision of this Utility & Services Section of the Lease Agreement be found legally invalid or unenforceable, this does not invalidate or diminish any other provision herein. We will not be in default under any provision hereof unless you have provided us with written notice of the specific issue, and we have failed to cure such schedulingmatter within a reasonable time after receipt of your notice.

Utilities, Services. (a) Tenant Landlord shall contract directly with utility providers for all provide, subject to the terms of this Section 11, water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Building Project is plumbed for such services), janitorial, and refuse and trash collection and janitorial services (collectively, “Utilities”) required and/or utilized ). Tenant shall be permitted, at Tenant’s sole cost and expense, to continue to use the rooftop boiler which services the autoclave and dishwasher within the Premises as of the Commencement Date, which boiler is owned by Landlord and shall be maintained in good working order by Tenant during the Term. Tenant Landlord shall pay directly pay, as Operating Expenses or subject to such Utility providers prior to delinquency Tenant’s reimbursement obligation, for all such Utilities furnished to Tenant or used on the Building during the Term (the “Building Utilities”) and shall pay for Premises, all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord The Premises is currently separately metered for electricity and gas. Tenant shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities directly to the Building Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the ProjectPremises during the Term. Within 5 days after Tenant’s payment of separately metered gas and electricity provided to the Premises, Tenant shall provide Landlord with copies of the applicable invoices so that such amounts paid by Tenant may be factored into the cap on Operating Expenses provided for in Section 5. Tenant shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Expenses, for its share of all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilitiesjointly metered Utilities based upon consumption, any storm sewer charges or other similar charges for Project Utilities imposed as reasonably determined by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, or the abatement of Rent. For the avoidance Tenant agrees to limit use of doubt, water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be responsible for obtaining and paying for its own janitorial servicesbe: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and refuse (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and trash collection services for the Premises. Utilities shall agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will 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 any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such schedulingwhen needed.

Utilities, Services. (a) Tenant Landlord shall contract directly with utility providers for all provide, subject to the terms of this Section 11, water, electricity, heat, ventilation and air conditioning systems (“HVAC”), light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Building Project is plumbed for such services), janitorialand, and with respect to the Common Areas only, refuse and trash collection and janitorial services (collectively, “Utilities”) required and/or utilized by Tenant during the Term). Tenant Landlord shall pay directly pay, as Operating Expenses or subject to such Utility providers prior to delinquency ▇▇▇▇▇▇’s reimbursement obligation, for all such Utilities furnished to Tenant or used on the Building during the Term (the “Building Utilities”) and shall pay for Premises, all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at ▇▇▇▇▇▇▇▇’s expense, any Utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities directly to the Building Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the ProjectPremises during the Term. Landlord Tenant shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Expenses, for its share of all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilitiesjointly metered Utilities based upon consumption, any storm sewer charges or other similar charges for Project Utilities imposed as reasonably determined by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance Tenant agrees to limit use of doubt, water and sewer with respect to Common Areas to normal restroom use. Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. Utilities shall be available Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises 24 hours per dayshall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service Interruption”), 7 and (ii) such Service Interruption continues for more than 5 consecutive business days per weekafter Landlord shall have received written notice thereof from Tenant, except in the case of emergencies, and (iii) as the a result of Legal Requirementssuch Service Interruption, the failure conduct of any Utility provider to provide such Utilities, the performance by any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities normal operations in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hoursare materially and adversely affected, then Tenant there shall be responsible an abatement of one day’s Base Rent for the extra costs imposed for each day during which such scheduling.Service Interruption continues after such 5 business day

Utilities, Services. (a) Tenant Landlord shall contract directly with utility providers for all provide, subject to the terms of this Section 11, water, electricity, heat, ventilation and air conditioning systems (“HVAC”), light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Building Project is plumbed for such services), janitorialand, and with respect to the Common Areas only, refuse and trash collection and janitorial services (collectively, “Utilities”) required and/or utilized by Tenant during the Term). Tenant Landlord shall pay directly pay, as Operating Expenses or subject to such Utility providers prior to delinquency Te▇▇▇▇’▇ reimbursement obligation, for all such Utilities furnished to Tenant or used on the Building during the Term (the “Building Utilities”) and shall pay for Premises, all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at La▇▇▇▇▇▇’▇ expense, any Utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities directly to the Building Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the ProjectPremises during the Term. Landlord Tenant shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Expenses, for its share of all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilitiesjointly metered Utilities based upon consumption, any storm sewer charges or other similar charges for Project Utilities imposed as reasonably determined by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance Tenant agrees to limit use of doubt, water and sewer with respect to Common Areas to normal restroom use. Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. Utilities shall be available Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises 24 hours per dayshall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service Interruption”), 7 and (ii) such Service Interruption continues for more than 5 consecutive business days per weekafter Landlord shall have received written notice thereof from Tenant, except in the case of emergencies, and (iii) as the a result of Legal Requirementssuch Service Interruption, the failure conduct of any Utility provider to provide such Utilities, the performance by any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities normal operations in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hoursare materially and adversely affected, then Tenant there shall be responsible an abatement of one day’s Base Rent for the extra costs imposed for each day during which such scheduling.Service Interruption continues after such 5 business day

Utilities, Services. (a) Tenant Landlord shall contract directly with utility providers for all provide, subject to the terms of this Section 11, water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Building Project is plumbed for such services), janitorial, and refuse and trash collection and janitorial services for the Common Areas (collectively, “Utilities”) required and/or utilized by Tenant during the Term). Tenant Landlord shall pay directly pay, as Operating Expenses or subject to such Utility providers prior to delinquency Tenant’s reimbursement obligation, for all such Utilities furnished to Tenant or used on the Building during the Term (the “Building Utilities”) and shall pay for Premises, all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. , but in all instances only the actual amount charged by such Utility provider or Governmental Authority shall be included as part of Operating Expenses, and Landlord shall not add any surcharge or other internal charge to such amounts. Notwithstanding the foregoing, any late fees, penalties or other charges associated with Landlord’s failure to timely pay any amounts due and payable by Landlord for Utilities shall not be included as part of Operating Expenses unless Landlord’s failure to timely pay for Utilities is due to Tenant’s failure to pay any amounts due from Tenant hereunder. If Landlord determines, in its reasonable discretion, that Tenant is using more than its pro rata share of jointly metered Utilities, Landlord may cause, at its cost (and not as an Operating Expense) all connection charges and meter fees for all Tenant’s expense, such Utilities to be separately metered or charged directly to Tenant by the Building provider. 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 ProjectPremises during the Term. Landlord Tenant shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Expenses, for its share of all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilitiesjointly metered Utilities based upon consumption, any storm sewer charges or other similar charges for Project Utilities imposed as reasonably determined by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, or the abatement of Rent. For the avoidance Tenant agrees to limit use of doubt, water and sewer with respect to Common Areas to normal restroom use. Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. Utilities 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 any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such scheduling.

Utilities, Services. (a) Tenant shall contract directly with utility providers agrees at its own cost and expense, to pay for all water, electricitygas, heatsewer (and septic tank service, lightif any), powerpower and electric current, sewergarbage collection and/or compacting, and other similar utilities (including gas or services used by the Tenant on the Premises and for all connection and/or hookup fees, standby charges, service fees, whether charged before or after completion of the Premises and/or the Building, maintenance, repair, replacement and inspection service for fire sprinklers sprinkler system, drainage and sewer facilities, and all utilities from and after the delivery of possession of the Premises by Landlord. If separate meters are provided for Tenant, the cost of the meters, deposit for meters, and their installation shall be at Tenant's expense. In addition to the extent Rent specified in Article 2, Tenant shall pay as additional rent a utility charge to reimburse Landlord for utilities furnished by Landlord, if any, to the Building is plumbed Premises. If Tenant installs upon the Premises any electrical equipment which constitutes an overload on the electrical lines of the Premises, Tenant shall at its own expense make whatever changes are necessary to comply with the requirements of the insurance underwriters and any governmental authority having jurisdiction thereover, but nothing herein contained shall be deeded to constitute Landlord's consent to such overloading. Tenant agrees at its own cost and expense to pay for such services)all lawn and yard care and maintenance and to maintain all landscaping in good repair and condition, janitorial, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during specifically including the Termwaterfall. Tenant shall pay directly not alter or remove the landscaping, including the waterfall, without the express, written consent of the Landlord. Landlord shall be permitted to such Utility providers prior remove the waterfall and surrounding landscaping at its own election and expense. Tenant agrees at its own cost and expense to delinquency for all such Utilities furnished to Tenant or the Building during the Term (the “Building Utilities”) and shall pay for all security and fire alarm system maintenance charges for Building Utilitiesand cost, including false alarm costs, and Tenant further agrees that any storm sewer charges changes, alterations, or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities additions to the Building security/alarm system are to be provided and the Projectperformed by ▇. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the ▇ with Tri-City Sales, Incorporated, at Tenant's sole cost of such Project Utilities as part of Operating Expenses (except and expense. Tenant agrees at its own cost and expense to pay for all telephone system maintenance and cost and that any changes, alterations, or additions to the extent the telephone system are to be provided and performed by Telco Wiring & Repair, Inc., at Tenant's sole cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof). No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance of doubt, Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. Utilities 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 any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such schedulingexpense.

Utilities, Services. Sublandlord shall have no obligation to provide to the Subleased Premises any services or utilities (aincluding, without limitation, telephone or internet services) Tenant of any kind and shall have no liability for any interruption in utilities or services to the Subleased Premises; provided, however, that to the extent Sublandlord provides any services or utilities to the Subleased Premises, Subtenant shall pay to Sublandlord (upon receipt of invoice) the amounts necessary to reimburse Sublandlord for the actual costs of providing such services. Sublandlord shall not be responsible or liable in any way for any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any way excuse Subtenant’s performance under this Sublease or entitle Subtenant to any abatement of Rent, unless Sublandlord receives such an abatement from Master Landlord, in which case such abatement shall be passed through to Subtenant, or such failure is a result of Sublandlord’s gross negligence or willful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with utility providers for all water, electricity, heat, light, power, sewer, Master Landlord to restore such interrupted utilities and other utilities (including gas and fire sprinklers to the extent the Building is plumbed for such services), janitorial, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the Term. Tenant Subtenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Building during the Term (the “Building Utilities”) and shall pay for all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall pay at its cost (and not Sublandlord as an Operating Expense) all connection charges and meter fees for all Utilities to the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and Rent hereunder any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, sums which Sublandlord may be required to pay to Master Landlord or any taxesservice provider arising out of excess consumption by Subtenant or a request by Subtenant for additional building services (e.g., penaltiescharges associated with after-hours HVAC usage and over-standard electrical charges). Notwithstanding anything to the contrary in this Sublease or the Master Lease, surcharges Subtenant agrees that Sublandlord shall not be required to perform any of the covenants, agreements or similar charges thereon. Tenant shall reimburse obligations of Master Landlord under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Master Landlord thereunder, Subtenant acknowledges and agrees that Subtenant will look solely to Master Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant performance, subject to Section 5 hereof). No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance of doubt, Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. Utilities 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 any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such scheduling13.2.

Utilities, Services. If marked, the expense and responsibility of the following items are to be that of the Tenant. Electric (aall meters) Tenant shall contract directly Oven Drip Pans Water (all meters) Light Bulb Replacement Sewer Smoke Alarm Battery Replacement Gas Utilities Change AC Filter Min. Every 1 Month Locks/Keys Adding Vinegar to A/C Drain Tube Monthly Water Softener Salt Refrigerator Water Filter The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of the Owner’s Agent. This notification must be done in writing. An email will suffice. The tenant must immediately notify the Owner’s Agent if sod, bugs, or weeds are present. Prior to receiving keys, tenant agrees to provide confirmation of utility accounts set up in their name effective with utility providers for all their lease start date. THE TERMINATION OF ANY UTILITY OR SERVICE OR THE FAILURE TO TRANSFER SAID UTILITY OR SERVICE IN TENANT(S)’ NAME IS A MATERIAL NONCOMPLIANCE OF TENANT(S) TO THIS RENTAL AGREEMENT. In the event a condominium association or homeowners association is currently providing any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, electricity, heat, light, power, sewer, trash, guarded security gate or other services and other utilities (the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD shall not be required to replace, provide, or pay for these removed services for TENANT. TENANT may opt to pay for non- essential services but shall be required to pay for essential services including gas and fire sprinklers but not limited to the extent the Building is plumbed for such services)water, janitorial, and refuse sewer and trash collection (“Utilities”) required and/or utilized if the association no longer provides these services. The discontinuation of any such services by Tenant during the Termassociation shall not be construed as a prohibited practice by LANDLORD nor shall it constitute a default under the lease. Tenant shall pay directly The failure of TENANT to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Building during the Term (the “Building Utilities”) retain and shall pay for all maintenance charges for Building Utilities, essential services upon notice and any storm sewer charges or other similar charges for Building Utilities imposed demand by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord the LANDLORD shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities to the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share constitute a material breach of the cost of such Project Utilities as part of Operating Expenses (except lease. In the event the premises is currently on well water, if the municipality or county decides to connect the extent the cost thereof is excluded from Operating Expenses pursuant premises to Section 5 hereof). No interruption or failure of Utilitiescity/municipality water, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance of doubt, Tenant TENANT agrees that TENANT shall be responsible for obtaining and paying for its own janitorial servicesthe monthly water bill and monthly sewer bill if no longer on septic and shall place the water/sewer utility in TENANT’S name unless prohibited by the municipality to avoid any interruption in service. If TENANT surrenders the premises early, and refuse and trash collection services abandons the premises, or is evicted, TENANT shall remain responsible for all accruing utility charges otherwise the Premisesresponsibility of the TENANT under the lease. Utilities shall be available TENANT is responsible for any cost related to the Premises 24 hours per dayinstallation and/or maintenance of phone lines, 7 days per weekcable lines, except in the case of emergenciesoutlets and/or jacks, as the result of Legal Requirements, the failure of any Utility provider if TENANT chooses to provide such Utilities, the performance by any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such schedulinghave phone land line service and/or cable service.

Utilities, Services. Tenant shall promptly pay directly to the appropriate utility or service provider, as the same become due, all charges for water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to or used by Tenant on or about the Premises during the Lease Term, including, without limitation, (a) meter, use and/or connection fees, hook-up fees, or standby fees, and (b) penalties for discontinued or interrupted service. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Building or the risers or wiring installation, and Tenant shall contract directly not install or use or permit the installation or use of any “Lines” in the Premises, except in accordance with utility providers for all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Building is plumbed for such services), janitorial, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant Paragraph 24 below or the Building during the Term (the “Building Utilities”) and shall pay Tenant Improvement Agreement. Any interruption or cessation of utilities resulting from any causes, including any entry for all maintenance charges for Building Utilitiesrepairs pursuant to this Lease, and any storm sewer charges renovation, redecoration or rehabilitation of any area of the Project, shall not render Landlord liable for damages to either person or property or for interruption or loss to Tenant’s business, nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rental, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other similar charges for Building Utilities imposed by any Governmental Authority Applicable Laws permitting the termination of this Lease due to such failure or Utility providerinterruption. Notwithstanding the foregoing or anything to the contrary contained in this Lease, if Tenant is prevented from using, and does not use, the Premises or any taxesmaterial portion thereof as a consequence of a cessation of utilities (i) not caused by Tenant or any Tenant Party and either within the reasonable control of Landlord to correct or covered by rental interruption insurance then carried by Landlord or (ii) caused by the negligence or willful misconduct of any Landlord Indemnitee (each, penaltiesa “Utility Cessation Event”), surcharges or similar charges thereon. then Tenant shall give Landlord shall pay at its cost notice of such Utility Cessation Event, and if such Utility Cessation Event continues for more than five (5) consecutive business days after Landlord’s receipt of such notice (“Utility Cessation Abatement Period”), then the Basic Monthly Rent and not as an Operating Expense) all connection charges and meter fees for all Utilities to the Building and the Project. Landlord shall pay, as part Tenant’s Percentage Share of Operating Expenses (except and Real Property Taxes shall be abated after expiration of the Utility Cessation Abatement Period and continuing for such time that Tenant continues to be so prevented from using, and does not use, the Premises or any material portion thereof, in the proportion that the rentable area of the Premises that Tenant is prevented from using, and does not use, bears to the extent total rentable area of the cost thereof is excluded from Operating Expenses pursuant Premises. Such right to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇▇ Basic Monthly Rent and Tenant’s Percentage Share of the cost of such Project Utilities as part of Operating Expenses and Real Property Taxes shall be Tenant’s sole and exclusive remedy at law or in equity for a Utility Cessation Event; provided, however, that if a Utility Cessation Event continues for nine (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof). No interruption or failure of Utilities, from any cause whatsoever other than 9) months after Landlord’s willful misconduct, shall result in eviction or constructive eviction receipt of notice thereof from Tenant, then Tenant shall thereafter have the right to terminate this Lease by delivery of written notice of termination to Landlord at any time prior to cessation of the Utility Cessation Event. Except in the event the Utility Cessation Event results from a default by Landlord under this Lease, (1) Tenant’s termination shall constitute an election of remedies, and (2) Landlord shall have no liability to Tenant in connection with such Utility Cessation Event. The provisions of this Paragraph 10.1 shall survive the expiration or earlier termination of this Lease oruntil all claims within the scope of this Paragraph 10.1 are fully, except as otherwise expressly provided in finally and absolutely barred by the immediately following paragraph, the abatement applicable statutes of Rent. For the avoidance of doubt, Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. Utilities 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 any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such schedulinglimitations.

Utilities, Services. Utilities and services supplied to the Premises shall be paid as follows: Paid By: Usage Cap* *Usage Cap: This is a monthly conservation cap. Usage cap is only applicable if water and sewer is paid by Landlord. If water and sewer is paid by resident, no cap applies. In addition to Rent, Resident shall pay to Landlord such amounts in excess of the Usage Cap stated above, within five (5) days of receipt from the Landlord of the amount of such amounts billed by the utility company in excess of the Usage Cap. In the absence of individual meters Landlord has the right to calculate usage based on square footage or number of occupants. a) Tenant One Time Administration Fee: In connection with the administration and processing of the lease, the administration of common area utilities, and other services provided to Resident by Landlord during the term of this Lease, Resident will be required to, and agrees to pay an Administration Fee of $150.00 per occupant, due with first rental installment outlined in the Summary of Lease Terms section of this Lease Agreement. This fee applies to the term of this lease only, and Resident may be charged additional fees for future leases. These fees are non-refundable and cannot be prorated. b) Landlord shall contract directly with be reasonably diligent in Landlord’s effort to restore and maintain any utility providers service to the Premises which is interrupted. Resident shall be solely responsible for acquiring and maintaining, at Resident’s sole cost and expense, any and all waterutilities, electricityother than those specifically set forth in this section as Landlord’s responsibility. As applicable in this section, any utility or service for which payment is solely the responsibility of Resident must be placed/changed into legal name of Resident immediately upon the Lease Start Date, without any further notice from Landlord. c) If Resident fails to place appropriate utilities and services into Resident’s legal name at any time during this lease, Landlord is not required, but reserves the right, to pay outstanding utility and service bills of Resident and bill the amount back to the Resident. If this is the case, Resident waives Resident’s right to receive a copy of such bill and acknowledges Resident will be charged an additional $50.00 processing fee for each occurrence, per utility type. This fee is used to compensate Owner for Resident’s failure to become the customer of record for such accounts, including, but not limited to charges assessed by the third party billing provider to Owner for processing of the bill for the delinquent time period, opportunity cost of the money not paid and other administrative costs. Resident and Owner agree that the charge described above is a reasonable estimate of the costs incurred. These bills will be due within five (5) days of being posted to Resident’s account or Resident will be subject to the same late fees which are described in section five (5) of this Lease Agreement. If this takes place in a month of partial residency, Resident acknowledges that Landlord will use an even daily proration method to determine Resident’s responsibility and may base the final invoice amount on a previous period if there is not reasonable administrative time to allow for receipt of the final invoice. d) Landlord shall have the right to temporarily suspend any utility or other service to the Premises and/or Unit in order to do maintenance and/or repair and/or protect the Facility, Premises, Unit or Resident from risk of harm or loss. e) Neither Landlord nor its agent (regardless of the negligence of Landlord or its agent) shall be liable for loss or damages resulting from the interruption of heat, lightelectrical, powerwater, sewer, and other utilities (including gas and fire sprinklers to the extent the Building is plumbed for such services)telephone, janitorialcable TV, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Building during the Term (the “Building Utilities”) and shall pay for all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities to the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof). No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance of doubt, Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. Utilities 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 any Utility provider of any installation, maintenance or repairsInternet, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairsutility services, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize for the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside malfunction of business hours, then Tenant shall machinery or appliances serving f) Resident will be responsible for any utility expenses in, and not specifically laid out in, this section as Landlord’s responsibility for the extra costs imposed full term of the Lease, from the Lease Start Date to the Lease End Date regardless of whether Resident physically occupies the Premises. Resident agrees to pay for all charges billed in accordance with this agreement before the Lease End Date. Resident will be required to provide documentation that they have taken necessary steps as detailed in this section in order to be given possession of their apartment for move-in. g) Resident is responsible for paying all charges billed to Resident under this Lease. The failure to make the utility payment is material and substantial breach of the Lease and shall entitle Landlord to exercise all remedies available under the Lease. h) Resident is always responsible to leave heat and air-conditioning at an adequate level so that pipes are properly heated and do not freeze, and no organic growth occurs, even when they are not in the Unit. If Resident fails to do so Resident will be fully responsible for all damages. i) Resident agrees not to terminate, cut off, interfere with, or disconnect any utility sub metering system or device. Violation of this provision is a material breach or default of the Lease and shall entitle Landlord to immediately exercise all remedies available. j) If Landlord decides to enter into a bulk cable and internet agreement with a local provider Landlord has the right to require Resident to buy cable and internet package from Landlord, at a fair going rate. If this is the case, Landlord may notify Resident of this via email and explain rate and terms. k) Should any provision of this Utility & Services Section of the Lease Agreement be found legally invalid or unenforceable, this does not invalidate or diminish any other provision herein. We will not be in default under any provision hereof unless you have provided us with written notice of the specific issue, and we have failed to cure such schedulingmatter within a reasonable time after receipt of your notice.

Utilities, Services. Sublandlord shall have no obligation to provide to the Subleased Premises with any services or utilities (aincluding without limitation telephone or internet services) Tenant of any kind and shall have no liability for any interruption in utilities or services to the Subleased Premises. Sublandlord shall not be responsible or liable in any way for any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any way excuse Subtenant’s performance under this Sublease or entitle Subtenant to any abatement of Rent, unless such failure is a result of Sublandlord’s negligence or willful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with utility providers for all water, electricity, heat, light, power, sewer, Master Landlord to restore such interrupted utilities and other utilities (including gas and fire sprinklers to the extent the Building is plumbed for such services), janitorial, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the Term. Tenant Subtenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Building during the Term (the “Building Utilities”) and shall pay for all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall pay at its cost (and not Sublandlord as an Operating Expense) all connection charges and meter fees for all Utilities to the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and Rent hereunder any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, sums which Sublandlord may be required to pay to Master Landlord or any taxesservice provider arising out of excess consumption by Subtenant or a request by Subtenant for additional building services (e.g., penaltiescharges associated with after-hours HVAC usage and over-standard electrical charges). Notwithstanding anything to the contrary in this Sublease or the Master Lease, surcharges Subtenant agrees that Sublandlord shall not be required to perform any of the covenants, agreements or similar charges thereon. Tenant shall reimburse obligations of Master Landlord under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Master Landlord thereunder, Subtenant acknowledges and agrees that Subtenant will look solely to Master Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof). No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance of doubt, Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. Utilities 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 any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such schedulingperformance.

Utilities, Services. (a) Tenant Landlord shall contract directly with utility providers for all provide, subject to the terms of this Section 11, water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Building Project is plumbed for such services), janitorialand, for the Common Areas and Shared Conference Facility, refuse and trash collection and janitorial services (collectively, “Utilities”) required and/or utilized by Tenant during the Term). Tenant Landlord shall pay directly pay, as Operating Expenses or subject to such Utility providers prior to delinquency Tenant’s reimbursement obligation, for all such Utilities furnished to Tenant or used on the Building during the Term (the “Building Utilities”) and shall pay for Premises, all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall, as part of Landlord’s Work, install an airflow checkmeter and/or submeter, as reasonably determined by Landlord, serving the Premises. Tenant shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees Landlord the costs for all Utilities consumed in the Premises based on the airflow checkmeter and/or submeter. Tenant shall pay directly to the Building Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the ProjectPremises during the Term. Landlord Commencing on the Commencement Date, Tenant shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)or as direct billed by Landlord, for its share of all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilitiesjointly metered Utilities based upon consumption, any storm sewer charges or other similar charges for Project Utilities imposed as reasonably determined by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, or the abatement of Rent. For the avoidance Tenant agrees to limit use of doubt, water and sewer with respect to Common Areas to normal restroom use. Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. (b) Landlord shall provide Tenant with access to the acid neutralization system existing as of the date of this Lease (“Acid Neutralization System”) pursuant to the terms and conditions of this Lease. Utilities Tenant acknowledges and agrees that the Acid Neutralization System shall be shared with at least one other tenant of the Project. Tenant’s obligation to pay its share of ongoing operation costs shall be allocated among Tenant and other user tenants on a pro rata basis, with Tenant’s share based on the ratio of the Rentable Area of Premises to the sum of the rentable areas of the Premises and the premises of all other user tenants. Landlord’s sole obligations for providing the Acid Neutralization System, or any acid neutralization system facilities, to Tenant shall be (the “Acid Neutralization Obligations”) to (i) use reasonable efforts to obtain and maintain the permit required from the Massachusetts Water Resources Authority for discharge through the Acid Neutralization System (the “Discharge Permit”), provided that Tenant cooperates with Landlord and provides all information and documents necessary in connection with the Discharge Permit, and (ii) contract with a third party to maintain the Acid Neutralization System as operating as per the manufacturer’s standard maintenance guidelines. Notwithstanding anything herein to the contrary, if the Acid Neutralization System must be replaced and the cost thereof is not included in such third party maintenance contract, then, Landlord shall replace the Acid Neutralization System, it being acknowledged, however, that Tenant shall be responsible for its share of all costs incurred in connection as an Operating Expense amortized as provided for laboratory portions of the Premises pursuant to Section 5. Tenant shall be solely responsible for the use of the Acid Neutralization System by Tenant, its employees, any sublessees, invitees or any party other than Landlord or Landlord’s contractors, and Tenant shall be jointly and severally responsible for the use of the Acid Neutralization System with the other user tenants, except in the event that Tenant can prove to Landlord’s reasonable satisfaction that neither Tenant nor any Tenant Party caused, contributed to or exacerbated the matter for which Tenant would otherwise be jointly and severally responsible but for this exception. Tenant shall use, and cause other parties under its control or for which it is responsible to use, the Acid Neutralization System in accordance with this Lease and in accordance with all applicable Legal Requirements, the Discharge Permit and any permits and approvals from Governmental Authorities for or applicable to Tenant’s use of the Acid Neutralization System. Tenant shall not take any action or make any omission that would result in a violation of the Discharge Permit or any other permit or Legal Requirements applicable to the Acid Neutralization System. The scope of the Surrender Plan (as defined in Section 28 of this Lease) shall include all actions for the proper cleaning, decommissioning and cessation of Tenant’s use of the Acid Neutralization System, and all requirements under this Lease for the surrender of the Premises shall also apply to Tenant’s cessation of use of the Acid Neutralization System, in each case whether at Lease expiration, termination or prior thereto (but Tenant shall not be required to complete the decommissioning of the Acid Neutralization System if other tenants or occupants will continue to use the same after the expiration or earlier termination of the Lease, nor shall Tenant be responsible for or bear any costs of decommissioning arising from the use of the Acid Neutralization System by any party other than Tenant; it being agreed that if multiple tenants use the Acid Neutralization System, then Landlord shall be responsible for completing the decommissioning thereof, and Tenant shall pay to Landlord within thirty (30) days after invoice therefor Tenant’s share of the reasonable, actual costs of decommissioning based on the ratio of the Rentable Area of the Premises to the rentable area of the Premises and the premises of all other user tenants). The obligations of Tenant under this Lease with respect to the Acid Neutralization System shall be joint and several with such other tenants as aforesaid, except in the event that Tenant can prove to Landlord’s reasonable satisfaction that neither Tenant nor any Tenant Party caused, contributed to or exacerbated the matter for which Tenant would otherwise be jointly and severally responsible but for this exception. Without in any way limiting the Acid Neutralization Obligations, Landlord shall have no obligation to provide Tenant with operational emergency or back-up acid neutralization facilities or to supervise, oversee or confirm that the third party maintaining the Acid Neutralization System is maintaining such system as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the Acid Neutralization System when such system is not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up system or facilities. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such Acid Neutralization System will be operational at all times or that such system will be available to the Premises 24 hours per daywhen needed. Without in any way limiting the Acid Neutralization Obligations, 7 days per weekin no event shall Landlord be liable to Tenant or any other party for any damages of any type, except whether actual or consequential, suffered by Tenant or any such other person in the case of emergenciesevent that the Acid Neutralization System or back-up system, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by any Utility provider of any installation, maintenance or repairsif any, or any other temporary interruptionsreplacement thereof fails or does not operate in a manner that meets Tenant’s requirements. For clarityWithin a reasonable period following a written request from Tenant, Landlord shall provide to Tenant copies of Landlord’s maintenance records regarding the maintenance of the Acid Neutralization System by Landlord or third party maintenance providers engaged by Landlord during the performance by Term. (c) Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generator is not operational, including any installationdelays thereto due to the inability to obtain parts or replacement equipment, maintenance Landlord shall have no obligation to provide Tenant with an alternative back-up generator or repairs, generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed. In no event shall Landlord be liable to Tenant or any other temporary interruptionsparty for any damages of any type, whether actual or consequential, suffered by Tenant or any such other person in the event that any emergency generator or back-up power or any replacement thereof fails or does not provide sufficient power. (d) Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than 5 consecutive days after Landlord shall use reasonable efforts to perform have received written notice thereof from Tenant, and (iii) as a result of such work at such times and in such manner such that is intended to minimize Service Interruption, the interference on conduct of Tenant’s business and its ability to utilize the Utilities normal operations in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hoursare materially and adversely affected, then Tenant there shall be responsible for the extra costs imposed for such scheduling.an abatement of one

Utilities, Services. (a) Tenant agrees to put the following utilities in their name by the first day of the Lease and to promptly pay all utilities and services: Water , Sewer , Electric , Gas X . Landlord agrees to place the following utilities into its name: Water X , Sewer X , Electric X , Gas . For utilities that are in the Landlord’s name, Tenant shall contract directly pay a monthly flat fee of $ 100.00 , which shall be payable with utility providers for all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent monthly rent payment beginning with the Building is plumbed for such services), janitorial, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the TermCommencement Date. Tenant shall pay directly to such Utility providers prior to delinquency a monthly flat fee of $ 25.00 , for all such Utilities furnished to Tenant trash service which shall include one trash bin ( X 65 gallon or the Building during the Term (the “Building Utilities”95 gallon) and one recycling bin (size to be determined at Landlord’s discretion) which shall pay be payable with the monthly rent payment beginning with the Commencement Date. Tenant agrees to dispose of all household trash and recycling by placement into its proper receptacle for all maintenance charges regular collection in accordance with the trash provider’s requirements and schedule. It is the Tenant’s responsibility to place the bins on the curb for Building Utilitiesproper pick-up in accordance with the trash service provider’s schedule. All trash receptacles shall be placed inside the garage or at the rear of the property except for the designated trash pick-up day. Tenant shall dispose of any extraordinary household trash such as damaged furniture and the like, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility providercompacting it so that it will fit inside their trash receptacle, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities by hauling it to the Building dump, or by making prior arrangements with the trash service provider in advance, at Tenant’s expense. Third party services may be contracted at Landlord’s sole discretion to remove any item which prohibits routine and timely trash removal by the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility trash service provider, or violates any taxesCity Ordinance, penaltiesthe cost of which shall be Tenant’s responsibility. Tenant is responsible for cleaning up, surcharges disposing of, or similar hauling away any tree limbs, leaves and branches that may fall into the yard, or any newspapers whether or not the Tenant has a subscription. Any charges thereonwhich exceed the flat rate will be at Tenant’s expense and due upon receipt. Internet, phone and cable are optional at Tenant’s expense. Satellite dishes may never be installed anywhere on Premises without prior written consent by Landlord and may never be placed on the roof or siding of any structure. Landlord reserves the right to remove and dispose of immediately and without notice, without recourse, any satellite dish found installed without prior written authorization. Tenant shall reimburse Landlord not allow any utility for which Tenant is responsible to become delinquent or be disconnected for any reason until the expiration of this Lease. Failure of Tenant to place or keep the utilities noted above in Tenant’s name prior to or on the Commencement Date, and during Lease term, and keep utility account in good standing, will result in a $25.00 service fee, per billing or notice received by Landlord, payable to Landlord, in addition to the utility ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)▇ and related charges. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance of doubt, Tenant shall be responsible for obtaining and paying any damages arising from the disconnection of the utilities that are their responsibility including any disconnect or reconnect fees. Landlord shall not be liable for its own janitorial services, and refuse and trash collection services for the Premises. Utilities shall be available to the Premises 24 hours per day, 7 days per week, except in the case any disruption of emergencies, as the result of Legal Requirements, the failure service of any Utility provider to provide such Utilities, the performance by any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such schedulingutility.

Utilities, Services. (a) Tenant Sublandlord shall contract directly have no obligation to provide to the Subleased Premises with utility providers for all water, electricity, heat, light, power, sewer, and other any services or utilities (including gas and fire sprinklers without limitation telephone or internet services). Notwithstanding the foregoing, to the extent that utilities serving the Building is plumbed Subleased Premises (excluding telephone and internet) are not separately metered, Sublandlord shall establish an account for such services), janitorial, utilities and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the Term. Tenant Subtenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Building during the Term (the “Building Utilities”) and shall pay for all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities to the Building and the Project. Landlord shall paySublandlord, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)additional rent hereunder, for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇Subtenant’s Share of the cost of such Project utilities (such utilities are referred to herein as “Sublandlord-Provided Utilities”). Sublandlord shall not be responsible or liable in any way for any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any way excuse Subtenant’s performance under this Sublease or entitle Subtenant to any abatement of Rent, unless such failure is a result of Sublandlord’s gross negligence or willful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with Master Landlord to restore such interrupted utilities and services. Subtenant shall pay to Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to pay to Master Landlord or any service provider arising out of excess consumption by Subtenant or a request by Subtenant for additional building services (e.g., charges associated with after-hours HVAC usage and over-standard electrical charges). Notwithstanding anything to the contrary in this Sublease or the Master Lease, Subtenant agrees that Sublandlord shall not be required to perform any of the covenants, agreements or obligations of Master Landlord under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Master Landlord, Sublandlord’s obligation shall be to use commercially reasonable efforts to cause Master Landlord to so perform (but Sublandlord shall not be required to file a legal action to so enforce such matter). Notwithstanding the foregoing, should Sublandlord’s negligent acts or willful misconduct result in any interruption, cessation or disturbance in the provision of Subtenant-Provided Utilities as part to the Subleased Premises that materially impairs Subtenant’s use and occupancy of Operating Expenses the Subleased Premises, such that Subtenant is prevented from using, and does not use the Subleased Premises or any portion thereof, for more than three (except 3) consecutive days, commencing on the fourth (4th) day after the commencement of such interruption, cessation or disturbance, the Rent payable hereunder by Subtenant shall ▇▇▇▇▇ during such time that Subtenant continues to be so prevented from using, and does not use, the Subleased Premises or a portion thereof, in the proportion that the square feet of the portion of the Subleased Premises that Subtenant is prevented from using, and does not use, bears to the total square feet of the Subleased Premises; provided, however, that Subtenant shall not be entitled to abatement or reduction of Rent to the extent the cost thereof is excluded matters described in this sentence above arise out of or results from Operating Expenses a matter outside of Sublandlord’s reasonable control. To the extent Subtenant shall be entitled to abatement of Rent because of a damage or destruction or a taking pursuant to Section 5 hereof). No interruption or failure 29 below, then the terms of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance of doubt, Tenant prior sentence shall not be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. Utilities 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 any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such schedulingapplicable.

Utilities, Services. (a) Landlord shall be responsible for the payment of the following utilities/services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall contract directly with utility providers be responsible for all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers the payment of the following utilities/services delivered to the extent the Building is plumbed for such services), janitorial, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the Term. leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall pay directly have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to such Utility providers prior to delinquency for all such Utilities furnished Landlord during this tenancy will be charged back to Tenant or the Building during the Term (the “Building Utilities”) and shall pay be due for all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereonreimbursement upon receipt of invoice from Landlord. Landlord shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities to If after the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilitiesfirst billing period, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇’s Share ▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the cost negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such Project Utilities as part of Operating Expenses (except loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof). No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement utilities due to non-payment of Rentbills by Tenant. For the avoidance Tenant has an obligation to notify Landlord prior to any interruption of doubt, Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for utility service to the Premises. Utilities Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be available at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the Premises 24 hours per day, 7 days per week, except rent payment. No keys will be issued to Tenant until the appropriate services are put in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business name and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such schedulingverified by Landlord. a. HVAC filter / maintenance reduction program

Utilities, Services. (a) Tenant shall contract directly with utility providers for all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Building Project is plumbed for such services), janitorial, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Building Project during the Term (the “Building Utilities”) and shall Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities to the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to To the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)that any Utilities, for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. are paid for by Landlord, Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities costs as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as otherwise expressly provided in the immediately following paragraphdefined below), the abatement of Rent. For the avoidance of doubt, Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. Utilities shall be available Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises 24 hours per day, 7 days per week, except shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the case part of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by any Utility provider of any installation, maintenance or repairs, Tenant or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, Tenant Party or any other temporary interruptions, Landlord shall use matter beyond Landlord’s reasonable efforts control (any such stoppage of an Essential Service being hereinafter referred to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such scheduling.as a “Service Net Laboratory 3013 Science Park/The Medicines Company - Page 35

Utilities, Services. (a) Tenant shall contract be solely responsible for and promptly pay directly with utility providers to the companies providing same, all charges for all waterheat, water and sewer, gas, electricity, heatair conditioning or any other utility used or consumed in the Leased Premises from and after the date possession of the Premises are delivered to Tenant, lightand, power, except for the water and sewer, and other Landlord represents to Tenant that, all such utilities (including gas and fire sprinklers for Tenant are currently separately metered to the extent Premises. The charges for water and sewer shall be included in Operating Costs. Tenant covenants and agrees that at all times its use of any of the utility services shall never exceed the capacity of the mains, ducts and conduits bringing utility services to the Building is plumbed for such services), janitorial, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the TermPremises. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Building during the Term (the “Building Utilities”) and shall pay for all any necessary maintenance charges for Building Utilitiesutility services provided to the Premises, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall pay at its cost (and not as an Operating Expense) furnish all connection charges and meter fees for all Utilities to the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities replacement electric lighting bulbs and tubes for the Premises. Except as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to otherwise set forth in this Section 5 hereof). No 4.5, in no event shall Landlord be liable for any interruption or failure of Utilitiesutility services and/or any other building services for Tenant, from any cause whatsoever and/or for the Premises. Notwithstanding anything contained in this Lease to the contrary, in the event Landlord shall fail to provide the services Landlord is required to provide to Tenant under this Lease, or otherwise comply with its obligations under Section 7.2 (collectively, a “Service Failure”) as a result of Landlord’s negligent acts or omissions, other than Landlord’s willful misconduct, shall as a result in eviction or constructive eviction of Tenant’s and/or Tenant’s agents, termination employees, and contractors acts or omissions, and as a result thereof, Tenant is reasonably unable to use or conduct Tenant’s operations on part or all of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance of doubtPremises for more than an five (5) business days, Tenant shall be responsible entitled to proportionate abatement of rent for obtaining and paying for the period Tenant is reasonably unable to use or conduct its own janitorial services, and refuse and trash collection services for operations in part or all of the Premises. Utilities shall be available to If the Premises 24 hours per day, 7 days per week, except in the case of emergencies, as the Service Failure is a result of Legal RequirementsLandlord’s negligent act or omission, the failure of any Utility provider to provide such Utilities, the performance by any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for have the extra costs imposed for right to terminate this Lease if Landlord fails or is unable to restore such schedulingservices within sixty (60) days from the date of interruption, and notice thereof from Tenant, and Tenant is reasonably unable to use or conduct its operations in a substantial part or all of the Premises.

Utilities, Services. (a) Tenant Landlord shall contract directly with utility providers for all provide, subject to the terms of this Section 11, potable water, electricity, heatHVAC, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Building Project is plumbed for such services), janitorialand, and with respect to the Common Areas only, refuse and trash collection and janitorial services (collectively, “Utilities”) required and/or utilized by Tenant during the Term). Tenant Landlord shall pay directly pay, as Operating Expenses or subject to such Utility providers prior to delinquency Tenant’s reimbursement obligation, for all such Utilities furnished to Tenant or used on the Building during the Term (the “Building Utilities”) and shall pay for Premises, all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at Landlord’s expense (except to the extent necessary as a result of Tenant’s disproportionate usage of Utilities), any Utilities not otherwise separately metered as part of the Tenant Improvements to be separately metered or charged directly to Tenant by the provider. Tenant shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities directly to the Building Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the ProjectPremises during the Term. Landlord Tenant shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Expenses, for its share of all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilitiesjointly metered Utilities based upon consumption, as reasonably determined by Landlord. Landlord’s charge(s) for utilities shall not include any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges markup thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof). No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance Tenant agrees to limit use of doubt, water and sewer with respect to Common Areas to normal restroom use. Tenant shall be responsible during the Term for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. Utilities 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 739171641.8 Net Multi-Tenant Laboratory 825 Industrial/Suites 100A & 200B/Codexis - Page 13 Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such scheduling.

Utilities, Services. (a) Tenant shall contract be solely responsible for and promptly pay directly with utility providers to the companies providing same, all charges for all waterheat, water and sewer, gas, electricity, heatair conditioning or any other utility used or consumed in the Leased Premises from and after the date possession of the Premises are delivered to Tenant, lightand, power, except for the water and sewer, and other Landlord represents to Tenant that, all such utilities (including gas and fire sprinklers for Tenant are currently separately metered to the extent Premises. The charges for water and sewer shall be included in Operating Costs. Tenant covenants and agrees that at all times its use of any of the utility services shall never exceed the capacity of the mains, ducts and conduits bringing utility services to the Building is plumbed for such services), janitorial, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the TermPremises. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Building during the Term (the “Building Utilities”) and shall pay for all any necessary maintenance charges for Building Utilitiesutility services provided to the Premises, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall pay at its cost (and not as an Operating Expense) furnish all connection charges and meter fees for all Utilities to the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities replacement electric lighting bulbs and tubes for the Premises. Except as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to otherwise set forth in this Section 5 hereof). No 4.5, in no event shall Landlord be liable for any interruption or failure of Utilitiesutility services and/or any other building services for Tenant, from any cause whatsoever and/or for the Premises. Notwithstanding anything contained in this Lease to the contrary, in the event Landlord shall fail to provide the services Landlord is required to provide to Tenant under this Lease, or otherwise comply with its obligations under Section 7.2 (collectively, a “Service Failure”) as a result of Landlord’s negligent acts or omissions, other than Landlord’s willful misconduct, shall as a result in eviction or constructive eviction of Tenant’s and/or Tenant’s agents, termination employees, and contractors acts or omissions, and as a result thereof, Tenant is reasonably unable to use or conduct Tenant’s operations on part or all of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance of doubtPremises for more than five (5) business days, Tenant shall be responsible entitled to proportionate abatement of rent for obtaining and paying for the period Tenant is reasonably unable to use or conduct its own janitorial services, and refuse and trash collection services for operations in part or all of the Premises. Utilities shall be available to If the Premises 24 hours per day, 7 days per week, except in the case of emergencies, as the Service Failure is a result of Legal RequirementsLandlord’s negligent act or omission, the failure of any Utility provider to provide such Utilities, the performance by any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for have the extra costs imposed for right to terminate this Lease if Landlord fails or is unable to restore such schedulingservices within sixty (60) days from the date of interruption, and notice thereof from Tenant, and Tenant is reasonably unable to use or conduct its operations in a substantial part or all of the Premises.

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, potable water (a) Tenant shall contract directly with utility providers for all waterwithin 60 days after full execution of this Lease), electricity, heat, ventilation, air conditioning, light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the Building Project is plumbed for such services), janitorial, and refuse and trash collection and janitorial services (collectively, “Utilities”) required and/or utilized ). Any use by Tenant during of Utilities shall be allocated to and paid by Tenant on such basis as Landlord shall determine for the TermProject. Tenant shall pay directly be entitled to such Utility providers prior use its pro rata share of Utilities. Landlord shall pay, as Operating Expenses or subject to delinquency Tenant’s reimbursement obligation, for all such Utilities furnished to Tenant or used on the Building during the Term (the “Building Utilities”) and shall pay for Premises, all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority governmental entity or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at Tenant’s expense, any Utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities directly to the Building Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the ProjectPremises during the Term. Landlord Tenant shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Expenses, for its share of all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilitiesjointly metered Utilities based upon consumption, any storm sewer charges or other similar charges for Project Utilities imposed as reasonably determined by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant Landlord and shall reimburse Landlord for ▇▇▇▇▇▇’s Share of pay the cost of such Project any after hours Utilities as part of Operating Expenses (except allocated to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)it by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, or the abatement of Rent. For Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. If there is any interruption, failure, stoppage or interference of the avoidance of doubtutilities, Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. Utilities shall be available or access to the Premises 24 hours per day, 7 days per week, except in or the case of emergencies, as Premises cannot be used due to the result of Legal Requirements, the failure presence of any Utility provider Hazardous Materials on or about the Building or the Project (except to provide the extent released or emitted in violation of Section 30 hereof), and such Utilities, the performance by any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hoursinterruption continues for seven (7) consecutive calendar days, then Tenant shall be responsible entitled to an equitable abatement of Rent to the extent of the interference with Tenant’ s use of the Premises occasioned thereby. Landlord’s sole obligation for either providing emergency generators or providing emergency backup power to Tenant shall be: (i) to provide emergency generators with not less than the extra costs imposed for such schedulingcapacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power.

Utilities, Services. (a) Tenant shall contract directly with utility providers pay for all water, gas, electricity, heat, light, power, sewer, trash collection and removal, janitorial supplies and services, telecommunications, data and any other utilities or services used on or provided to the Building and/or the Exterior Areas. Tenant shall obtain all utilities and services in Tenant’s own name and timely pay for the costs therefor directly to the respective utility and/or service provider. Notwithstanding the foregoing, if a utility cannot be obtained in Tenant’s own name (including gas and fire sprinklers e.g., because the utility (such as water or sewer) must be in the name of the owner of the Building), then Landlord shall retain any such utility in Landlord’s own name, in which event Tenant (at Landlord’s option) shall either pay for the costs therefor (i) directly to Landlord (outside of Operating Expenses), as Additional Rent, within 30 days after being billed, or (ii) through Operating Expenses. The cost of any utility or service supplied to the Exterior Areas shall be included in Operating Expenses to the extent the Building is plumbed for such services), janitorial, permitted under this Lease. All utility and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the Term. Tenant service costs shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Building during the Term (the “Building Utilities”) and shall pay for all maintenance charges for Building Utilities, and include any storm sewer charges taxes or other similar customary charges for Building Utilities imposed in connection therewith by any Governmental Authority the utility or Utility service provider, and any taxes, penalties, surcharges supplier or similar charges thereongovernmental authority having jurisdiction. Landlord shall pay not be responsible or liable for any interruption in utilities or services, or for any injury to property caused thereby, nor shall such interruption affect the continuation or validity of this Lease, give rise to an abatement or relieve Tenant from full performance of Tenant’s obligations under this Lease, except pursuant to Applicable Laws. Notwithstanding the foregoing, except for events related to Force Majeure, in the event that any utility is not delivered for a period in excess of 3 consecutive business days, and as a result of such circumstance any portion of the Premises is rendered untenantable (including inability to access the Premises or the Building), Rent shall ▇▇▇▇▇ for the duration of such circumstance until the Premises is again tenantable or Tenant conducts business in the Premises or the affected portion thereof, as applicable. Notwithstanding the foregoing, subject to Section 16 below, and except for events related to the acts or omissions of Tenant and/or any Tenant Party, in the event that any utility is not delivered for a period in excess of 180 consecutive days, and as a result of such circumstance 20% or more of the Premises are rendered untenantable, then Tenant, at any time thereafter prior to the date the Premises or the affected portion thereof, as applicable, is again tenantable or Tenant conducts business in the Premises or the affected portion thereof, as applicable, shall have the right to terminate this Lease by giving Landlord prior written notice thereof, in which event this Lease shall automatically terminate and the parties shall be released from any further obligations or liabilities under this Lease, except for such obligations or liabilities set forth herein that expressly survive the termination of this Lease. In the event that any utility is not being delivered to the Premises and as a result of such circumstance any portion of the Premises is rendered untenantable (including inability to access the Premises or the Building), Landlord shall use commercially reasonable efforts, under the circumstances, to cause the interrupted utility to the Premises to be restored as soon as reasonably practicable. Landlord shall have the exclusive right to select, and, upon 30 days prior written notice to Tenant, to change, the companies providing such utilities or services to the Building or the Premises; provided, however, that (i) the rates for such utilities or services are commercially reasonable, (ii) such change is without unreasonable diminution in quantity or quality of services, and (iii) Tenant may select its own telecommunication and data services provider (provided, however, that if such telecommunication and/or data services provider is not then serving the Building, then Tenant, at its sole cost (and not as an Operating Expense) all connection charges and meter fees expense, is responsible for all Utilities bringing connectivity of any such provider to the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Premises in compliance with Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof). No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination 13 of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance of doubt, Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. Utilities 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 any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such schedulingLease).

Utilities, Services. (a) Tenant The hours of operation of the Building are 6:00 a.m. to 6:00 p.m., Monday through Friday, legal holidays excepted. During such periods, Landlord shall contract directly with utility providers for all provide, subject to the terms of this Section 11, water, electricity, heatHVAC, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Building Project is plumbed for such services), janitorial, and refuse and trash collection and janitorial services (collectively, “Utilities”) required and/or utilized by ). Upon reasonable advance notice from Tenant during to Landlord, Landlord shall make available after hours HVAC or ventilation. Commencing on the Term. Commencement Date, Tenant shall be required to pay directly to Landlord a fee at the rate of $266.97 per operating hour for providing such Utility providers prior after-hours HVAC and $126.63 per operating hour for providing such after-hours ventilation, which fees may be amended by Landlord from time to delinquency time upon reasonable advance written notice to Tenant. The minimum use of after-hours HVAC shall be determined by Landlord and may thereafter be amended by Landlord as the same may change from time to time upon reasonable advance notice to Tenant. Landlord shall pay, as Operating Expenses or subject to ▇▇▇▇▇▇’s reimbursement obligation below, for all such Utilities furnished to Tenant or used on the Building during the Term (the “Building Utilities”) and shall pay for Premises, all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at Tenant’s expense, any Utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities directly to the Building Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the ProjectPremises during the Term. Landlord Tenant shall pay, as part of Excess Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Expenses, for its share of all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilitiesjointly metered Utilities based upon consumption, any storm sewer charges or other similar charges for Project Utilities imposed as reasonably determined by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof)Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconductwhatsoever, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Notwithstanding anything to the avoidance contrary set forth herein, if (i) a stoppage of doubt, Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. Utilities shall be available an Essential Service (as defined below) to the Premises 24 hours per dayshall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service Interruption”), 7 and (ii) such Service Interruption continues for more than 3 consecutive business days per weekafter Landlord shall have received written notice thereof from Tenant, except in the case of emergencies, and (iii) as the a result of Legal Requirementssuch Service Interruption, the failure conduct of any Utility provider to provide such Utilities, the performance by any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Net Multi-Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such scheduling.Office/Laboratory 611 Gateway – Suite 740/Spruce Bio - Page 12

Utilities, Services. (a) Tenant shall contract directly with utility providers for all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Building is plumbed for such services), janitorial, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Building during the Term (the “Building Utilities”) and shall pay for all maintenance charges utility services furnished for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities to the Building and operation of the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereonPremises. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except apply to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof). No interruption applicable utility company or failure of Utilitiesmunicipality for gas, from any cause whatsoever electricity, telephone and all other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided utility services required by Tenant for use in the immediately following paragraph, the abatement of Rent. For the avoidance of doubt, Tenant shall be responsible for obtaining and paying for its own janitorial servicesPremises, and refuse and trash collection services for the Premises. Utilities 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 any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed connection and installation of same. In the event that any such utilities are provided to Tenant in common with other tenants in the Building and not metered directly to Tenant, Tenant agrees to pay Landlord for such schedulingutility usage based upon Landlord’s allocation of such utility usage among such tenants, including Tenant. In the event Tenant fails to pay any utility ▇▇▇▇ within forty-five (45) days after the due date, Landlord may but shall not be obligated to pay such bills (without any duty to investigate the validity thereof). in which event Tenant shall immediately reimburse Landlord for the amount paid by Landlord plus interest at the default interest rate set forth in this lease. Landlord shall not provide any janitorial service to the Premises. Tenant shall be responsible, at its sole cost and expense, for providing janitorial service to the Premises on a daily basis, or alternatively, securing a janitorial service contract for the Premises which is reasonably acceptable to Landlord. Tenant shall have the right to 24/7 365 Day access to the Premises. Landlord shall clear sidewalks and Parking areas of snow and debris as Landlord deems reasonably necessary. Landlord shall properly maintain the exterior lighting from Premises office doors to the parking lot. Tenant agrees that Landlord and its agents shall not be liable in damages. by abatement of Rent or otherwise, for any failure of Tenant to secure gas, electrical or other utility services from local utilities. Tenant further agrees that Landlord and its agents shall not be liable in damages, by abatement of Rent or otherwise, for Landlord’s failure to furnish or delay in furnishing any service which Landlord is obligated to provide pursuant to the terms and provisions of this lease, or for Landlord’s failure to perform or delay in performing any other obligation required to be performed by Landlord under this lease or by operation of law, when such failure or delay is occasioned, in whole or in part, by repairs, renewals or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by the act or default of Tenant or other parties, or by any cause beyond the reasonable control of Landlord; and such failures or delays, or the nonexistence of any utility, whether occasioned by Landlord or some third party, shall never be deemed to constitute an eviction or disturbance of the Tenant’s use and possession of the Premises or relieve the Tenant from paying Rent or performing any of its obligations under this lease. Tenant will look to its own business interruption insurance for any losses or damages arising from such interruptions. Tenant agrees to cooperate fully. at all times, with Landlord in abiding by all reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of all utilities and services reasonably necessary for the operation of the Premises and the Building. Landlord, throughout the term of this lease, shall have free access to any and all mechanical installations, and Tenant agrees that there shall be no construction or partitions or other obstructions which might interfere with the moving of the servicing equipment of Landlord to or from the enclosures containing said installations, provided that Landlord gives Tenant at least 24 hour’s advance notice of such access (except in cases of emergency), and that such access does not interfere with the conduct of Tenant’s business. Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time tamper with, adjust or otherwise in any manner affect Landlord’s mechanical installations.

Utilities, Services. Sublandlord shall have no obligation to provide to the Subleased Premises any services or utilities (aincluding without limitation telephone or internet services) Tenant of any kind and shall have no liability for any interruption in utilities or services to the Subleased Premises; provided, however, that to the extent Sublandlord provides any services or utilities to the Subleased Premises, Subtenant shall pay to Sublandlord (upon receipt of invoice) any reasonable amounts necessary to reimburse or compensate Sublandlord for providing such services (all as reasonably determined by Sublandlord). Sublandlord shall not be responsible or liable in any way for any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any way excuse Subtenant’s performance under this Sublease or entitle Subtenant to any abatement of rent or other charge, unless such failure is a result of Sublandlord’s gross negligence or willful misconduct or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with utility providers for all water, electricity, heat, light, power, sewer, Master Landlord to restore such interrupted utilities and other utilities (including gas and fire sprinklers to the extent the Building is plumbed for such services), janitorial, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the Term. Tenant Subtenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Building during the Term (the “Building Utilities”) and shall pay for all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall pay at its cost (and not Sublandlord as an Operating Expense) all connection charges and meter fees for all Utilities to the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and Rent hereunder any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, sums which Sublandlord may be required to pay to Master Landlord or any taxesservice provider arising out of excess consumption by Subtenant or a request by Subtenant for additional building services (e.g., penaltiescharges associated with after-hours HVAC usage and over-standard electrical charges). Notwithstanding anything to the contrary in this Sublease or the Master Lease, surcharges Subtenant agrees that Sublandlord shall not be required to perform any of the covenants, agreements or similar charges thereon. Tenant shall reimburse obligations of Master Landlord under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Master Landlord thereunder, Subtenant acknowledges and agrees that Subtenant will look solely to Master Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof). No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance of doubt, Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. Utilities 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 any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such schedulingperformance.

Utilities, Services. (a) Tenant shall contract directly with utility providers for all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Building is plumbed for such services), janitorial, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Building during the Term (the “Building Utilities”) and shall pay for all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall pay at its cost (and not as an Operating Expense) all connection charges and meter fees for all Utilities to the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, or any taxes, penalties, surcharges or similar charges thereon. Tenant shall reimburse Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof). No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance of doubt, Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection the payment of the following utilities/services for the Premises. Utilities 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 any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the extra costs imposed payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name Landlord reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such schedulingservice(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. Tenant further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by Tenant. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.

Utilities, Services. Sublandlord shall have no obligation to provide to the Subleased Premises with any services or utilities (aincluding, without limitation, telephone or internet services) Tenant of any kind and shall have no liability for any interruption in utilities or services to the Subleased Premises; provided, however, that to the extent Sublandlord provides any services or utilities to the Subleased Premises, Subtenant shall pay to Sublandlord (upon receipt of invoice) any reasonable amounts necessary to reimburse or compensate Sublandlord for providing such services. Sublandlord shall not be responsible or liable in any way for any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any way excuse Subtenant’s performance under this Sublease or entitle Subtenant to any abatement of Rent, unless such failure is a result of Sublandlord’s negligence or willful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with utility providers for all water, electricity, heat, light, power, sewer, Master Landlord to restore such interrupted utilities and other utilities (including gas and fire sprinklers to the extent the Building is plumbed for such services), janitorial, and refuse and trash collection (“Utilities”) required and/or utilized by Tenant during the Term. Tenant Subtenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Building during the Term (the “Building Utilities”) and shall pay for all maintenance charges for Building Utilities, and any storm sewer charges or other similar charges for Building Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall pay at its cost (and not Sublandlord as an Operating Expense) all connection charges and meter fees for all Utilities to the Building and the Project. Landlord shall pay, as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof), for all Utilities to the Common Areas (“Project Utilities”), and Rent hereunder any and all maintenance charges for Project Utilities, any storm sewer charges or other similar charges for Project Utilities imposed by any Governmental Authority or Project Utility provider, sums which Sublandlord may be required to pay to Master Landlord or any taxesservice provider arising out of excess consumption by Subtenant or a request by Subtenant for additional building services (e.g., penaltiescharges associated with after-hours HVAC usage and over-standard electrical charges). Notwithstanding anything to the contrary in this Sublease or the Master Lease, surcharges Subtenant agrees that Sublandlord shall not be required to perform any of the covenants, agreements or similar charges thereon. Tenant shall reimburse obligations of Master Landlord under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Master Landlord thereunder, Subtenant acknowledges and agrees that Subtenant will look solely to Master Landlord for ▇▇▇▇▇▇’s Share of the cost of such Project Utilities as part of Operating Expenses (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Section 5 hereof). No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as otherwise expressly provided in the immediately following paragraph, the abatement of Rent. For the avoidance of doubt, Tenant shall be responsible for obtaining and paying for its own janitorial services, and refuse and trash collection services for the Premises. Utilities 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 any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. For clarity, during the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, Landlord shall use reasonable efforts to perform such work at such times and in such manner such that is intended to minimize the interference on Tenant’s business and its ability to utilize the Utilities in the Premises during normal business hours, provided that if Tenant requests that such work be scheduled to occur outside of business hours, then Tenant shall be responsible for the extra costs imposed for such schedulingperformance.