Common use of Utilities Clause in Contracts

Utilities. Tenant shall pay the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunder.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the cost of Lease Term and prior to delinquency all charges for water, gas, light, heat, light, power, sewerelectricity, telephonetelephone or other communication service, refuse disposaljanitorial service, trash pick-up, sewer and all other utilities and services supplied to or consumed on the PremisesPremises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall make payments arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to , the Premises, Landlord cost of such Services shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, be an Operating Expense and such other factors as Landlord deems relevant. Tenant shall pay its equitable such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such utilities Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to Landlordany cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the extent such obligation exceeds any amount thereof impounded under Section 4.5contrary notwithstanding, within fifteen Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (1548) days after receipt of a statement from Landlord. If at any time consecutive hours during the Lease Term, electrical power or any other utility is available then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with (as reasonably determined by Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and Tenant) following such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no forty-eight (48) hour period until such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderServices are restored.

Utilities. Tenant shall pay pay, prior to delinquency and throughout the cost of Lease Term, all charges for water, gas, heatheating, lightventilation, powerair conditioning, cooling, sewer, telephone, refuse disposalelectricity, garbage, janitorial service, landscaping and all other services and utilities and services supplied to the Premises. Tenant shall make payments for all , including Tenant’s Share of any such services or utilities which are not separately metered utilities, when due, directly for or billed to the appropriate supplierPremises. Landlord shall have the right to require Tenant to installmay, at Tenant’s sole expense, separate meters install devices which separately meter Tenant’s consumption of utilities. All charges for utilities and services which are separately metered to the Premises or which are provided directly to Tenant or the Premises by utility companies or third party providers shall not be included in Operating Expenses and shall be paid directly by Tenant to such utility companies or third party providers prior to delinquency, or, to the extent Landlord is billed for such utilities, to Landlord within thirty (or other submeter, device or monitor 30) days of receipt of notice and the relevant invoices from Landlord. All charges for utilities and services for the measurement sole benefit of Tenant or the Premises which are billed to and paid by Landlord directly shall be paid by Tenant to Landlord within thirty (30) days after receipt of an invoice therefor or, at Landlord’s option and in its sole discretion, Landlord may estimate such charges and include such estimate in Landlord’s Estimate, in which event they shall be payable monthly by Tenant to Landlord along with other estimated Operating Expenses, subject to reconciliation annually as described in Section 4.05(c). All other charges for utilities and services shall be recoverable by Landlord to the extent provided in Article IV. The disruption, failure, lack or shortage of any service or utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored provided by Landlord with respect to the Premises, Landlord the Building or the Project due to any cause whatsoever shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity not affect any obligation of use of any Utility, hours of operationTenant hereunder, and such other factors as Landlord deems relevant. Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rent due hereunder, all without diminution, credit or deduction; provided, however, if such disruption, failure, lack or shortage is caused by Landlord’s failure to observe or perform its equitable share of such utilities to Landlordobligations hereunder, to the extent such obligation exceeds any amount thereof impounded under Section 4.5then, within fifteen three (153) days Business Days after receipt of a statement written notice from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sourcesTenant specifying such failure, Landlord shall have initiate the right at anytime cure of such failure and thereafter shall diligently prosecute said cure to completion. Notwithstanding the foregoing, if (i) any interruption or cessation of utilities results solely from time to time to contract for service from any company the gross negligence or companies providing electrical, telecommunicationintentional or willful misconduct of Landlord, or other utility service to the Building. Tenant shall cooperate with Landlord its employees, agents or contractors, and all providers (ii) any loss of electricalrevenues resulting therefrom is not covered by business interruption insurance carried by Tenant, telecommunicationthen, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to if the Premises are not usable by Tenant for the conduct of Tenant’s business as a result of such interruption, and to the electric lines, feeders, risers, wiring and any other machinery or equipment within Tenant therefore actually ceases its business operations in the Premises, Base Rent and Additional Rent shall be abated for the period that commences on the fifth (5th) consecutive Business Day after the date of such interruption until such utilities are restored. Landlord If the entire Premises have not been rendered untenantable by such interruption or cessation of services or utilities, the amount of abatement shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderequitably prorated.

Utilities. Tenant shall pay the cost of all charges for water, sewer, gas, heatelectricity and other utilities or like services used or consumed on the Premises (each, light, power, sewer, telephone, refuse disposala “Utility Service” and collectively the “Utility Services”), and used or consumed by all mechanical equipment serving the Premises, wherever located, whether called use charge, tax, assessment, fee or otherwise as the same become due. It is understood and agreed that Landlord shall be responsible for bringing each Utility Service described in the Base Building Work to a common switching point(s) at the Building as shown on the Base Building Work Plans (as defined in the Work Letter)(collectively, the “Utility Switching Points”). As part of the Base Building Work, Landlord shall install a direct meter to measure electricity serving the Premises and, with respect to all other Utility Services being installed as Base Building Work, a direct, sub- or “check” meter for measuring Tenant’s consumption of such Utility Service. Tenant shall pay all costs and expenses associated with any separately metered utilities (such as electricity and services supplied telephone) directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on a check- or sub-metering metering installation, based on Landlord’s reading of such meters, directly to Landlord at the same rate paid by Landlord to the provider thereof. Additional Rent for any check- or sub-metered utilities may be reasonably estimated monthly by Landlord, based on actual readings of sub — and “check” meters where applicable, and shall be paid monthly by Tenant within thirty (30) days after being billed with a final accounting based upon actual bills received from the utility providers following the conclusion of each fiscal year of the Building. Tenant shall pay for any and all costs to install and connect Utility Services from the Utility Switching Points to the Premises. Tenant Landlord shall make payments for all separately metered utilities, when due, directly be under no obligation as to any Utility Services beyond the foregoing responsibility to bring such Utility Services to the appropriate supplier. Utility Switching Points and as required in the completion of the Finish Work and Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) not be liable for any utility for which a separate meter is not installed as interruption or failure in the supply of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the PremisesUtility Services, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, except to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlordexpressly set forth below. If at any time during To the Lease Term, electrical power or any other utility is available to the Premises from multiple sourcesextent permitted by law, Landlord shall have the right at anytime any time and from time to time during the Term to contract for service or purchase one or more Utility Services not being obtained directly by Tenant from any company or companies third party providing electricalUtility Services (“Utility Service Provider”), telecommunicationsubject to Tenant approval of the proposed Utility Service Provider, such approval not to be unreasonably withheld, conditioned or other utility service delayed, and provided that such alternate Utility Service Provider shall be retained on market terms and conditions. In requesting Tenant consent to a proposed Utility Service Provider, Landlord shall provide Tenant with reasonable documentation regarding the Buildingproposed contract to permit Tenant to determine whether such terms meet the foregoing standard. The parties acknowledge that, initially, the only Utility Services not being obtained directly by Tenant are water, sewer and gas, and the City of Boston and Boston Gas Company are the approved initial providers of such respective Utility Services. Provided there shall be no unreasonable interference with Tenant’s operations within the Premises, Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all providers of electrical, telecommunication, or other utility service and, times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and such providers the Utility Service Providers reasonable access to the Premises and to the electric any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or equipment personal property within the PremisesPremises and associated with the delivery of Utility Services. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises[***]. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunder[***].

Utilities. Tenant shall contract directly and pay the cost of for all water, gas, heat, light, power, telephone, sewer, telephone, refuse disposal, sprinkler charges and all other utilities and services supplied used on or from the Premises together with any taxes, penalties, surcharges or similar charges relating to the Premises. Tenant shall make payments for all separately metered such utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are such service is not separately metered or monitored with respect to the Premises, the cost therefor shall be billed by Landlord to Tenant as a part of Tenant's share of Operating Costs, provided that the cost of electric current for lights and convenience outlets shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operationbe billed by Landlord to Tenant separately from, and in addition to, Operating Costs. Landlord estimates that the present cost of electric current for lights and convenience outlets only shall be $1.00 per square foot. Landlord makes no warranty or representation that such other factors cost will not increase during the Term due to increases in electric rates or electricity consumption, as Landlord deems relevantthe case may be. HVAC service shall be provided to the Premises Monday through Friday (excluding holidays) from 8:00 a.m. to 6:00 p.m. and Saturdays (excluding holidays) from 8:00 a.m. to 12:00 noon. If Tenant shall require after-hours HVAC, Tenant may request such service by notifying Landlord's Manager not later than 11:00 a.m. of the day prior to the day on which such after-hours service shall be needed, and not later than 2:00 p.m. on the Thursday preceding any weekend for which such after-hours service shall be needed reasonably estimating the number of hours required for such after-hours service. Tenant shall pay its equitable share of for such utilities to additional HVAC service at Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and 's hourly rate in effect from time to time to contract for service from any company or companies providing electricaltime, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, fee schedule initially in effect being attached as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirementsExhibit E, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations pay all charges therefor when and as billed by Landlord. Such charges shall be deemed Additional Rent under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunder.

Utilities. (a) Commencing on the Commencement Date, and continuing throughout the Term, Tenant shall pay for utility services as follows without setoff, deduction, or counterclaim: (i) Tenant shall pay directly to the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other applicable utility service provider for any utilities and services supplied that are separately metered to the Premises; (ii) Tenant shall pay Landlord as Additional Rent for any utilities that are separately submetered to the Premises based upon Tenant’s submetered usage, as well as for any maintenance and replacement costs associated with such submeters; (iii) Tenant shall pay Landlord as Additional Rent for its proportionate share of any utilities serving the Premises that are not separately metered or submetered based upon its share of the area served by the applicable meter or submeter; and (iv) Tenant shall pay Landlord as Additional Rent for Tenant’s Share of all utilities serving the Project, excluding the costs of utilities that are directly metered or submetered to Building tenants or paid separately by such tenants (“Project Utility Costs”). As of the date hereof, to Landlord’s actual knowledge, but without prejudice to Landlord’s right to make modifications from time to time: • Electric for the Premises is paid per proportionate share and paid per subsection (iii) above. • Gas for the Premises is not provided at this time. • Water/Sewer for the Premises is paid per proportionate share and paid per subsection (iii) above. • Oil for the Premises is not provided at this time. Notwithstanding anything to the contrary in this Lease, Landlord shall have the right to install meters, submeters, or other energy-reducing systems in the Premises at any time to measure any or all utilities serving the Premises, the costs of which shall be included in Project Expenses. For those utilities set forth in subsections (ii) – (iv) above, Landlord shall have the right to estimate the utility charge, which estimated amount shall be payable to Landlord within 20 days after receipt of an invoice therefor and may be included along with the invoice for Project Expenses, provided Landlord shall be required to reconcile on an annual basis based on utility invoices received for such period. The cost of utilities payable by Tenant under this Section shall include all applicable taxes and Landlord’s then-current charges for reading the applicable meters, provided Landlord shall have the right to engage a third party to read the submeters, and Tenant shall reimburse Landlord for both the utilities consumed as evidenced by the meters plus the costs for reading the meters within 20 days after receipt of an invoice therefor. Tenant shall make payments pay such rates as Landlord may establish from time to time, which shall not be in excess of any applicable rates chargeable by Law, or in excess of the general service rate or other such rate that would apply to Tenant’s consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. If Tenant fails to pay timely any direct-metered utility charges from the applicable utility provider, Landlord shall have the right but not the obligation to pay such charges on Tenant’s behalf and b▇▇▇ Tenant for all such costs plus the Administrative Fee (as defined in Section 17), which amount shall be payable to Landlord as Additional Rent within 20 days after receipt of an invoice therefor. (b) For any separately metered utilities, when dueLandlord is hereby authorized to request and obtain, directly on behalf of Tenant, Tenant’s utility consumption data from the applicable utility provider for informational purposes and to enable Landlord to obtain full building Energy Star scoring for the appropriate supplierBuilding. Landlord shall have the right to require Tenant shut down the Building systems (including electricity and HVAC systems) for required maintenance and safety inspections, and in cases of emergency; provided however that, except in cases of emergency, Landlord will use commercially reasonable efforts to installschedule any shut downs of the Building systems outside Business Hours. Landlord shall not be liable for any interruption in providing any utility that Landlord is obligated to provide under this Lease, at unless such interruption or delay: (i) renders the Premises or any material portion thereof untenantable for the normal conduct of Tenant’s sole expensebusiness at the Premises, separate meters and Tenant has ceased using such untenantable portion, provided Tenant shall first endeavor to use any generator that serves the Premises or of which Tenant has the beneficial use; (ii) results from Landlord’s negligence or other submeterwillful misconduct; and (iii) extends for a period longer than 7 consecutive days, device or monitor for the measurement of utility usage) for any utility for in which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored case, Tenant’s obligation to pay Fixed Rent shall be abated with respect to the untenantable portion of the Premises that Tenant has ceased using for the period beginning on the 8th consecutive day after such conditions are met and ending on the earlier of: (A) the date Tenant recommences using the Premises or the applicable portion thereof; or (B) the date on which the service(s) is substantially restored. The rental abatement described above shall be Tenant’s sole remedy in the event of a utility interruption, and Tenant hereby waives any other rights against Landlord in connection therewith. Landlord shall have the right to change the utility providers to the Project at any time. In the event of a casualty or condemnation affecting the Building and/or the Premises, the terms of Sections 14 and 15, respectively, shall control over the provisions of this Section. (c) If Landlord shall determine Tenant’s equitable share thereofreasonably determines that: (i) Tenant exceeds the design conditions for the heating, based on rentable square footage, intensity of use of any Utility, hours of operationventilation, and air conditioning (“HVAC”) system serving the Premises, introduces into the Premises equipment that overloads such other factors as Landlord deems relevant. Tenant shall pay system, or causes such system to not adequately perform its equitable share proper functions; or (ii) the heavy concentration of such utilities to Landlordpersonnel, to motors, machines, or equipment used in the extent such obligation exceeds any amount thereof impounded under Section 4.5Premises, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Termincluding telephone and computer equipment, electrical power or any other utility is available to condition in the Premises from multiple sourcescaused by Tenant (for example, more than one shift per day or 24-hour use of the Premises), adversely affects the temperature or humidity otherwise maintained by such system, then Landlord shall notify Tenant in writing and Tenant shall have 10 days to remedy the situation to Landlord’s reasonable satisfaction. If Tenant fails to timely remedy the situation to Landlord’s reasonable satisfaction, Landlord shall have the right at anytime to install one or more supplemental air conditioning units in the Premises with the cost thereof, including the cost of installation, operation and from time maintenance, being payable by Tenant to time Landlord within 30 days after Landlord’s written demand. Tenant shall not change or adjust any closed or sealed thermostat or other element of the HVAC system serving the Premises without Landlord’s express prior written consent. Landlord may install and operate meters or any other reasonable system for monitoring or estimating any services or utilities used by Tenant in excess of those required to contract be provided by Landlord (including a system for service from Landlord’s engineer reasonably to estimate any company such excess usage). If such system indicates such excess services or companies providing utilities, Tenant shall pay Landlord’s reasonable charges for installing and operating such system and any supplementary air conditioning, ventilation, heat, electrical, telecommunication, or other utility service systems or equipment (or adjustments or modifications to the Buildingexisting Building systems and equipment), and Landlord’s reasonable charges for such amount of excess services or utilities used by Tenant. Tenant All supplemental HVAC systems and equipment serving the Premises shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access be separately metered to the Premises at Tenant’s cost, and Tenant shall be solely responsible for all electricity registered by, and the maintenance and replacement of, such meters. Landlord has no obligation to the electric lineskeep cool any of Tenant’s information technology equipment that is placed together in one room, feederson a rack, risersor in any similar manner (“IT Equipment”), wiring and Tenant waives any other machinery or equipment within the Premisesclaim against Landlord in connection with Tenant’s IT Equipment. Landlord shall in no way be liable or responsible for any loss, damage or expense have the option to require that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect the computer room and/or information technology closet in the supply or character of the Premises shall be separately submetered at Tenant’s expense, and Tenant shall pay Landlord for all electricity or other utilities supplied registered in such submeter. Within 1 month after written request, Tenant shall provide to Landlord electrical load information reasonably requested by Landlord with respect to any computer room and/or information technology closet in the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunder.

Utilities. At all times throughout the Lease Term, Landlord will install and maintain or will cause to be installed and maintained systems which provide chilled and hot water to service Tenant's heating, ventilating and air conditioning system. Landlord shall pay all utility hookup or connection charges with respect to the aforesaid utilities; however, Tenant shall thereafter pay, no later than thirty (30) days after being billed for same, all charges during the term of this Lease for utility services used on the Premises, including, specifically and not limited to the amounts described on Exhibits D and F for the chilled and hot water, provided, that Tenant shall not be obligated to pay for any such services an amount greater than the cost amount that Tenant would be charged if Tenant had contracted for such services directly with a public or private utility provider other than Landlord. Except as contemplated in Exhibit F hereto, Tenant will not install any equipment which can exceed the capacity of any utility facilities and if any equipment installed by Tenant requires additional utility facilities, the same shall be installed at Tenant's expense in compliance with all watergovernmental and utility company requirements and plans and specifications which must first be approved in writing by Landlord which approval shall not be unreasonably withheld. Tenant shall be solely responsible for and promptly pay all charges for use or consumption of sewer, gas, heatelectricity, lightwater, power, sewer, telephone, refuse disposal, scavenger and all other utilities and utility services supplied (the "Utilities") with respect to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right right, but not the obligation, to require furnish, and in such event Tenant shall purchase from Landlord, any such utility services as Landlord desires. If Landlord elects to installsupply or contract with any other party to supply any such utility services, at Tenant’s sole expense, separate meters (or other submeter, device or monitor Tenant shall purchase and pay for the measurement of same as Additional Rent at a rate determined and published by Landlord from time to time, provided, however, that said rate shall be reasonably competitive with rates which Tenant would be charged by the utility usage) for any utility for company which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect would otherwise furnish such service to the Premises. In the event Landlord elects to cease providing any utility previously provided through a central system operated by Landlord, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share deliver reasonable advance prior notice of such utilities to Landlordcessation, to the extent end that Tenant shall have a reasonable opportunity to connect (or convert as the case may be) to an alternate utility service. Landlord agrees to cooperate with Tenant with such obligation exceeds any amount thereof impounded under Section 4.5connection and/or conversion. Landlord and Tenant acknowledge that at the time of delivery of possession of the Premises to Tenant, within fifteen (15) days after receipt the only Landlord provided central utility system shall be the chilled water/hot water service described on Exhibit F hereof provided for purposes of a statement from Landlordheating, ventilating and air conditioning the Premises. If at any time during the Lease TermWater, electrical power or any other utility is electric, telephone cable, sewer and natural gas shall be available to the Premises from multiple sources, Landlord (with connections to main lines to be provided by Tenant) and shall have be separately metered to and controlled by Tenant and shall be billed directly to Tenant by the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderapplicable public utility.

Utilities. Tenant shall pay pay, prior to delinquency and throughout the cost of Lease Term, all charges for water, gas, heatheating, lightventilation, powerair conditioning, cooling, sewer, telephone, refuse disposalelectricity, garbage, janitorial service, landscaping and all other services and utilities and services supplied to the Premises. Tenant shall make payments for all , including Tenant’s Share of any such services or utilities which are not separately metered utilities, when due, directly for or billed to the appropriate supplierPremises. Landlord shall have the right to require Tenant to installmay, at Tenant’s sole expense, separate meters (install devices which separately meter Tenant’s consumption of utilities. All charges for utilities and services which are separately metered to the Premises or other submeter, device which are provided directly to Tenant or monitor the Premises by utility companies or third party providers shall be included in Operating Expenses and paid directly by Tenant to such utility companies or third party providers prior to delinquency. All charges for utilities and services for the measurement sole benefit of Tenant or the Premises which are billed to any paid by Landlord directly shall be paid by Tenant to Landlord based on Tenant’s Office Share of Operating Expenses. All other charges for utilities and services shall be included in Operating Expenses recoverable by Landlord in accordance with Article IV. The disruption, failure, lack or shortage of any service or utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored provided by Landlord with respect to the Premises, Landlord the Building or the Project due to any cause whatsoever shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity not affect any obligation of use of any Utility, hours of operationTenant hereunder, and such other factors as Landlord deems relevant. Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rent due hereunder, all without diminution, credit or deduction; provided, however, if such disruption, failure, lack or shortage is caused by Landlord’s failure to observe or perform its equitable share of such utilities to Landlordobligations hereunder, to the extent such obligation exceeds any amount thereof impounded under Section 4.5then, within fifteen thirty (1530) days after receipt of a statement written notice from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sourcesTenant specifying such failure, Landlord shall have initiate the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers cure of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption and thereafter shall entitle Tenant diligently prosecute said cure to terminate this Lease or ▇▇▇▇▇ the rent due hereundercompletion.

Utilities. 10.1 Landlord agrees to cause to be provided such mains, conduits and other facilities necessary to supply electricity, water, sewer, telephone and gas (if available) to the Premises, in accordance with and subject to any special provisions contained in Exhibit “C”. 10.2 Tenant shall pay the cost of pay, prior to delinquency, all charges for electricity, water, gas, heat, light, power, sewer, telephone, refuse disposalsolid waste and garbage removal, gas (where applicable), and all other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters chilled water service (or other submeter, device or monitor for the measurement of utility usagewhere applicable) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect furnished to the Premises, and Landlord shall determine may, if it so elects, furnish one or more of such services to Tenant’s equitable share thereof, based on rentable square footageand, intensity of use of any Utilityin such event, hours of operation, and such other factors as Landlord deems relevant. Tenant shall purchase such services as are Please initial: Landlord: Tenant: tendered by Landlord and shall pay its equitable share of for such utilities to Landlord, services at the rates actually paid therefor by Landlord to the extent applicable public utility provider, provided that such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlordrates shall not exceed the rates which would be charged for the same service if furnished directly by the applicable public utility then furnishing such service. If In the event that at any time during the Lease Term, electrical power or any other utility is available extensions and renewals thereof, Tenant shall fail to pay any of the Premises from multiple sourcesforegoing charges within thirty (30) days after written demand therefor, Landlord shall have the right at anytime right, but not the obligation, to pay such charge or charges for and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. on behalf of Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access amounts so paid shall be deemed to the Premises be additional rent hereunder and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur payable by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rentLandlord upon at least thirty (30) days after written demand therefor. 10.3 Except as provided in this Section, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages the event of any interruption in the supply of any utilities including without limitation any heating and air-conditioning if provided. Tenant agrees that it will not install any equipment which will exceed or otherwise for any failure or interruption overload the capacity of any utility servicefacilities serving the Premises and that if any equipment installed by Tenant shall require additional utility facilities, the same shall be installed at Tenant’s expense in accordance with plans and specifications to be approved in writing by Landlord. Notwithstanding anything contained in the lease to the contrary, if any interruption of utilities or services, which is due to the negligence of Landlord, its agents or employees, shall continue for more than twenty-four (24) continuous hours and shall render any portion of the Premises unusable for the normal conduct of Tenant’s business, and no if Tenant does not in fact use or occupy such failure or portion of the Premises, then all rent payable hereunder with respect to such portion of the Premises which Tenant does not occupy shall be abated retroactively to the first (1st) business day of such interruption and such abatement shall entitle Tenant continue until full use of such portion of the Premises is restored to terminate this Lease or ▇▇▇▇▇ the rent due hereunderTenant.

Utilities. Tenant shall pay the cost of for all water, gas, heat, light, power, sewer, telephone, refuse disposal, trash and all other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for together with any utility for which a separate meter is not installed as of the Commencement Datetaxes. If any utilities or of those services are not separately metered or monitored to Tenant, Tenant will pay a reasonable proportion to be determined by Landlord of all charges jointly metered with respect other portions of the Premises. If these charges remain unpaid for thirty (30) days after they become due and for ten (10) days following Tenant’s receipt of written notice thereof from Landlord, Tenant shall be in default and Landlord may exercise all remedies available to Landlord as provided in Article 12 of this Lease. Landlord agrees to pay for all other standard utilities necessary to operate the Premises, as determined by Landlord shall determine Tenantin Landlord’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, sole and such other factors as Landlord deems relevantabsolute discretion. Tenant shall pay its equitable share of such utilities to Landlord, to Notwithstanding the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sourcesforegoing, Landlord shall have no liability, whatsoever, in the right at anytime and event of any interruption, failure or curtailment of any utilities nor shall such interruption, failure or curtailment of any utilities constitute a constructive or partial eviction. Unless otherwise approved in advance by Landlord, Tenant shall make no change in the conduct of business in the Premises from time to time to contract for service from any company or companies providing electrical, telecommunicationthe manner of the conduct of business in the Premises as of the Effective Date of this Lease, or other utility service to install additional equipment not located on the Building. Tenant shall cooperate with Landlord and all providers Premises as of electrical, telecommunication, or other utility service andthe Effective Date of this Lease which would have the effect of materially increasing Tenant’s consumption of any utilities, as reasonably necessary, determined by Landlord in Landlord’s sole and absolute discretion. Landlord agrees to allow Landlord and such providers reasonable access Tenant to install separate UPS power devices in the Premises and to the electric linesas Tenant desires; provided, feedershowever, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable to Tenant in damages the event of any failure of or otherwise damage to such power devices or for any failure damage or interruption consequences resulting from or in any way related to the use of such power devices in the Premises. Tenant shall assume all costs associated with installing and using such UPS power devices, including, but not limited to, the costs of any utility service, increase in costs to utilities serving the Premises resulting from the use and no operation of such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderdevices.

Utilities. 3.5.1 Landlord shall have the right from time to time to select the company or companies providing electricity, gas, fuel, one or more categories of Telecommunication Services and any other utility services to the Building (provided that Tenant may select an additional provider of Telecommunications Services in the Building, subject to Landlord’s reasonable approval of same). Tenant shall contract directly and pay the cost of for all water, gas, heat, light, power, Telecommunication Services, sewer, telephone, refuse disposal, sprinkler charges and all other utilities and services supplied used on or from the Premises together with any taxes, penalties, surcharges or similar charges relating to the Premises. Tenant shall make payments for all separately metered such utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are such service is not separately metered to the Premises or monitored with respect is not otherwise separately accounted for and billed to Tenant, the cost therefor shall be an Operating Cost under this Lease. 3.5.2 Tenant acknowledges that space on the Building rooftop and in the Building risers, equipment rooms and equipment closets is limited. Unless otherwise required by law, neither Tenant, nor a provider of Telecommunication Services to Tenant, in the future shall be entitled to locate or install Telecommunication Facilities in, on or about the Building without (a) first obtaining Landlord’s advance, written consent, which consent shall not be unreasonably withheld, delayed or conditioned, and (b) the advance execution by Landlord and Tenant of a satisfactory agreement granting a license to Tenant for such purposes and setting forth the scope, the additional rent, if any, royalties and the other terms and conditions of that license, and (c) Tenant negotiating and obtaining the right, if any is required, to bring such Telecommunication Facilities across public or private property to an approved entry point to the Building. The agreement referred to in clause (b) of the previous sentence shall be incorporated in and become part of this Lease. Any future application by Tenant for permission to locate or install Telecommunication Facilities shall (1) be in such form and shall be accompanied by such supporting information as the Landlord may require, (2) be subject to such procedures, regulations and controls as the Landlord may specify and (3) be accompanied by such payment as the Landlord may reasonably request to reimburse Landlord for its costs of evaluating and processing the application and in negotiating and preparing the agreement described earlier in this subparagraph. 3.5.3 Landlord shall in no case be liable or in any way be responsible for damages or loss to Tenant arising from the failure of, diminution of or interruption in electrical power, natural gas, fuel, Telecommunication Services, sewer, water, or garbage collection services, other utility service or building service of any kind to the Premises, Landlord shall determine Tenant’s equitable share thereofunless such interruption in, based on rentable square footage, intensity deprivation of use or reduction of any Utility, hours such service was caused by the gross negligence or willful misconduct of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to its agents or contractors or by a failure in facilities, equipment or systems in the Landlord’s ownership. To the extent that Landlord bears any responsibility for any such obligation exceeds any amount thereof impounded under Section 4.5interruption, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power deprivation or any other reduction in utility is available or building services to the Premises from multiple sources(due to Landlord’s having caused same by its negligence or willful misconduct), Landlord Landlord’s sole responsibility and Tenant’s sole remedy shall have the right at anytime and from time be limited to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service an equitable adjustment of Base Rent in proportion to the Building. ratio that the rentable square footage of the Material Portion (hereinafter defined) of the Premises which Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access does not occupy bears to the entire rentable square footage of the Premises and for the period of interruption, depreciation or reduction, retroactive to the electric linesday on which Tenant delivers written notice to Landlord (a) describing such interruption, feedersdeprivation or reduction, risersand (b) stating that Tenant is being deprived of the reasonable use of, wiring and any other machinery has ceased to use or equipment within occupy, a Material Portion of the Premises (which portion of the Premises shall be specified by Tenant in such notice), and ending on the date such interruption, deprivation or reduction which is Landlord’s responsibility is no longer causing Tenant to be deprived of the use of a Material Portion of the Premises. Landlord shall in no way be liable As used herein, the term “Material Portion” means twenty percent (20%) or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character more of the electricity or other utilities supplied to rentable area of the Premises. Except in the case of an emergency or with respect to an interruption which is not within Landlord’s control or about which Landlord makes had no representation or warranty as prior knowledge, Landlord will give Tenant at least five (5) Business Days’ prior notice if Landlord intends to cause the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant services required to terminate this Lease or ▇▇▇▇▇ be furnished by the rent due hereunderLandlord.

Utilities. Tenant shall not install any equipment which can exceed the capacity of any utility facilities serving the Center and if any equipment installed by Tenant requires additional utility facilities, the same shall be installed at Tenant's expense in compliance with all code requirements and plans and specifications which must be approved in writing by Landlord (such approval not to be unreasonably withheld). Tenant shall be solely responsible for and promptly pay all charges for use or consumption of sewer, gas, electricity, water and all other utility services delivered to the Premises. Landlord may make electrical service available to the Premises as provided in Exhibit "C," and so long as Landlord continues to provide such electrical service Tenant agrees to purchase the same from Landlord and pay Landlord for the electrical service (based upon Landlord's determination from time to time of Tenant's consumption of electricity), as additional rent, on the first day of each month in advance (and prorated for partial months), commencing on the Commencement Date at the same cost as would be charged to Tenant from time to time by the utility company which otherwise would furnish such services to the Premises if it provided such services and metered the same directly to the Premises, but in no event at a cost which is less than the cost Landlord must pay in providing such electrical service. Landlord may supply water and other utilities to the Premises, and so long as Landlord continues to provide water or such other utilities Tenant shall pay Landlord for same at the same cost as would be charged to Tenant by the utility company which otherwise would furnish such service to the Premises if it provided such service and metered the same directly to the Premises, but in no event at a cost which is less than the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposalLandlord must pay in providing such service, and all other utilities in no event less than the minimum monthly charge which would have been charged by the utility company in providing such service. Landlord may make additional services, including but not limited to, pest control, trash compactor/trash removal, cleaning, and services supplied security, available to the Premises and, in such event, Tenant shall utilize such services, at Tenant's expense. Tenant shall operate its heating and air conditioning so that the temperature in the Premises will be approximately the same as that in the adjoining mall, and set Tenant's thermostat at the same temperature as that thermostat in the mall which is nearest the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor be responsible for the measurement installation, maintenance, repair and replacement of utility usage) air conditioning, heating and ventilation systems within and specifically for any utility the Premises, including all components such as air handling units, air distribution systems, motors, controls, grilles, thermostats, filters and other components. Tenant shall operate ventilation so that the relative air pressure in the Premises will be the same as or less than that in the adjoining mall as reasonably required by the Landlord. In the event Tenant requires the use of telecommunication services, including, but not limited to, credit card verification and/or other data transmission, then Tenant shall contract for which a separate meter is not installed as such services with one of the Commencement Dateservice providers available at the Center. If In addition to any rental abatement to which Tenant otherwise is entitled, if Tenant is prevented from using the Premises or any portion thereof for five (5) consecutive days or ten (10) days in any twelve (12) consecutive month period (the "Eligibility Period") as a result of Landlord's failure to provide utilities or services are not separately metered or monitored with respect to the Premises, Landlord then Tenant's rent shall determine Tenant’s equitable share be abated after the expiration of the eligibility period for such time that Tenant continues to be so prevented from using the Premises or portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using bears to the total rentable area of the Premises. However, in the event that Tenant is prevented from so conducting its business in any portion of the Premises for a period in excess of the Eligibility Period, and the remaining portion of the premises is not sufficient to allow Tenant to effectively conduct its business therein, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the rent for the entire Premises shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the rent allocable to such reoccupied portion, based on the proportion that the rentable square footagearea of such reoccupied portion of the Premises bears to the total rentable area of the Premises, intensity of use of any Utilityshall be payable by Tenant from the date such business operations commence. Notwithstanding anything herein in this paragraph which may be to the contrary, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of not be permitted to abat▇ ▇▇▇t as hereinabove otherwise provided if the failure to provide any such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available services to the Premises from multiple sources, Landlord shall have is as a result of Tenant's failure to pay for the right at anytime and from time to time to contract for service from any company same or companies providing electrical, telecommunication, or other utility service due to the Building. Tenant shall cooperate with Landlord and all providers negligence or willful misconduct of electricalTenant, telecommunicationits employees, agents or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereundercontractors.

Utilities. Throughout the term of this Lease Tenant shall agrees to pay for all water natural gas electricity and other utility services furnished to or consumed by Tenant in the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied Premises or due with respect to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly Property prior to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities Tenant's obligations under this Section 12 shall survive the expiration or services are not separately metered sooner termination of this Lease. Unless caused by the gross negligence or monitored with respect to the Premisesintentional misconduct of Landlord or Landlord's agents or employees, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. not be liable to Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company person or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible entity for any loss, damage or expense that Tenant which may sustain or incur by reason of any change, failure, interruption, interference or defect in be sustained if the supply quality or character of the electricity or electric service other utilities supplied utility service furnished to the PremisesPremises is changed, or such service is no longer available or suitable for Tenant's requirements or if the service ceases or is interrupted or impaired by fire other casualty or Act of God the making of necessary repairs or Improvements or by any causes beyond Landlord's control. Landlord makes no representation or warranty as Notwithstanding anything to the suitability contrary set forth in this Section 12, Landlord hereby agrees that if there is an interruption or discontinuance of gas, water, sewer or electric utilities to the utility service Premises that renders the Premises untenantable and such interruption or discontinuance is Within Landlord's reasonable control (other than an interruption resulting from a casualty as described in, Section 14 hereof) and continues for a period of two (2) or more consecutive business days after Landlord receives notice thereof from Tenant (hereinafter referred to as an "Unauthorized Interruption"), Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability 's minimum annual rent shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or abate comm▇▇▇▇▇g at the end of said 2-day period and continuing until such time as the Premises is rendered tenantable if Landlord has failed to correct or remediate the cause of such Unauthorized Interruption (or has failed to commence to cure such cause or remediate such interruption if it cannot be fully cured or reasonably remediated within such 2-day period). In any case if the Unauthorized Interruption is the result of any misconduct or negligent acts on the part of Tenant its agents or employees, or due to Tenant's failure to comply with the provisions hereof. Tenant's rent shall not abate exce▇▇ ▇▇ the extent of Landlord's recovery with regard to the Premises under its rental insurance if Tenant continues to nonetheless use any part of the Premises for conducting its business, the rent due hereundershall abate only ▇▇ ▇roportion to the part rendered untenantable and not so used.

Utilities. (a) Commencing on the Commencement Date, and continuing throughout the Term, Tenant shall pay for utility services as follows without setoff, deduction, or counterclaim: (i) Tenant shall pay directly to the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other applicable utility service provider for any utilities and services supplied that are separately metered (not submetered) to the Premises. ; (ii) Tenant shall make payments pay Landlord for any utilities serving the Premises that are separately submetered based upon Tenant’s submetered usage, (Landlord shall be responsible for any maintenance and replacement costs associated with such submeters; the costs of which may be included in Operating Expenses); and (iii) Tenant shall pay Landlord for Tenant’s Share of Project Utility Costs, as set forth in Section 5 above. “Project Utility Costs” means the total cost for all utilities serving the Project, excluding the costs of utilities that are directly metered or submetered to Building tenants or paid separately metered utilitiesby such tenants. As of the date hereof, when dueto Landlord’s actual knowledge, directly but without prejudice to Landlord’s right to make modifications from time to time: · Electric for the lights and plugs of the Premises is currently separately submetered, and electric for HVAC serving the Premises is paid as part of Operating Expenses pursuant to Section 5. Notwithstanding anything to the appropriate suppliercontrary in this Lease, Landlord shall have the right to install meters, submeters, or other energy-reducing systems in the Premises at any time to measure any or all utilities serving the Premises, the costs of which shall be included in Project Expenses. For those utilities set forth in subsection (ii) above, Landlord shall have the right to either invoice Tenant for such utilities separately as Additional Rent (payable within 30 days after receipt of an invoice therefor), or include such utilities in amounts due as Project Expenses. Landlord shall have the right to require Tenant estimate the utility charge, which estimated amount shall be payable to installLandlord within 30 days after receipt of an invoice therefor and may be included along with the invoice for Project Expenses, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, provided Landlord shall determine Tenant’s equitable share thereof, be required to reconcile on an annual basis based on rentable square footageutility invoices received for such period. The cost of utilities payable by Tenant under this Section shall include all applicable taxes and Landlord’s then-current reasonable charges for reading the applicable meters, intensity of use of any Utility, hours of operationprovided Landlord shall have the right to engage a third party to read the submeters, and such other factors Tenant shall reimburse Landlord for both the utilities consumed as Landlord deems relevantevidenced by the meters plus the costs for reading the meters within 30 days after receipt of an invoice therefor. Tenant shall pay its equitable share such rates as Landlord may establish from time to time, which shall not be in excess of any applicable rates chargeable by Law, or in excess of the general service rate or other such utilities rate that would apply to LandlordTenant’s consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. If Tenant fails to pay timely any direct-metered utility charges from the applicable utility provider, to the extent and such obligation exceeds any amount thereof impounded under Section 4.5, within failure continues uncured following fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, written notice thereof Landlord shall have the right at anytime and from time but not the obligation to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and pay such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for charges on Tenant’s requirements, behalf and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ Tenant for such costs plus the rent due hereunderAdministrative Fee (as defined in Section 17), which amount shall be payable to Landlord as Additional Rent within 30 days after receipt of an invoice therefor. Tenant shall at all times comply with the rules, regulations, terms, policies, and conditions applicable to the service, equipment, wiring, and requirements of the utility supplying electricity to the Building.

Utilities. Tenant Landlord shall pay the cost of all provide mains and conduits to supply water, gas, heat, light, power, sewer, telephone, refuse disposal, electricity and all other utilities and services supplied sanitary sewage to the PremisesProperty. Tenant shall make payments for all separately metered utilitiespay, when due, directly to the appropriate supplier. Landlord shall have provider, all charges for sewer usage or rental, garbage disposal, refuse removal, water, electricity, gas, fuel oil, L.P. gas, telephone and/or other utility services or energy source separately metered and furnished to the right to require Tenant to installPremises during the Term of this Lease, at Tenant’s sole expenseor any renewal or extension thereof, separate meters together with any related installation or connection charges or deposits (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date“Utility Costs”). If any services or utilities or services are not separately metered or monitored with respect furnished to the PremisesPremises are jointly metered with other premises, Landlord shall determine will make a commercially reasonable determination of Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable proportionate share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5Utility Costs and Tenant, within fifteen thirty (1530) days after following Tenant’s receipt of a statement from Landlordan invoice therefore, shall pay such share to Landlord as Additional Rent. If at For any time during the Lease Term, electrical power or any other utility is available service furnished to the Premises from multiple sourcesnot separately metered, such as water and sewer, Landlord shall have the right right, at anytime its sole election and at any time, to install at Tenant’s expense a submeter to measure the Premises’ use of such utility service, in which event Tenant, within thirty (30) days following Tenant’s receipt of an invoice therefore, shall reimburse Landlord from time to time to contract as Additional Rent for service from any company or companies providing electrical, telecommunication, or other the cost of such utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within used by the Premises. If Landlord elects to furnish any of the foregoing utility services or other services furnished or caused to be furnished to Tenant, then the rate charged by Landlord shall in no way not exceed the rate Tenant would be liable required to pay to a utility company or responsible for service company furnishing any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity foregoing utilities or other utilities supplied to the Premisesservices. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability The charges thereof shall constitute any actual or constructive eviction, be deemed Additional Rent in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Leaseaccordance with Article 3. Landlord shall not be liable in damages for, and Tenant shall not be entitled to any abatement or otherwise reduction of Base Rent or Additional Rent by reason of Landlord’s failure to furnish any of the foregoing utilities, when such failure is caused by accident, breakage, repairs (including replacements), strikes, lockouts or other labor disturbances or labor disputes of any character, or for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderother causes.

Utilities. Tenant We ll pay for the following utilities: You ll pay for all other utilities, related deposits, and any charges, fees, or services on such utilities. We do not guarantee or warrant that there will be no interruption of utility service. You shall pay contact the cost utility service provider in the event of all wateran interruption of service. If your electricity is ever interrupted, you must use only battery-operated lighting. In the event certain utilities such as electricity, gas, heatwater and sewer services are not supplied by the Landlord/Agent, lightTenant , powerupon execution of this Lease, sewer, telephone, refuse disposal, shall contract with the appropriate public utility and pay all other charges assessed or imposed during the term hereof for all utilities and services supplied supplies to the PremisesPremises whether occupied or vacant. Tenant shall make payments be charged for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which service usage on a separate meter is not installed as of metering and billing basis either directly from the Commencement Date. If any utilities utility provider or services are not separately metered or monitored with respect to the Premiseson a sub-metering, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such or other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to billing basis by the Landlord, to including reimbursing the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇▇▇▇ incurred by Tenant by received by Landlord after ▇▇▇▇▇▇ takes possession of the rent Premises and/or vacates the Premises. Tenant will be responsible for any liability due hereunderto disconnection or discontinuance of any such utility service. Landlord/Agent shall not be liable for any failure, interruption or stoppage of gas, electric and/or water at any time when beyond Landlord/Agent’s reasonable control and Tenant expressly releases Landlord/Agent of all liability in connection therewith. It shall be a material breach of this Lease and the Tenant’s tenancy if any utility service, contracted for by Tenant, such as water, sewer, gas and/or electric services, are discontinued due to some act or omission by the Tenant. Tenant further agrees that when the outside temperature falls below 40 degrees Fahrenheit, Tenant shall maintain a temperature within the Premises not below 55 degrees Fahrenheit in order to avoid damage to the Premises. ▇▇▇▇▇▇ further agrees and acknowledges that the Premises came with light bulbs and fuses at the commencement of the Lease term and shall not be responsible to provide such items to Tenant at any time thereafter.

Utilities. Landlord shall arrange for the supply of gas and electricity to the Leased Premises and Tenant shall reimburse Landlord for the cost thereof pursuant to Paragraph 3.1. Tenant shall arrange for and provide water service to the entirety of the Property, shall obtain such service in Tenant's name and shall pay the cost monthly charges therefor, subject to Tenant's right of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied to the Premisesoffset in Paragraph 3.2 hereof. Tenant shall make payments arrange directly for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available services to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service be provided to the Building. Tenant shall cooperate with Landlord be responsible for determining if the local supplier of water, gas and all providers electricity can supply the needs of electricalTenant and whether or not the existing water, telecommunication, or other utility service and, as reasonably necessary, allow Landlord gas and such providers reasonable access to electrical distribution systems within the Building and the Leased Premises are adequate for Tenant's needs. Tenant shall be responsible for determining if the existing sanitary and storm sewer systems now servicing the Leased Premises and the Property are adequate for Tenant's needs. Subject to the electric linesParagraph 3.3 hereof, feedersTenant shall pay all charges and special charges for water, risersgas, wiring electricity and any storm and sanitary sewer services, and other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities waste discharge services and permits as so supplied to the Leased Premises, irrespective of whether or not the services are maintained in Landlord's or Tenant's name, provided that Tenant shall be required to pay only for the actual cost of such services. Landlord makes no representation Either party hereto, at its sole cost and expense, hereto may cause the Leased Premises or warranty as the Building to be separately metered for gas, electricity and/or water, in which case Tenant shall arrange for any such separately metered service to be put in Tenant's name and shall pay the cost for such service directly to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive evictionprovider, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant which case Expenses shall not include the cost of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderservice paid directly by Tenant.

Utilities. Tenant shall pay the cost of for all separately metered water, gas, heat, light, power, sewerelectric, telephone, refuse disposaltelecommunication, sewer and all sprinkler charges and for other utilities and services supplied used on or from the Premises, together with any taxes, penalties, surcharges or the like pertaining thereto and any maintenance charges for utilities, and shall furnish all electric light bulbs and tubes. If any utilities serving the Premises are not separately metered, Tenant shall pay to Landlord its proportionate share of the cost thereof as reasonably determined by Landlord. Landlord shall in no event be liable for any damages directly or indirectly resulting from or arising out of the interruption or failure of utility services on the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the no right to require terminate this Lease nor shall Tenant be entitled to install, at Tenant’s sole expense, separate meters (any abatement in Rent as a result of any such interruption or other submeter, device or monitor for the measurement failure of utility usage) for any services. No such interruption or failure of utility for which services shall be deemed to constitute a separate meter is not installed as constructive eviction of the Commencement DateTenant. If any utilities Tenant acknowledges that Landlord and/or Tenant may from time to time be requested or services are not separately metered or monitored required to obtain, report and/or disclose certain energy consumption information with respect regard to the Premises, Landlord shall determine Tenantwhich may include, without limitation, benchmarking data for the U.S. Environmental Protection Agency’s equitable share thereofENERGY STAR® Portfolio Manager and information relating to compliance with “green building” initiatives, based on rentable square footageincluding, intensity of use of any Utilityif applicable, hours of operation, and such other factors as Landlord deems relevantthe Leadership in Energy & Environmental Design (LEED) certification program. Tenant shall pay its equitable share throughout the Term comply with all Federal, State or local laws, rules and regulations relating to consumption of utilities, energy or energy efficiency (as they may be in enacted or in effect from time to time, “Energy Regulations”), and Tenant shall, upon request by Landlord or Landlord’s lender, deliver and/or disclose such information regarding the consumption of utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sourcesas may be required to comply with applicable Energy Regulations. Further, ▇▇▇▇▇▇ authorizes Landlord shall have to disclose such information and data regarding the right at anytime and Premises as may be requested or required from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service comply with Energy Regulations. Notwithstanding anything to the Building. Tenant shall cooperate with Landlord and all providers of electricalcontrary contained in this Lease, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇▇ agrees that Landlord, at its election, may contact any utility company providing utility services to the rent due hereunderPremises in order to obtain data on the energy being consumed by the occupant of the Premises. Furthermore, Tenant agrees to provide Landlord with ▇▇▇▇▇▇’s energy consumption data within thirty (30) days after ▇▇▇▇▇▇▇▇’s request for the same. Tenant acknowledges that pursuant to applicable laws, Landlord may be required to disclose information concerning Tenant’s energy usage at the Building to certain third parties, including, without limitation, prospective purchasers, lenders and tenants of the Building (the “Tenant Energy Use Disclosure”). Tenant hereby (i) consents to all such Tenant Energy Use Disclosures, and (ii) acknowledges that Landlord shall not be required to notify Tenant of any Tenant Energy Use Disclosure. ▇▇▇▇▇▇ agrees to take such further actions as are necessary in order to further the purpose of this paragraph, including, without limitation, providing to Landlord the names and contact information for all utility providers serving the Premises, copies of utility bills, written authorization from Tenant to any such utility company to release information to Landlord, and any other relevant information reasonably requested by Landlord or the applicable utility company. The terms of this Paragraph 10 shall survive the expiration or earlier termination of this Lease.

Utilities. Tenant Lessor furnishes only TRASH & GARDENING_. In case of rationing or Lessee negligence or waste, Lessor may bill Lessee for trash or water costs that exceed normal costs by 10%. a. Lessees shall pay have Gas (if available) and Electricity service put in Lessees’ name on or before the cost of all water, Lease commencement date and Lessees shall maintain gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities electricity throughout the entire lease term. If Lessees fail to establish utility service in their name and a utility bill is received by Lessor for providing such services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for during any utility for which a separate meter is not installed as part of the Commencement Date. If any utilities or services are not separately metered or monitored with respect lease term, in addition to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character payment of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of amount owing on the utility service for Tenant’s requirementsbill, and no such changea fee of $35 per utility bill received, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant be paid to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇ ▇▇▇▇▇▇▇ Rentals by Lessees to compensate for administrative expenses. Current utility providers are as follows: Southern California Edison “SCE” (Electricity), So Cal Gas (Gas). b. If the Premises are separately metered for water service (i.e. a water meter that meters water only to the Premises leased hereunder), then the Lessees are responsible for contracting with the appropriate agency to secure water and sewer service and shall pay for such service. If Lessees fails to establish utility service in their name and a utility bill is received by Lessor for providing such services during any part of the lease term, in addition to payment of the amount owing on the utility bill, a fee of c. The utility meters for this Premises may include utility usage for the laundry room or other portions of the building in which the Premises are located. This Lease is the written agreement between Lessees and Lessor, and Lessees understand that their utility meter may be used for utilities outside of the interior of the Premises. This will not change, alter, or amend responsibility for payment of utilities and rent due hereunderas set forth in this Lease. Lessees have been advised per this paragraph, prior to signing this Lease, of this condition as required by California Civil Code 1940.9 and have no objection thereto. d. If Lessees desire Internet and or cable service, it is Lessee’s responsibility to contract for such service and pay for those services. Lessees are responsible for the cost of any installation or equipment necessary for such services. Satellite TV dishes are NOT to be attached to any exterior surface of the Premises or upon the Property.

Utilities. Tenant shall pay the cost of 6.1 Sublessee will contract separately and independently with providers to supply all waterelectrical, gasbeating, heat, light, power, sewer, telephone, refuse disposalfuel oil, and alarm services to the Demised Premises. All costs associated with such services, including, but not limited to fees or expenses related to re-routing utility conduits (including, without limitation, for fuel oil) in order that the Demised Premises is suitable for Sublessee’s operation and separation of the foregoing utilities set-up costs. activation fees, maintenance, usage, and other charges, will be the responsibility of Sublessee. Sublessee will work with Base Lessor as necessary to effect the proper separation of the foregoing utilities so Sublessee can contract for such utilities independently and Sublessee will bear all costs related to or arising from such separation. Sublessor will reasonably facilitate communication between Sublessee and Base Lessor for the foregoing purposes. For all other utilities and services supplied provided to the Demised Premises. Tenant shall make payments for all separately metered utilities, when dueincluding, directly but not limited to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or hot and cold water services and other submeter, device or monitor for the measurement of utility usage) for any utility for utilities which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premisesreasonably capable of submetering, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇Sublessor will ▇▇▇▇ Sublessee, based on Sublessee’s proportionate use of the rent due hereunderProperty, twenty eight and one half percent (28.5%) of Sublessor’s total costs of such utilities for the Property (the “Utilities Invoice”). The Utilities Invoice will also include one hundred percent (100%) of Sublessor’s costs related to the Extra Power (as defined below). Amounts owed to Sublessor for the Utilities Invoice will be paid within thirty (30) days of Sublessee’s receipt of Sublessor’s statement therefor. If such amounts are not received by Sublessor on or before the date in which said payment is due, a service charge of five percent (5%) thereof will be paid by Sublessee in addition to the payment due. 6.2 Sublessor agrees to provide Sublessee with access to an additional four hundred (400) Kilowatts of electricity output that is available on the Property (the “Extra Power”); provided, Sublessee will be responsible for all costs related to Sublessee’s use of the Extra Power including, without limitation, (i) the initial assessment to determine the extent of the Extra Power available, (ii) Sublessor’s installation of a submetering device and other modifications necessary to provide for separate metering, (iii) expenses incurred by Sublessor to break applicable usage contracts in order to provide the Extra Power, and (iv) all other applicable costs including, without limitation, set-up costs, activation fees, maintenance, and usage charges. The work and services performed under this Section 6.2 may be done or overseen by an employee of Sublessor and billed back to Sublessee. Other than the initial assessment referenced in subsection (i) of this Section 6.2, which has already been conducted, all work to be performed related to the Extra Power will not commence without Sublessee’s approval.

Utilities. Tenant Licensor covenants and agrees to maintain public utilities to furnish any electricity and water utilized in operating any and all of the facilities serving the Premises. Licensor and Licensee shall pay undertake to determine if separate metering of utilities at the Premises is commercially feasible and, if mutually agreed that one or more utilities can be separately metered, Licensee shall bear the cost of to provide for separate metering and pay for all water, gas, heat, light, power, sewer, telephone, refuse disposal, telephone and all other such utilities and services supplied separately metered to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or and services are not supplied and separately metered or monitored with respect to the Premises, Landlord Licensee shall determine Tenantpay Licensee’s equitable share thereofProportionate Share (as defined pursuant to Article 5(b)) of all utilities and services serving the Property in common with other occupants of the Property. No interruption or failure of utilities shall result in the termination of this Agreement or the abatement of rent, based except as expressly provided below. Notwithstanding anything contained herein to the contrary, in the event that such interruption or cessation of utilities is the result of Licensor’s negligent or willful act or omission and such interruption or cessation of utilities continues beyond three (3) business days from the date of such interruption or cessation, then, provided Licensee has delivered Licensor with prompt notice of such interruption, the Annual Base Fee under this Agreement will ▇▇▇▇▇, commencing on rentable square footage, intensity the fourth (4th) day of use of any Utility, hours of operationsuch interruption or cessation, and such other factors continuing until the date on which the utilities are restored and the Premises are again tenantable. No abatement of rentals as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, hereinabove described will apply to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt interruption of a statement from Landlord. If at any time during utilities is the Lease Term, electrical power or any other utility is available result of Licensee’s alterations to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunicationCapital Improvements, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers any negligent act or omission of electricalLicensee, telecommunicationits agents, employees or contractors, or any cause other utility service andthan the negligent or willful act or omission of Licensor or its employees, as reasonably necessary, allow Landlord and such providers reasonable access to agents or contractors. In the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense event that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in partLicensor has advance knowledge of, or entitle Tenant to any abatement otherwise plans an interruption or diminution cessation of rentutilities, Licensor shall give Licensee at least 14-day advanced notice or relieve Tenant of any of its obligations such other greater advanced notice as is reasonable under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereundercircumstance.

Utilities. Tenant 3.5.1 Landlord shall pay have the right from time to time to select the company or companies providing electricity, gas, fuel, one or more categories of Telecommunication Services and any other utility services to the Building. Landlord reserves the right to change electricity providers for the Building at any time and to purchase green or renewable energy, provided that the cost of all such green or renewable energy as passed through to Tenant shall not be materially greater than the then cost of other sources of energy then available on the market.. With the exception of water, gas, heat, light, power, sewer, telephoneelectricity and HVAC, refuse disposalTenant shall contract directly and pay for all utilities used on or from the Premises together with any taxes, penalties, surcharges or similar charges relating to such utilities. If any such service is not separately metered to the Premises or is not otherwise separately accounted for and billed to Tenant, the cost therefor shall be an Operating Cost under this Lease, provided that the cost of electric current for lights and convenience outlets shall be billed by Landlord to Tenant separately from, and all in addition to, Operating Costs. Landlord estimates that the present cost of electric current for lights and convenience outlets (exclusive of any other utilities purposes) shall be Two and services supplied 00/100 Dollars ($2.00) per rentable square foot. Landlord makes no warranty or representation that such cost will not increase during the Lease Term due to increases in electric rates and/or electricity consumption, as the case may be, provided that there shall be no ▇▇▇▇ up of the actual cost as billed by the utility provider. 3.5.2 Tenant acknowledges that space on the Building rooftop and in Building risers, equipment rooms and equipment closets is limited. If Tenant requires Telecommunication Services for the Premises other than from the provider or providers of Telecommunication Services selected by Landlord and whose Telecommunication Facilities are installed in or about the Building or on the rooftop of the Building, provision for alternate or supplemental Telecommunication Services or Telecommunication Facilities has been made in a license agreement accompanying and made part of this Lease. Unless otherwise required by law, neither Tenant, nor a provider of Telecommunication Services to Tenant, in the future shall be entitled to locate or install Telecommunication Facilities in, on or about the Building without (a) first obtaining Landlord’s advance, written consent (given in its absolute discretion) and (b) the advance execution by Landlord and Tenant of a satisfactory agreement granting a license to Tenant for such purposes and setting forth the scope, the additional rent, if any, royalties and the other terms and conditions of that license, and (c) Tenant negotiating and obtaining the right, if any is required, to bring such Telecommunication Facilities across public or private property to an approved entry point to the Building. The agreement referred to in clause (b) of the previous sentence shall be incorporated in and become part of this Lease. Any future application by Tenant for permission to locate or install Telecommunication Facilities shall (1) be in such form and shall be accompanied by such supporting information as the Landlord may reasonably require, (2) be subject to such procedures, regulations and controls as the Landlord may specify and (3) be accompanied by such payment as the Landlord may reasonably request to reimburse Landlord for its costs of evaluating and processing the application and in negotiating and preparing the agreement described earlier in this subparagraph. 3.5.3 Landlord shall in no case be liable or in any way be responsible for damages or loss to Tenant arising from the failure of, diminution of or interruption in electrical power, natural gas, fuel, Telecommunication Services, sewer, water, or garbage collection services, other utility service or building service of any kind to the Premises, unless such interruption in, deprivation of or reduction of any such service was caused by the gross negligence or willful misconduct of Landlord, its agents or contractors or by a failure in facilities, equipment or systems in the Landlord’s ownership. To the extent that Landlord bears any responsibility for any such interruption, deprivation or reduction in utility or building services to the Premises, Landlord’s responsibility and Tenant’s remedy shall be limited to an abatement in Base Rent for the period beginning with (a) the day which is five (5) Business Days after the date on which Tenant delivers notice to Landlord of such interruption, deprivation or reduction and that Tenant is being deprived of all reasonable use of the Premises and ending on (b) the date such interruption, deprivation or reduction which is Landlord’s responsibility is not causing Tenant to be deprived of all reasonable use of the Premises. 3.5.4 HVAC service shall be provided to the Premises Mondays through Fridays from 8:00 a.m. to 6:00 p.m., except for holidays (“Building Standard Hours”). Landlord shall provide HVAC service at times in addition to Building Standard Hours (“After-Hours HVAC”); provided, however, Tenant gives Landlord notice prior to 1:00 p.m. on the same day such After-Hours HVAC is required with respect to service on Business Days and prior to 1:00 p.m. on the immediately preceding Business Day with respect to service on non-Business Days. The charge to Tenant for After-Hours HVAC shall be at Landlord’s then-standard hourly rate in effect from time to time for After-Hours HVAC; provided, however there will be no charge for After-Hours HVAC on Saturdays between 8:00 AM and 12:00 noon (although Tenant must request same as set forth in the preceding sentence). Any HVAC service on holidays shall be considered After-Hours HVAC. 3.5.5 Tenant shall not install any supplemental HVAC, space heaters or other utilities or energy-intensive equipment (“Supplemental Utilities Equipment”) in the Premises without Landlord’s prior written consent, which consent shall not be unreasonably withheld and excluding any such equipment included in the Plans and Specifications approved by Landlord. In the event that Landlord consents in writing to such installation, Tenant shall be responsible, all at its sole cost and expense, for the installation, maintenance, and repair of any of Supplemental Utilities Equipment, and, at Landlord’s election, shall remove same from the Premises upon the expiration or termination of the Lease Term at Tenant’s sole cost and expense. If Tenant’s request for Landlord’s approval of any Supplemental Utilities Equipment is accompanied by a written request that Landlord identify all or any portion thereof that Landlord may require Tenant to remove upon the expiration or earlier termination of this Lease, Landlord shall identify such Supplemental Utilities Equipment (if any) by a written notice to Tenant given at the time of Landlord’s approval if, but only if, Tenant’s request for approval of such Supplemental Utilities Equipment is submitted with a notice at the top of the page having a heading in at least 12-point type, bold and all capital letters stating “LANDLORD’S APPROVAL MUST IDENTIFY ANY SUPPLEMENTAL UTILITIES EQUIPMENT WHICH LANDLORD MAY REQUIRE TENANT TO REMOVE UPON THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE”, and Tenant shall have no obligation to remove any Supplemental Utilities Equipment which has not been so identified by Landlord. Tenant shall make payments for all separately metered utilitiesagrees that it will maintain and repair any Supplemental Utilities Equipment, when dueand major components thereof, directly in first-class condition, and to the appropriate supplierextent applicable any such equipment will be operated on sensors or timers that limit the operation of such Supplemental Utilities Equipment to hours of occupancy in the areas immediately adjacent to the occupying personnel. Tenant shall, at its sole cost and expense, enter into a regularly scheduled preventative maintenance/service contract with a maintenance contractor or the seller of any such Supplemental Utilities Equipment, and upon Landlord’s reasonable request, Tenant will provide Landlord with reasonable evidence of such maintenance and repair. Upon Landlord’s request, at reasonable times and upon prior notice to Tenant (except in the event of an emergency, where no notice is required) Landlord shall have the right to require inspect, on not less than a monthly basis, the aforementioned Supplemental Utilities Equipment and major components provided Landlord shall use commercially reasonable efforts to minimize Landlord’s interference with Tenant’s business. Tenant shall not permit any Supplemental Utilities Equipment to installdisturb or interfere with any of the Building’s systems or any other tenant in the Building, and Tenant will remove, at Tenant’s sole cost and expense, separate meters any such Supplemental Utilities Equipment at Landlord’s direction in the event of such disturbance or interference. Landlord reserves the right to separately submeter (or other cause Tenant to separately submeter) any Supplemental Utilities Equipment, device or monitor for all at Tenant’s sole cost and expense. Notwithstanding anything herein to the measurement contrary, in the event that any Supplemental Utilities Equipment is required to be removed from the Premises by Tenant pursuant to the terms of utility usage) this paragraph 3.5.5, Landlord may perform such removal at its election, and Tenant shall reimburse Landlord for any utility for which a separate meter is not installed as of costs relating thereto, or in the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premisesevent that Tenant performs such removal, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities be responsible to Landlord, to the extent such obligation exceeds Landlord for any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available damage caused to the Premises from multiple sourcesor Building in connection therewith. 3.5.6 To the extent reasonably available to Tenant, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with be required to submit to Landlord any electricity consumption data and all providers of electrical, telecommunication, or other utility service and, as costs in a format deemed reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur acceptable by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderLandlord.

Utilities. 5.01. The Parties acknowledge that as of the Commencement Date utilities serving the Premises, being electricity, steam, supply water, and sanitary sewer (the “Utilities”) are separately metered with Tenant paying all costs for utility services to the service providers. In the event any such Utilities are not separately metered, the Parties agree that the Premises shall be separately metered for the Utilities as soon as reasonably practicable following the Commencement Date. All costs required to effectuate such separate metering shall be borne equally by Landlord and Tenant. The Parties shall cooperate with each other in all reasonable respects in connection therewith. Thereafter Tenant shall pay all charges for Utilities serving the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all Premises directly to the Utility provider. Until such time as electricity or any other utilities and services supplied Utilities are separately metered to the Premises, such Utilities to the Premises shall continue to be interconnected to Landlord’s utility infrastructure, and shall be provided to Tenant and paid for in the same manner and subject to the same conditions as all other Utilities are provided to Tenant. Until such Utilities are separately metered, Tenant shall make payments pay Landlord for Tenant’s usage thereof (without any surcharge being added by Landlord for overhead) in amounts as reasonably determined by Landlord, subject to Tenant’s reasonable approval. Such payment shall be due within thirty (30) days following delivery of Landlord’s invoice therefor accompanied by reasonably detailed support. Landlord shall not invoice Tenant for Utility usage more frequently than monthly. The following restrictions shall apply with respect to Tenant’s usage of Landlord’s oily water sewer system: (i) only wastewaters containing only water and petroleum products may be discharged therein, (ii) only wastewaters generated from Tenant’s operations on the Premises may be discharged therein, (iii) Tenant shall comply with all separately metered utilitiesapplicable laws, when duerules and regulations regarding the use thereof and the discharge of substances therein, directly and (iv) the daily volume of oily water discharged therein may not materially exceed the volume of the typical daily discharge therein resulting from Landlord’s operation of the Property prior to the appropriate supplierCommencement Date. Landlord shall have the right no obligation to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect provide telephone service to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power Premises or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from of any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, kind except as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premisesset forth in this Section. Landlord shall in no way event be liable or responsible for any losscessation or interruption in, or damage or expense that Tenant may sustain or incur by reason of caused by, any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied utility services provided to the Premises. , whether by Landlord makes no representation or warranty as to otherwise, unless the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure cessation or interruption of any utility service, and no such failure results from Landlord’s intentional misconduct or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereundergross negligence.

Utilities. Tenant LESSOR shall pay provide to the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposalLeased Premises the building standard facilities for heat and air conditioning for the Leased Premises, and all other utilities and services supplied also to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have common areas and facilities which LESSEE enjoys the right to require Tenant use, as required for comfortable occupancy, during 8 AM to install6 PM each business day (herein “Normal Business Hours”). LESSOR shall provide electricity to the Leased Premises (to be distributed throughout the Leased Premises however, at TenantLESSEE’s sole cost and expense). Notwithstanding the foregoing, separate meters (LESSEE shall pay all charges for electricity used on the Leased Premises. LESSEE shall pay all actual charges, without ▇▇▇▇-up or other submeterprofit to LESSOR, device for electricity used on the Leased Premises as it may be separately metered to the Leased Premises, or monitor based on LESSEE’s Allocable Percentage of the total electric ▇▇▇▇ for the measurement of utility usage) for any utility for which a separate meter is Building if not installed separately metered or if only partially separately metered to the Leased Premises (whichever or both as may be applicable), at the reasonable determination of the Commencement DateLESSOR. If LESSOR shall determine any utilities such electric charges not separately metered to the Leased Premises in a uniform and non-discriminatory manner relative to other lessees and occupants in the Building whose electric charges are not separately metered. LESSEE shall pay its electrical charges to LESSOR as invoiced by LESSOR on a monthly basis (whether based on actual or services estimated charges) within thirty (30) days of its receipt of the invoice. Within one hundred twenty (120) days of the close of each calendar year, LESSOR shall adjust the LESSEE’s prior year’s electrical payments to account for the actual and properly accrued charges, and shall issue LESSEE a refund or deficiency statement for that year, as appropriate. LESSEE shall pay any deficiency shown thereon within thirty (30) days of its receipt of said invoice. In the event of any disagreement, the parties shall engage in the negotiation and arbitration processes set forth in the last paragraph of Section 3 hereof. Any rebates due LESSEE (not contested by LESSOR) shall, in LESSOR’s reasonable discretion, be credited toward then current Rent. LESSOR shall provide copies of the relevant electric bills, and information regarding which spaces in the Building are not separately metered or monitored with respect to other lessees and occupants, to LESSEE upon LESSEE’s request. LESSOR shall maintain an average temperature in the PremisesBuilding between 60 degrees Fahrenheit and 80 degrees Fahrenheit at all times; and an average temperature in the Leased Premises generally between 68 degrees Fahrenheit and 76 degree Fahrenheit during Normal Business Hours. LESSOR shall make available overtime heat and air-conditioning and LESSEE shall pay as additional rent, Landlord overtime heat and air-conditioning as may be requested by LESSEE for the Leased Premises on the basis of $ 150.00 per zone, per hour (subject to increase by the same percentage amount by which the standard electric rates are increased), as billed by LESSOR. LESSEE shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use give LESSOR twenty four (24) hours prior notice of any Utility, hours of operation, requirements for specialized overtime heating and such other factors as Landlord deems relevantair-conditioning. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord LESSOR shall not be liable in damages or otherwise to LESSEE for any failure interruption, interference, damage or interruption loss to LESSEE’s research or experimentation occasioned as a result of any utility servicefailure in the heating, ventilation, air conditioning, or electrical services or other utilities servicing the Building or the Leased Premises not caused by LESSOR’s negligence, willful misconduct, or failure to use reasonably diligent efforts to restore any service interruption within its reasonable control. No plumbing or electrical work which affects the base Building systems or which requires a municipal permit or which may interfere with any other tenant in the Building shall be done without LESSOR’s approval which approval shall not be unreasonably withheld or delayed and the appropriate municipal permit and inspector’s approval. Hot and cold water for domestic type sanitary and drinking purposes and ordinary office pantry purposes (only) shall be supplied at LESSOR’s expense. There shall be separately metered and separately paid for by LESSEE, non-potable laboratory water and water for other particularized uses in the Leased Premises. LESSOR shall also provide the following services in accordance with comparable first class research laboratory and office buildings in the mid-Cambridge submarket at no such failure or interruption shall entitle Tenant additional charge: (a) non-exclusive shared passenger and freight elevator service and loading dock service to terminate this Lease or ▇▇▇▇▇ the rent due hereunderLeased Premises on a 24-hour basis, (b) base Building fire and life-safety systems; and (c) janitorial and cleaning service to common lavatories and common areas.

Utilities. (a) Tenant covenants and agrees that its use of electric current shall pay not exceed the cost capacity of all waterthe systems, gas, heat, light, power, sewer, telephone, refuse disposal, wiring and all other utilities electrical equipment which Landlord makes available to the Premises and services supplied its total connected load will not exceed the maximum load from time to time available to the Premises. Tenant shall not overload the electrical wiring or electrical panels within or serving the Premises and will install at its own expense, but only after obtaining Landlord's prior written approval, any additional electrical wiring or panels which may be required in connection with Tenant's apparatus. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if, during the Term of this Lease, either the quantity or character of electric current is changed or electric current is no longer available or suitable for Tenant's requirements due to a factor or cause beyond Landlord's control. Tenant, at Tenant's expense, shall purchase and install any replacement lamps, tubes, bulbs, starters and ballasts which may be needed during the Term. Tenant shall pay all charges for electricity used or consumed in the Premises. Electricity is currently furnished to the entire Building through one meter which enters the Buildings through the Warehouse in premises being leased to Executive Warehouse, Inc. ("EWI"). EWI has the right, under its lease (the "EWI Lease") with Landlord to, if EWI so elects, install an electric sub-meter or sub-meters at EWI's sole cost and expense (which cost may be shared with Tenant in such proportion as EWI and Tenant may agree) in order to measure electrical usage by Tenant and EWI during each monthly electricity billing period. The EWI Lease provides that EWI will coordinate any such submeter installation with Tenant. The EWI Lease also provides that if EWI installs such sub-meter or sub-meters, EWI shall read the main meter and each submeter promptly at the end of each monthly electricity billing period and promptly furnish Landlord with the breakdown (the "Electric Breakdown") of electrical consumption between Tenant and EWI based on such readings. Tenant shall make payments arrangements with EWI to coordinate the reading of any such main electric meter and any such electric submeter. If, for any reason, Tenant has not received a statement of its share of electricity charges under this Section 4.9 by the end of each calendar month, Tenant shall promptly notify Landlord. Tenant shall pay its share of the electrical charge to Landlord each month upon the later to occur of (i) five (5) days after receipt of a statement for such electric charges or (ii) five (5) days before each related electric b▇▇▇ is due and payable. The cost of installation, maintenance and repair of any sub-meter which Tenant elects to install shall be borne by Tenant. Gas and water are also currently furnished to the Building through one gas meter and one water meter. Tenant may, if it so elects, install separate submeters for measurement of gas and/or water consumption by Tenant at Tenant's sole expense. The Tenant shall pay when due all separately metered utilities, when due, charges for utility services provided directly to the appropriate supplierPremises including, without limitation, electricity, gas, water, sewer and the cost of providing heating, ventilating and air-conditioning to the Premises. (b) Tenant, in cooperation with EWI, shall read each of the utility meters or submeters promptly at the end of each monthly electricity, sewer, water and gas billing period and shall promptly furnish Landlord with the results of each such reading. Tenant shall pay its share of all such electric, gas, sewer and water utility charges to Landlord each month at least five days before each related utility b▇▇▇ is due and payable. If electricity, water or gas consumed by the Premises is not metered or submetered separately from electricity, water or gas, as the case may be, consumed by the remainder of the Buildings, Tenant shall pay to Landlord, within five (5) days of being billed therefor by Landlord (but, in any event, not sooner than five (5) days before such sums are, in fact, payable to the applicable utility company), Tenant's share of the aforesaid utilities determined as hereinafter set forth. Where there is no such separate meter or submeter installed to measure Tenant's consumption of electricity, sewer, water or gas, Landlord may, from time to time, determine Tenant's share of all such electric, gas, sewer and water charges based on estimates of relative consumption levels based on actual use (or estimated use if actual usage information is not available) prepared by an independent consulting or engineering firm experienced in making such estimates and, in such case, such estimates of the cost of providing electricity, gas, sewer and water to the Premises shall be binding on Landlord and Tenant. Until an estimate of usage is obtained from a consulting or engineering firm as contemplated by this Section 4.9(b), Landlord may estimate Tenant's share of all electric, sewer, water and gas expenses and require that Tenant pay such estimated amounts monthly in arrears on the last day of each calendar month during the Term. Landlord shall have the right to require Tenant adjust monthly estimated payments on account of such utilities from time to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Datetime. If any utilities water is consumed in the Premises for purposes other than ordinary drinking and lavatory purposes or services in excessive quantities or if Tenant's heating or cooling requirements are not separately metered or monitored with respect to materially greater than the Premisesrequirements of other tenants, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. then Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and on demand from time to time to contract time, charges for service from any company such additional water, heating or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with cooling as Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. require. (c) Landlord shall not be liable in damages or otherwise for any failure interruption of electricity, gas, water, telephone, sewage, HVAC and/or septic system or other utility service supplied to the Premises and Landlord reserves the right to stop any service or utility to the Premises, when in Landlord's reasonable judgment it is deemed necessary by reason of accident, emergency or repair or otherwise; and no such interruption or stoppage shall be deemed to be an eviction of Tenant or relieve Tenant from any obligations under this Lease; in the event any such curtailment, suspension, interruption or stoppage becomes necessary by reason of the foregoing, Landlord will use all reasonable efforts to restore the affected service or services as promptly as possible and to minimize, to the extent reasonably possible under the circumstances, any interference, disruption, suspension or interruption of Tenant's use and enjoyment of the Leased Premises by reason thereof. (d) All sums payable under this Section 4.9 shall constitute additional rent. In the event of nonpayment of any utility servicesums due under this Section 4.9, Landlord shall have all the same rights and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ remedies available as in the rent due hereundercase of nonpayment of Annual Rent.

Utilities. Landlord agrees that during the Lease Term the Demised Premises shall be connected to the electric and gas lines serving the municipality wherein the Demised Premises are located and to the water and sewer systems of such municipality. Landlord agrees that during the Lease Term (i) all such water, electricity, and gas shall be in such amounts per unit of time as shall be required by the provisions of Schedule C (including, without limitation, sufficient water for air conditioning) and (ii) all such sewerage disposal facilities shall be of such capacity as shall be required by the provisions of Schedule C. If for any reason the Demised Premises cannot be connected to such municipality's water and/or sewer systems on the Commencement Date, Landlord shall then provide water and/or sewer systems which (i) shall be of such capacity as shall be required by the provisions of Schedule C, (ii) shall be subject to the prior written approval of Tenant and (iii) shall pay meet the cost requirements of all waterpublic authorities having jurisdiction with respect thereto. Except as necessary to make required repairs or alterations, Landlord shall not take, or permit any occupant of the Shopping Center or any person claiming under Landlord or any such occupant to take, any action which shall interrupt, or interfere with, any electric, gas, heatwater, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (sewerage or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility telephone service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Demised Premises. Landlord shall provide Tenant with reasonable written notice (not less than 3 days in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason advance) of any change, failure, interruption, interference action which is likely to interfere with or defect in the supply or character of the electricity or other utilities supplied interrupt such services to the Demised Premises. Landlord makes no representation , including action reasonably necessary to make required repairs or warranty as to the suitability of the utility service for Tenant’s requirementsalterations, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not take, or give permission to any occupant of the Shopping Center or any person claiming under Landlord or any such occupant, to take any such action without Tenant's consent, which shall not be liable unreasonably withheld or delayed. Notwithstanding such notice, in damages the event that Landlord causes or otherwise permits any such interruption or interference to occur and continue for any failure or interruption of any utility servicelonger than one (1) day, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ ▇▇'s Minimum Rent shall be abated for each additional day that such interruption or interference continues in proportion to the rent due hereunderinterruption or interference.

Utilities. Tenant shall be solely liable for electricity expense relating to the Premises. Landlord shall use its best reasonable discretion in determining Tenant’s usage of electricity and its proportionate share, provided, however, that Landlord’s determination of the Tenant’s proportionate share of electric usage in the premises shall be final and determinative. The Tenant acknowledges that the initial charges for normal electric usage shall be calculated at the rate of $1.60 per square foot per annum. In calculating Tenant’s proportionate share of electric usage, Landlord shall take into consideration customary costs and expenses for similar uses, types of equipment and shall consider the hours of operation of Tenant and other Tenant’s in the building as estimated by FPL. Landlord may, at its sole option, elect to install a submeter for the premises, the separate floors of the building, or any other portion thereof to assist in making such determinations. Any charge for electricity incurred hereunder shall be deemed Additional Rent. Nothing contained herein shall be construed as a representation by Landlord that any utility service shall continue to be available to the premises. Landlord shall not be liable to Tenant for any interruption in utility services beyond Landlord’s control, provided that Landlord shall take no action to interfere with, interrupt or terminate the availability of such services. Landlord shall obtain and pay the cost of all for water, gassewage and garbage disposal for the entire building, heat, light, power, sewer, telephone, refuse disposalincluding the Premises. Tenant shall at its sole cost and expense without any right to offset or claim against Landlord, and subject to all other utilities applicable building codes and services supplied ordinances and Landlord’s prior written approval as to location and schematic design shall be authorized to have Cable TV service from any locally authorized Cable TV Service Provider for the Building, installed to the Building and to the Premises. Tenant shall make payments for all separately metered utilitiesindemnify and hold Landlord harmless from any claims, when due, directly to the appropriate supplier. Landlord losses or damage in connection with such installation and in no event shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored such installation interfere with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available Tenancies or rights to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or occupancy of other utility service to Tenants in the Building. Tenant shall cooperate be solely responsible for restoring or replacing any damage incurred in connection with Landlord and all providers the installation of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access Cable TV services to the Premises premises. Tenant shall be responsible for the payment of any installation costs or fees and any fees in connection with monthly service. In the event Tenant shall be unable to obtain Cable TV service to the electric linesbuilding, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied pursuant to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or P▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇ subject to the rent due hereunderterms and conditions of Section 41 hereof relating to signage and use of the exterior of the building, shall with Landlord’s prior written approval, which shall not be unreasonably withheld may install a satellite TV Dish antenna not exceeding 18 inches in diameter. Such antenna shall be installed in accordance with installation techniques reasonably approved by Landlord, in a location designated by Landlord, and in no event shall such antenna be visible from street level around the building or interfere in any way with the microwave telephone antennas or other telephone equipment located on the roof of the building, or the satellite antennas of any other tenants currently located on the roof of the building.

Utilities. Tenant 14.1. Sublessor shall bring or shall cause utility lines to be brought to the boundary of the Subleased Premises at the points existing as of the Term Commencement Date or such other points as may be designated by Sublessor (in consultation with Sublessee). The utility lines shall have the capacities existing as of the Term Commencement Date which `Sublessee acknowledges are sufficient to enable Sublessee to obtain for the buildings at the Subleased Premises, as of the date of commencement of Sublessee's activities, sufficient water, electricity, telephone and sewer service. Sublessee shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Subleased Premises. If Sublessee desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Sublessor, such installation shall be subject to Sublessor's prior written approval of Sublessee's plans and specifications therefor, which approval shah not be unreasonably withheld. If such installation is approved by Sublessor and if Sublessor agrees to provide any additional facilities to accommodate Sublessee's installation, Sublessee agrees to pay Sublessor, in advance and on demand, the cost for providing such additional utility facilities or utility facilities of all watergreater capacity. Sublessor also reserves the right to run such utility lines as it deems necessary in connection with the development of the Airport to, gasfrom, heator through the Subleased Premises, lightprovided, powerhowever, sewerthat such right does not include the right to run any such lines through, telephone, refuse disposal, under or over any structure on the Subleased Premises and all other utilities further provided the Sublessor in. exercising such reserved right shall provide reasonable prior notice and services supplied the opportunity to confer with Sublessee and shall exercise reasonable efforts to avoid or minimize interference with use of the Subleased Premises. Tenant shall make payments for all separately metered utilitiesSublessor, when dueat its sole discretion, directly to the appropriate supplier. Landlord shall have the right from time to require Tenant time, to installalter the method and source of supply of the above enumerated utilities to the Subleased Premises so long as such alteration does not result in an interruption of service during such change and so long as such alteration does not result in an increase in the cost of any such utilities. Sublessee agrees to execute and deliver to Sublessor such documentation as may be required to effect such alteration. Sublessee agrees to pay all charges for the above enumerated utilities supplied by Sublessor, public utility or public authority, or any other person, firm or corporation. Sublessor shall have the option to supply any of the above enumerated utilities to the Subleased Premises. If Sublessor shall elect to supply any of such utilities to the Subleased Premises, Sublessee will purchase its requirements for such services tendered by Sublessor, and Sublessee will pay Sublessor, within ten (10) days after mailing by Sublessor to Sublessee of statements therefor, at Tenant’s sole expensethe applicable rates determined by Sublessor from time to time which Sublessor agrees shall not be in excess of the public utility rates or competitive market rates if available for the same service if applicable to other aviation tenants at the Airport. If Sublessor so elects to supply any of such utilities, separate Sublessee shall execute and deliver to Sublessor, within ten (10) days after request therefor, any documentation reasonably required by Sublessor to effect such change in the method of finishing of such utilities. 14.2. Sublessor shall not be responsible for providing any meters (or other submeter, device or monitor devices for the measurement of utilities supplied to the Subleased Premises. Sublessee shall install or make application and arrange for the installation of all such meters or other devices and shall also procure; or cause to be procured, without cost to Sublessor, any and all necessary permits, licenses or other adf6rizations requited for the lawful and proper installation and maintenance upon the Subleased Premises of wires, pipes, conduits, tubes and other equipment and appliances required to supply any such service upon the Subleased Premises, and Sublessee shall be solely responsible for and promptly pay, as and when the same become due and payable, all charges for water, sewer, electricity, gas, telephone arid any other utility usageused or consumed in the Subleased Premises and supplied by Sublessor, any public utility or authority or any other person, firm or corporation. 14.3. All work and construction under this Article shall comply with the provisions of Article 15 of this Sublease applicable to construction work. 14.4. Sublessee (and any sublessee or assignee of Sublessee) shall be solely responsible for obtaining at its sole cost and expense any utility sewage or stormwater discharge permits as may be required for which a separate meter is not installed its operations under this Sublease (or any sublease oz assignment). Sublessee (and any sublessee or assignee of Sublessee) shall be required to comply with any and all land use control regulations promulgated by Sublessor and any and all federal, state and local requirements and standards concerning stormwater discharges and discharges to sewage treatment works, including, without limitation, any pre-treatment requirements. 14.5. Notwithstanding anything in this Article 14 to the contrary, Sublessee acknowledges and agrees that the Sublessee and the City of Portsmouth contemplate the relocation, upgrade and improvement of water and sewer lines on International Drive and Corporate Drive (the "Wastewater/Water Improvements' as more specifically set forth in Exhibit D-1. In connection with said relocation, upgrade and improvement, Sublessee agrees to-pay its proportional share of the Commencement DateWastewater/Water Improvements, which proportional share shall be based upon the 13.2800 acres, as set forth in Exhibit D-1 of the Subleased Premises, to include any necessary. If roadway resurfacing. Notwithstanding any utilities or services are not separately metered or monitored provision of this Sublease with respect to the calculation of useable acreage of the Subleased Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable Sublessee's proportional share of such utilities to Landlord, the Wastewater/Water Improvements is as set forth in Exhibit D-1. As a condition precedent to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt issuance by the City of Portsmouth of a statement from LandlordBuilding Permit and the commencement of construction of the Facility Sublessee shall enter into a written agreement with the City of Portsmouth, with such security as the City of Portsmouth may reasonably requite to insure that said payment obligation is met. If at Sublessee agrees that any time during the Lease Term, electrical power or any other utility is available payment obligation with respect to the Premises from multiple sources, Landlord Wastewater/Water Improvements shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Buildingbe considered an imposition under Article S of this Sublease. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunder.END OF ARTICLE 14 -----------------

Utilities. Tenant We ll pay for the following utilities: You ll pay for all other utilities, related deposits, and any charges, fees, or services on such utilities. We do not guarantee or warrant that there will be no interruption of utility service. You shall pay contact the cost utility service provider in the event of all wateran interruption of service. If your electricity is ever interrupted, you must use only battery-operated lighting. In the event certain utilities such as electricity, gas, heatwater and sewer services are not supplied by the Landlord/Agent, lightTenant , powerupon execution of this Lease, shall contract with the appropriate public utility and pay all charges assessed or imposed during the term hereof for all utilities supplies to the Premises whether occupied or vacant. Tenant shall be charged for utility service usage on a separate metering and billing basis either directly from the utility provider or on a sub-metering, square footage, or other billing basis by the Landlord, including reimbursing the Landlord for utility service ▇▇▇▇▇▇▇▇ incurred by Tenant and received by Landlord after Tenant takes possession of the Premises and/or vacates the Premises. Tenant will be responsible for any liability due to disconnection or discontinuance of any such utility service. Landlord/Agent shall not be liable for any failure, interruption or stoppage of gas, electric and/or water at any time when beyond Landlord/Agent’s reasonable control and Tenant expressly releases Landlord/Agent of all liability in connection therewith. It shall be a material breach of this Lease and the Tenant’s tenancy if any utility service, contracted for by Tenant, such as water, sewer, telephonegas and/or electric services, refuse disposalare discontinued due to some act or omission by the Tenant. Tenant further agrees that when the outside temperature falls below 40 degrees Fahrenheit, and all other utilities and services supplied Tenant shall maintain a temperature within the Premises not below 55 degrees Fahrenheit in order to avoid damage to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to further agrees and acknowledges that the appropriate supplier. Landlord shall have Premises came with light bulbs and fuses at the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as commencement of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, Lease term and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for responsible to provide such items to Tenant at any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereundertime thereafter.

Utilities. Section 11.1. As Additional Rent and in accordance with Article 2 of this Lease, Tenant shall pay its proportionate share (calculated on a square footage or other equitable basis as calculated by Landlord) of the cost of all utility charges such as water, gas, heat, light, power, sewerelectricity, telephone, refuse disposaltelex and other electronic communications service, sewer service, waste-pick-up and all any other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, materials or services furnished directly to the appropriate supplierbuilding(s) in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. Section 11.2. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of any interruption or failure of utility services to the Premises when such interruption or failure is caused by accident, breakage, repair, strikes, lockouts, or other labor disturbances or labor disputes of any nature, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord; provided, however, that in the event the Premises should be unsuitable for Tenant’s use for a period exceeding five (5) consecutive business days as a consequence of cessation of utilities required to be provided to the Premises by Landlord as a result of Landlord’s negligent act or omission, then Tenant shall be entitled to an abatement of Basic Rent and Additional Rent (except utilities which shall continue to be payable by Tenant in accordance with the terms of this Lease) thereafter to the extent of the interference with Tenant’s use of the Premises occasioned thereby if. Section 11.3. Landlord shall furnish to the Premises between the hours of 8:00 a.m. and 6:00 p.m. (“Building Hours”), Mondays through Fridays (holidays excepted), and subject to the rules and regulations of the Complex hereinbefore referred to, reasonable quantities of water, gas and electricity suitable for the normal use of the Premises as general office space and heat and air-conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises for such purposes. With respect to the heating and air-conditioning of the 1020 Building, Tenant shall have the right, upon prior written notice to Landlord, to modify the Building Hours only during the demised term or portion thereof that Tenant is the sole occupant of the entire 1020 Building. At Tenant’s election, Landlord shall furnish to the 1020 Space such reasonable quantities of utilities outside of Building Hours; provided, however, to the extent that such additional building utilities are provided to Tenant outside of Building Hours, Tenant shall be responsible for the costs and expenses pertaining thereto. In no event shall Landlord be obligated to make any alterations and/or change any building systems to accommodate Tenant’s request for utilities outside of Building Hours. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building heating, ventilating and air-conditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature otherwise maintained by the air-conditioning system, Landlord shall have the right to require install supplementary air-conditioning units in the Premises and the cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to installLandlord upon demand by Landlord. Tenant will not, at Tenant’s sole expensewithout the written consent of Landlord, separate meters (use any apparatus or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to in the Premises, Landlord shall determine Tenant’s equitable share thereofincluding, based on rentable square footagewithout limitation, intensity electronic data processing machines or machines using current in excess of use 110 Volts, which will in any way increase the amount of electricity, gas, water or air-conditioning usually furnished or supplied to premises being used as general office space, or connect with electric current (except through existing electrical outlets in the Premises), or with gas or water pipes any Utilityapparatus or device for the purposes of using electric current, hours of operationgas, and such other factors as Landlord deems relevantor water. If Tenant shall pay its equitable share require water, gas, or electric current in excess of such utilities that usually furnished or supplied to premises being used as general office space, Tenant shall first obtain the written consent of Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord which consent shall not be liable unreasonably withheld, and Landlord may cause an electric current, gas, or water meter to be installed in damages the Premises in order to measure the amount of electric current, gas, or otherwise water consumed for any failure or interruption such excess use. The cost of any utility servicesuch meter and of the installation, maintenance and repair thereof, all charges for such excess water, gas and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility), and no such failure any actual additional expense incurred by Landlord in keeping account of electric current, gas, or interruption water so consumed shall entitle be paid by Tenant, and Tenant agrees to terminate this Lease or ▇▇▇▇▇ the rent due hereunderpay Landlord therefor promptly upon demand by Landlord.

Utilities. (a) Commencing on the Commencement Date, and continuing throughout the Term, Tenant shall pay for utility services as follows without setoff, deduction, or counterclaim (except as otherwise provided herein): (i) Tenant shall pay directly to the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other applicable utility service provider for any utilities and services supplied that are separately metered (not submetered) to the Premises. ; (ii) Tenant shall make payments pay Landlord for any utilities serving the Premises that are separately submetered based upon Tenant’s submetered usage; and (iii) Tenant shall pay Landlord for Tenant’s Share of Project Utility Costs, as set forth in Section 5 above. “Project Utility Costs” means the total cost for all utilities serving the Project, excluding the costs of utilities that are directly metered or submetered to Building tenants or paid separately metered utilities, when due, directly by such tenants. Notwithstanding anything to the appropriate suppliercontrary in this Lease, Landlord shall have the right, upon reasonable advance written notice to Tenant, to install meters, submeters, or other energy-reducing systems in the Premises at any time to measure any or all utilities serving the Premises, at no cost to Tenant. In exercising such right, Landlord shall use its commercially reasonable efforts to avoid interfering with Tenant’s use and occupancy of the Premises. For those utilities set forth in subsection (ii) above, Landlord shall invoice Tenant for such utilities as Additional Rent (payable within thirty (30) days after receipt of an invoice therefor). For those utilities set forth in subsection (ii) above, Landlord shall have the right to either invoice Tenant for such utilities as Additional Rent (payable within thirty (30) days after receipt of an invoice therefor), or together with Operating Expenses. Landlord shall have the right to require Tenant estimate the utility charge, which estimated amount shall be payable to install, at Tenant’s sole expense, separate meters Landlord within thirty (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (1530) days after receipt of an invoice therefor and may be included along with the invoice for Project Expenses, provided Landlord shall be required to reconcile on an annual basis based on utility invoices received for such period. The cost of utilities payable by Tenant under this Section shall include all applicable taxes and Landlord’s then-current reasonable charges for reading the applicable meters, provided Landlord shall have the right to engage a statement third party to read the submeters, and Tenant shall reimburse Landlord for both the utilities consumed as evidenced by the meters plus the reasonable costs for reading the meters within thirty (30) days after receipt of an invoice therefor. Tenant shall pay such rates as Landlord may establish from Landlordtime to time, which shall not be in excess of any applicable rates chargeable by Law, or in excess of the general service rate or other such rate that would apply to Tenant’s consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. If at Tenant fails to pay timely any time during direct-metered utility charges from the Lease Term, electrical power or any other applicable utility is available to the Premises from multiple sourcesprovider, Landlord shall have the right at anytime and from time but not the obligation to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and pay such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for charges on Tenant’s requirements, behalf and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ Tenant for such costs plus the rent due hereunderAdministrative Fee (as defined in Section 17), which amount shall be payable to Landlord as Additional Rent within thirty (30) days after receipt of an invoice therefor. Tenant shall at all times comply with the rules, regulations, terms, policies, and conditions applicable to the service, equipment, wiring, and requirements of the utility supplying electricity to the Building.

Utilities. Tenant shall pay acknowledges that Rent does not include the cost of supplying utilities to the Premises and agrees to pay all water, gas, charges for heat, lightelectricity and other utilities (whether they are used for furnishing heat or other purposes) that are furnished to the Premises and presently separately metered, powerexcept for water and sewer; provided, sewerhowever, telephone, refuse disposal, that Tenant shall be responsible for all wastewater inspection charges pertaining to Tenant’s use of the Building’s wastewater discharge system. Landlord agrees to provide (and shall include such provision in its Operating Costs) all other utilities utility service and services supplied to furnish reasonably hot and cold water and reasonable heat and air conditioning (except to the extent that the same are furnished through separately metered utilities) to the Premises, the hallways, stairways, and lavatories during normal business hours on regular business days of the heating and air conditioning seasons of each year, all subject to interruption due to any accident, to the making of repairs, alterations, or improvements, to labor difficulties, to trouble in obtaining electricity, service, or supplies from the sources from which they are usually obtained for the Building, or to any other cause beyond the Landlord’s control. Tenant HVAC shall make payments for all be separately metered utilitiesand available at all times of the day and night for Tenant’s use. Landlord’s failure to furnish, when dueor any interruption or termination of, directly services due to the appropriate supplierapplication of laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a material portion of the Premises, is made untenantable for a period in excess of three (3) consecutive business days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the fourth (4th) consecutive business day of the Service Failure and ending on the day the service has been restored and if the Service Failure continues for a period in excess of ninety (90) consecutive business days, Tenant may terminate this Lease upon written notice to Landlord at any time thereafter before Landlord cures such Service Failure. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of the abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment. For the avoidance of doubt, except for the express remedies set forth in this paragraph under no circumstances will Landlord be liable to Tenant for any damages, costs, expenses, lost profits, or consequential damages as a result of a Service Failure irrespective of the cause. Landlord shall have no obligation to provide utilities or equipment other than the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for utilities and equipment within the measurement of utility usage) for any utility for which a separate meter is not installed Premises as of the Commencement DateDate of this Lease. If In the event Tenant requires additional utilities or equipment, the installation and maintenance thereof shall be subject to the prior written consent of the Landlord and shall be Tenant’s sole cost and responsibility, including, without limitation, compliance with all applicable legal requirements. Except as otherwise provided in Article 5, it is understood and agreed that Tenant shall make its own arrangements for the installation or provision of all such utilities and that Landlord shall be under no obligation to furnish any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any interruption or failure or interruption in the supply of any utility service, and no such failure or interruption shall entitle Tenant utilities to terminate this Lease or ▇▇▇▇▇ the rent due hereunderPremises.

Utilities. Tenant Landlord shall pay the cost of all provide mains and conduits to supply water, gas, heat, light, power, sewer, telephone, refuse disposal, electricity and all other utilities and services supplied sanitary sewage to the PremisesProperty. Tenant shall make payments for all separately metered utilitiespay, when due, directly to the appropriate supplierprovider, all charges for sewer usage or rental, garbage disposal, trash or refuse removal, water, electricity, gas, fuel oil, L.P. gas, telephone and/or other utility services or energy source separately metered and furnished to the Premises during the Term of this Lease Agreement, or any renewal or extension thereof, together with any related installation or connection charges or deposits (“Utility Costs”). Landlord shall have If additional costs are required to separately meter the right to require Tenant to install, Premises it will be at TenantLandlord’s sole cost and expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any services or utilities or services are not separately metered or monitored with respect furnished to the PremisesPremises are jointly metered with other premises, Landlord shall determine will make a commercially reasonable determination of Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable proportionate share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5Utility Costs and Tenant, within fifteen ten (1510) business days after following Tenant’s receipt of a statement from Landlordan invoice therefore, shall pay such share to Landlord as Additional Rent. If at Landlord elects to furnish any time during of the Lease Termforegoing utility services or other services furnished or caused to be furnished to Tenant, electrical power or any other utility is available to then the Premises from multiple sources, rate charged by Landlord shall have not exceed the right at anytime and from time rate Tenant would be required to time pay to contract for service from any a utility company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and company furnishing any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity foregoing utilities or other utilities supplied to the Premisesservices. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability The charges thereof shall constitute any actual or constructive eviction, be deemed Additional Rent in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Leaseaccordance with Article 3. Landlord shall not be liable in damages for, and Tenant shall not be entitled to any abatement or otherwise reduction of Base Rent or Additional Rent by reason of Landlord’s failure to furnish any of the foregoing utilities, when such failure is caused by accident, breakage, repairs (including replacements), strikes, lockouts or other labor disturbances or labor disputes of any character, or for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant other causes not attributable to terminate this Lease or ▇▇▇▇▇ the rent due hereunderLandlord.

Utilities. Tenant shall pay Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants of the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, Properties directly to the appropriate supplierapplicable utility company pursuant to such Tenants' Leases, for which no adjustment will be made) will be paid by the Seller to the utility company through the Closing Date. Landlord The Seller shall have the right to require Tenant to install, at Tenant’s sole expense, separate arrange for a final reading of all utility meters (or other submetercovering gas, device or monitor for the measurement of utility usagewater, steam and electricity) for any utility for which a separate meter is not installed as of the Commencement DateClosing, except meters the charges of which are payable by Tenants of the Properties directly to the applicable utility company pursuant to such Tenants' Leases. The Seller and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Seller's responsibility for such charges for utilities furnished to the Properties as of the date of the Closing and commencement of the Buyer's responsibilities therefor from and after such date. If a ▇▇▇▇ is obtained from any utilities such utility company as of the Closing, the Seller shall pay such ▇▇▇▇ on or services are before the Closing. If such ▇▇▇▇ shall not separately metered have been obtained on or monitored before the Closing, the Seller shall, upon receipt of such ▇▇▇▇, pay all such utility charges as evidenced by such ▇▇▇▇ or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any ▇▇▇▇ which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Seller as of the Closing. Monthly fees payable to any Seller hereunder with respect to any Property for cable, internet or phone services for such Property shall be prorated as of the Premisesapplicable Closing; provided, Landlord shall determine Tenant’s equitable share thereofhowever, based on rentable square footage, intensity that any up-front fees and any reimbursement of use of any Utility, hours of operation, and expenses paid or payable to such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power Seller or any other utility is available to the Premises from multiple sourcespredecessor in interest in connection with cable, Landlord shall have the right at anytime and from time to time to contract internet or phone services for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character each of the electricity or other utilities supplied to Properties (except for the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇▇ Property, the rent due hereunder▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇ Property and the 1160 ▇▇▇▇▇▇▇ Property), shall not be prorated, and shall be the property of such Seller, and Buyer shall remit any such sums to Seller immediately upon receipt thereof. With respect to the ▇▇▇▇▇▇ Property, the ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇ Property and the 1160 ▇▇▇▇▇▇▇ Property, from and after the applicable Closing, the Buyer shall be entitled to receive and retain any up-front fees payable under any Approved CIP Contracts (and Seller shall promptly remit any such sums to Buyer if received by Seller after the Closing). If Seller receives any up-front fees payable under any Approved CIP Contracts prior to Closing, Buyer shall receive a credit against the Purchase Price for the applicable Property at Closing in an amount equal to such up-front fee. At the applicable Closing, Buyer shall reimburse the applicable Seller for any costs incurred by such Seller under any Approved CIP Contract beyond the costs of such Seller providing (i) conduit access from the street to the data communication closets of the applicable Property and (ii) phone and coaxial wiring in each unit of such Property back to the central media panel in such unit.

Utilities. Tenant shall pay the cost of all charges for water, sewer, gas, heatelectricity and other utilities or like services used or consumed on the Premises (each, light, power, sewer, telephone, refuse disposala “Utility Service” and collectively the “Utility Services”), and used or consumed by all mechanical equipment serving the Premises, wherever located, whether called use charge, tax, assessment, fee or otherwise as the same become due. It is understood and agreed that Landlord shall be responsible for bringing each Utility Service described in the Base Building Work to a common switching point(s) at the Building as shown on the Base Building Work Plans (as defined in the Work Letter)(collectively, the “Utility Switching Points”). As part of the Base Building Work, Landlord shall install a direct meter to measure electricity serving the Premises and, with respect to all other Utility Services being installed as Base Building Work, a direct, sub- or “check” meter for measuring Tenant’s consumption of such Utility Service. Tenant shall pay all costs and expenses associated with any separately metered utilities (such as electricity and services supplied telephone) directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on a check- or sub-metering metering installation, based on Landlord’s reading of such meters, directly to Landlord at the same rate paid by Landlord to the provider thereof. Additional Rent for any check- or sub-metered utilities may be reasonably estimated monthly by Landlord, based on actual readings of sub — and “check” meters where applicable, and shall be paid monthly by Tenant within thirty (30) days after being billed with a final accounting based upon actual bills received from the utility providers following the conclusion of each fiscal year of the Building. Tenant shall pay for any and all costs to install and connect Utility Services from the Utility Switching Points to the Premises. Tenant Landlord shall make payments for all separately metered utilities, when due, directly be under no obligation as to any Utility Services beyond the foregoing responsibility to bring such Utility Services to the appropriate supplier. Utility Switching Points and as required in the completion of the Finish Work and Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) not be liable for any utility for which a separate meter is not installed as interruption or failure in the supply of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the PremisesUtility Services, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, except to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlordexpressly set forth below. If at any time during To the Lease Term, electrical power or any other utility is available to the Premises from multiple sourcesextent permitted by law, Landlord shall have the right at anytime any time and from time to time during the Term to contract for service or purchase one or more Utility Services not being obtained directly by Tenant from any company or companies third party providing electricalUtility Services (“Utility Service Provider”), telecommunicationsubject to Tenant approval of the proposed Utility Service Provider, such approval not to be unreasonably withheld, conditioned or other utility service delayed, and provided that such alternate Utility Service Provider shall be retained on market terms and conditions. In requesting Tenant consent to a proposed Utility Service Provider, Landlord shall provide Tenant with reasonable documentation regarding the Buildingproposed contract to permit Tenant to determine whether such terms meet the foregoing standard. The parties acknowledge that, initially, the only Utility Services not being obtained directly by Tenant are water, sewer and gas, and the City of Boston and Boston Gas Company are the approved initial providers of such respective Utility Services. Provided there shall be no unreasonable interference with Tenant’s operations within the Premises, Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all providers of electrical, telecommunication, or other utility service and, times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and such providers the Utility Service Providers reasonable access to the Premises and to the electric any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or equipment personal property within the PremisesPremises and associated with the delivery of Utility Services. Landlord In the event that there shall in no way be liable an interruption, curtailment or responsible for any loss, damage or expense that Tenant may sustain or incur by reason suspension of any change, failure, interruption, interference Utility Service (and no reasonably equivalent alternative service or defect in the supply is provided by Landlord) that shall materially interfere with Tenant’s use and enjoyment of all or character a portion of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirementsPremises (a “Service Interruption”), and no if (i) such change, failure, defect, unavailability or unsuitability Service Interruption shall constitute any actual or constructive evictioncontinue for five consecutive business days following receipt by Landlord of written notice from Tenant describing such Service Interruption (the “Service Interruption Notice”) and (ii) such Service Interruption shall not have been caused, in whole or in part, by reasons beyond Landlord’s reasonable control (provided, however, that causes beyond Landlord’s reasonable control may be deemed to result in a Material Service Interruption if and to the extent that such cause actually results in coverage under Landlord’s rental interruption insurance) or entitle by an act or omission in violation of this Lease by Tenant to or by any abatement or diminution of rent, or relieve Tenant negligence of any of its obligations under Tenant’s agents, employees, contractors, invitees, successors or others using the Premises with Tenant’s expressed or implied permission (collectively, with Tenant, the “Tenant Parties” or any one of them, including Tenant, a “Tenant Party”) (a Service Interruption that satisfies the foregoing conditions being referred to hereinafter as a “Material Service Interruption”), then Tenant shall be entitled to an equitable abatement of Base Rent and Tenant’s Pro Rata Share of Total Operating Costs, based on the nature and duration of the Material Service Interruption, the area of the Premises affected, and the then current Rent amounts, for the period that shall begin on the commencement of such Material Service Interruption and that shall end on the day such Material Service Interruption shall cease. A Material Service Interruption lasting more than ninety (90) days shall constitute damage or destruction of Premises and shall be governed by Section 12.01 of this Lease. Notwithstanding the foregoing, if Landlord disputes whether, or the extent to which, an event is a Material Services Interruption or the amount of Tenant’s abatement of Base Rent and Tenant’s Pro Rata Share of Total Operating Costs, such dispute shall be resolved in accordance with Article 14 of Exhibit 10.03 to this Lease prior to the exercise of any of Tenant’s remedies under this Section 6.01. The remedies provided in this Section 6.01 shall not apply to casualty or condemnation, which shall be liable covered elsewhere in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderLease.

Utilities. Tenant a. TENANT shall pay all costs for utility services (whether for installation, service, administration, connection, or maintenance thereof) used by TENANT at or upon the cost of Premises with no responsibility or expense accruing or ascribed to LANDLORD, including all waterpermits, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied to the Premiseslicenses or authorizations necessary in connection therewith. Tenant Such payments by TENANT shall make payments for all separately metered utilities, when due, be made directly to the appropriate supplier. Landlord shall have utility supplier or service provider, except that if such utilities should be supplied by the right to require Tenant to installLANDLORD, at Tenant’s sole expensethen in this event, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant TENANT shall pay its equitable share of such utilities those costs to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, LANDLORD within fifteen thirty (1530) days after receipt of a statement from LandlordLANDLORD’s invoice. LANDLORD agrees that any such costs invoiced to TENANT will be based on the rates charged to LANDLORD by utility supplier, plus reasonable capital and administrative recovery costs. If at any time during TENANT is allowed by LANDLORD to encroach over areas reserved for installation and operation of utilities, then TENANT shall bear all responsibility for restoration of TENANT’s own property in case of repairs by the Lease TermLANDLORD or the utility owner. b. The TENANT agrees to indemnify and hold LANDLORD harmless, electrical power in LANDLORD’S capacity as utility provider, for defects, failures, or any other reduced, diminished, or cessation of service furnished by LANDLORD or its suppliers, and LANDLORD further reserves the right to temporarily terminate the supply, or shutdown utilities to, from, or upon the leased Premises if reasonably necessitated for purposes of repairs, replacement, modifications, extensions, or threats to public health, welfare, and safety. c. If TENANT requires utilities beyond what is currently available, TENANT agrees to pay the full cost and expense associated with the upgrade/extension/installation of all such utilities related to its use of the Premises, and to comply with all provisions for maintaining such utilities. d. The LANDLORD reserves for itself, and its utility is available providers, the right to upgrade, extend, install, maintain and repair all utilities and services on or across the Premises, whether or not such services or utilities are for the benefit of TENANT. The LANDLORD shall take all reasonable care and diligence to protect existing improvements and utilities, and shall avoid to the Premises from multiple sourcesgreatest extent possible, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, unreasonable interference or defect in the supply or character of the electricity or other utilities supplied interruption to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for TenantTENANT’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderoperations.

Utilities. Section 8.01. While Tenant is occupying the Premises and is not in default under this Lease, Landlord shall pay furnish Tenant with the cost following services: (a) potable water (b) heating, ventilating, and/or air conditioning in season on business days from 7:00 a.m. to 6:00 p.m. (c) electric lighting for public areas and special Services Areas of the Building all waterof which services shall be provided to Tenant by Landlord and paid for by Landlord as part of the Operating Expense Allowance. If Tenant requires air conditioning or heating outside the hours and days specified above, gas, heat, light, power, sewer, telephone, refuse disposalLandlord shall furnish it only at Tenant's request, and all other utilities and services supplied Tenant will bear the entire charge therefor which will be an amount equal to the Premisesrate charged to Landlord, at that time, plus a reasonable fee to cover Landlord's overhead costs, with a two-hour minimum. With respect to such after hours costs, Landlord acknowledges that the current after hours charge is $35.00 per hour. Whenever machines or equipment that generate abnormal heat are used in the Premises by Tenant shall make payments for all separately metered utilitieswhich affect the temperature or humidity otherwise maintained by the central air conditioning system, when due, directly to the appropriate supplier. Landlord shall will have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to install supplemental air conditioning units in the Premises, Landlord shall determine Tenant’s equitable share and the full total cost thereof, based will be paid by Tenant to Landlord on rentable square footagedemand. Notwithstanding anything in this Lease to the contrary, intensity Tenant shall be responsible for the cost of use special lighting relamping and ballasts within the Premises after initial installation of any Utilitysuch items. Section 8.02. While Tenant is occupying the Premises and is not in default under this Lease, hours of operationLandlord will furnish sufficient power for lighting and for typewriters, dictaphones, personal computers, calculating machines, and other normal office machines of similar low electrical consumption, all of which power shall be paid for by Landlord as a part of the Operating Expense Allowance. Tenant agrees that Landlord's aforesaid obligation does not include the provision of power for: (a) special mainframe type computers and/or electronic data processing equipment, (b) special lighting which has electrical consumption in excess of the Building Standard lighting, or (c) any item that consumes more than 0.5 kilowatts at rated capacity or requires a voltage other than 120 volt single phase and such other factors as Landlord deems relevant. consumption by Tenant shall be deemed excessive usage for which Tenant shall pay its equitable share Landlord upon receipt of an invoice for the cost to Landlord of such utilities usage. Notwithstanding the aforementioned, Tenant acknowledges that the Building electrical feeders have normal design limitations, such that (i) in no event shall lighting have a design load greater than an average of 2.00 ▇▇▇▇▇ per Usable square foot, and (ii) collectively, Tenant's equipment and lighting shall not have an electrical design load greater than an average of 3.75 ▇▇▇▇▇ per Usable square foot. Upon the existence of Tenant's excess electrical requirements, Landlord may, at its option, upon not less than 30 days prior written notice to LandlordTenant, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available discontinue electric services to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service until Tenant reduces its power consumption to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premisespermissible limits. Landlord shall in no way will not be liable or responsible in any way to Tenant for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference failure or defect in the supply or character of electric energy or any other utility service furnished to the electricity Premises because of any requirement, act, or omission of the public utility servicing the Building. All installations of electrical fixtures, appliances, and equipment within the Premises shall be subject to Landlord's prior approval. Landlord's obligation to furnish utility services shall be subject to the rules and regulations of any municipal or other utilities supplied to governmental authority regulating the Premisesbusiness of providing utility services. Landlord makes no representation or warranty as to the suitability When Tenant's use of the utility service Premises consumes power in excess of the Building Standard lighting and for typewriters, dictaphones, calculating machines and other normal office machines of similar low consumption, then the usage of such additional consumption shall be determined, at Landlord's election, either (i) by a survey performed by a reputable consultant selected by Landlord (and paid for by Tenant when such additional consumption is proven), or (ii) by separate meter in the Premises to be installed, maintained and read by Landlord at Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part's sole expense. Section 8.03. Failure to furnish, or any stoppage of, the services provided for in Article 7 above and in this Article 8 resulting from any cause will not make Landlord liable in any respect for damages to either person, property, or business, nor be construed as an eviction of Tenant, nor entitle Tenant to any abatement or diminution of rentRental, or nor relieve Tenant of any of from its obligations under the this Lease. Landlord shall not be liable in will, with reasonable diligence, repair any malfunction of the Building Improvements or facilities, but Tenant will have no claim for rebate, abatement of Rental, or damages or otherwise for any failure or interruption because of any utility malfunctions or interruptions in service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunder.

Utilities. Tenant a. LESSEE shall pay all costs for utility services (whether for installation, service, administration, connection, or maintenance thereof) used by LESSEE at or upon the cost of Premises with no responsibility or expense accruing or ascribed to LESSOR, including all waterpermits, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied to the Premiseslicenses or authorizations necessary in connection therewith. Tenant Such payments by LESSEE shall make payments for all separately metered utilities, when due, be made directly to the appropriate supplier. Landlord shall have utility supplier or service provider, except that if such utilities should be supplied by the right to require Tenant to installLESSOR, at Tenant’s sole expensethen in this event, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant LESSEE shall pay its equitable share of such utilities those costs to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, LESSOR within fifteen thirty (1530) calendar days after receipt of a statement from Landlord▇▇▇▇▇▇’s invoice. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇▇ agrees that any such costs invoiced to LESSEE will be based on the rent due hereunderrates charged to LESSOR by utility supplier, plus reasonable capital and administrative recovery costs. If LESSEE is allowed by LESSOR to encroach over areas reserved for installation and operation of utilities, then LESSEE shall bear all responsibility for restoration of LESSEE’s own property and improvements in case of repairs by the LESSOR or the utility owner. b. The LESSEE agrees to indemnify and hold LESSOR harmless, in LESSOR’s capacity as utility provider, for defects, failures, or reduced, diminished, or cessation of service furnished by LESSOR or its suppliers, and LESSOR further reserves the right to temporarily terminate the supply, or shutdown utilities to, from, or upon the leased Premises if reasonably necessitated for purposes of repairs, replacement, modifications, extensions, or threats to public health, welfare, and safety. c. If LESSEE requires utilities beyond what is currently available, ▇▇▇▇▇▇ agrees to pay the full cost and expense associated with the upgrade/extension/installation of all such utilities related to its use of the Premises, and to comply with all provisions for maintaining such utilities. d. The LESSOR reserves for itself, and its utility providers, the right to upgrade, extend, install, maintain and repair all utilities and services on or across the Premises, whether or not such services or utilities are for the benefit of LESSEE. The LESSOR shall take all reasonable care and diligence to protect existing improvements and utilities, and shall avoid to the greatest extent possible, any unreasonable interference or interruption to LESSEE’S operations. e. LESSEE shall design and install all utilities used by LESSEE subject to the express approval of the LESSOR prior to installation. All utilities, including but not limited to, electrical, gas, data and communications utilities installed or caused to be installed shall be underground, and no utility services or other cables or wires shall be installed on poles or otherwise above ground. Unless otherwise provided in this Agreement, all conduits or ducts installed shall be considered fixtures as defined under Section 21 TITLE TO FACILITIES, IMPROVEMENTS AND FIXTURES, and shall become the owned property of LESSOR. All utility facilities installations shall meet the requirements of Section 18 FUTURE ALTERATION AND IMPROVEMENT STANDARDS of this Agreement. f. Wastes not legally permitted and authorized for disposal into the storm and/or sanitary drainage system shall not be discharged, connected or introduced into storm and/or sanitary drains and the storm and/or sanitary drainage system. LESSEE shall take all reasonable precautions to prevent the discharge of material into any drainage system that would create interference with the flow therein, or that would cause a hazard or unlawful contamination thereto. A copy of LESSEE’S Stormwater Pollution Prevention Plan and Spill Prevention Control and Countermeasure Plan shall be submitted to the LESSOR upon the LESSOR’S request.

Utilities. Tenant shall pay a. From and after the cost of Ready for Occupancy Date and at all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time times during the Lease Term, electrical power or any Tenant covenants and agrees to pay, prior to delinquency, the costs and charges for all utilities, including but not limited to gas, propane, electricity, water and sewer, telephone, and trash service used and consumed by Tenant, its employees, agents, servants, customers and other utility is available invitees in the Premises, and to the Premises extent possible shall contract for the same in its own name and on separate meters. If Tenant fails to pay any such charges, Landlord may, at its option, pay the same for and on Tenant’s account, in which event Tenant shall promptly reimburse Landlord therefor, together with interest at one percent (1%) per month from multiple sources, the date of expenditure until paid. Landlord shall have the right at anytime and from time to time to contract no liability for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or may not ▇▇▇▇▇ rent, unless due to Landlord’s gross negligence or willful misconduct, and not due to any fault of Tenant but Landlord shall in any event diligently proceed to have such utility service promptly restored. b. Tenant, at Tenant’s expense shall pay for all utilities including water, sewer, gas, telephone, trash, and electricity to the rent due hereunderPremises for the use of Tenant. Landlord shall, at Landlord’s expense, install meters or submeters (if meters or submeters are not already on the Premises) to separately measure Tenant’s consumption of water, and electrical and gas energy (if supplied). Tenant shall keep meters and installation equipment in good working order and repair at Tenant’s sole cost and expense; failure to do so may allow Landlord to cause such meters and equipment to be replaced or repaired, and collect the cost thereof from Tenant as Additional Rent. If any utility cannot be separately metered or separately determined, Tenant agrees to pay its pro rata share thereof which shall be determined by a flow meter to be installed by Landlord.

Utilities. Tenant shall be solely responsible for, and promptly --------- pay the cost of as and when due, all waterchanges and assessments for heat, gas, heatelectricity, light, power, sewer, telephone, refuse disposal, telephone and all other utilities used, consumed or provided to or on the Leased Premises and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to installshall, at Tenant’s 's sole cost and expense, separate meters (or other submeter, device or monitor arrange with the appropriate utility companies for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities provision, augmentation or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share modification of such utilities to Landlord, the Leased Premises. Notwithstanding anything herein to the extent such obligation exceeds contrary, Landlord shall not be liable in any amount thereof impounded under Section 4.5respect for any damages whatsoever, within fifteen whether to or with respect to person, property, Tenant's business or otherwise, for interruption in, or stoppage, suspension or curtailment of, any utility service or system (15) days after receipt whether caused by or arising out of a statement from Landlord. If at any time during the Lease Term, electrical power 's need to make repairs or any other utility is available to reason whatsoever), nor shall the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company same _____________________ *CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. (a) constitute a constructive eviction or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply disturbance with Tenant's use, possession or character enjoyment of the electricity Leased Premises, (b) constitute grounds for abatement, reduction or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive evictionrebate, in whole or in part, of Rent or entitle any other sum payable by Tenant to any abatement hereunder, or diminution of rent, (c) release or relieve Tenant of or from any Tenant's obligations hereunder. In the event landlord shall elect, or be required by governmental authorities, to install in the Leased Premises individual meters or other devices to measure any or all of its obligations under the Leaseutilities consumed in the Leased Premises, Tenant shall pay to Landlord the charges incurred for such meters and the installation thereof in the Leased Premises. Landlord If any such utilities are not separately measured, Tenant shall not be liable in damages or otherwise for any failure or interruption pay to Landlord, within thirty (30) days after Tenant's receipt of any utility serviceLandlord's written demand therefor, and no Tenant's allocable share of such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderutilities as reasonably determined by Landlord.

Utilities. SECTION 4.1. The Tenant shall represents, warrants, covenants and agrees that it shall, within five (5) days of written demand by the Landlord to the Tenant, pay to the cost of Landlord, as Additional Rent, any and all watercharges incurred by the Landlord for any and ail utilities supplied to the Premises including, gas, heat, light, power, sewerwithout limitation, telephone, refuse disposalelectricity, and all other utilities and services supplied water, heating oil and/or natural gas. The Landlord hereby agrees that any demand given by the Landlord to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly pursuant to the appropriate supplier. Landlord provisions of this Section 4.1 shall have include an accurate copy of the right invoice, statement, bill or similar document issued by the public utility or any private ▇▇▇pany providing such utility, as the case may be, with respect to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter payment is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premisesdemanded. SECTION 4.2. Landlord shall in no way not be liable or responsible in any way to Tenant for any loss, damage interruption or expense that Tenant may sustain or incur by reason failure of any change, failure, interruption, interference or defect in the supply or character of any utility furnished to the Premises, now or hereafter, or for any loss, damage or expense Tenant may sustain if either the quantity or character of any utility is changed or is no longer suitable for Tenant's requirements, whether by reason of any requirement, act or omission of the public utility serving the Premises or for any other reason whatsoever. Notwithstanding the provisions of this Section 4.2, the Landlord shall be responsible for any and all actual damages suffered by the Tenant as a result of any interruption of utility service caused solely by the Landlord's failure to remit (prior to the expiration of any applicable grace period) to the appropriate public utility or private company providing such utility, as the case may be, any amount which has been paid by the Tenant to the Landlord pursuant to the provisions of Section 4.1 hereof. SECTION 4.3. Tenant shall at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring, as well as any and all requirements of the public utility supplying electricity or other utilities supplied to the Premises. Tenant shall not, without Landlord's prior written consent in each instance (which consent may be withheld by the Landlord makes no representation in its reasonable discretion), connect any fixtures, machinery, appliances or warranty as equipment to the suitability Premises electric distribution system or make any alteration or addition to Tenant's machinery, appliances or equipment, or the electric system of the Premises, if the effect thereof would be to increase the electrical load in the Premises. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be deemed Additional Rent due hereunder and shall be forthwith paid by Tenant within five (5) days of Landlord's written demand. SECTION 4.4. If any Taxes are imposed upon Landlord with respect to any utility furnished as a service for Tenant’s requirementsto Tenant by any Governmental Authority, and no Tenant agrees that such change, failure, defect, unavailability or unsuitability Taxes shall constitute any actual or constructive eviction, in whole or in part, or entitle be reimbursed by Tenant to Landlord within five (5) days of written demand. The Landlord hereby agrees that any abatement demand given by the Landlord to the Tenant pursuant to the provisions of this Section 4.4 shall include an accurate copy of the invoice, statement, bill or diminution of rent, or relieve Tenant of any of its obligations under similar document issued by the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇relevant Governmental Authori▇▇ ▇r Governmental Authorities, as the rent due hereundercase may be, with respect to the Taxes for which payment is demanded.

Utilities. Tenant (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of and pay the cost of all waterutilities for the Building, including electricity, gas, heathot and cold water, light, power, sewerjanitorial services, telephone, refuse disposalcable and other utility services installed for the Leased Premises or the occupants thereof, including, without limitation, fees and all other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate suppliertaxes thereon. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor additionally provide a generator for electricity that automatically provides back-up electric power for the measurement Building in the event of utility usage) for any utility for which a separate meter is not installed as failure of the Commencement Date. If any utilities or services are not separately metered or monitored with respect applicable utility to the Premisesdo so. (b) Except as otherwise set forth in this Lease, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility serviceor other service being furnished to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease Lease. Notwithstanding the foregoing, if (i) an interruption or ▇▇▇▇▇ curtailment, suspension or stoppage of electrical service to the rent due hereunderBuilding occurs and continues without restoration for more than twenty-four (24) hours after Landlord shall have received notice thereof from Tenant, and (ii) as a result of interruption or curtailment, suspension or stoppage of electrical service to the Building, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then Tenant may make such reasonable repairs, replacements or alterations to the electrical generator serving the Building and Landlord shall reimburse Tenant for the cost thereof within ten (10) days after receipt of a third party invoice therefor. Landlord shall not be responsible for any cost or expense incurred by Tenant for damage or loss of any biological or medical materials, substances or supplies kept on the Leased Premises, whether resulting from any failure or interruption of any utility or other service being furnished to the Leased Premises, unless any such damage or loss results solely from the gross negligence or willful misconduct of Landlord or Landlord’s agents, invitees, employees or contractors. (c) Landlord shall keep and maintain the Leased Premises at a commercially reasonable temperature to comply with ASHRAE standards for office and laboratory occupancy, as applicable, between the hours of 8 a.m. to 6 p.m. on weekdays that are not official national or state holidays. Tenant acknowledges and understands that the temperature within the Leased Premises is centrally controlled and timed and is measured by sensors in the Leased Premises that are subject to manual override with respect to timing. Landlord agrees that so long as Tenant does not operate its business within the Leased Premises in more than a single shift that runs between such times, Tenant shall have the right to override the timing controls during off hours and on weekends to ensure that the Leased Premises are at a commercially reasonable temperature. However, in the event that Tenant shall maintain more than one operating shift, Tenant acknowledges and agrees that Landlord may charge Tenant for the additional utility charges incurred by Landlord to maintain the Leased Premises at a commercially reasonable temperature to comply with ASHRAE standards for. office and laboratory occupancy, as applicable, during off hours and weekends.

Utilities. 14.1 Tenant shall obtain all water, electricity, sewerage, gas, telephone and other utilities directly from the public utility company furnishing same. Any meters required in connection therewith shall be installed at Tenant's sole cost. Tenant shall pay all utility deposits and fees, and all monthly service charges for water, electricity, sewage, gas, telephone and any other utility services furnished to the Demised Premises during the term of this lease. In the event any such utilities are not separately metered on the Commencement Date, then until such time as such services are separately metered, Tenant shall pay Landlord Tenant's equitable share of the cost of such services, as determined by Landlord. If for any reason the use of any utility is measured on a meter(s) indicating the usage of Tenant and other tenants of the Industrial Complex, Tenant and such other tenants shall allocate the cost of such utility amongst themselves and shall each be responsible for the payment of its allocable share. Landlord shall furnish and install all waterpiping, gasfeeders, heatrisers and other connections necessary to bring utilities to the perimeter walls of the Demised Premises. Anything to the contrary notwithstanding, light, power, sewer, telephone, refuse disposal, and all Tenant shall remain obligated for the payment of Tenant's pro rata share of any heating costs and/or other utilities and or services supplied furnished to the Premises. Common Areas pursuant to Section 7.4. 14.2 Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require use the existing heating, air conditioning and ventilation equipment in the Demised Premises, if any. All such equipment shall be maintained, repaired and replaced, as necessary, by Tenant in its sole expense and shall be surrendered by Tenant to install, Landlord at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as end of the Commencement Date. If any utilities or services are not separately metered or monitored term of this lease together with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Demised Premises. Landlord shall in no way be liable or responsible for any lossSubject to Section 3.2, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability condition or capacity of such equipment. Landlord shall have no obligation whatsoever to provide the utility service for Tenant’s requirementsDemised Premises with any additional heat, and no such changeair conditioning, failure, defect, unavailability ventilation or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. hot water. 14.3 Landlord shall not be liable in damages or otherwise for any interruption whatsoever, nor shall Tenant be entitled to an abatement or reduction of rent on account thereof, in utility services not furnished by Landlord, nor for interruptions in utility services furnished by Landlord which are due to fire, accident, strike, acts of God or other causes beyond the control of Landlord or which are necessary or useful in connection with making any alterations, repairs or improvements. Notwithstanding the foregoing, if such interruption or failure in utility services (i) is caused by Landlord or interruption Landlord's authorized agent; (ii) can be repaired at the Industrial Complex; and (iii) continues for more than sixty (60) consecutive days, then Tenant shall be entitled to a proportionate abatement of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent all rental charges due hereunder, effective on the sixtieth day of such utility service failure. 14.4 Tenant shall not install any equipment which exceeds or overloads the capacity of the utility facilities serving the Demised Premises.

Utilities. Tenant shall arrange and pay the cost of for all waterfuel, gas, heat, light, power, sewerwater, sewage, garbage disposal, telephone, refuse disposaland other utility charges, and all other utilities the expenses of installation, maintenance, use, and services supplied service in connection with the foregoing, for the Premises during the Term before delinquency (or before they can become a lien on the Premises on account of non-payment thereof, if later) but in any event prior to the PremisesExpiration Date. Notwithstanding the foregoing, Tenant shall not be in default for failure to pay utility costs until Tenant has received a Minor Default Notice which includes, in all capital and bold letters, in a size no smaller than the largest print on the Minor Default Notice, the following legend: "FAILURE TO TIMELY TAKE ACTION MAY RESULT IN ENFORCEMENT ACTION” and the opportunity to cure that is afforded Tenant in the definition of Delay Fee under this Lease. Landlord's sole remedies shall be at Landlord’s option to impose a Delay Fee, and/or to pay the delinquent utility costs (including any interest and penalties), and/or specific performance, and Tenant waives all defenses, except defense of performance, in any action brought by Landlord to enforce its rights under this Section. Tenant shall make promptly reimburse Landlord for any payments for all separately metered utilitiesmade and costs incurred under this Section, when dueplus a $500 (increasing 10% at the beginning of the 11th full Lease Year and at the beginning of each 10th full Lease Year thereafter) administrative fee, directly interest at the Default Interest Rate and Legal Costs. Notwithstanding anything to the appropriate supplier. contrary, should any non-payment under this section result in a lien on the Fee Estate, then Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor remedies provided for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderProhibited Liens.

Utilities. A. Tenant shall be responsible for coordinating and paying for its utilities directly with and to utility providers. Where possible, utilities shall be separately metered and Tenant shall pay the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied such charges directly to the Premisesrespective utility company or agency. B. CITY has provided some utility infrastructure on the Airport property and Tenant has familiarized itself with such infrastructure and determined what else Tenant must install to meet Tenant’s needs. Tenant shall make payments be responsible for the construction and expense of all separately metered utilities, when due, directly utility improvements and connections on and to the appropriate supplierPremises except those that already exist on the effective date. Landlord In the event that installation of a fire hydrant is necessary in order for Tenant to have sufficient fire protection service to the contemplated Tenant Improvements, Tenant shall have be responsible for the installation of the fire hydrant and related infrastructure in compliance with all applicable codes. C. Tenant waives any and all claims against CITY for compensation for any and all loss or damage sustained by reason of any defect, deficiency, or impairment of any utility system unless such loss or damage was caused by the willful act or gross negligence of CITY. D. CITY reserves the right for itself and others to require Tenant to installexisting utility easements over, at Tenant’s sole expense, separate meters (under or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to across the Premises, Landlord shall determine and to grant necessary utility easements, provided that in the exercise of such rights causes no interference with Tenant’s equitable share thereof, based on rentable square footage, intensity of 's use of any Utility, hours the Premises except reasonable temporary interference occasioned by installation of operationfacilities associated with such easements, and such other factors as Landlord deems relevant. Tenant CITY shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds repair any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access damage to the Premises and improvements thereon caused by CITY as a result of the exercise of such reserved rights. CITY also reserves the right to utilize any existing surface and underground pipes, pumps, utility lines or hydrant systems on the electric linesPremises as are necessary to supply utility service to other portions of the Airport or to lessees thereon. When exercising its reserved rights under this paragraph, feedersexcept in the event of an emergency, risers, wiring CITY shall provide to Tenant reasonable notice of proposed changes and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason copies of any changewritten plans, failureshall reasonably coordinate with Tenant, interruption, interference or defect in and shall use best efforts to be the supply or character of the electricity or other utilities supplied least intrusive to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderoperations as commercially practicable.

Utilities. In addition to all other sums Tenant is required to pay pursuant to this Lease, Tenant shall be solely responsible for and shall pay the cost of as additional rent prior to delinquency all water, gas, heat, light, power, sewercharges for electricity, telephone, refuse disposalwater, gas (if any), heat and all any other utilities used or consumed on the Premises from and services supplied to after the date Tenant first takes possession of the Premises. Tenant shall make payments for all If the Premises are separately metered utilities, when due, by the utility service company Tenant agrees to pay all charges therefor attributable to the Lease term directly to the appropriate supplier. Landlord shall have utility service company before delinquency, whether the right statement or invoice therefor is delivered to require Tenant to installduring, at Tenant’s sole expenseor after expiration of, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement DateLease term. If any utilities or services the Premises are not separately metered or monitored with respect by the Landlord, Tenant agrees to pay all charges therefore attributable to the PremisesLease term directly to Landlord before delinquency, Landlord shall determine Tenant’s equitable share thereofwhether the statement or invoice therefore is delivered to Tenant during, based on rentable square footageor after expiration of, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevantthe Lease term. Tenant shall pay to Landlord before delinquency its equitable pro-rata share of such utilities to Landlord, the costs of any utility services that are not separately metered. Tenant’s pro-rata share shall be equal to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available ratio which Tenant’s rentable ground floor area bears to the Premises from multiple sources, Landlord shall have total rentable ground floor area which has the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunicationbenefit of, or other receives, the expense or utility service to for which Tenant is being charged. Nothing contained in this Lease shall limit Landlord in any way from granting or using easements on, across, over, and under the BuildingDevelopment for the purpose of providing utility services for Tenant or others. Tenant In no event shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage cost, liability or expense that Tenant may sustain or incur by reason of any changeperson or entity resulting from any interruption of utility services to Tenant and/or the Premises, failure, nor shall rent be offset as a result of any such interruption, interference or defect in the supply or character of the electricity or other utilities supplied unless any such utility interruption is due to the Premises. Landlord makes no representation Landlord’s gross negligence or warranty as intentional misconduct and continues for forty-eight (48) hours or more after Tenant provides written notice thereof to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderLandlord.

Utilities. To the extent permitted by applicable utility service providers, Tenant shall pay the cost transfer all utility accounts into Tenant’s name promptly upon taking possession of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied to the Premises. Tenant shall make payments pay, prior to delinquency, for all separately metered utilitiesutilities (including, when duewithout limitation, directly to the appropriate supplier. Landlord shall have the right to require Tenant to installgas, at Tenant’s sole expenseelectricity, separate meters (or water, sewer and trash), and for cable, internet and other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or similar services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereofas applicable, based on rentable square footage, intensity regardless of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to whose name the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premisesaccounts are in. Landlord makes no representation or warranty as to any utilities or services and shall not bear any responsibility or liability in connection with such utilities or services, including but not limited to liability for service interruptions. HOUSE RULES: There shall be no smoking anywhere within the suitability house, garage or any other structure located at the Premises. Tenant shall not permit any occupant, guest or invitee to violate this rule. The only use of the utility service for Premises shall be as a private residence. Other than Tenant’s requirementsimmediate family members, no other persons shall reside in the Premises without the written consent of Landlord. Up to three guests shall be permitted to stay at the Premises, but not for more than seven days without prior written approval of Landlord. No pets shall be brought or allowed on the Premises without the prior consent of Landlord, in Landlord’s sole discretion. Pet privileges, if granted, may be revoked at any time by Landlord if cleanliness or property damage issues arise. Tenant shall not keep or have at or around the Premises any item of a dangerous, flammable or explosive nature that might unreasonably increase the risk of fire or explosion at or around the Premises or that might result in increased premiums or otherwise be considered hazardous by an insurance company. Tenant shall not cause or permit any lien or encumbrance to be filed or recorded against the Premises. Tenant, its occupants, guests and other invitees shall not behave in any manner that is unlawful, disorderly or that disturbs the neighbors or other persons. A copy of the additional house rules and regulations, if any, has been provided to Tenant. Tenant shall abide by, and no such changeshall cause Tenant’s family members, failureoccupants, defectguests and other invitees to abide by all house rules, unavailability or unsuitability which are incorporated herein by reference and hereby made part of this Agreement. Tenant shall constitute any actual or constructive evictionbe solely responsible and liable for the conduct of all of Tenant’s occupants, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, guests and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderother invitees.

Utilities. SECTION 5.01. Tenant will at its own cost and expense pay for all water, sanitary sewer, gas, electricity and other utilities used in the Leased Premises and will save and hold Landlord harmless from any charge or liability for same. Except for water and sanitary sewer service, all utilities are separately metered to the Leased Premises and Tenant shall make payments directly to the suppliers of such utilities. Water and sanitary sewer service is metered in common with other occupants of the Shopping Center. Tenant shall pay the cost Water Costs (as set forth in Article I.10 hereof) for each and every month during the term of all water, gas, heat, light, power, sewer, telephone, refuse disposalthis Lease, and all other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right right, exercisable by notice to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Termterm of this Lease, electrical power or any other utility is available to adjust the monthly amount Tenant shall pay for Water Costs to more accurately reflect Landlord's estimate of Tenant's actual water usage, and additionally, Landlord may submit an invoice to Tenant for the difference between the actual cost of supplying water to the Leased Premises from multiple sources, Landlord shall have and the right at anytime and from time to time to contract for service from amount theretofore paid by Tenant during any company or companies providing electrical, telecommunication, or other utility service to the Buildingcalendar year. Tenant shall cooperate with Landlord and all providers may, at its option, install a flow meter at the Leased Premises in order to measure the amount of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to water flowing into the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Leased Premises. Landlord In such event, "Water Costs" shall in no way be liable adjusted based on Tenant's actual usage, which shall be calculated by multiplying the cost of the water flowing through the common meter by a fraction, the numerator of which is the amount of water actually flowing through the flow meter and the denominator of which shall be the amount of water flowing through the common meter. SECTION 5.02. No interruption or responsible for any loss, damage or expense that Tenant may sustain or incur by reason malfunction of any change, failure, interruption, interference utility services shall constitute an eviction or defect in the supply or character disturbance of Tenant's use and possession of the electricity Leased Premises or other utilities supplied to the Premises. a breach by Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. hereunder or render Landlord shall not be liable in for any damages or otherwise for entitle Tenant to be relieved from any failure of its obligations hereunder or grant Tenant any right of off-set or recoupment. In the event of any such interruption of any such services, Landlord shall use reasonable diligence to restore such service in any circumstances in which such interruption is caused by Landlord's fault. Notwithstanding any term or provision to the contrary contained herein, in the event that such utility serviceservices are interrupted due to the negligence of Landlord for a period longer than twenty-four (24) hours, and no provided that Tenant shall have given notice of such failure or interruption to Landlord, then to the extent that Tenant cannot and does not conduct its business in the Leased Premises due to such interruption, Minimum Rent and additional charges shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderabate until such interrupted utility services have been restored.

Utilities. (a) Commencing on the Commencement Date, and continuing throughout the Term, Tenant shall pay for utility services as follows without setoff, deduction, or counterclaim: (i) Tenant shall pay directly to the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other applicable utility service provider for any utilities and services supplied that are separately metered to the Premises; (ii) Tenant shall pay Landlord as Additional Rent for any utilities that are separately submetered to the Premises based upon Tenant’s submetered usage, as well as for any maintenance and replacement costs associated with such submeters; (iii) Tenant shall pay Landlord as Additional Rent for its proportionate share of any utilities serving the Premises that are not separately metered or submetered based upon its share of the area served by the applicable meter or submeter; and (iv) Tenant shall pay Landlord as Additional Rent for Tenant’s Share of all utilities serving the Project, excluding the costs of utilities that are directly metered or submetered to Building tenants or paid separately by such tenants (“Project Utility Costs”). As of the date hereof, to Land▇▇▇▇’▇ ▇ctual knowledge, but without prejudice to Landlord’s right to make modifications from time to time: • Electric for the Premises is paid per proportionate share and paid per subsection (iii) above. • Gas for the Premises is not provided at this time. • Water/Sewer for the Premises is paid per proportionate share and paid per subsection (iii) above. • Oil for the Premises is not provided at this time. Notwithstanding anything to the contrary in this Lease, Landlord shall have the right to install meters, submeters, or other energy-reducing systems in the Premises at any time to measure any or all utilities serving the Premises, the costs of which shall be included in Project Expenses. For those utilities set forth in subsections (ii) – (iv) above, Landlord shall have the right to estimate the utility charge, which estimated amount shall be payable to Landlord within 20 days after receipt of an invoice therefor and may be included along with the invoice for Project Expenses, provided Landlord shall be required to reconcile on an annual basis based on utility invoices received for such period. The cost of utilities payable by Tenant under this Section shall include all applicable taxes and Landlord’s then-current charges for reading the applicable meters, provided Landlord shall have the right to engage a third party to read the submeters, and Tenant shall reimburse Landlord for both the utilities consumed as evidenced by the meters plus the costs for reading the meters within 20 days after receipt of an invoice therefor. Tenant shall make payments pay such rates as Landlord may establish from time to time, which shall not be in excess of any applicable rates chargeable by Law, or in excess of the general service rate or other such rate that would apply to Tenant’s consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. If Tenant fails to pay timely any direct-metered utility charges from the applicable utility provider, Landlord shall have the right but not the obligation to pay such charges on Tenant’s behalf and bill Tenant for all such costs plus the Administrative Fee (as defined in Section 17), which amount shall be payable to Landlord as Additional Rent within 20 days after receipt of an invoice therefor. (b) For any separately metered utilities, when dueLandlord is hereby authorized to request and obtain, directly on behalf of Tenant, Tena▇▇’▇ ▇tility consumption data from the applicable utility provider for informational purposes and to enable Landlord to obtain full building Energy Star scoring for the appropriate supplierBuilding. Landlord shall have the right to require Tenant shut down the Building systems (including electricity and HVAC systems) for required maintenance and safety inspections, and in cases of emergency; provided however that, except in cases of emergency, Landlord will use commercially reasonable efforts to installschedule any shut downs of the Building systems outside Business Hours. Landlord shall not be liable for any interruption in providing any utility that Landlord is obligated to provide under this Lease, at unless such interruption or delay: (i) renders the Premises or any material portion thereof untenantable for the normal conduct of Tenant’s sole expensebusiness at the Premises, separate meters and Tenant has ceased using such untenantable portion, provided Tenant shall first endeavor to use any generator that serves the Premises or of which Tenant has the (ii) results from Landlord’s negligence or other submeterwillful misconduct; and (iii) extends for a period longer than 7 consecutive days, device or monitor for the measurement of utility usage) for any utility for in which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored case, Tenant’s obligation to pay Fixed Rent shall be abated with respect to the untenantable portion of the Premises that Tenant has ceased using for the period beginning on the 8th consecutive day after such conditions are met and ending on the earlier of: (A) the date Tenant recommences using the Premises or the applicable portion thereof; or (B) the date on which the service(s) is substantially restored. The rental abatement described above shall be Tenant’s sole remedy in the event of a utility interruption, and Tenant hereby waives any other rights against Landlord in connection therewith. Landlord shall have the right to change the utility providers to the Project at any time. In the event of a casualty or condemnation affecting the Building and/or the Premises, the terms of Sections 14 and 15, respectively, shall control over the provisions of this Section. (c) If Landlord shall determine Tenant’s equitable share thereofreasonably determines that: (i) Tenant exceeds the design conditions for the heating, based on rentable square footage, intensity of use of any Utility, hours of operationventilation, and air conditioning (“HVAC”) system serving the Premises, introduces into the Premises equipment that overloads such other factors as Landlord deems relevant. Tenant shall pay system, or causes such system to not adequately perform its equitable share proper functions; or (ii) the heavy concentration of such utilities to Landlordpersonnel, to motors, machines, or equipment used in the extent such obligation exceeds any amount thereof impounded under Section 4.5Premises, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Termincluding telephone and computer equipment, electrical power or any other utility is available to condition in the Premises from multiple sourcescaused by Tenant (for example, more than one shift per day or 24-hour use of the Premises), adversely affects the temperature or humidity otherwise maintained by such system, then Landlord shall notify Tenant in writing and Tenant shall have 10 days to remedy the situation to Landlord’s reasonable satisfaction. If Tenant fails to timely remedy the situation to Landlord’s reasonable satisfaction, Landlord shall have the right at anytime to install one or more supplemental air conditioning units in the Premises with the cost thereof, including the cost of installation, operation and from time maintenance, being payable by Tenant to time Landlord within 30 days after Landlord’▇ ▇▇▇tten demand. Tenant shall not change or adjust any closed or sealed thermostat or other element of the HVAC system serving the Premises without Landlord’s express prior written consent. Landlord may install and operate meters or any other reasonable system for monitoring or estimating any services or utilities used by Tenant in excess of those required to contract be provided by Landlord (including a system for service from Landlord’s engineer reasonably to estimate any company such excess usage). If such system indicates such excess services or companies providing utilities, Tenant shall pay Landlord’s reasonable charges for installing and operating such system and any supplementary air conditioning, ventilation, heat, electrical, telecommunication, or other utility service systems or equipment (or adjustments or modifications to the Buildingexisting Building systems and equipment), and Landlord’s reasonable charges for such amount of excess services or utilities used by Tenant. Tenant All supplemental HVAC systems and equipment serving the Premises shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access be separately metered to the Premises at Tenant’s cost, and Tenant shall be solely responsible for all electricity registered by, and the maintenance and replacement of, such meters. Landlord has no obligation to the electric lineskeep cool any of Tenant’s information technology equipment that is placed together in one room, feederson a rack, risersor in any similar manner (“IT Equipment”), wiring and Tenant waives any other machinery or equipment within the Premisesclaim against Landlord in connection with Tenant’s ▇▇ Equipment. Landlord shall in no way be liable or responsible for any loss, damage or expense have the option to require that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect the computer room and/or information technology closet in the supply or character of the Premises shall be separately submetered at Tenant’s expense, and Tenant shall pay Landlord for all electricity or other utilities supplied registered in such submeter. Within 1 month after written request, Tenant shall provide to Landlord electrical load information reasonably requested by Landlord with respect to any computer room and/or information technology closet in the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunder.

Utilities. Landlord will provide at a point available to the Premises the facilities necessary to enable Tenant to obtain for the Premises sanitary sewer, domestic water, natural gas, chilled water, telephone and electricity service, such facilities being more specifically described in Exhibit “C”. Tenant shall pay the cost be solely responsible for payment or reimbursement to Landlord of all waterutilities and services provided to the Premises, including, without limitation, gas, heat, lightwater, electricity, other power, sewerair conditioning, telephonetelephone service, refuse flora maintenance and preservation, oven and stove exhaust cleaning and air filter replacement services, premises cleaning service, interior window washing services, garbage disposal, pest control and sewerage services; provided, however, that Landlord shall not charge Tenant more than what Tenant would pay if it obtained the services directly from service providers offering comparable quality and equipment in the geographic marketplace where the Shopping Center is located (Landlord may include a service charge of up to Twenty-Five Dollars ($25) per month in the cost of utilities billed directly by Landlord). If Landlord or its designee provides Tenant with the utilities used in the Premises, Tenant shall purchase such utilities from Landlord or its designee and may not purchase such utilities from any other source. Landlord agrees, however, that the charge to Tenant for utilities furnished by Landlord shall not exceed that which Tenant would be required to pay for if Tenant purchased such utilities, with a comparable level and quality of service and equipment, directly from the local public utility company; provided however, Tenant shall also be responsible for and pay all other connection or service fees in connection with the provision to the Premises of such utilities and services supplied to the Premisesservices. All costs of providing meters or submeters shall be paid by Tenant. If applicable, Tenant shall make payments for pay all separately metered utilities, when due, utility charges directly to the appropriate supplierbilling utility company by no later than the due date specified in any bill. Landlord shall have the right to require Tenant to installmay provide heating, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which chilled water and chilled air from a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect central plant to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. in which case Tenant shall pay its equitable to Landlord (or the operator of the central plant, if applicable) Tenant’s share of the cost of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from services as reasonably determined by Landlord. If at any time during Such share shall be paid to Landlord (or plant operator) by the first day of each and every month as an Additional Charge. Impossible Kicks – Grand Canal Shoppes – 2065 – Retail Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunder.2/6/2023 (NL) (kb)

Utilities. Tenant LESSOR shall pay provide to the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposalLeased Premises the building standard facilities for heat and air conditioning for the Leased Premises, and all other utilities and services supplied also to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have common areas and facilities which LESSEE enjoys the right to require Tenant use, as required for comfortable occupancy, during 8 AM to install6 PM each business day (herein “Normal Business Hours”). LESSOR shall provide electricity to the Leased Premises (to be distributed throughout the Leased Premises however, at TenantLESSEE’s sole cost and expense). Notwithstanding the foregoing, separate meters (LESSEE shall pay all charges for electricity used on the Leased Premises. LESSEE shall pay all actual charges, without ▇▇▇▇-up or other submeterprofit to LESSOR, device for electricity used on the Leased Premises as it may be separately metered to the Leased Premises, or monitor based on LESSEE’s Allocable Percentage of the total electric ▇▇▇▇ for the measurement of utility usage) for any utility for which a separate meter is Building if not installed separately metered or if only partially separately metered to the Leased Premises (whichever or both as may be applicable), at the reasonable determination of the Commencement DateLESSOR. If LESSOR shall determine any utilities such electric charges not separately metered to the Leased Premises in a uniform and non-discriminatory manner relative to other lessees and occupants in the Building whose electric charges are not separately metered. LESSEE shall pay its electrical charges to LESSOR as invoiced by LESSOR on a monthly basis (whether based on actual or services estimated charges) within thirty (30) days of its receipt of the invoice. Within one hundred twenty (120) days of the close of each calendar year, LESSOR shall adjust the LESSEE’s prior year’s electrical payments to account for the actual and properly accrued charges, and shall issue LESSEE a refund or deficiency statement for that year, as appropriate. LESSEE shall pay any deficiency shown thereon within thirty (30) days of its receipt of said invoice. In the event of any disagreement, the parties shall engage in the negotiation and arbitration processes set forth in the last paragraph of Section 3 hereof. Any rebates due LESSEE (not contested by LESSOR) shall, in LESSOR’s reasonable discretion, be credited toward then current Rent. LESSOR shall provide copies of the relevant electric bills, and information regarding which spaces in the Building are not separately metered or monitored with respect to other lessees and occupants, to LESSEE upon LESSEE’s request. LESSOR shall maintain an average temperature in the Building between 60 degrees Fahrenheit and 80 degrees Fahrenheit at all times; and an average temperature in the Leased Premises generally between 68 degrees Fahrenheit and 76 degree Fahrenheit during Normal Business Hours. LESSOR shall make available overtime heat and air-conditioning and LESSEE shall pay as additional rent, overtime heat and air-conditioning as may be requested by LESSEE for the Leased Premises on the basis of $ 150.00 per zone (there being one zone in the office portion of the Leased Premises), Landlord per hour, (subject to increase by the same percentage amount by which the standard electric rates are increased), as billed by LESSOR. LESSEE shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use give LESSOR forty eight (48) hours prior notice of any Utility, hours of operation, requirements for specialized overtime heating and such other factors as Landlord deems relevantair-conditioning. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord LESSOR shall not be liable in damages or otherwise to LESSEE for any failure interruption, interference, damage or interruption loss to LESSEE’s research or experimentation occasioned as a result of any utility servicefailure in the heating, ventilation, air conditioning, or electrical services or other utilities servicing the Building or the Leased Premises not caused by LESSOR’s negligence, willful misconduct, or failure to use reasonably diligent efforts to restore any service interruption within its reasonable control. No plumbing or electrical work which affects the base Building systems or which requires a municipal permit or which may interfere with any other tenant in the Building shall be done without LESSOR’s approval which approval shall not be unreasonably withheld or delayed and the appropriate municipal permit and inspector’s approval. Hot and cold water for domestic type sanitary and drinking purposes and ordinary office pantry purposes (only) shall be supplied at LESSOR’s expense. There shall be separately metered and separately paid for by LESSEE, non-potable laboratory water and water for other particularized uses in the Leased Premises. LESSOR shall also provide the following services in accordance with comparable first class research laboratory and office buildings in the mid-Cambridge submarket at no such failure or interruption additional charge: (a) non-exclusive shared passenger and freight elevator service and loading dock service to the Leased Premises on a 24-hour basis, (b) base Building fire and life-safety systems; and (c) janitorial and cleaning service to common lavatories and common areas. LESSEE shall entitle Tenant not be required to terminate this Lease or ▇▇▇▇▇ pay for any utilities as aforesaid to the rent due hereunderextent the same are included in Operating Expenses.

Utilities. Tenant TENANT shall pay be responsible directly to the serving entities for all utilities required by TENANT’s use of the Leased Site, however, OWNER agrees to cooperate with TENANT in its efforts to obtain utilities from any location provided by the OWNER or the servicing utility. Should electric power be provided by OWNER, TENANT will install an electric meter and TENANT’s usage shall be read by OWNER (or, at TENANT’s option and cost, by a meter reading service selected by TENANT) on a monthly basis and the cost of all waterelectricity used by TENANT shall be paid monthly by TENANT to OWNER, gasupon thirty (30) days written notice thereof, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied to as a payment separate from Rent. OWNER may charge a reasonable meter reading fee but agrees that it will not include a markup on the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Datecharges. If any utilities or services are not separately metered or monitored with respect to the PremisesTENANT submeters electricity from OWNER, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to LandlordOWNER agrees, to the extent such obligation exceeds feasible, to give TENANT at least twenty-four (24) hours advanced notice of any amount thereof impounded under Section 4.5planned interruptions of said electricity. OWNER acknowledges that TENANT provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, within fifteen seven (157) days after receipt of a statement from Landlordper week. If at the interruption is for an extended period of time, in TENANT’s reasonable determination, OWNER agrees to allow TENANT the right to bring in a temporary source of power for the duration of the interruption. OWNER will not be responsible for interference with, interruption of or failure, beyond the control of OWNER, of such services to be furnished or supplied by OWNER. OWNER agrees to grant to any time during utility company providing utility services to TENANT, an easement for the Lease Termpurpose of constructing, electrical power or any other utility is available operating and maintaining utilities to provide such services to the Premises from multiple sourcesLeased Site. Such easement shall be in a location to be approved by OWNER, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord which approval shall not be liable in damages unreasonably withheld, conditioned or otherwise for any failure delayed. Upon TENANT’s or interruption of any a utility servicecompany’s request, and no such failure or interruption shall entitle Tenant to terminate OWNER will execute a separate recordable easement evidencing this Lease or ▇▇▇▇▇ the rent due hereundergrant.

Utilities. All charges for utilities services will be paid promptly by Tenant shall pay the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord Lessor shall not be liable for damages occurred for the failure of utilities or services occasioned by strikes, breakage of equipment, failure of source of supply, acts of God, or by any act or cause beyond the control of the Lessor. Tenant agrees to pay for gas, electricity, water, trash removal services and common utilities, including furniture removal connected to the premises, in damages addition to and in the same manner as rent, by paying for either the Tenant’s prorata share and/or fixed utility expense of the cost of gas, electricity, water, trash removal and common utilities paid by the Lessor during the previous month for the entire complex. (Tenant’s are also responsible for paying any and all utility overages such as water or otherwise for additional trash expenses (i.e. Six Day Review as mandated by the City of Boulder (See “Note” Below For Details). Tenant will pay the prorata share equal to 100% (unless indicated below) or fixed utility expense of $_95_ each month. In the event any failure or interruption of any the utility servicecompanies increase their utility rates more than 10% anytime throughout the year, and no such failure or interruption shall entitle Tenant Lessor reserves the right to terminate adjust the fixed utility expense up, in order to cover the increase. If this Lease or ▇should occur BPM will notify its Tenant(s) in writing. Lessor will ▇▇▇▇ the utility expenses to the Tenant along with the monthly rent due hereunderstatement until the expiration of the lease. At time of move-out, these utilities can not be disconnected until the move-out date, or the Tenant will be charged a $10.00 fee in addition to any unpaid utility charges. All additional utilities and services not named below (i.e. internet, cable, phone, etc.) are paid by the tenants directly to the company providing said services. If you receive a “high usage” water ▇▇▇▇ it will be the responsibility of the tenants to pay this utility ▇▇▇▇ in full. High usage can be caused from a running toilet, leaky sink etc. You will be responsible to pay this ▇▇▇▇ the month it is posted to your account. As listed below, some utility bills are to be transferred into the tenant’s name and paid directly to the corresponding utility company. If the Tenant fails to transfer the utilities into their name, Boulder Property Management will pay the utilities and ▇▇▇▇ it back to the Tenant, and will charge the Tenant an additional $25.00 fee for every month the utilities have not been transferred into the Tenant’s name.

Utilities. The Tenant shall pay for the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services used in or supplied to the Leased Premises. Tenant shall make payments for all separately metered utilities, when dueincluding without limitation water, directly to the appropriate supplier. Landlord shall have the right to require Tenant to installgas and electricity, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which the Tenant receives a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease invoice or ▇▇▇▇. If the invoice or ▇▇▇▇ is from the rent Landlord, the amount of such invoice or ▇▇▇▇ shall be paid to the Landlord forthwith, provided that the Landlord may, by notice to the Tenant, elect to estimate the amount for which the Tenant will be liable for utilities supplied to or used in the Leased Premises for a Lease Year, in which case the Tenant shall pay to the Landlord the estimated amount in equal monthly instalments on the first (1st) day of each and every month until such time as the Landlord adjusts or readjusts the estimated amount. If the invoice or ▇▇▇▇ is from a utility company, the Tenant shall pay the amount of such invoice or ▇▇▇▇ to the utility company before its due hereunderdate and shall provide the Landlord with copies of all invoices together with proof of payment. The cost of those utilities used or supplied to the Leased Premises for which the Tenant does not receive a separate invoice or ▇▇▇▇ from either the Landlord or the utility company shall be included in the calculation of Operating Costs and be paid by the Tenant in accordance with the relevant provisions of this Lease, if the Tenant fails to provide the Landlord with copies of all invoices and bills (as provided above) or fails to satisfy all such invoices and bills on or before their due dates, the Landlord, in addition to any other rights it may have under this Lease or at law, may at its sole option discontinue the supply of utilities to the Leased Premises, without any liability whatsoever to the Tenant.

Utilities. Tenant shall pay during the cost of Lease Term and prior to delinquency all charges for water, gas, light, heat, light, power, sewerelectricity, telephonetelephone or other communication service, refuse disposaljanitorial service, trash pick-up, sewer and all other utilities and services supplied to Tenant or consumed by Tenant on the PremisesPremises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall make payments arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services are not separately billed or metered to the Premises, or if any of the Services are not separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date, the cost of such Services shall be a Common Area Charge and Tenant shall pay, as Additional Rent, Tenant's proportionate share of such cost to Landlord as provided in Paragraph 12 below, except that if any meter services less than the entire Building, Tenant's proportionate share of the costs measured by such meter shall be based upon the square footage of the gross leasable area in the Premises as a percentage of the total square footage of the gross leasable area of the portion of the Building serviced by such meter. If Landlord determines that Tenant is using a disproportionate amount of any utilities commonly metered Services or services are not separately metered or monitored an amount in excess of the customary amount of any Services ordinarily furnished for use of the Premises in accordance with respect the uses set forth in Paragraph 6 above, then Landlord may elect to periodically charge Tenant, as Additional Rent, a sum equal to Landlord's estimate of the Premises, Landlord shall determine cost of Tenant’s equitable share thereof, based on rentable square footage, intensity of 's excess use of any Utilityor all such Services. The lack or shortage of any Services due to any cause whatsoever (except for a lack or shortage proximately caused by the negligent acts or willful misconduct Landlord or that of its agents, hours employees, contractors or invitees) shall not affect any obligation of operationTenant hereunder, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share faithfully keep and observe all the terms, conditions and covenants of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent and pay all Rentals due hereunder, all without diminution, credit or deduction.

Utilities. Tenant shall promptly pay the cost of all charges for electricity, water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters gas (or other submeter, device or monitor for the measurement of utility usagewhere applicable) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect furnished to the Premises, and 'Landlord shall determine may, if it so elects, furnish one or more of such services to Tenant’s equitable share thereof, based on rentable square footageand, intensity of use of any Utilityin such event, hours of operation, and such other factors as Landlord deems relevant. Tenant shall purchase such services as are tendered by Landlord and shall pay its equitable share of for such utilities to services at the rates established therefor by Landlord, to provided that such rates shall not exceed the extent rates that would be charged for the same service if furnished directly by the applicable public utility then furnishing such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlordservice. If at any time during the Lease Term, electrical power or any other utility is available extension or renewal thereof, Tenant shall fail to pay promptly any of the Premises from multiple sourcesforegoing charges, Landlord shall have the right at anytime right, but not the obligation, to pay such charge or charges for and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. on behalf of Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access amounts so paid shall be deemed to the Premises be additional rent hereunder and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur payable by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the LeaseLandlord upon demand. Landlord shall not be liable in damages the event of any interruption in the supply of utilities, including without limitation, any heating and air conditioning if provided. Tenant agrees that it Will not install any equipment that will exceed or otherwise for any failure or interruption overload the capacity of any utility servicefacilities serving the Premises and that if any equipment installed by Tenant shall require additional utility facilities, the same shall be installed at Tenant's expense in accordance with plans and no such failure specifications to be approved in writing by Landlord. Landlord shall not be liable in the event of any interruption in the supply of utilities, including without limitation, any heating and air conditioning if provided. Tenant agrees that it will not install any equipment that will exceed or interruption overload the capacity of any utility facilities serving the Premises and that if any equipment installed by Tenant shall entitle Tenant require additional utility facilities, the same shall be installed at Tenant's expense in accordance with plans and specifications to terminate this Lease or ▇▇▇▇▇ the rent due hereunderbe approved in writing by Landlord.

Utilities. Utility Expenses, Common Area Utility Costs and all other sums or charges set forth in this Section 7 are considered part of Additional Rent. In addition to the Base Rent set forth in Section 3 hereof, Tenant shall pay the cost of all water, sewer use, sewer discharge fees and sewer connection fees, gas, heat, light, power, sewer, telephoneelectricity, refuse disposalpickup, janitorial service, telephone and all other utilities and services supplied billed or metered separately to the PremisesPremises and/or Tenant. Tenant shall make payments also pay Tenant's Share of any assessments or charges for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (utility or other submeter, device or monitor similar purposes included within any tax ▇▇▇▇ for the measurement Lot on which the Premises are situated, including, without limitation, entitlement fees, allocation unit fees, and/or any similar fees or charges, and any penalties related thereto. For any such utility fees or use charges that are not billed or metered separately to Tenant, including without limitation, water and refuse pick up charges, Tenant shall pay to Landlord, as Additional Rent, without prior notice or demand, on the Commencement Date and thereafter on the first (1st) day of utility usage) for any utility for which a separate meter is not installed as each month throughout the balance of the Commencement Date. If any Term of this Lease the amount which is attributable to Tenant's use of the utilities or services are not separately metered or monitored with respect to similar services, as reasonably estimated and determined by Landlord based upon factors such as size of the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, Premises and intensity of use of such utilities by Tenant such that Tenant shall pay the portion of such charges reasonably consistent with Tenant's use of such utilities and similar services ("Utility Expenses"). If Tenant disputes any Utilitysuch estimate or determination, hours then Tenant shall either pay the estimated amount or cause the Premises to be separately metered at Tenant's sole expense. In addition, Tenant shall pay to Landlord Tenant's Share of operationany Common Area utility costs, and such other factors as Landlord deems relevantfees, charges or expenses ("Common Area Utility Costs"). Tenant shall pay to Landlord one-twelfth (1/12th) of the estimated amount of Tenant's Share of the Common Area Utility Costs on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease and any reconciliation thereof shall be substantially in the same manner as specified in Section 6.4 above. The amount of Tenant's Share of Common Area Utility Costs shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, the Building and/or the Park. Tenant acknowledges that the Premises may become subject to the rationing of utility services or restrictions on utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Notwithstanding any such rationing or restrictions on use of any such utility services, Tenant acknowledges and agrees that its equitable share of tenancy and occupancy hereunder shall be subject to such utilities to rationing restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building or the Park, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant further agrees to timely and faithfully pay, prior to delinquency, any amount, tax, charge, surcharge, assessment or imposition levied, assessed or imposed upon the Premises for Tenant's use and occupancy thereof. Notwithstanding anything to the extent such obligation exceeds any amount thereof impounded under Section 4.5contrary contained herein, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sourcesif permitted by applicable Laws, Landlord shall have the right at anytime any time and from time to time during the Term of this Lease to either contract for service from a different company or companies (each such company shall be referred to herein as an "Alternate Service Provider") other than the company or companies presently providing electricity service for the Building or the Park (the "Electric Service Provider") or continue to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the BuildingElectric Service Provider at Landlord's sole discretion. Tenant shall hereby agrees to cooperate with Landlord Landlord, the Electric Service Provider, and any Alternate Service Provider at all providers of electrical, telecommunication, or other utility service times and, as reasonably necessary, shall allow Landlord Landlord, the Electric Service Provider, and such providers any Alternate Service Provider reasonable access to the Premises and to the Building's electric lines, feeders, risers, wiring wiring, and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunder.

Utilities. Tenant shall LANDLORD is responsible for providing the following utilities only: NONE. The TENANT agrees to pay the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, charges and deposits for all other utilities and services supplied TENANT agrees to the Premiseshave all accounts for utilities immediately placed in TENANT name with accounts kept current throughout occupancy. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (Garbage and or other submeter, device or monitor for the measurement of trash removal is considered a utility usage) for any utility for which a separate meter is not installed as of the Commencement Dateunder this lease. If any the utilities or services which TENANT is responsible for are not separately metered or monitored with respect to still in LANDLORD's name at the Premisestime TENANT takes occupancy, Landlord TENANT agrees that LANDLORD shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of order such utilities to Landlord, be terminated. In the event a condominium association or homeowners association is currently providing any services to the extent unit such obligation exceeds any amount thereof impounded under Section 4.5as cable, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Termsatellite TV, electrical power or any other utility is available to the Premises from multiple sourcesalarm monitoring, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electricalinternet, telecommunicationwater, sewer, trash, guarded security gate or other utility service to services and the Building. Tenant shall cooperate with Landlord association decides these services will no longer be provided, TENANT agrees and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense understands that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord LANDLORD and/or AGENT shall not be liable 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 but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation of any such services by the association shall not be construed as a prohibited practice by LANDLORD or AGENT nor shall it constitute a default under the lease. The failure of TENANT to retain and pay for essential services upon notice and demand by the LANDLORD or AGENT shall constitute a material breach of the lease. VEHICLES: Vehicle(s) must be currently licensed, owned by TENANT, registered, operational and properly parked. TENANT agrees to abide by all parking rules established now or in damages the future by LANDLORD or otherwise condo /homeowner association's rules, if applicable. No trailers, campers, vehicles on blocks, motorcycles, boats or commercial vehicles are allowed on or about the premises without LANDLORD's prior written approval. TENANT is not to repair or disassemble vehicles on the premises. Vehicles not meeting the above requirements and additional rules of LANDLORD are unauthorized vehicles subject to being towed at TENANT expense. Parking on the grass is prohibited. TENANT agrees to indemnify LANDLORD for any failure or interruption expenses incurred due to the towing of any utility service, and no such failure vehicle belonging to the guest or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ invitee of TENANT. TENANT agrees that only the rent due hereunderfollowing vehicles will be parked on the premises: _____________________________________________________________.

Utilities. Tenant shall obtain in its own name and pay directly to the appropriate supplier the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied to serving the Leased Premises. Tenant However, if any services or utilities are jointly metered with other property, Landlord shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at a reasonable determination of Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as 's proportionate share of the Commencement Date. If any cost of such utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, providers) and such other factors as Landlord deems relevant. Tenant shall pay its equitable such share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, Landlord within fifteen thirty (1530) days after receipt of a statement from Landlord's written statement. If at Without limiting the foregoing, following the Expansion Date, if any time during the Lease Term, electrical power services or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability Leased Premises are jointly metered with property outside of the utility service for Tenant’s requirementsProperty, and no Landlord shall make every effort to submeter the Leased Premises from such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Leaseproperty. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, or other Building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder; provided, however, that Landlord shall use good faith, diligent efforts to restore such services or utilities as soon as possible. Notwithstanding the foregoing, in the event that (a) an interruption of utility service to the Leased Premises is due to Landlord’s negligence or intentional wrongful acts, (b) the restoration of such utility service is within Landlord's control, and (c) such interruption renders all or a portion of the Leased Premises untenantable (meaning that Tenant is unable to use, and does not use, such space in the normal course of its business for the Permitted Use) for more than three (3) consecutive business days, then Minimum Annual Rent shall ▇▇▇▇▇ proportionately with respect to the rent due hereunderportion of the Leased Premises rendered untenantable on a per diem basis for each day after such three (3) business-day period during which such portion of the Leased Premises remains untenantable. Such abatement shall be Tenant's sole remedy for Landlord's failure to restore service as set forth above, and Tenant shall not be entitled to damages (consequential or otherwise) as a result thereof.

Utilities. Tenant shall If required, Lesee agrees to place all utilities for which they are responsible in their name prior to receiving occupancy of the premises. The Lesee agrees to pay the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, related deposits and charges on the lesee’s utility bills directly to the appropriate supplierutility or service provider within the time frame set forth in the invoice therefor . Landlord The Lesee shall have the right to require Tenant to installnot allow utilities, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlordthan cable TV, to the extent such obligation exceeds be disconnected by any amount thereof impounded under Section 4.5, within fifteen means (15) days after receipt including non-payment of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ ) until the rent due hereunderend of the Lease term or renewal period. The Lesee agrees to reimburse the Owner for any utility bills paid by the Owner during the Lesee’s responsibility under the Lease within two (2) working days of receiving demand for payment from the Owner. Utilities shall be used only for normal household purposes and not wasted. Notwithstanding anything to the contrary contained herein, Owner has arranged to have an electric meter installed to measure Lesee’s electric usage and has entered into an Agreement with a private company for the purpose of reading such meters and invoicing Lesee for Lesee’s electric usage and related fees for that usage and for Lesee’s pro-rata share of the electric usage and cost to serve the common areas of the Development. Lesee agrees to pay for such electricity charges including its pro-rata share of the common area costs (which may include taxes, service fees, administrative fees, security deposits, connection fees, final billing fees, infrastructure installation costs, and maintenance fees) and to remit payment directly to the relevant private billing company. It is understood and agreed between Owner and Lesee that, in the event such payments are not made when due, it shall be considered a substantial default under the lease, and Lesee agrees that utilities may be disconnected for non-payment where permitted by law. OCCUPANT AGREES THAT NEITHER OWNER NOR THE PRIVATE COMPANY PROVIDING SUCH METER READING AND BILLING SERVICES TO OWNER IS OPERATING AS A PUBLIC UTILITY BY ARRANGING FOR THE SERVICES SET FORTH HEREIN, AND NOTHING HEREIN SHALL CAUSE OWNER OR SUCH PRIVATE COMPANY TO BE, OR BE DEEMED TO BE, A PUBLIC UTILITY. Lesee shall maintain an interior temperature of the premises of at least 60 degrees Fahrenheit. Violation of this provision is a material breach of your lease and may subject you to eviction or other remedies available to Lessor under lease agreement.

Utilities. Tenant shall pay pay, directly to the cost appropriate supplier, all costs of all waternatural gas, gaselectricity, heat, light, power, sewersewer service, telephone, water, refuse disposal, disposal and all other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilitiesIf at any time, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (any services or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premisesjointly metered, Landlord shall determine make a reasonable determination of Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, thereof and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlordshare, to the extent such obligation exceeds any amount thereof impounded under Section 4.5as Additional Rent hereunder, within fifteen (15) days after receipt of a statement an invoice from Landlord. If at any time during The current utility service providers (each such company shall hereinafter be referred to as a “Current Service Provider”) are utility companies selected by Landlord to provide service for the Lease TermPremises. Notwithstanding the foregoing, electrical power or any other utility is available to the Premises from multiple sourcesif permitted by law, Landlord shall have the right at anytime any time and from time to time during the Term to either contract for service from a different company or companies providing service (each such company shall hereinafter be referred to as an “Alternate Service Provider” provided that such Alternate Service Provider provides equal or better service at a comparable cost and the change does not result in an interruption of service) or continue to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the BuildingCurrent Service Provider. Tenant shall cooperate with Landlord Landlord, the Current Service Provider and any Alternate Service Provider at all providers of electrical, telecommunication, or other utility service times and, as reasonably necessary, shall allow Landlord Landlord, Current Service Provider and such providers any Alternate Service Provider reasonable access to the Premises and to the Premises’ electric lines, feeders, risers, wiring wiring, and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage damage, or expense that Tenant may sustain or incur by reason of any change, failure, interruptioninterference, interference disruption, defect, unavailability or defect unsuitability in the supply or character of the electricity or other utilities supplied energy furnished to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, interference disruption, defect, unavailability unavailability, or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of from any of its obligations under the Lease. Notwithstanding the foregoing, in the event such failure, interference, disruption, defect, unavailability or unsuitability: (i) is directly caused by the negligence or willful misconduct of Landlord shall not or Landlord’s agents, employees or contractors, (ii) causes the Premises to be liable in damages or otherwise for any failure or interruption of any utility serviceuntenantable, and no such failure or interruption shall entitle (iii) causes Tenant to terminate this Lease or ▇be unable to conduct its business at the Premises for three (3) consecutive business days, the Base Rent and Additional Rent shall a▇▇▇▇ from the rent due hereunderdate of the untenantability until the earlier of the date Premises are again tenantable or the date Tenant begins conducting its business from the Premises.

Utilities. Tenant shall will pay the cost of all waterconnection fees, gasservice fees, heat, light, power, sewer, telephone, refuse disposalusage fees, and all other costs and fees for all utilities and services supplied to the PremisesProperty (for example, electricity, gas, water, wastewater, garbage, telephone, alarm monitoring systems, cable, and Internet connections). Unless provided by Landlord, Tenant must, at a minimum, keep the following utilities on, if available, at all times this Lease is in effect: gas, electricity, water, wastewater, and garbage services. Before signing this Lease, Tenant should determine if all necessary utilities are available to the Property and are adequate for Tenant's use. a. Tenant agrees to pay any and all related deposits and transfer charges that are required by the utility companies servicing the property. Tenant shall make payments transfer into Tenant's name or account, effective on or before the Lease Start Date, all utilities serving the Premises that are to be paid for all separately metered utilities, when due, by Tenant. b. Utilities that are to be placed in the tenant’s name and are payable directly to the appropriate supplierservice providers include: c. Tenant will pay a monthly fee in the amount of $ that will satisfy their obligation for the following utilities, which will be maintained in the landlord’s name: d. There shall be a $50.00 per invoice charge for processing utility bills and payments for those tenants who have failed to put the utilities in their name or have failed to make their utility payments on time. Landlord Any unpaid utilities due to landlord by the tenant shall be considered rent due under the terms of this lease agreement. e. Tenant shall NEVER have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter utilities shut off while this lease is not installed as of the Commencement Datein effect. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇▇ agrees that a copy of this Lease, at the rent due hereunderoption of Management, may be provided to any public or private utility company providing services to the property and Management shall be entitled to receive notice of any delinquent billing or cut-off notice from said utility company without the consent or prior notice to the Tenant. If, for any reason, ▇▇▇▇▇▇ has the utilities turned off, Management will charge a reconnect fee of $50.00 per utility plus any utility company charge.

Utilities. Tenant Seller shall pay the cost of terminate all water, gas, heat, light, power, sewer, telephone, refuse disposal, power and all other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement Property, effective as the Close of utility usage) for any utility for which a separate meter is not installed as of the Commencement DateEscrow. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to LandlordUtility meters will be read, to the extent such obligation exceeds any amount thereof impounded under Section 4.5that the utility company will do so, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Termdaylight hours on the calendar day immediately before the Closing, electrical power or any other with charges accruing before the Operations Cutoff Time paid by Seller and charges accruing thereafter paid by Purchaser. Prepaid utility is available to charges shall be prorated on the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract Closing Statement. Charges for service from any company or companies providing electrical, telecommunicationutilities which are unmetered, or other utility service to charges for the Building. Tenant shall cooperate with Landlord meters which have not been read by the Closing, will be prorated between Purchaser and all providers of electrical, telecommunication, or other utility service and, Seller as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied Operations Cutoff Time, and an adjustment to any determinations made by the Premises. Landlord makes no representation or warranty utility companies necessary to reflect actual operations as to the suitability of the Operations Cutoff Time if reasonably estimatable or, if not after the Closing based upon utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇bill▇▇▇▇ ▇▇▇eived after the rent due hereunderClosing in which case Seller or Purchaser, as appropriate, shall, upon receipt, submit a copy of the utility bill▇▇▇▇ ▇▇▇ any such charges to the other party and such party shall pay its pro rata share of such charges to the party requesting payment within seven (7) calendar days alter the date of any such request. Seller shall be credited and Purchaser debited for all deposits previously made by Seller which the utility company in question will apply to Purchaser's account. Purchaser shall be responsible for replacing and/or paying, on or before the Closing, all deposits which will not be applied by utility companies for Purchaser's account or which are otherwise required by utility companies in order to continue service at the Property for periods after the Operations Cutoff Time and shall take any other action and make any other payments required to assure uninterrupted availability of utilities at the Property for all periods after the Closing. Purchaser agrees that as of or after the Closing, all utility deposits previously made by Seller which are not applied to Purchaser's account may be refunded directly to Seller by the utility company holding same.

Utilities. Tenant LESSOR agrees to provide, at its sole expense, the connections to the Leased Premises for sewer, water, electricity, natural gas and telephone service; but LESSEE shall pay the cost of for all charges for water, gas, heat, lightlight power, powertelephone, sewer, telephone, refuse disposal, fire sprinklers and all other utilities and services supplied to used on or from the Leased Premises, together with any taxes, assessments, deposits, surcharges or other additional charges, penalties or the like pertaining thereto and any repair and maintenance charges for utilities exclusively serving the Leased Premises, and LESSEE shall furnish all electric light bulbs and tubes and elements. Tenant shall make payments for all If any such services are not separately metered utilitiesto LESSEE, when dueLESSEE shall pay its Proportionate Share (which amount shall be adjusted for any disproportionate user[s]) of the cost of such services pursuant to Articles 4.D. and 4.E. of all charges jointly metered with other tenants of the Building; provided, directly to the appropriate supplier. Landlord however, LESSOR shall have the right to require Tenant to install, charge LESSEE with a greater share of the cost of such services on an equitable basis following written verification of same or a sub meter placed in the Leased Premises at TenantLESSEE’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any LESSEE is using a disproportionately large amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available services in relation to the Premises from multiple sources, Landlord shall have other tenants of the Building and/or project. LESSOR reserves the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of cause any of its obligations under the Leasesaid services to be separately metered to LESSEE at LESSEE’s sole expense. Landlord LESSOR shall not be liable in damages or otherwise pay for any interruption, re-establishment or failure of utility services to the Leased Premises. A. Notwithstanding anything to the contrary contained in this Article 12, if by reason of the intentional act or interruption omission or negligence of LESSOR, its agents, employees or contractors (not included in the provisions of this Paragraph 12.A. is any action (whether direct or indirect) of any utility servicemunicipality, utility, other tenant in the Building or any other third party which results in an interruption or discontinuance in LESSEE’s utilities or other services) there is an interruption or discontinuance in the utilities furnished by LESSOR or other services LESSOR is required to provide under this Lease which results in LESSEE being unable to conduct business from all or a substantial portion of the Leased Premises, and no LESSEE does in fact cease the conduct of business in the Leased Premises or such failure or interruption substantial portion thereof for a period in excess of two (2) consecutive business days, then rent shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ beginning on the third (3rd) consecutive business day of the interruption or discontinuance and ending on the services are restored such that LESSEE is again reasonably able to conduct business at the Leased Premises or such portion thereof. Such abatement shall be in an amount bearing the same ratio to the total amount of rent due hereunderfor such period as the portion of the rentable square feet of the Leased Premises from which LESSEE is unable to and does not conduct business from time to time bears to the rentable square feet of the entire Leased Premises, it being acknowledged that LESSEE may be unable to conduct business from portions of the Leased Premises, even if not directly affected by an interruption or discontinuance of services, if they cannot be occupied for the conduct of LESSEE’s business as a result of an interruption or discontinuance of services to other areas of the Leased Premises which are critical to LESSEE’s business operations.

Utilities. Landlord agrees to provide Building standard water, gas and electricity service connections to the Building. Tenant shall pay to bring such utilities to the cost of Premises and for all water, gas, heat, light, power, telephone, sewer, telephone, refuse disposal, sprinkler charges and all other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (used on or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to from the Premises, together with any taxes, penalties, surcharges or the like pertaining thereto and any maintenance charges for utilities, as well as shall furnish all electric light bulbs and tubes. Landlord shall determine and Tenant acknowledge and agree that all utility services other than water serving some portions of the Premises are separately metered to the Premises and are in Tenant’s equitable share thereof, based on rentable square footage, intensity of use name. All costs associated with the provision of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, water to the extent such obligation exceeds any amount thereof impounded under Section 4.5Premises that is not billed directly to Tenant will, at Landlord’s option, either: (a) be billed directly by Landlord to Tenant and paid by Tenant within fifteen (15) 30 days after receipt of a statement from Landlordsuch billing; or (b) included as part of Basic Costs and paid by Tenant in accordance with the provisions of Exhibit C attached hereto. If at The failure by Landlord to any time during the Lease Term, electrical power or any other utility is available extent to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunicationfurnish, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers interruption or termination of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements alterations or entitle Tenant any other cause shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to any an abatement or diminution of rent, or nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof Tenant shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, wiring, and any other machinery within the Premises. Notwithstanding anything to the contrary contained in this Section 6, if (i) Landlord or its employees, agents or representatives is the sole and direct cause of any interruption of water, gas or electricity to the Premises which continues for five (5) consecutive Business Days, (ii) the restoration of such service is reasonably within the control of Landlord, (iii) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use all or a material portion of the Premises in the normal course of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility servicebusiness), and no (iv) Tenant in fact ceases to use the Premises, or material portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Base Rent and Additional Rent payable with respect to such failure or portion of the Premises which is untenantable during the period beginning on the sixth (6th) consecutive Business Day of such interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ and ending on the rent due hereunderday when the service in question has been restored.

Utilities. The Landlord and the Tenant agree that the responsibility for making all of the arrangements necessary to furnish the utilities, including having billing in his or their names, shall be assigned as set forth in Schedule A. Utility bills paid for by Landlord on Tenant’s behalf will be subject to a $15 administrative fee per billing period per utility. The Tenant will pay the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and bills as listed on Schedule A. The Tenant will furnish all other utilities and services supplied agree to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly arrangements necessary to the appropriate supplier. Landlord shall furnish these utilities and to have the right billing in their name. Failure to require obtain and maintain these basic utilities will be considered a violation of this Lease and will be grounds for eviction. Any extraneous utilities such as phone, cable TV, etc., are optional and are the full responsibility of the Tenant to install, at and must be in Tenant’s sole expense, separate meters (or other submeter, device or monitor for name. In the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any case where utilities or services are not separately metered or monitored with respect charged to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or one ▇▇▇▇, the Tenant will be provided with a ▇▇▇▇ statement each month depicting the rent due hereunderutility amount charged to that unit. The charges are calculated based on the number of Tenants in each unit divided by the total number of Tenants for the entire building. The number of Tenants is always the number of individuals signed on a lease. Water ▇▇▇▇: Tenants whose rental unit consists of a complete house: “Tenant is totally responsible for all charges for water, sewage disposal, and storm sewer services furnished to the premises by the City of ▇▇▇ Arbor. Tenant understands that no service shall be commenced to the above address until there has been deposited with the Utilities Department a sum sufficient to cover twice the average quarterly ▇▇▇▇ ($ minimum) and a copy of this lease including any requirement for additional deposit. Tenant agrees that if any quarterly ▇▇▇▇ exceeds the average ▇▇▇▇ for that quarter by 50% or more, Tenant will increase the deposit to an amount equal to twice the amount of that quarter’s ▇▇▇▇. The increased deposit must be provided within 10 calendar days of the City’s mailing of the notice to Tenant. Tenant understands that payment of charges for water, sewage disposal, and storm sewer services including any requirement for additional deposit, may be enforced by discontinuing the services to the premises. If there is not a remote readout device, Tenant agrees that lessor/owner may provide the Utilities Department with a key to the premises to have access to the water meter. Tenant further consents to entry by the Utilities Department to the premises for purposes related to access the water meter. Tenant agrees that for purposes of entry for access to the water meter, any notices for entry required from the Landlord/Owner under City Code Section 8:529 (I) may be issued by and in the name of the City of ▇▇▇ Arbor Utilities Department. Tenant agrees that if entry is refused, the City may immediately shutoff service to the premises.”

Utilities. (a) Tenant shall pay for the cost use of all waterelectrical, gas, heatwater, light, power, sewer, telephone, refuse disposal, sewer and all other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the BuildingLeased Premises. Tenant shall cooperate be billed directly by each such utility (except water which may at Landlord’s election be separately metered and billed to Tenant) and Tenant agrees to pay each such ▇▇▇▇ promptly in accordance with its terms. In the event that for any reason Tenant cannot be billed directly, Landlord shall forward each ▇▇▇▇ with respect to the Leased Premises to Tenant and all providers Tenant shall pay it promptly in accordance with its terms. Notwithstanding anything contained herein to the contrary, if Tenant cannot be separately metered for any reason, Tenant shall pay Landlord as Additional Rent and in monthly installments at the time prescribed for monthly installments of electricalBase Rent, telecommunicationan annual amount, or other as estimated by Landlord from time to time, which Tenant would pay for such utility service and, as reasonably necessary, allow Landlord and such providers reasonable access if the same were separately metered to the Leased Premises by the local utility company and billed to the electric lines, feeders, risers, wiring and any other machinery or equipment within the PremisesTenant at such company’s current rates (including applicable taxes). Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason The cost of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities utility service supplied to the Project or Common Areas by Landlord shall be included in Operating Costs. (b) In the event Tenant does not directly pay the bills for water used in the Leased Premises, Tenant shall not waste or permit the wasting of water, nor shall Tenant use water for purposes other than drinking, lavatory, laboratory or toilet purposes through fixtures installed by Landlord or by Tenant, with Landlord’s consent. Tenant shall pay Landlord makes no representation for domestic water and hot water furnished or warranty used for any other purpose as to the suitability of the utility service for Additional Rent, at reasonable rates fixed by Landlord, and, in connection therewith, Landlord may require tenant at Tenant’s requirementscost to install a submeter to measure Tenant water usage. Tenant shall not introduce into the sewer system any harmful or dangerous substances and shall not overload the sewer system by abnormal usage. (c) Tenant agrees that Landlord shall not be liable in damages, and no by abatement of rent or otherwise, for failure to furnish or for a delay in furnishing any service or utility, whether the responsibility of Landlord or others, if such change, failure, defect, unavailability failure or unsuitability shall constitute any actual or constructive evictiondelay is occasioned, in whole or in part, by repairs, renewals or entitle improvements authorized by this Lease, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water or other fuel at the Building or Project after reasonable effort so to do, by any accident or casualty whatsoever, by the act or default of Tenant to any abatement or diminution of rentother parties, or by any other cause beyond the reasonable control of Landlord; and such failures or delays shall never be deemed to constitute an eviction or disturbance of the Tenant’s use and possession of the Leased Premises or relieve the Tenant of from paying rent or performing any of its obligations under the this Lease. Notwithstanding the foregoing: (i) in the event that Landlord is unable to supply any of the Building’s sanitary, electrical, heating, air conditioning, water, elevator, life safety or other essential systems serving the Premises (collectively, the “Essential Services”), and such inability is the result of an occurrence within Landlord’s reasonable control and materially impairs Tenant’s ability to carry on its business in the Leased Premises for a period of five (5) consecutive business days, the Base Rent shall be abated commencing with the sixth (6th) business day of such material interference with Tenant’s business, based upon the extent to which such inability to supply Essential Services materially impairs Tenant’s ability to carry on its business in the Leased Premises. Such abatement shall continue until the Essential Services have been restored to such extent that the lack of any remaining services no longer materially impairs Tenant’s ability to carry on its business in the Leased Premises. Tenant shall not be liable in damages entitled to such an abatement to the extent that Landlord’s inability to supply Essential Services to Tenant is caused by Tenant, its employees, contractors, agents, licensees or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderinvitees.

Utilities. Tenant a. LESSEE shall pay all costs for utility services (whether for installation, reimbursement, service, administration, connection, or maintenance thereof) used by LESSEE at or upon the cost of Premises with no responsibility or expense accruing or ascribed to LESSOR, including all waterpermits, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied to the Premiseslicenses or authorizations necessary in connection therewith. Tenant Such payments by LESSEE shall make payments for all separately metered utilities, when due, be made directly to the appropriate supplier. Landlord shall have utility supplier or service provider, except that if such utilities should be supplied by the right to require Tenant to installLESSOR, at Tenant’s sole expensethen in this event, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant LESSEE shall pay its equitable share of such utilities those costs to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, LESSOR within fifteen thirty (1530) calendar days after receipt of a statement from LandlordLESSOR’s invoice. LESSOR agrees that any such costs invoiced to LESSEE will be based on the rates charged to LESSOR by utility supplier, plus reasonable capital and administrative recovery costs. If at any time during LESSEE is allowed by LESSOR to encroach over areas reserved for installation and operation of utilities, then LESSEE shall bear all responsibility for restoration of LESSEE’s own property in case of repairs by the Lease TermLESSOR or the utility owner. b. The LESSEE agrees to indemnify and hold LESSOR harmless, electrical power in LESSOR’S capacity as utility provider, for defects, failures, or any other reduced, diminished, or cessation of service furnished by LESSOR or its suppliers, and LESSOR further reserves the right to temporarily terminate the supply, or shutdown utilities to, from, or upon the leased Premises if reasonably necessitated for purposes of repairs, replacement, modifications, extensions, or threats to public health, welfare, and safety. c. The LESSOR reserves for itself, and its utility providers, the right to upgrade, extend, install, maintain and repair all utilities and services on or across the Premises, whether or not such d. Any utilities designed and installed by LESSEE is available subject to the Premises from multiple sourcesexpress approval of the LESSOR prior to installation. All utilities, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing including but not limited to, electrical, telecommunicationgas, data and communications utilities installed or other utility service caused to the Building. Tenant be installed shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirementsunderground, and no such changeutility services or other cables or wires shall be installed on poles or otherwise above ground. Unless otherwise provided in this Agreement, failureall conduits or ducts installed shall be considered fixtures as defined under Section 42 TITLE TO FACILITIES, defectIMPROVEMENTS AND FIXTURES, unavailability or unsuitability and shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution become the owned property of rent, or relieve Tenant LESSOR. All utility facilities installations shall meet the requirements of any Section 21 FUTURE ALTERATIONS AND IMPROVEMENTS of its obligations under this Agreement. e. Wastes not legally permitted and authorized for disposal into the Lease. Landlord storm and/or sanitary drainage system shall not be liable in damages discharged, connected or otherwise for introduced into storm and/or sanitary drains and the storm and/or sanitary drainage system. LESSEE shall take all reasonable precautions to prevent the discharge of material into any failure drainage system that would create interference with the flow therein, or interruption that would cause a hazard or unlawful contamination thereto. A copy of any utility service, LESSEE’S Stormwater Pollution Prevention Plan and no such failure or interruption Spill Prevention Control and Countermeasure Plan shall entitle Tenant be submitted to terminate this Lease or ▇▇▇▇▇ the rent due hereunderLESSOR upon the LESSOR’S request.

Utilities. Tenant shall pay pay, directly to the cost appropriate supplier (except as otherwise set forth in this Section), all costs of all waternatural gas, gaselectricity, heat, light, power, sewersewer service, telephone, water, refuse disposal, disposal and all other utilities and services supplied to the Premises. Tenant shall make payments The utilities for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services water and exterior lighting are not separately metered or monitored with respect to for the Premises, Premises and Landlord shall determine Tenant’s equitable make a reasonable determination ofTenant's share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. ofsuch utilities thereofand Tenant shall pay its equitable share of such utilities to Landlordshare, to the extent such obligation exceeds any amount thereof impounded under Section 4.5as Additional Rent hereunder, within fifteen (15) days after receipt of a statement an invoice from Landlord. If at any time during The cun-ent utility service providers (eac h such company shall hereinafter be referred to as a "Current Service Provider") are utility companies selected by Landlord to provide service for the Lease TermPremises. Notwithstanding the foregoing, electrical power or any other utility is available to the Premises from multiple sourcesif permitted by law, Landlord shall have the right at anytime any time and from time to time during the Term to either contract for service from a different company or companies providing service ( each such company shall hereinafter be referred to as an "Alternate Service Provider") or continue to contract for service from the Current Service Provider, provided that the rates for services do not increase as the result of any company or companies providing electrical, telecommunication, or other utility service to the Buildingsuch change. Tenant shall reasonably cooperate with Landlord Landlord, the Current Service Provider and any Alternate Service Provider at all providers of electrical, telecommunication, or other utility service times and, as reasonably necessary, shall allow Landlord Landlord, Current Service Provider and such providers any Alternate Service Provider reasonable access to the Premises and to the Premises' electric lines, feeders, risers, wiring wiring, and any other machinery or equipment within the Premises, provided that such access shall not unreasonably interfere with the operation ofTenant's business in the Premises. Landlord shall in no way be liable or responsible for any loss, damage damage, or expense that Tenant may sustain or incur by reason of any ofany change, failure, interruptioninterference, interference disruption, defect, unavailability . or defect unsuitability in the supply or character of the electricity or other utilities supplied ofthe energy furnished to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirementsPremises ( each, a "Service Failure"), and no such change, failure, defect, unavailability or unsuitability Service Failure shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of from any of its obligations under the Lease. Notwithstanding anything herein to the contrary, if the Premises, or any portion of the Premises, is made untenantable for a period in excess of three (3) consecutive business days as a result of a Service Failure caused by the negligence or willful misconduct of Landlord or any Landlord Indemnified Party (as hereinafter defined), then Tenant shall not be liable in damages or otherwise for any failure or interruption of any utility serviceentitled to receive an abatement ofRent payable hereunder during the period commencing on the fourth ( 4th) day ofsuch Service Failure oruntenantability, as the case may be, and ending on the day such Service Failure bas been fully remedied such that the Premises, or such affected portion thereof, are no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunder.longer 781999_9 10

Utilities. Tenant shall pay be responsible for payment all utilities (including without limitation water, LexServ sanitary sewer & water quality management fee, gas, electric, trash removal, internet, cable TV, and telephone) on the premises, except for any of the following that are checked, which shall be the responsibility of Landlord: Water LexServ sewer LexServ WQMF LexServ landfill Internet Cable TV X (except 127 Gazette, 171 Gazette, 135 Transcript, and 145 Transcript) X (except 127 Gazette, 171 Gazette, 135 Transcript, and 145 Transcript) X (except 127 Gazette, 171 Gazette, 135 Transcript, and 145 Transcript) X (except 805 Press and 330 Rose) X (except 805 Press and 330 Rose) Electric (except ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇) Gas (only applicable for127 Gazette and ▇▇▇▇▇▇ Ave / Royalty Ct) Landlord’s provision of internet & cable TV is through Spectrum (formerly Time Warner Cable) only encompasses basic service. Tenant is responsible for contacting Spectrum to establish an account for the purpose of acquiring any necessary equipment to receive services. There should be no charge to Tenant’s Spectum account so long as only basic service (standard / starter TV service with a DTA mini box and standard high- speed internet service with a standard non-WIFI modem) is requested. Any extra “bells & whistles” (for example, a DVR, movie channels, WIFI internet) will result in a charge to Tenant’s Spectrum account. All utilities that are the responsibility of Tenant hereunder shall be transferred to the Tenant within three (3) working days of executing this Lease or before taking possession, whichever shall occur last. Failure to comply with this provision shall be a material breach of this Lease and entitled Landlord to immediately terminate this Lease, recover possession of premises, and to recover reimbursement for any utility expenses paid, the cost of all waterwhich shall be borne by the Tenant. In the event Landlord pays such utility(ies) for one or more months, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied such payment shall not be considered a waiver of Landlord’s rights under this section. If Tenant fails to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at transfer utility(ies) into Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment name within the Premises. time frame specified above, then there will be a $50 penalty payable to Landlord shall in no way be liable or responsible addition to reimbursing Landlord for any loss, damage or expense that Tenant may sustain or incur by reason utility expenses incurred from start of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Leaselease agreement. Landlord shall not be liable in for any claim of damages or otherwise for charges of any failure or kind whatsoever in the event of interruption of any utility (including without limitation, supply of water, heat, electric current, gas service, and no such or refrigeration) caused by failure of power supply, nonpayment of resident, or interruption any other cause. Any loss or reduction in services shall entitle Tenant to not terminate this Lease lease or ▇▇▇▇▇ reduce the amount of rent due hereunderto Landlord, except as provided by law.

Utilities. Tenant LESSOR shall provide at LESSOR's expense the building standard facilities for heat, ventilation, and air conditioning for the Leased Premises, and the common areas and facilities which LESSEE enjoys the right to use, as required for comfortable occupancy, during 8 AM to 6 PM each weekday, other than national or state holidays (herein "Normal Business Hours"). Any change in such hours by LESSOR for the Building generally shall inure as well to the benefit of the LESSEE. LESSOR shall provide electrical connections to the Leased Premises for general office, research, and laboratory purposes, pursuant to its build-out obligations set forth on Exhibit C hereto. If any operations or activities in the Leased Premises use electricity in excess of amounts customarily required for office purposes, LESSOR, in its discretion and at its expense, may install submeters to measure such usage separately. Notwithstanding any separate direct metering or general allocation, LESSEE shall pay all such charges for electricity used on the cost Leased Premises as it may be separately metered, or absent separate meters to the whole or part of the Leased Premises (for whatever reason) based on tenant's Allocable Percentage of the total electric ▇▇▇▇, whichever or both as may be applicable, at the determination of the LESSOR. LESSOR shall determine said electrical charges in a uniform and non-discriminatory manner relative to other lessees in the Building similarly situated; and LESSEE shall pay its proportional share of said charges relative to all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services occupied space which is not billed to tenants on a separately metered basis. All such charges shall be based on the rates at which LESSOR is charged for electricity supplied to the PremisesBuilding by the utility company. Tenant LESSOR shall maintain an average temperature in the Building between 60 degrees Fahrenheit and 80 degrees Fahrenheit at all times and an average temperature in the Leased Premises generally between 68 degrees Fahrenheit and 76 degrees Fahrenheit during Normal Business Hours. LESSOR shall make payments for all separately metered utilitiesavailable heat, when dueventilation, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor and air-conditioning as may be requested by LESSEE for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, Leased Premises during hours of operationother than Normal Business Hours ("Overtime HVAC"), and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities (subject to Landlord, to increase by the extent such obligation exceeds any same percentage amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during by which the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and standard electric rates are increased from time to time to contract for service from any company or companies providing electrical, telecommunication, or other by the utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service andcompany), as reasonably necessary, allow Landlord and such providers reasonable access to the Premises billed by LESSOR and to the electric lines, feeders, risers, wiring and any other machinery or equipment be paid by LESSEE within the Premisesthirty (30) days of said invoice. Landlord LESSEE shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason give LESSOR 24 hours prior notice of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premisesrequirements for specialized overtime heating and air conditioning. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord LESSOR shall not be liable in damages to LESSEE for any interruption, interference, damage or otherwise for loss to LESSEE's business, research or experimentation occasioned as a result of any failure or interruption in the heating, ventilation, air conditioning, or electrical services or other utilities servicing the Building or the Leased Premises; unless caused by the willful misconduct or negligence of any utility serviceLESSOR; in which case all installments of Annual Base Rent and Additional Rent shall be abated based on the amount of space within the Leased premises which is not available to LESSEE for its business activities, and no such if the failure or interruption continues for more than three (3) days after notice to LESSOR; and in which case LESSEE shall entitle Tenant have a right to terminate this Lease if said failure resulting from LESSOR's willful misconduct or ▇▇▇▇▇ negligence continues for more than sixty (60) days after notice to LESSOR). No plumbing or electrical work of any type shall be done without LESSOR's approval which approval shall not be unreasonably withheld or delayed and the rent due hereunderappropriate municipal permit and inspector's approval. Hot and cold water for domestic type sanitary purposes (only) shall be supplied by LESSOR at LESSOR's expense. LESSOR shall also supply working connections for non-potable laboratory water and water for other particularized uses in the Demised Premises; usage to be separately metered and paid for by LESSEE; and all charges for such separately metered water used by LESSEE to be based on the rate at which water/sewer charges are billed to the Building by the City of Cambridge.

Utilities. Prior to the Building B Turnover Date and Building C Turnover Date, as applicable, Landlord shall be responsible for obtaining all utility services for the Project, the cost of which shall be included in the Total Construction Costs. Commencing from and after the Building B Turnover Date and Building C Turnover Date, as applicable, Tenant shall pay the cost of for all water, gas, electricity, heat, light, powertelephone, sewer, telephone, refuse disposal, sprinkler charges and all other utilities and services supplied used at the Project with respect to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as portions of the Commencement Date. If any utilities or services are not separately metered or monitored Project in which the initial construction of the subject Work has been substantially completed (other than with respect to the PremisesLab Space, in which Tenant shall be responsible regardless of whether the work therein is substantially completed) and Landlord shall determine has delivered vacant possession thereof to Tenant (subject to any contractors or subcontractors completing such Work), together with any taxes, penalties, surcharges, connection charges, maintenance charges, and the like pertaining to Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operationthe Project, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have no responsibility whatsoever in connection with the right foregoing. Following the Building B Turnover Date and Building C Turnover Date, as applicable, Tenant, at anytime its expense, shall obtain all utility services for the Project with respect to all portions of the Project in which the initial construction of the subject Work has been substantially completed (other than with respect to the Lab Space, in which Tenant shall be responsible regardless of whether the work therein is substantially completed) and from time Landlord has delivered vacant possession thereof to time Tenant (subject to contract any contractors or subcontractors completing such Work), including making all applications therefor, obtaining meters and other related equipment, and paying all deposits and connection charges. Landlord shall not be liable for service from any company interruption or companies providing electrical, telecommunication, or other failure of utility service to the Building. Tenant shall cooperate with Landlord Project, and all providers such interruption or failure of electrical, telecommunication, or other utility service andshall not be a constructive eviction of Tenant, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason constitute a breach of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in partimplied warranty, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its Tenant’s obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunder.

Utilities. (a) Tenant shall timely pay the cost of for all water, gas, electricity, heat, light, power, telephone, sewer, telephonesprinkler services, refuse disposaland trash collection, and all other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to used on the Premises, Landlord shall determine all maintenance charges for utilities, and any storm sewer charges or other similar charges for utilities imposed by any governmental entity or utility provider, together with any taxes, penalties, surcharges or the like pertaining to Tenant’s equitable share thereof, based on rentable square footage, intensity of 's use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall have no responsibilities whatsoever in connection with the foregoing. Landlord shall cause water, gas and electricity service to be separately metered to the Premises and charged directly to Tenant by the provider. Except as expressly provided in the remainder of this Paragraph 7(a), no way be liable interruption or responsible for any loss, damage failure of utilities shall result in the termination of this Lease or expense the abatement of rent. In the event that Tenant may sustain is prevented from using, and does not use, the Premises or incur by reason a substantial portion thereof as a result of any changenegligent failure by Landlord to provide utility services to the Premises, failureand such failure was not caused directly or indirectly by the negligence or willful misconduct of Tenant, interruptionits employees, interference agents or defect visitors, guests, invitees or licensees (an "Abatement Event"), then Tenant shall give written notice of such Abatement Event to Landlord. If the Abatement Event continues for three (3) consecutive business days (the "Abatement Period") after Landlord's receipt of Tenant's written notice, then Base Rent shall be abated or reduced after expiration of the Abatement Period, for such time that Tenant continues (as a result of the Abatement Event) to be so prevented from using, and does not use, the Premises or a substantial portion thereof, in the supply or character proportion that the rentable area of the electricity portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided that, subject to the foregoing provisions of this subsection, Base Rent shall be abated completely if the portion of the Premises that Tenant is prevented from using as a result of the Abatement Event, and does not use, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in fact, for that reason, conduct its business in the Premises. (b) Tenant shall, at its sole cost and expense, contract directly with a janitorial service and shall pay for all janitorial services used on or other utilities supplied to for the Premises. Landlord makes shall have no representation obligations whatsoever in connection therewith. All janitorial services and employees utilized by Tenant shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld, conditioned or warranty as delayed. (c) Notwithstanding anything to the suitability contrary contained in this Lease, Tenant agrees that Landlord, at its election, may contact any utility company providing utility services to the Premises in order to obtain data on the energy being consumed by the occupant of the Premises. Furthermore, Tenant agrees to provide Landlord with Tenant's energy consumption data reasonably obtainable within thirty (30) days after Landlord's request for the same. Tenant agrees to take such further actions as are necessary in order to further the purpose of this paragraph, including, without limitation, providing to Landlord the names and contact information for all utility service for Tenant’s requirementsproviders serving the Premises, and no such changecopies of utility bills, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle written authorization from Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any such utility servicecompany to release information to Landlord, and no such failure any other relevant information reasonably requested by Landlord or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderapplicable utility company.

Utilities. Tenant shall agrees to pay the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplierutility company all charges for utility services supplied to Tenant or the Premises; if the East Tower is not separately metered from the balance of the Project, Landlord shall, subject to the limitations set forth below in this Article 6, cause the same to be so separately metered at Landlord's sole cost and expense. Landlord shall have Notwithstanding anything to the right contrary herein, subject to require the limitations set forth below in this Article 6, Tenant to installmay, at Tenant’s sole expense's option, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, obtain electrical power or any other utility is available service to the Premises from multiple sourcesa private source. At least six (6) months prior to the expiration of the Term with respect to any portion of the Premises as a result of Tenant's election to extend the Term for the Renewal Term, New Lease Option Term or New Lease Renewal Term for less than the entire East Tower, Landlord shall have the right at anytime and from time to time to contract for service from cause any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers portion of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises which will not be subject to this Lease during the applicable renewal term to be separately metered on a floor-by-floor basis, separate and apart from the Premises which will be subject to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no this Lease during such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Leaserenewal term. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or service, and no such failure or interruption of any utility or service shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ discontinue making payments of Monthly Rental or Additional Rental, unless such failure or interruption is caused by the rent negligence or intentional misconduct of Landlord. Notwithstanding anything stated to the contrary above in this Article 6, (a) to the extent Tenant elects to obtain electrical service for the Premises from a private source, it must do so at Tenant's sole cost and expense, and (b) Tenant's obtaining electrical service from a private source is expressly conditioned upon the same not (i) materially and adversely impairing or interfering with the operation of the East Tower or the West Tower (it being acknowledged and agreed that any work by Tenant to accomplish obtaining electrical service from a private source may involve temporary interruption of service), or (ii) imposing any material cost or expense on Landlord, including, without limitation, any cost or expense not borne by Tenant hereunder arising from the need to separately meter any of the space in the East Tower not being leased by Tenant. If Tenant fails to pay when due hereunderany charges referred to in this Article 6, Landlord may pay the charge and Tenant shall reimburse Landlord, as Additional Rental, for any amount so paid by Landlord within ten (10) days after Tenant's receipt of written demand therefor.

Utilities. Landlord agrees to provide at its cost water, electricity, sewer, telephone and gas utility service connections into the premises; but Tenant shall pay the cost of for all water, gas, heat, light, power, telephone, sewer, telephone, refuse disposal, sprinkler charges and all other utilities and services supplied to it uses on the Premises. Tenant premises, together with any taxes, penalties, surcharges or the like pertaining thereto and any maintenance charges for utilities and shall make payments for furnish all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Dateelectric light bulbs and tubes. If any utilities or such services are not separately metered or monitored with respect to the PremisesTenant, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share a reasonable proportion as determined by Landlord of all actual utility charges jointly metered with other premises. Landlord hereby grants Tenant the right to install a test meter to determine Tenant's actual usage of utilities from the premises. Should such test meter conflict with Landlord's reasonable proportion of utilities to Landlordwhich are jointly metered, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, then Landlord shall have readjust such utility charges of Tenant to reflect the right at anytime test meter's reading and from time to time to contract refund any amounts it overcharged Tenant for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premisescurrent lease year. Landlord shall in no way event be liable or responsible for any lossinterruption or failure of utility services on the premises unless such is due to Landlord's, damage its agent's, employee's, contractor's or expense that Tenant may sustain invitee's intentional acts or incur by reason of any changenegligence. However, failure, interruption, interference or defect in if the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, premises is rendered untenantable in whole or in part, or entitle Tenant part due to any abatement such interruption or diminution failure of rentservices as a result of or arising from Landlord's, its agent's, employee's, contractor's or relieve Tenant of invitee's intentional acts or negligence and/or due to any of entry into the premises by, through or under Landlord, its obligations under agents, employees, contractors or invites, for more than five (5) consecutive business days then, beginning with the Lease. Landlord sixth (6th) day Tenant's rent shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ thereafter based upon the rent due hereunderextent of and for the duration of such untenantability.

Utilities. Tenant shall pay the cost of for all separately metered water, gas, heat, light, power, sewer, telephone, refuse disposaltelecommunication, sewer and all sprinkler charges and for other utilities and services supplied used on or from the Premises, together with any taxes, penalties, surcharges or the like pertaining thereto and any maintenance charges for utilities, and shall furnish all electric light bulbs and tubes. If any utilities serving the Premises are not separately metered, Tenant shall pay to Landlord its proportionate share of the cost thereof as reasonably determined by Landlord. Landlord shall in no event be liable for any damages directly or indirectly resulting from or arising out of the interruption or failure of utility services on the Premises. Tenant shall make payments for all separately metered utilitieshave no right to terminate this Lease nor shall Tenant be entitled to any abatement in Rent as a result of any such interruption or failure of utility services. No such interruption or failure of utility services shall be deemed to constitute a constructive eviction of Tenant. Notwithstanding the foregoing, when due, directly if any Essential Service (as hereinafter defined) which Landlord is required to provide to the appropriate supplier. Premises pursuant to the terms of this Section is interrupted due to the negligence or willful misconduct of Landlord (a "Service Interruption") and such Service Interruption causes all or a material portion of the Premises to be untenantable (the "Affected Space") for a period of five (5) or more consecutive business days after written notice thereof from Tenant to Landlord (the "Interruption Notice"), then, provided that Tenant shall have ceased operating in the right to require Tenant to installAffected Space, at Tenant’s sole expensethe Rent (including, separate meters (or other submeterwithout limitation, device or monitor for Base Rent and Additional Rent) shall ▇▇▇▇▇ in the measurement of utility usage) for any utility for which a separate meter is not installed as proportion that the rentable square footage of the Commencement Date. If any utilities or services are not separately metered or monitored with respect Affected Space in which Tenant shall have ceased to operate its business bears to the rentable square footage of the Premises, Landlord which abatement shall determine Tenant’s equitable share thereof, based commence on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to the sixth (6th) business day following Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after 's receipt of a statement from Landlordthe Interruption Notice and expire on the earlier of Tenant's recommencement of business operations in the Affected Space or the date that the Service Interruption is remedied. If at any time during Notwithstanding the Lease Termforegoing, electrical power in no event shall Tenant be entitled to abatement or any other utility remedy if the interruption of any Essential Service is available to caused in whole or in part by the Premises from multiple sourcesnegligence of Tenant, Landlord shall have the right at anytime and from time to time to contract for service from any company its agents, employees, contractors, licensees or companies providing electrical, telecommunication, or other utility service to the Buildinginvitees. Tenant agrees that, except as expressly set forth herein, the rental abatement described herein shall cooperate with Landlord be Tenant's sole remedy in the event of a Service Interruption and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and Tenant hereby waives any other machinery rights against Landlord, at law or equipment within the Premises. Landlord shall in no way be liable or responsible for equity, in connection therewith, including, without limitation, any lossright to terminate this Lease, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any claim an actual or constructive eviction, or to bring an action for money damages. Notwithstanding the foregoing, in whole or the event that the Service Interruption continues for a period of ninety (90) days after Landlord's receipt of the Interruption Notice and provided that Tenant shall have ceased operating in partthe Affected Space, or entitle Tenant to any abatement or diminution of rentshall be entitled, or relieve Tenant of any of as its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility servicesole and exclusive remedy, and no such failure or interruption shall entitle Tenant to terminate this Lease upon written notice to Landlord given within thirty (30) days after the expiration of such ninety (90) day period (but in any event prior to the date that the Service Interruption is remedied). For purposes of this Section, an "Essential Service" shall mean the service provided by the HVAC systems, plumbing and waste disposal systems and electrical systems (to the extent supplied by Landlord). Nothing contained herein shall limit Tenant's right to abatement in the case of a fire or ▇▇▇▇▇ other casualty or condemnation as provided in the rent due hereunder"Fire and Casualty Damage" or "Condemnation" Sections of this Lease. 11.

Utilities. (a) Commencing on the Commencement Date, and continuing throughout the Term, Tenant shall pay for utility services as follows without setoff, deduction, or counterclaim: (i) Tenant shall pay directly to the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other applicable utility service provider for any utilities and services supplied that are separately metered (not submetered) to the Premises. ; (ii) Tenant shall make payments pay Landlord for any utilities serving the Premises that are separately submetered based upon Tenant’s submetered usage, (Landlord shall be responsible for any maintenance and replacement costs associated with such submeters; the costs of which may be included in Operating Expenses); and (iii) Tenant shall pay Landlord for Tenant’s Share of Project Utility Costs, as set forth in Section 5 above. “Project Utility Costs” means the total cost for all utilities serving the Project, excluding the costs of utilities that are directly metered or submetered to Building tenants or paid separately metered utilitiesby such tenants. As of the date hereof, when dueto Landlord’s actual knowledge, directly but without prejudice to Landlord’s right to make modifications from time to time: ● Electric for the lights and plugs of the Premises is currently separately submetered, and electric for HVAC serving the Premises is paid as part of Operating Expenses pursuant to Section 5. Notwithstanding anything to the appropriate suppliercontrary in this Lease, Landlord shall have the right to install meters, submeters, or other energy-reducing systems in the Premises at any time to measure any or all utilities serving the Premises, the costs of which shall be included in Project Expenses. For those utilities set forth in subsection (ii) above, Landlord shall have the right to either invoice Tenant for such utilities separately as Additional Rent (payable within 30 days after receipt of an invoice therefor), or include such utilities in amounts due as Project Expenses. Landlord shall have the right to require Tenant estimate the utility charge, which estimated amount shall be payable to installLandlord within 30 days after receipt of an invoice therefor and may be included along with the invoice for Project Expenses, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, provided Landlord shall determine Tenant’s equitable share thereof, be required to reconcile on an annual basis based on rentable square footageutility invoices received for such period. The cost of utilities payable by Tenant under this Section shall include all applicable taxes and Landlord’s then-current reasonable charges for reading the applicable meters, intensity provided Landlord shall have the right to engage a third party to read the submeters, ​ ​ ​ and Tenant shall reimburse Landlord for both the utilities consumed as evidenced by the meters plus the costs for reading the meters within 30 days after receipt of use of any Utility, hours of operation, and such other factors as Landlord deems relevantan invoice therefor. Tenant shall pay its equitable share such rates as Landlord may establish from time to time, which shall not be in excess of any applicable rates chargeable by Law, or in excess of the general service rate or other such utilities rate that would apply to LandlordTenant’s consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. If Tenant fails to pay timely any direct-metered utility charges from the applicable utility provider, to the extent and such obligation exceeds any amount thereof impounded under Section 4.5, within failure continues uncured following fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, written notice thereof Landlord shall have the right at anytime and from time but not the obligation to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and pay such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for charges on Tenant’s requirements, behalf and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ Tenant for such costs plus the rent due hereunderAdministrative Fee (as defined in Section 17), which amount shall be payable to Landlord as Additional Rent within 30 days after receipt of an invoice therefor. Tenant shall at all times comply with the rules, regulations, terms, policies, and conditions applicable to the service, equipment, wiring, and requirements of the utility supplying electricity to the Building.

Utilities. Tenant Subject to Section 6.2 below, Subtenant shall pay be responsible for and shall promptly pay, directly to the cost of appropriate supplier, for all water, gas, electricity, sewer, heat, light, power, sewer, telephone, telecommunications service, refuse disposalpickup, janitorial service, landscape maintenance, and all other utilities utilities, materials and services supplied furnished to Subtenant or the Premises. Tenant shall make payments for all separately metered utilitiesPremises or used by Subtenant in, when dueon or about the Premises during the Term, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for together with any utility for which a separate meter is not installed as of the Commencement Datetaxes thereon. If any such utilities or services are not separately metered or monitored with respect assessed to Subtenant or the Premises (and in that regard, Subtenant acknowledges and agrees that gas, electricity, heat, boilers, and other utility facilities located on the Master Premises that currently serve, and which are expected to continue to serve, both the Premises, Landlord Master Premises, and/or Adjacent Properties, are currently not separately metered), Sublandlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity make a determination of use Subtenant's Share of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share the cost of such utilities to Landlordand services and Subtenant shall pay such amount, to the extent such obligation exceeds any amount thereof impounded under Section 4.5as an item of Additional Rent, within fifteen ten (1510) days after receipt of a Sublandlord's statement from Landlordor invoice therefor. If at any time during Alternatively, Sublandlord may elect to include such cost as part of Direct Expenses, in which event Subtenant shall pay Subtenant's Share of such costs in the Lease Term, electrical power or any other utility is available manner set forth in Section 4.2 (subject to the Premises from multiple sources, Landlord Section 6.2 below). Sublandlord shall have the right at anytime and (but not the obligation), from time to time time, to contract cause any or all utilities to the Premises to be separately metered or submetered (or to install E-Mon D-Mon meters or similar utility usage measurement devices), and Subtenant shall cooperate fully with Sublandlord in connection therewith. If any lights, machines or equipment are used by Subtenant at the Premises which materially adversely affect any of the shared utility facilities described above, modifications to address such affect, and the cost thereof, including the additional cost of increased operation and maintenance, shall be paid by Subtenant, as an item of Additional Rent, within ten (10) days after receipt of Sublandlord's statement or invoice therefor. Subtenant shall be responsible for service from any company or companies providing electricalobtaining, telecommunication, or other utility contracting for and maintaining its own monthly phone and data service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunder.

Utilities. Tenant shall TENANT agrees to pay the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, charges and deposits for all other utilities and services supplied TENANT agrees to have all accounts for utilities immediately placed in TENANT name with accounts kept current throughout their occupancy. If the Premises. Tenant shall make payments for all separately metered utilities, when duewhich TENANT is responsible for, directly to are still in LANDLORD'S name at the appropriate supplier. Landlord time TENANT takes occupancy, TENANT agrees that LANDLORD shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of order such utilities to Landlord, be terminated. In the event a condo association or homeowner’s association is currently providing any services to the extent unit such obligation exceeds any amount thereof impounded under Section 4.5as cable, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Termsatellite TV, electrical power or any other utility is available to the Premises from multiple sourcesalarm monitoring, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electricalinternet, telecommunicationwater, sewer, trash, guarded security gate or other utility service to services and the Building. Tenant shall cooperate with Landlord association these services will no longer be provided, TENANT agrees and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense understands that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord LANDLORD and/or AGENT shall not be liable 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 but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation of any such services by the association shall not be construed as a prohibited practice by LANDLORD or AGENT nor shall it constitute a default under the lease. The failure of TENANT to retain and pay for essential services upon notice and demand by the LANDLORD or AGENT shall constitute a material breach of the lease. VEHICLES: Vehicle(s) must be currently licensed, owned by TENANT, registered, operational and properly parked. TENANT agrees to abide by all parking rules established now or in damages the future by LANDLORD or otherwise condo/homeowner association's rules, if applicable. No trailers, campers, vehicles on blocks, motorcycles, boats or commercial vehicles are allowed on or about the premises without Landlord's prior written approval. TENANT is not to repair or disassemble vehicles on the premises. Vehicles not meeting the above requirements and additional rules of LANDLORD are unauthorized vehicles subject to being towed at TENANT expense. Parking on the grass is prohibited. TENANT agrees to indemnify LANDLORD for any failure or interruption expenses incurred due to the towing of any utility servicevehicle belonging to the guest or invitee of TENANT. MAINTENANCE/INSPECTION: TENANT agrees that they have fully inspected the premises and accepts the condition of the premises in "as is" condition with no warranties or promises express or implied. TENANT shall maintain the premises in good, clean and tenantable condition throughout the tenancy, keep all plumbing fixtures in good repair, use all electrical, plumbing, heating, cooling, appliances and other equipment in a reasonable manner, removing all garbage in a clean and sanitary manner. In the event TENANT or TENANT'S guests or invitees cause any damage to the premises, LANDLORD may at its option repair same and TENANT shall pay for the expenses of same on demand or LANDLORD may require TENANT repair same, all charges incurred as additional rent. TENANT shall be fully responsible for, and no such failure agrees to maintain and repair at TENANT'S expense, the following: a/c filters, interior and exterior extermination, locks/keys, screening, smoke alarm(s) and/or batteries, refrigerator water filters, stove rings/drip pans, light bulbs, water conditioner and window glass. TENANT is responsible for all plumbing drains, jammed garbage disposal and clogged toilets for any reason other than tree roots. Tenant is prohibited from using any sanitizing tablets in the holding tanks of the toilets. Any washer, dryer, icemaker or interruption shall entitle Tenant built-in microwave at the property is for the tenant’s use but will not be repaired by the Owner/Landlord. In the event a major repair to the premises must be made which will necessitate the TENANT'S vacating the premises, LANDLORD may at its option terminate this Lease agreement and TENANT agrees to vacate the premises holding LANDLORD harmless for any damages suffered if any. TENANT shall notify LANDLORD immediately of any maintenance need, maintenance performed or ▇▇▇▇▇ repair in writing. TENANT agrees that they shall immediately test the rent due hereundersmoke detector and shall maintain same. Any TENANT that leases a property that has storm shutters will be required to install the shutters in the event of a hurricane.

Utilities. Tenant Lessee shall pay the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and utility bills for services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect billed to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time premises during the Lease Term, electrical power including any extension, renewal or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service andholdover term, as reasonably necessary, allow Landlord the same become due and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premisespayable. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption Lessee's non-payment of any utility servicebill is material violation of this lease. The water payment is to be paid on the first of the month with the rent payment. All water payment received after it becomes due shall be subject to an immediate 10% (ten percent) late charge. Failure to pay a utility bill within 15 days of its due date may result in an eviction being filed against ▇▇▇▇▇▇. Lessee shall transfer all appropriate utilities into Lessee's name within 20 business days of occupancy and shall be subject to an administrative fee of $35 per month for each month utilities are not in Lessee’s name. This failure on the part of the Lessee also constitutes a breach of this agreement at the option of the Lessor. In the event that Lessor pays any utility, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇▇ will be liable to reimburse the rent Lessor and may be subject to said administrative fees in addition to fees resulting from excess utility bills due hereunderto negligence and/or abuse. a. Lessee shall pay 100% of: gas, electric, water & sewer, and trash removal. ▇▇▇▇▇▇ is held responsible for any meter reading charges from the City of Columbus including but not limited to meter malfunctions. b. Non-essential services such as telephone, internet and television will be procured, installed, and paid for by the Lessee if desired. Lessee must get permission from lessor for cable, satellite, etc. installation c. Lessee is responsible for the use of all utilities (including fees) until the last day of the lease and is responsible for giving the utility company their forwarding address so that the last month’s utility usage will be paid. Any utility bills/fees not paid will be taken off the Lessee’s deposit and subject to said administrative fee. d. If any utility is shut off for any reason, the lessee is held fully responsible for any and all issues regarding the utility during the lease term. If lessee stays in a hotel, the lessee is held 100% responsible for any costs during the time the utility is off. e. The lessee understands that if the Gas utility is shut off during months where it may be colder than 50 degrees, the pipes may freeze and the tenants are 100% responsible for any damages incurred to Hometeam Properties Management, LLC.

Utilities. Except as set forth herein, Landlord shall not be required to furnish to Tenant shall pay the cost any utility services of all any kind, such as but not limited to water, sewer, hot water, heat, gas, heatelectricity, light, power, sewer, telephone, refuse disposal, and all cable TV or other utilities used, rendered, or supplied, upon or in connection with the Premises, including Premises janitorial services. Tenant shall obtain and contract directly with the respective utility provider and pay all charges for any utilities separately metered to the Premises. Tenant agrees that Landlord shall not be liable for directly contracted utility services not being supplied to the Premises. Tenant shall make payments irrevocably appoints Landlord as Tenant's attorney-in-fact solely for all separately metered the purpose of terminating Tenant's account with any provider of such utilities, when dueifTenant abandons the Premises or if this Lease is terminated. Tenant shall pay as Operating Expenses, directly Tenant's Share of all utilities servicing the Premises on common meters with other tenants, including but not limited to water, sewer, hot water, heat, gas, electricity, light, telephone, cable TV. Tenant agrees that Landlord shall not be liable for failure to supply any utility service during any period Landlord is unable to furnish such services and Landlord uses reasonable diligence to supply such services, it being understood that Landlord reserves the appropriate supplierright to discontinue temporarily such services, or any of them, at such times as may be necessary by reason of accident, unavailability of employees, repairs, alterations or improvements, or whenever by reason of strikes, lockouts, riots, acts of God or any other happening beyond control of Landlord. Landlord's obligations to furnish services shall be conditioned upon the availability of adequate sources. Landlord shall have the right to require Tenant enter upon the Premises at all reasonable times in order to installmake such repairs, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for alterations and adjustments as shall be necessary in order to comply with the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use provisions of any Utilitymandatory or voluntary fuel or energy saving or similar statute, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power regulation or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderprogram.

Utilities. 8.1. During the Term, Tenant shall pay will pay, when due, all charges for utilities furnished to the cost of Premises or chargeable against the Premises, including all charges for water, sewage, heat, gas, heat, light, powergarbage, sewerelectricity, telephone, refuse disposalsteam, power or other public or private utility services. Prior to the commencement of the Term, Tenant and Landlord, as applicable, shall each pay for all utilities or services at the Premises used by it or its agents, employees, or contractors. To the extent any utility fees payable by Landlord prior to the commencement of the Term relate specifically to Landlord's construction obligations with respect to the Improved Space, said fees shall be credited against the Construction Allowance, and all other utility fees payable by Landlord prior to the commencement of the Term shall not be credited against the Construction Allowance. 8.2. In the event that any charge or fee is required by the State of Illinois, or by any agency, subdivision or instrumentality thereof, or by any utility company furnishing services or utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly as a condition precedent to the appropriate supplier. Landlord shall have the right furnishing or continuing to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any furnish utilities or services to the Premises during the Term, such charge or fee shall be deemed to be a utility charge payable by Tenant. The provisions of this paragraph shall include, but not be limited to, any charges or fees for present or future water or sewer capacity to serve the Premises, any charges for the underground installation of gas or other utilities or services, and other charges relating to the extension of or change in the facilities necessary to provide the Premises with adequate utility services to the extent such installations or extensions are not separately metered reflected in the Final Plans or monitored any Changes relating thereto. In the event that Landlord has paid any such charge or fee prior to the date hereof and same relates specifically to Landlord's construction obligations with respect to the PremisesImproved Space, Landlord said charge or fee shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operationbe credited against the Construction Allowance, and such all other factors as charges or fees payable by Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, prior to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character commencement of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord Term shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ credited against the rent due hereunderConstruction Allowance.

Utilities. Tenant shall pay the cost of all (a) All “reasonable and customary” charges for water, gas, heat, light, power, sewer, telephoneand trash are included in the Tenant’s rental payment. However, refuse disposal, and all any extraordinary water charges,which are understood to be over 6,000 gallons of water per tenant will be paid for by the Tenant(s). (b) All other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, specifically including electricity and gas, are not included in the Tenant’s rental payments and the Tenants shall be responsible for and shall pay, when and as the same shall become due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to installall charges, at Tenant’s sole expense, separate meters (or other submeter, device or monitor statements and bills for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, gas and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect electricity used in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇▇▇▇.▇▇ is understood that the rent due hereunderelectric and gas utilities must be activated by the Tenant prior to occupancy or else these utilities will not be active for the Tenant on the move in date. Tenant shall be responsible for and shall pay all deposits required by the utility companies to begin such service, and shall be responsible for having all services for which Tenant is responsible to be put in the name of Tenant for billing purposes. IT IS SPECIFICALLY UNDERSTOOD THAT throughout the rental period the Tenants will have electric and gas utility service turned on in the unit and that prior to start of the lease period Tenant will contact the electric and gas utility companies and have those specific utilities placed in their name no later then the date when this lease begins. Tenant is hereby advised that written documentation must be provided to the Landlord, no later then ten days prior to the start date of the rental period, from the electric and gas utilities verifying the utilities have been placed in their name(s) and account numbers provided. That failure to have the utilities placed in Tenants’ name will be deemed to be a breach of the lease and will result in Landlord either not allowing occupancy of the rental unit or if occupancy has occurred then Landlord will be permitted to evict Tenants . The Tenant shall also be responsible for any costs related to changing or adding to cable television services such as additional cable outlets or wiring.

Utilities. Tenant shall pay the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied a. LANDLORD agrees to furnish to the Premises, at its expense, so long as TENANT is not in default hereunder, during the usual business hours on business days, air conditioning and heat, electric current for normal lighting and fractional horsepower for office machines and, on the same floor as the Premises, water for lavatory, all in such reasonable quantities as in the judgment or LANDLORD is reasonably necessary for the comfortable occupancy of the Premises. Tenant Maintenance service will be furnished 5 days per week. LANDLORD shall make payments not be liable for, and there shall be no rent abatement as a result of any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or any other causes. Except as specifically provided in this ▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ agrees to pay for all separately metered utilities, when due, directly utilities and other services utilized by TENANT for all overtime or additional building services furnished to TENANT not uniformly furnished to all TENANTS of the Building at LANDLORD’s expense. LANDLORD’s obligation to render to the appropriate supplierPremises the services set forth in this Paragraph 20 is conditional upon the payment by TENANT of all sums due under this Lease, including but not limited to sum which are in dispute. b. TENANT shall not permit the consumption at any one time in the Premises of more than 5 ▇▇▇▇▇ per net usable square foot in the Premises for all purposes including lighting and power outlets. Landlord If such limits are exceeded, LANDLORD shall have the right to require Tenant remove any lighting fixture or any fluorescent tube or bulb therein as it deems necessary and/or to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor charge TENANT for the measurement of utility usage) for any utility for which a separate meter is not installed as cost of the Commencement Dateadditional electricity consumed. If TENANT will not without consent of LANDLORD use any utilities apparatus or services are not separately metered or monitored with respect to devise in the Premises, Landlord shall determine Tenant’s equitable share thereofincluding without limitation electronic data processing machines, based on rentable square footagepunch card machines and machines using current in excess of 110 volts, intensity which will in any way increase the amount of electricity or water usually furnished or supplied for use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sourcesas general office space; nor connect any apparatus, Landlord shall have the right at anytime and from time to time to contract for service from any company machine or companies providing electrical, telecommunication, device with water pipes or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within current (except through existing electrical outlets in the Premises. Landlord ), for the purposes of using electric current or water. c. If TENANT shall require electric current in no way be liable or responsible for any loss, damage or expense excess of that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied which LANDLORD is obligated to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations furnish under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇▇▇▇▇▇ ▇▇.▇, ▇▇.▇ herein, TENANT shall first obtain the rent due hereunderconsent of LANDLORD, which LANDLORD may refuse, to the use thereof and LANDLORD may cause an electric current meter to be installed in the Premises to measure the amount of electric current consumed for any such other use. The cost of any meter and/or installation, maintenance and repair thereof shall be paid for by TENANT and TENANT agrees to pay to LANDLORD promptly upon demand therefor by LANDLORD for all such electric current consumed by any such use as shown by said meter, at the rates charged for such services by the public utility providing the service. d. If any lights, machines or equipment (including but not limited to computers) are used by TENANT in the Premises which materially affect the temperature otherwise maintained by the air conditioning system, or generate substantially more heat in the Premises than would be generated by the Building Standard lights and usual fractional horsepower office equipment, LANDLORD shall have the right to install any machinery and equipment which LANDLORD reasonably deems necessary to restore temperature balance, including but not limited to modifications to the standard air conditioning equipment, and cost thereof, including the cost of installation and any additional cost of operation and maintenance occasioned thereby, shall be paid by TENANT to LANDLORD upon demand by LANDLORD. LANDLORD shall not be liable under any circumstance for loss of or injury to property, however occurring, through or in connection with or incidental to failure of any of the foregoing. e. If TENANT requires heating, ventilation and/or air conditioning during times other than provided in Paragraph 20.a above, TENANT shall give LANDLORD such advance notice as LANDLORD shall reasonably require and shall pay for the use of such equipment, at reasonable fee or charge as LANDLORD shall require.

Utilities. Tenant shall pay the cost of all Landlord represents and warrants that water, gas, heatelectricity, light, power, sewer, telephone, refuse disposal, telephone and all other utilities and services supplied sanitary sewer are or will be available to the PremisesBuilding as of the Delivery Date. Tenant shall make payments be responsible for the payment of all separately metered utilitiesutility access, hook-up and connection charges for the Building, including, but not limited to, sewer access charges (SAC) and water access charges (WAC). Commencing with the Delivery Date, Tenant shall pay when due, directly to the appropriate supplier, all utilities and services supplied to the Building and Minnetonka, Minnesota Premises, together with all taxes levied or other charges on all utilities and governmental charges based on utility consumption. Upon request by Landlord, Tenant shall provide Landlord shall have with evidence of payment of the right charges for all requested utilities and services supplied to require the Building and Premises. If Tenant fails to pay the utilities and services supplied to the Building and Premises when due, Landlord may, at its option, pay the delinquent and/or future utilities and services supplied to the Building and Premises directly to the appropriate supplier on behalf of Tenant upon thirty (30) day written notice to Tenant with the opportunity by Tenant to installcure such failure during the thirty (30) day period. Upon receipt of an invoice from Landlord, Tenant shall promptly reimburse Landlord for all utilities and services, late charges, interest and penalties paid, together with an additional administrative charge of five percent (5%) calculated on the amount paid by Landlord, plus interest accruing at the Default Rate of Interest from the date of submission of the invoice to Tenant. Tenant shall not at any time unreasonably overburden or exceed the capacity of the mains, feeders, ducts, conduits or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which requires additional utility facilities or utility facilities of a greater capacity than the existing facilities, such installation shall be subject to Landlord’s prior written approval. If approved by Landlord, Tenant shall be responsible, at Tenant’s sole expenseits cost, separate meters (or other submeter, device or monitor for the measurement installation of all such utility usage) for any facilities and the utility for which a separate meter is not installed as services provided thereunder. Commencing on the Delivery Date, Tenant shall, at its cost, maintain, repair and replace all utility lines to the point of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to exclusively serving the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operationwherever located, and shall keep such utility lines free of grease and other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderdebris.

Utilities. Tenant shall pay directly to the cost of appropriate supplier for all water, gas, heat, air conditioning, light, power, sewer, telephone, refuse disposaltrash, telecommunications and all other utilities and services supplied to used on or from the Premises. Tenant shall make payments , together with any taxes, penalties, surcharges or the like pertaining thereto, and maintenance charges for all separately metered utilities, when dueand shall furnish all electric light bulbs, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Dateballasts and tubes. If any utilities or such services are not separately metered or monitored with respect to the PremisesTenant, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share a reasonable proportion of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any all charges jointly serving other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Leasepremises. Landlord shall not be liable in damages or otherwise for any failure damages directly or indirectly resulting from nor shall the Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of: (a) the installation, use or interruption of use of any utility service, and no equipment used in connection with the furnishing of any such utilities or services; (b) the failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or the elements, labor disturbances of any character, or any other accidents or other conditions beyond the reasonable control of Landlord; or (c) the limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises; unless any such interruption results from the negligence or intentional misconduct of Landlord or its agents, employees or contractors. If any utility service to the Premises is interrupted as a result of the negligence or intentional misconduct of Landlord or its agents, employees or contractors and such interruption continues for seven (7) consecutive calendar days, Base Rent shall entitle be equitably abated until such service is fully restored and such abatement shall be Tenant’s sole remedy. Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental agencies or utility suppliers in reducing energy or other resource consumption. The obligation to make services available hereunder shall be subject to the limitations of any such voluntary, reasonable program. Tenant to terminate this Lease or ▇▇▇▇▇ shall provide its own janitorial services for the rent due hereunderPremises.

Utilities. Landlord shall furnish the Premises with electricity at all times and heating and air conditioning for the normal use and occupancy of the Premises as general offices between 8:00 a.m. and 6:00 p.m., Monday through Friday and between 8:00 a.m. and 1:00 p.m. Saturday of each week during the Term (legal holidays excepted). Such of the foregoing services as Tenant may desire at other times shall be supplied by Landlord, upon reasonable prior notice, at such rates as Landlord shall establish from time to time for office tenants of the Building. If Tenant shall require electricity or install electrical equipment, including, but not limited to electrical heating, refrigeration equipment, electronic data processing machines, computers (other than personal computers or word processors), or other machines or equipment which will in any way increase the amount of the electricity usually furnished for use as general office space, or if Tenant shall attempt to use the Premises in such a manner that the services to be furnished by Landlord would be required during a period other than or in addition to the business hours referred to above, Tenant will obtain prior written approval therefor from Landlord (and Landlord may require the installation of a separate sub-meter) and will pay for the cost resulting additional direct expense, including the expenses resulting from the installation of such equipment and meters and from any modifications to the electrical system of the Building which Landlord deems necessary, as additional rent promptly upon being billed therefor. Landlord shall provide water from City of Indianapolis mains for drinking, lavatory and toilet purposes drawn through fixtures installed by the Landlord, or by the Tenant with Landlord's written consent, from regular Building supply at the prevailing temperature. Tenant shall not waste or permit the waste of water. Landlord shall further provide adequate operatorless passenger elevator service at all watertimes and freight elevator service subject to the scheduling by Landlord. Landlord shall replace, gasat Tenant's expense, heatall light bulbs, lighttubes and ballasts. Landlord does not warrant that any of the services referred to above or any other services which Landlord may supply will be free from interruption. Tenant acknowledges that any one or more of such services may be suspended by reason of accident or of repairs, poweralterations or improvements necessary to be made, seweror by reason of causes beyond the reasonable control of Landlord and any such interruption of service shall never be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof or render Landlord liable to Tenant for damage by abatement of rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Lease, telephonehowever, refuse disposalif such services are interrupted for thirty (30) consecutive days and Tenant is unable to conduct business from the Premises, minimum rent shall ▇▇▇▇▇ until the service is restored. Landlord agrees to use reasonable care and to exercise due diligence with respect to avoiding interruption of the services above provided for and, if interrupted, agrees that it will be for as short a period as possible, and all other utilities repairs will be promptly and services supplied to diligently made at such times as will not unduly interfere with the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as occupancy and use of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Premises by Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other Term utility is available services supplied to the Premises from multiple sourcesProperty are separately metered for the Premises, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other cost of such separately metered utility service shall be paid by Tenant promptly upon being billed therefor, whether such billing be by Landlord or the utility company. The charge to Tenant by Landlord for electricity consumption shall be the Buildingsame retail rate which would be payable if Tenant purchased electricity directly from the utility company, including applicable taxes and fuel adjustment charges. Tenant shall cooperate not place a load upon any floor of the Premises which exceeds the load per square foot which such floor was designed to carry and which is allowed by law. Landlord reserves the right to prescribe in a reasonable manner the weight and position of all safes and heavy installations which Tenant wishes to place in the Premises so as to properly distribute the weight thereof. Any cost of structural analysis shall be borne by Tenant. Business machines and mechanical equipment belonging to Tenant which cause unreasonable noise or vibration that may be transmitted to the structure of the Building or to any leased space to such a degree as to be objectionable to Landlord or to any tenants in the Building shall be placed and maintained by Tenant, at Tenant's expense, on vibration eliminators or other devices sufficient to eliminate such unreasonable noise or vibration. All charges for any services shall be deemed rent reserved under this Lease and shall be due and payable at the same time as the installment of rent with which they are billed, or, if billed separately, shall be due and payable within ten (10) days after such billing. In the event Tenant shall fail to make payment for such services, Landlord may, in addition to all other remedies which Landlord may have for the non-payment of rent and without notice to Tenant, discontinue any and all providers of electricalsuch services, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and discontinuance shall not be held or pleaded as an eviction or as a disturbance in any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason manner whatsoever of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent's possession, or relieve Tenant from the payment of rent when due, or vary or change any other provision of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderrender Landlord liable for damages of any kind whatsoever.

Utilities. Tenant shall, at Tenant’s own expense and subject to all applicable terms and conditions of this Lease, arrange for all utilities Tenant requires for use in and about the Building or elsewhere on the Property, including, without limitation, natural gas, electricity and water and sewer, and Tenant shall pay the cost of when due all water, gas, heat, light, power, sewer, telephone, refuse disposal, charges for and all other utilities and services supplied or relating to the Premisessuch utilities. Tenant shall make payments pay such charges whether such charges shall be made directly by a public, quasi-public or private utility company, by a governmental authority or subdivision or department thereof or by any other entity providing or delivering such utilities. Tenant shall pay any tax or other charge imposed by any governmental authority if based on a similar service used in the Building or elsewhere on the Property by Tenant. Such charges, if payable to Landlord, shall be due within 10 days of presentation of bills therefor. If Landlord shall pay any of such charges, Tenant shall reimburse Landlord upon demand. Tenant's use of utilities shall not at any time exceed the capacity of any of the pipes, feeders, risers or other conductors or equipment in, on or otherwise serving the Building or other portions of the Property (the “Utility Systems”). In order to help ensure that such capacity is not exceeded and to avert possible adverse effects upon the utility services for all separately metered utilitiesthe Building or the Property, when due, directly Tenant shall obtain Landlord's prior written consent before Tenant shall connect to the appropriate supplierUtility Systems any fixtures, appliances or pieces of equipment other than those which, without modification to the Utility Systems, (i) may be safely connected to the existing Utility Systems in compliance with all applicable laws, utility provider and insurance company regulations and guidelines and terms and conditions of this Lease and (ii) will not cause permanent damage or injury to the Building or any other portion of the Property or cause or create a dangerous condition or in any way diminish the value of the Building or the Property, all as determined by Landlord in Landlord’s sole discretion. Without limiting the generality of Section 8.2, “Alterations and Improvements by Tenant.” or any other applicable Section of the Lease, Tenant shall not make any alteration or addition to the Utility Systems or related equipment in the Building or elsewhere on the Property without the prior written consent of Landlord in advance and in each instance. Any alteration or additions to the Utility Systems, including, without limitation, additional pipes, feeders, risers or the like and any other equipment proper and necessary in connection with such additional pipes, feeders, or risers or the like (collectively “Modified Utility Delivery Facilities”) which may be necessary to meet Tenant's utility needs, may upon Tenant's request and Landlord’s consent (as required above in this grammatical paragraph or as may be otherwise required under the Lease) and at the sole cost and expense of Tenant, be installed in accordance with plans and specifications therefor that have been approved in advance and in writing by Landlord; provided, however that the foregoing language of this sentence shall not be deemed to obligate Landlord to consent to any particular plans or specifications or any particular request of Tenant relating to Modified Utility Delivery Facilities. Landlord agrees not to unreasonably withhold, delay or condition Landlord’s consent with respect to any Modified Utility Delivery Facilities, provided such Modified Utility Delivery Facilities are permissible under applicable law, utility provider and insurance company regulations and guidelines, all terms and conditions of this Lease and the installation of such Modified Utility Delivery Facilities will not cause permanent damage or injury to the Building or any other portion of the Property or cause or create a dangerous condition or in any way diminish the value of the Building or the Property, all as determined by Landlord in Landlord’s sole discretion; and provided further that, notwithstanding anything to the contrary above in this Section or elsewhere in the Lease, Landlord may elect to require (a) Tenant, at Tenant's expense, at the expiration or earlier termination of this Lease, to remove the Modified Utility Delivery Facilities and repair and damage to the Building or the Property caused by such removal and or restore the Building and the Property (as the case may be) to substantially the same condition as prior to the installation of the Modified Utility Delivery Facilities or (b) pay to Landlord the cost (as determined by Landlord) to remove the Modified Utility Delivery Facilities and perform the related repairs and restoration contemplated in above in this sentence; provided, however, that, if prior to the installation of particular Modified Utility Delivery Facilities and as part of Tenant's request for Landlord's approval of such Modified Utility Delivery Facilities, Tenant requests in writing that Landlord indicate whether Landlord will require Tenant to remove the Modified Utility Delivery Facilities and whether and how Tenant will be required to repair and or restore the Building or other portion of the Property related to the Modified Utility Delivery Facilities, Landlord shall have the right respond to Tenant reasonably, promptly and in writing and Landlord shall only be able to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for perform the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored removal and restoration described in such Landlord response with respect to the PremisesModified Utility Delivery Facilities. Tenant, Landlord at Tenant's expense, shall determine Tenant’s equitable share thereofpurchase, based on rentable square footage, intensity of use of any Utility, hours of operation, install and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power replace all light bulbs or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, tubes or other utility service to consumable light emitting devices used in and about the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the PremisesProperty. Landlord shall not in no any way be liable or responsible to Tenant for any loss, damage or expense that which Tenant may sustain or incur by reason of any changeif the quantity, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in partcharacter, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption supply of any utility service, and is changed or is no such failure longer available or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunder.suitable for Tenant's requirements..

Utilities. (a) Commencing on the Commencement Date, and continuing throughout the Term, Tenant shall pay for utility services as follows without setoff, deduction, or counterclaim: (i) Tenant shall pay directly to the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other applicable utility service provider for any utilities and services supplied that are separately metered (not submetered) to the Premises. ; (ii) Tenant shall make payments pay Landlord for any utilities serving the Premises that are separately submetered based upon Tenant’s submetered usage, as well as for any maintenance and replacement costs associated with such submeters; and (iii) Tenant shall pay Landlord for Tenant’s Share of Project Utility Costs as part of Operating Expenses pursuant to Section 5. “Project Utility Costs” means the total cost for all utilities serving the Project, excluding the costs of utilities that are directly metered or submetered to Building tenants or paid separately metered utilities, when due, directly by such tenants. Notwithstanding anything to the appropriate suppliercontrary in this Lease, Landlord shall have the right to install meters, submeters, or other energy-reducing systems in the Premises at any time to measure any or all utilities serving the Premises, the costs of which meters shall be included in Project Expenses. For those utilities set forth in subsection (ii) above, Landlord or its designated agent shall invoice Tenant for such utilities as Additional Rent, which shall be payable within 30 days after receipt of an invoice therefor. For those utilities set forth in subsection (iii) above, Landlord shall have the right to either invoice Tenant for such utilities as Additional Rent (payable within 30 days after receipt of an invoice therefor), or together with Project Expenses. Landlord shall have the right to require Tenant estimate the utility charge, which estimated amount shall be payable to installLandlord within 30 days after receipt of an invoice therefor and may be included along with the invoice for Project Expenses, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, provided Landlord shall determine Tenant’s equitable share thereof, be required to reconcile on an annual basis based on rentable square footageutility invoices received for such period. The cost of utilities payable by Tenant under this Section shall include all charges and surcharges, intensity of use of any Utility, hours of operationapplicable taxes, and such other factors Landlord’s then-current charges for reading the applicable meters, provided Landlord shall have the right to engage a third party to read the submeters, and Tenant shall reimburse Landlord for both the utilities used as Landlord deems relevantevidenced by the meters plus the costs for reading the meters within 30 days after receipt of an invoice therefor. Tenant shall pay its equitable share such rates as Landlord may establish from time to time, which shall not be in excess of any applicable rates chargeable by Law, or in excess of the general service rate or other such utilities rate that would apply to Landlord, to Tenant’s use if charged by the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlordutility or municipality serving the Building or general area in which the Building is located. If at Tenant fails to pay timely any time during direct-metered utility charges from the Lease Term, electrical power or any other applicable utility is available to the Premises from multiple sourcesprovider, Landlord shall have the right but not the obligation to pay such charges on Tenant’s behalf and bill ▇▇▇ant for such costs, which amount shall be payable to Landlord as Additional Rent within 30 days after receipt of an invoice therefor. Tenant shall at anytime all times comply with the rules, regulations, terms, policies, and from time conditions applicable to time to contract for service from any company or companies providing electricalthe service, telecommunicationequipment, or other wiring, and requirements of the utility service supplying electricity to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunder.

Utilities. Tenant shall arrange for the connection of, and pay the cost of all charges for, water, sewer, gas, heat, light, power, sewerelectricity, telephone, refuse disposal, Internet and all other services and utilities and services supplied to for the Premises. Tenant acknowledges that the Premises are designed to provide standard office use electrical facilities and standard office lighting. Tenant shall make payments for all separately metered utilitiesnot use any equipment or devices that utilizes excessive electrical energy or which may, when duein Landlord's reasonable opinion, directly overload the wiring or interfere with electrical services to other tenants. Tenant also shall pay Tenant’s proportionate share of the utilities of the common area, which is 29% (occupied space 1,932 sq ft / total rentable space 6,594 sq ft of the office building) (“Tenant’s Proportionate Share”). In the event that any utility provided to the appropriate supplierPremises is not separately metered, Tenant shall pay to Landlord as the Tenant’s Proportionate Share of the cost of such utility together with the first payment of base rent due after the date on which Tenant receives from Landlord a statement setting forth the cost of such utility and Tenant’s Proportionate Share thereof. Landlord shall have reserves the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed estimate in advance as of the beginning of any calendar year or anniversary of the Commencement Date. If any Date Tenant’s Proportionate Share of utilities or services that are not separately metered or monitored with respect and utilities for the common areas of the Landlord’s Property, in which case Landlord shall notify Tenant of Landlord’s estimate in writing at least fifteen (15) days prior to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity first day of use of any Utility, hours of operation, such year and such other factors as Landlord deems relevant. Tenant shall pay its equitable share to Landlord on or before the first day of each calendar month of that year, 1/12th of such utilities estimated amount. If Landlord elects to Landlordestimate such expenses, within forty-five (45) days after the last day of such year Landlord shall send Tenant a reconciliation of the actual amount of such expenses compared to the extent such obligation exceeds amount Tenant paid as estimated payments, and any amount thereof impounded under Section 4.5, shortfall shall be paid by Tenant to Landlord within fifteen (15) days after Tenant’s receipt of a statement such reconciliation and any excess shall be applied against subsequent payments due from LandlordTenant of Tenant’s Proportionate Share of such utilities. If at any time during the Lease Term, electrical power Tenant does not pay to Landlord within ten (10) days of its due date Tenant’s Proportionate Share of utilities or any other utility is available estimated payment as to the Premises from multiple sourcesTenant’s Proportionate Share of utilities, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with also pay Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access a late fee equal to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character five percent (5%) of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability amount of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunderlate payment.

Utilities. (a) Tenant shall pay the cost of all for water, sewer, gas, electricity, heat, light, power, sewer, telephone, refuse disposal, telephone and all other communication services and any other utilities and services supplied to the Premises. Except for any utilities that are not separately metered (for which Landlord shall invoice Tenant for the cost or include the cost in Operating Expenses), Tenant shall make payments for obtain utility service in its own name and timely pay all separately metered utilities, when due, charges directly to the appropriate supplierprovider. In the event that any meter serving the Premises is not functioning properly or during the period that such meter is being repaired, Tenant shall be responsible for its pro rata share of utility usage based upon Landlord's reasonable estimate. Landlord shall not be responsible or liable for any interruption in such services, nor shall such interruption affect the continuation or validity of this Lease. Notwithstanding anything to the contrary in this Lease, in the event that an interruption in utilities or services that Landlord is required to provide ("Interruption") is directly caused by the sole negligence or willful misconduct of Landlord or its Agents, such that it renders the whole or any material portion of the Premises untenantable for the purposes intended hereunder and Tenant is unable to utilize such untenantable portion then after a period of five (5) consecutive business days after receipt by Landlord of written notice of such untenantability from Tenant, the Monthly Rent shall a▇▇▇▇ (as to the proportion that the square footage of the Premises actually untenantable by Tenant as a result of an Interruption bears to the total square footage of the Premises) starting on the sixth (6th) business day until the earlier to occur of the date that Tenant re-enters the Premises or the date that such Interruption is remedied. In no event shall Tenant be entitled to abatement if the Interruption is caused in whole or in part by Tenant or Tenant's Agents. Tenant agrees that the rental abatement described in this Section shall be Tenant's sole remedy in the event of an Interruption. Notwithstanding anything to the contrary, Tenant shall waive and release Landlord from and against, all claims of rental abatement as provided above to the extent covered by Tenant's business interruption insurance. Landlord shall have the exclusive right to require Tenant select, and to installchange, at Tenant’s sole expensethe companies providing such services to the Building or Premises. Any wiring, separate meters (cabling or other submeterequipment necessary to connect Tenant's telecommunications equipment shall be Tenant's responsibility, device or monitor for and shall be installed in a manner approved by Landlord. In the measurement event Tenant's consumption of utility usage) for any utility for which a separate meter or other service included in Operating Expenses is not installed as excessive when compared with other occupants of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the PremisesProperty, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operationmay invoice Tenant separately for, and such other factors as Landlord deems relevant. Tenant shall pay its equitable on demand, the cost of Tenant's excessive consumption, as reasonably determined by Landlord. (b) From time to time, at Landlord's option, Landlord may estimate the monthly cost for all utilities that are not being directly metered and billed to Tenant and b▇▇▇ Tenant the estimated amount therefor. All such estimated amounts shall be paid together with Monthly Rent. Landlord shall deliver to Tenant at least annually (or more frequently at Landlord's election) a statement indicating the actual amount of Tenant's share of such utilities based upon the actual utility invoiced (as may be applicable). If any reconciliation of utilities reveals that any additional payments are due, Tenant shall pay such deficiency to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, Landlord within fifteen (15) days after receipt of a statement from Landlordinvoice therefor. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sourcesreconciliation reveals that Tenant has overpaid utilities for such period, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunicationcredit such overpayment against Rent hereunder, or if the Term has expired, pay such amount to Tenant. Landlord's and Tenant's obligation to pay any overpayment or deficiency due the other utility service pursuant to this Section shall survive the Building. Tenant shall cooperate with Landlord and all providers expiration or termination of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the this Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunder.

Utilities. Landlord agrees to provide to the Premises running water, sanitary sewer, gas and electricity service and telephone service conduits and pull boxes from the boundary of the Property. Tenant shall pay the cost of for all water, gas, heat, light, power, telephone, sewer, telephone, refuse disposal, sprinkler charges and all other utilities and services supplied to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, used on or at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereoftogether with any taxes, based on rentable square footagepenalties, intensity of use of any Utility, hours of operationsurcharges or the like pertaining to such services and utilities used in connection with the Premises, and such other factors any maintenance charges for utilities. Such services shall be separately metered as Landlord deems relevantprovided in the Work Letter. Tenant shall pay its equitable share of such utilities to Landlord, Except as hereinafter expressly provided to the extent such obligation exceeds any amount thereof impounded under Section 4.5contrary, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any interruption or failure of utility service on the Premises and Tenant shall have no rights or claims as a result of any such failure. However, notwithstanding the foregoing, if Tenant is prevented from carrying on its normal business operations within the Premises as a direct result of an interruption of any of the utilities serving the Premises that is caused by either (i) damage to or failure of utility servicesystems, pipes or transmission lines that are controlled by Landlord and situated within the Project, but outside of the Premises, or (ii) damage to utility systems, pipes or transmission lines that are situated within the Project which is caused by the negligence of Landlord or Landlord's employees or agents, then if such interruption continues for ten (10) consecutive days after written notice of the same to Landlord, Tenant's obligation for Base Rental shall be abated after such ten day period until the cessation of such interruption (provided, however, that if such interruption of utilities affects less than the entirety of the Premises, then Tenant's obligation for Base Rental shall be abated only by an amount equal to the product of (A) a fraction, the numerator of which is the Rentable Area of the portion of the Premises in which Tenant is unable to carry on its normal business operations and the denominator of which is the Rentable Area of the Premises, and no (B) the then applicable Base Rental). If such failure or interruption shall entitle continues for thirty (30) consecutive days after written notice of the same to Landlord, then Tenant to may terminate this Lease or ▇▇▇▇▇ upon written notice to Landlord at any time before the rent due hereundercessation of such interruption. To the extent of any conflict between this paragraph 8 and paragraph 10, paragraph 10 shall control.

Utilities. Tenant shall pay place all required utilities in Tenant's name with the cost appropriate utility company prior to move in. Further, Tenant shall return the Utility Confirmation Worksheet (attached hereto) to Landlord prior to Landlord releasing delivery of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other utilities and services supplied to the Premiseskeys. Tenant shall make payments be responsible for payment of all separately metered of the following utilities unless the space adjacent to the specific utility is checked evidencing the Landlord's agreement to pay for the same: water sewer electric gas trash. Tenant shall not allow utilities, when dueother than cable TV, directly to be disconnected by any means (including non-payment of ▇▇▇▇) until the appropriate supplierend of the Term. Tenant agrees to reimburse Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility bills paid by Landlord during Tenant’s responsibility under the Lease including pro-rated utilities for which a separate meter is common area facilities if applicable. Utilities shall be used only for normal household purposes and not installed as wasted. Failure to pay utilities or properly place utilities into Tenant’s name, or disconnection of the Commencement Dateelectric or gas service due to non-payment by Tenant for more than five (5) days shall be considered material non-compliance under this Lease. If any utilities In the event of a disconnect that ultimately requires a site visit by Landlord or services are not separately metered or monitored with respect to the Premises, Landlord Landlords contractors; Tenant shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevantbe responsible for a reconnection fee. Tenant acknowledges and agrees that final water/sewer charges shall pay its equitable share of such utilities be deducted from the Deposit, if not paid prior to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Buildingmove out by Tenant. Tenant shall cooperate with Landlord and all providers is responsible for Rent for the full period of electricaltime that Tenant is living in, telecommunicationoccupying, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any losspayment of Rent or utility charges hereunder during the Term, damage or expense that whichever period is longer. If Tenant may sustain or incur by reason of any changebreaches the Lease, failure, interruption, interference or defect in Tenant will be responsible for utility charges for the supply or character of time period Tenant is obligated to pay the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations charges under the Lease. In the event Tenant fails to timely establish utility services, Landlord shall not be liable in damages or otherwise may charge Tenant for any failure or interruption utility service billed to Landlord for the Premises, including an administration fee for billing the utility service in the amount of any $50.00 per utility service. Tenant forever releases and holds Landlord harmless, and no waives any claims for offset or Rent reduction, resulting from or related in any way to any losses and damages Tenant incurs as a result of outages, interruptions, or fluctuations in utility services provided to the Premises unless such failure loss or interruption shall entitle damage is the direct result of negligence by Landlord or Landlord's employees. Tenant agrees not to tamper with, adjust, or disconnect any sub-metering system or device. Violation of this provision is a material breach of the Lease and may subject Tenant to terminate eviction or other remedies available to Landlord under the Lease. Notwithstanding the other provisions in this Lease lease above, water/sewer, electric and gas service for the unit may be measured by a meter provided by the Landlord or ▇▇▇▇▇ utility provider. Tenant agrees to pay Landlord for water, sewer, storm water, municipal fixed water/sewer, gas, electric charges and other related charges to the rent due hereunderleased Premises under the Lease. Water, sewer, storm water, municipal fixed water/sewer, gas, electric, and other related charges will be calculated on the basis of the effective rate structure of the utility providing service to the Landlord. Additionally, there will be a modest service charge included in the amount to compensate Guardian Water & Power (or Landlord designated metering company) and for its meter reading and billing costs.

Utilities. Tenant shall pay the cost of for all water, gas, electricity, heat, light, power, telephone, sewer, telephonesprinkler services, refuse disposaland trash collection, and all other utilities and services supplied to used on the Premises. Tenant shall make payments , all maintenance charges for all separately metered utilities, when dueand any storm sewer charges or other similar charges for utilities imposed by any governmental entity or utility provider, directly together with any taxes, penalties, surcharges or the like pertaining to Tenant's use of the appropriate supplierPremises, PROVIDED, HOWEVER TENANT SHALL NOT BE RESPONSIBLE FOR ANY PENALTIES ON SURCHARGES UNLESS DIRECTLY ATTRIBUTABLE TO TENANT'S FAILURE TO MAKE TIMELY PAYMENTS TO THE UTILITY PROVIDER. Landlord shall have the right to require Tenant to install, may cause at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If 's expense any utilities or services are not to be separately metered or monitored with respect charged directly to Tenant by the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevantprovider. Tenant shall pay its equitable share of such all charges for jointly metered utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service andbased upon consumption, as reasonably necessary, allow Landlord determined by Landlord. Tenant agrees to limit use of water and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery sewer for normal restroom use. No interruption or equipment within the Premises. Landlord failure of utilities shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect result in the supply termination of this Lease or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the LeaseUNLESS SUCH INTERRUPTION OR FAILURE IS WITHIN LANDLORD'S CONTROL AND CONTINUES FOR A PERIOD OF THREE (3) CONSECUTIVE BUSINESS DAYS AFTER NOTICE TO LANDLORD FROM TENANT. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility serviceIN SUCH EVENT, and no such failure or interruption shall entitle Tenant to terminate this Lease or THE TENANT'S SOLE REMEDY SHALL BE TO ▇▇▇▇▇ the rent due hereunderRENT IN THE PROPORTION TO WHICH THE PREMISES ARE RENDERED UNUSABLE BY THE INTERRUPTION OR FAILURE OF UTILITIES.

Utilities. The Tenant shall pay all costs in connection with the supply and removal of electricity, gas, water, sewage, telecommunications, data and other services and utilities to or from the Property. If any of those costs are payable in relation to the Property together with other property, the Tenant shall pay a fair proportion of all those costs. The Tenant shall comply with all laws and with any recommendations of the relevant suppliers relating to the use of those services and utilities. Common items The Tenant shall pay the cost Landlord on demand a fair proportion of all watercosts payable for the maintenance, gasrepair, heatlighting, lightcleaning and renewal of all Service Media, power, sewer, telephone, refuse disposal, structures and all other utilities and services supplied to items used or capable of being used by the PremisesProperty in common with other property. The Tenant shall comply with all reasonable regulations the Landlord may make payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to in connection with the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant use of any of its obligations those Service Media, structures or other items. VAT All sums payable by the Tenant are exclusive of any VAT that may be chargeable. The Tenant shall pay VAT in respect of all taxable supplies made to it in connection with this lease on the due date for making any payment or, if earlier, the date on which that supply is made for VAT purposes. Every obligation on the Tenant, under or in connection with this lease, to pay the Landlord or any other person any sum by way of a refund or indemnity, shall include an obligation to pay an amount equal to any VAT incurred on that sum by the Landlord or other person, except to the extent that the Landlord or other person obtains credit for such VAT under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or Value Added Tax ▇▇▇ ▇▇▇▇▇ . Default interest and interest If any Annual Rent or any other money payable under this lease has not been paid by the rent date it is due, whether it has been formally demanded or not, the Tenant shall pay the Landlord interest on that amount at the Default Interest Rate (both before and after any judgment). Such interest shall accrue on a daily basis for the period beginning on the due hereunderdate to and including the date of payment. If the Landlord does not demand or accept any Annual Rent or other money due or tendered under this lease because the Landlord reasonably believes that the Tenant is in breach of any of the tenant covenants of this lease, then the Tenant shall, when that amount is accepted by the Landlord, also pay interest at the Interest Rate on that amount for the period beginning on the date the amount (or each part of it) became due until the date it is accepted by the Landlord.

Utilities. For townhouse units located on Fruit St, or Clay St.: a. Water and sewage b. Trash removal The Tenant shall agrees to contract and pay for the cost of all water, gas, heat, light, power, sewer, telephone, refuse disposal, and all other following utilities and services supplied to the Premises. (Tenant shall make payments for all separately metered utilities, when due, directly to the appropriate supplier. Paid Utilities): a. Electricity (required) b. Natural gas (required) The Landlord shall have provide the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor following utilities as a part of this Lease agreement for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord Tenants but shall not be liable for the failure to provide service if beyond its control: a. Electricity c. Water and sewage b. Natural gas d. Trash removal The dwelling unit shall include a range and refrigerator provided by the Landlord. If a utility listed above is transferred into the Landlord’s name for failure on the Tenant’s part to keep their account with the Utility Company in damages good standing, the Landlord shall either have the amounts paid by the Landlord on the Tenant’s behalf and added to the Tenant’s account with the Landlord or otherwise remit directly to the Utility Company their utility allowance portion which is normally deducted from their gross rent, or a combination of both methods noted above depending on the balances due to the Utility Company. Any charges added to the Tenant’s account with the Landlord must be paid in full within fourteen (14) calendar days after the charge has been added to the Tenant’s account and the Landlord has given written notice of the charges. Amounts not paid in full within this timeframe will constitute grounds for any failure termination of this lease and eviction. The inability to maintain utility services in an adult household member’s name (unless prior written Landlord approval has been obtained to have services in a non-household member’s name) may also constitute grounds for termination of this lease and eviction. The Utility Allowance Schedule for Tenant Paid Utilities and the Schedule of Excess Utility Charges are posted in the Landlord’s office. Amounts in the Utility Allowance Schedule for Tenant Paid Utilities shall be applied to the Tenant’s rent calculation on a monthly basis. The Tenant is responsible for all payments in full to all Utility Companies regardless if these amounts shall be higher or interruption lower than the amounts listed on the Utility Allowance Schedule. Utility allowance revisions shall be effective following a thirty (30) day notice to the Tenant, providing the tenant an opportunity to present written comment. Once the Utility allowance revisions are officially adopted by the Commission Board, the tenant will receive a thirty (30) day notice of any increase in rent payable to the landlord resulting from the utility serviceallowance revisions. Excess Utility Charges will be accessed to tenants residing in units where the landlord provides and pays for the utility to operate appliances in addition to those provided by the landlord (e.g., freezer, air conditioner, or extra refrigerator). Tenant is responsible for the disposal costs associated with Tenant supplied air conditioners and no such failure freezers. The Housing Commission may allow relief from resident utility bills that have exceeded the utility allowance. HUD regulations [24 CFR 965.508] specifically permit the Housing Commission to grant individual relief on reasonable grounds when providing for healthy indoor air quality and/or code compliance for a safe and healthy living environment affecting utility consumption beyond the resident’s control. The Housing Commission may grant this relief to residents in need of healthy indoor air quality and/or code compliance necessary for their well-being that do not necessarily fall under the non-allowable consumption category. Resident units with these needs are granted relief from the Public Housing Commission (PHC) surcharges for excess consumption of PHC provided utilities, or interruption shall entitle Tenant to terminate this Lease or from payment of the utility supplier ▇▇▇▇▇▇▇▇ in excess of the rent due hereunderUtility Allowances (UAs) for resident-paid utilities. Tenant agrees not to waste the utilities provided by the Landlord and to comply with any applicable law, regulation, or guideline of any government entity regulating utilities or fuels. ▇▇▇▇▇▇ agrees to immediately notify Landlord of any interruption of any utility to the apartment and will be charged for any damages resulting from his/her failure to maintain sufficient heat or to notify Landlord, unless for any cause beyond his/her control.

Utilities. Tenant shall timely pay the cost (including related taxes and charges) of all utility services (including without limitation water, gas, heatpropane, lightdiesel, powerelectricity, sewer, telephonewaste, refuse disposal, telecommunications and all other utilities and services supplied data) used on or provided to the PremisesPremises or Project. Tenant shall make payments obtain utility services for all separately metered utilities, when due, the Premises in Tenant’s own name and timely pay for the costs therefor directly to the appropriate supplierrespective utility provider. Tenant may select its own telecommunications or data service and will pay the cost therefor, and Landlord will not be responsible for providing any such service connections to the Building. Landlord shall have 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 right continuation or validity of this Lease, constitute an eviction, give rise to require an abatement or relieve Tenant to install, at from full performance of Tenant’s sole expenseobligations under this Lease. Notwithstanding the foregoing, separate meters if any interruption or discontinuance of utilities is caused by the gross negligence or willful misconduct of Landlord or its employees, or by any person acting for Landlord or on its behalf, and if such interruption or discontinuance continues beyond 3 consecutive business days and materially and adversely affects Tenant’s ability to conduct its business in the Premises, and on account of such interruption or discontinuance, Tenant ceases doing business in the Premises (or other submetera material portion thereof), device Rent shall ▇▇▇▇▇ thereafter (as to the Premises or monitor as to such material ​ portion thereof, as the case may be) and for the measurement duration of utility usage) for any utility for which a separate meter such interruption or discontinuance. Landlord acknowledges that, under the Existing Lease, Tenant is not installed as of the Commencement Date. If any currently already contracting with companies providing such utilities or services are not separately metered to the Project, Building or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereofand agrees that such companies may continue to provide such services under this Lease. Upon written request no more often than once a quarter, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities provide to Landlord reasonable utility consumption data and other related information (or, at Landlord’s option, execute and deliver to Landlord an instrument enabling Landlord to obtain the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement same from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Buildingapplicable provider). Tenant shall cooperate with Landlord to conduct ASHRAE (American Society of Heating, Refrigerating and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character Air Conditioning Engineers) energy audits of the electricity or other utilities supplied to the PremisesBuilding and Project. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunder.​

Utilities. Tenant shall pay during the cost of Lease Term and prior to delinquency all charges for water, gas, light, heat, light, power, sewerelectricity, telephonetelephone or other communication service, refuse disposaljanitorial service, trash pick-up, sewer and all other utilities services supplied to Tenant or consumed by Tenant on the Premises (collectively the “Services”) and services all taxes, levies, fees or surcharges therefor. Prior to the Commencement Date, Tenant shall directly arrange, and directly contract in Tenant’s name, for all Services to be supplied to the Premises. The Commencement Date shall not be delayed by reason of any failure by Tenant shall make payments to so contract for all Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay, as Additional Rent, Tenant’s proportionate share of such cost to Landlord as provided in Paragraph 12 below, except that if any meter services less than the entire Building, Tenant’s proportionate share of the costs measured by such meter shall be based upon the square footage of the gross leasable area in the Premises as a percentage of the total square footage of the gross leasable area of the portion of the Building serviced by such meter. As of the Commencement Date, gas, electricity and water shall be separately metered for the Premises. If Landlord determines that Tenant is using a disproportionate amount of any commonly-metered Services or an amount in excess of the customary amount of any Services ordinarily furnished for use of the Premises in accordance with the uses set forth in Paragraph 6 above, then Landlord may elect to periodically charge Tenant, as Additional Rent, a sum equal to Landlord’s reasonable estimate of the cost of Tenant’s excess use of any or all such Services. The lack or shortage of any Services due to any cause whatsoever (except for a lack or shortage proximately caused by the gross negligence or willful misconduct Landlord or that of its agents or employees) shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. Tenant acknowledges and agrees that in no event shall Landlord be liable to Tenant for any consequential damages, such as lost profits, loss of business or lost income, if there is any lack or shortage of any Services or utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereunder.

Utilities. Tenant Subtenant shall make its own arrangements with the applicable utility companies for the provision of all utilities and services, including, without limitation, water, sewer, electricity, gas, heating fuels, and telephone service, which are required for the use of the Sublet Premises for the Permitted Uses, and shall pay when due all charges therefor directly to the company which provides such service. If Sublandlord is notified that a lien will be placed upon the Sublet Premises as a result of Subtenant's non-payment of any such utility charge, then Sublandlord may pay such charges and notify Subtenant thereof, and Subtenant shall pay the cost same to Sublandlord as Additional Rent with the next installment of all waterBase Rent becoming due. In no event shall Sublandlord be responsible for charges for any utilities or services consumed by Subtenant at the Sublet Premises. If, gasfor any reason whatsoever other than a negligent act or omission or a WMI act or omission of Subtenant, heatits officers, lightdirectors, poweremployees, sewercontractors, telephoneservants or agents, refuse disposalor a default by Subtenant hereunder, any utilities or services which are required for Subtenant's use of the Sublet Premises for the Permitted Uses are interrupted, Tenant shall promptly so notify Sublandlord in writing. If resumption of such utilities or services does not occur within sixty (60) days after the commencement of such interruption, and all other the lack of such utilities and or services supplied continues to materially impair Subtenant's then-current use of the Premises. Tenant shall make payments for all separately metered utilitiesSublet Premises or a material portion thereof, when due, directly to the appropriate supplier. Landlord Subtenant shall have the right to require Tenant terminate this Sublease at any time thereafter while such interruption continues by giving to install, at Tenant’s sole expense, separate meters (or other submeter, device or monitor for Sublandlord a written notice of termination stating the measurement of utility usage) for any utility for date on which a separate meter is not installed as of the Commencement Datethis Sublease shall terminate. If any the unavailability of such utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of materially impairs Subtenant's then-current use of any Utilitythe Premises or a material portion thereof for a period of more than ten (10) consecutive days, hours of operation, and such other factors as Landlord deems relevant. Tenant Rent shall pay its equitable share of such utilities to Landlord, be abated proportionately according to the extent to which the Subtenant's use and occupancy of the Sublet Premises are so affected, for the period commencing on the date such obligation exceeds any amount thereof impounded under Section 4.5utilities or services became unavailable and ending on the date on which such -condition is cured or this Sublease terminates, within fifteen (15) days after receipt of a statement from Landlordas the case may be. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord Subtenant shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service not connect to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and 's electrical system any other machinery or equipment within the Premises. Landlord shall which operates in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character excess of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability current capacity of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or ▇▇▇▇▇ the rent due hereundersystem without Sublandlord's prior written consent.

Utilities. Subject to Landlord's ability to do so, Landlord shall supply or cause to be supplied to the Premises electricity and other utilities for the reasonable use of the Premises for their intended purposes. Tenant shall promptly pay the cost for, as and when they fall due, to Landlord or as Landlord shall from time to time direct, all costs of all supplying water, electricity, gas, heat, light, power, sewer, telephone, refuse disposalsteam and other utilities to or in respect of the Premises, and all other costs for all fittings, connections and meters and all work performed in connection with any services or utilities and services supplied provided to the Premises. Tenant shall make payments for all separately metered utilities, when due, directly promptly execute and deliver any agreements required by Landlord or by utilities suppliers in respect of the supply of any utilities to the appropriate supplierPremises. Landlord Tenant's use of any such utilities shall have not exceed the right available capacity of the existing systems from time to require Tenant to install, at Tenant’s sole expense, separate time. Should there be no individual meters (or other submeter, device or monitor for the measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises, Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use consumption of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises then Landlord, acting reasonably, may allocate the cost of such utilities among the various users thereof. If required by Landlord, Tenant shall install at its expense a separate meter or meters to measure the consumption of any or all utilities in the Premises. Landlord makes no representation The cost of any utilities which are not charged to tenants of the Project individually shall be included in Operating Costs. Heating and Air-Conditioning Tenant shall heat and, where applicable, air-condition the Premises in a reasonable manner at Tenant's expense using heating and, where applicable, air-conditioning equipment installed in the Building. If the heating, ventilating, air-conditioning or warranty as humidity control equipment in or serving the Premises shall require maintenance, repair or replacement, Tenant at its expense shall promptly attend to the suitability of same in accordance with the utility manufacturer's or supplier's specifications and instructions. Tenant shall at its expense maintain a service contract for Tenant’s requirementssuch equipment in or serving the Premises, with a contractor approved in advance in writing by Landlord, and no shall ensure that Landlord is at all times in possession of a copy of such change, failure, defect, unavailability or unsuitability service contract and shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant promptly deliver to any abatement or diminution Landlord copies of rent, or relieve Tenant regular inspection reports and details of any of its obligations under the Leaserepairs. Landlord shall not be liable in damages or otherwise responsible for any failure or interruption the inadequacy of any utility serviceheating or air-conditioning of the Premises. If Tenant fails to so maintain, repair or replacement of any of the heating, ventilating, air-conditioning and humidity control equipment, and no does not rectify such failure within the applicable cure period provided in section 16.1 after notice from Landlord, Landlord shall be entitled thereafter to itself attend to the maintenance, repair and replacement of such equipment, in which case the cost of such maintenance, repairs or interruption replacement shall entitle either be charged to Tenant or included in Operating Costs, as determined by Landlord to terminate be appropriate pursuant to the applicable provisions of this Lease or ▇▇▇▇▇ the rent due hereunderLease.