Common use of Utilities Clause in Contracts

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall 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 as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and pay, prior to delinquency and throughout the Lease Term, all charges for water, gas, lightheating, heatventilation, powerair conditioning, cooling, sewer, telephone, electricity, telephone or other communication servicegarbage, janitorial service, trash pick-up, sewer landscaping and all other services and utilities supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall 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, including Tenant’s Share of any such services or if any of the Services utilities which are not separately metered as for or billed to the Premises. Landlord may, at Tenant’s expense, install devices which separately meter Tenant’s consumption of utilities. All charges for utilities and services which are separately metered to the Commencement Date, the cost of such Services shall be an Operating Expense and Premises or which are provided directly to Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in 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 total gross leasable square footage located extent Landlord is billed for such utilities, to Landlord within thirty (30) days of receipt of notice and the relevant invoices from Landlord. All charges for utilities and services for the 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 all buildings utilizing its sole discretion, Landlord may estimate such Servicescharges 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 Services service or utility provided by Landlord with respect to the Premises, the Building or the Project due to any 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 Rent due hereunder, all without diminution, credit or deduction. The immediately preceding sentence ; provided, however, if such disruption, failure, lack or shortage is caused by Landlord’s failure to the contrary notwithstandingobserve or perform its obligations hereunder, then, within three (3) Business Days after receipt of written notice from Tenant specifying such failure, Landlord agrees that shall initiate the cure of such failure and thereafter shall diligently prosecute said cure to completion. Notwithstanding the foregoing, if Services are curtailed (i) any interruption or suspended to cessation of utilities results solely from the gross negligence or intentional or willful misconduct of Landlord, or its employees, agents or contractors, and (ii) any loss of revenues resulting therefrom is not covered by business interruption insurance carried by Tenant, then, if the Premises are not usable by Tenant for the conduct of Tenant’s business as a result of such interruption, and Tenant therefore actually ceases its business operations in the acts or negligence or willful misconduct of Landlord Premises, Base Rent and Additional Rent shall be abated for a the period of forty-eight that commences on the fifth (485th) consecutive hours during Business Day after the Lease Termdate of such interruption until such utilities are restored. If the entire Premises have not been rendered untenantable by such interruption or cessation of services or utilities, then Tenant's Rent payable hereunder the amount of abatement shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredprorated.

Utilities. Landlord agrees Subtenant shall pay directly to providethe applicable provider, when due, for all separately metered utilities exclusively serving the Subleased Premises and any equipment not located within the Subleased Premises but exclusively serving the Subleased Premises (including, without limitation, any HVAC units). As to all sub-metered utilities exclusively serving the Subleased Premises, the Subtenant Exclusive Area, any equipment therein, and/or any equipment not located within the Subleased Premises but exclusively serving the Subleased Premises (including, without limitation, any HVAC units), Subtenant shall reimburse Sublandlord, from time to time, for the actual cost of such utility service (including, without limitation, capacity charges, demand charges, taxes, and other fees), within fifteen (15) days after Subtenant’s receipt of a written invoice from Sublandlord, no more often than monthly. Sublandlord has installed or shall promptly install separate meters or sub-meters measuring the electricity furnished to Subleased Premises, Sublandlord’s Retained Space, the Sublandlord Exclusive Area and the Subtenant Exclusive Area; provided, Sublandlord may elect not to, at its costoption, waterseparately meter or sub-meter the lighting system and/or any incidental outlets in the warehouse space of the Building. Subtenant shall reimburse Sublandlord for the reasonable cost of all meters and sub-meters installed by Sublandlord to measure electricity furnished to Subleased Premises and/or the Subtenant Exclusive Area, electricity and telephone service connections into any equipment therein, and/or any equipment not located within the Premises; Subleased Premises but Tenant shall pay during exclusively serving the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Subleased Premises (collectively the "Services"including, without limitation, any HVAC units), within thirty (30) and days after Subtenant’s receipt of a written invoice from Sublandlord. Subtenant shall ensure that all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied electricity furnished to the Premises and shall contract for all equipment in the warehouse space that is part 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 Subleased Premises is separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 fortysub-eight (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredmetered.

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 providepurchase 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 its cost, water, electricity 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 telephone service connections into 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 during Landlord for same at the Lease Term 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 prior metered the same directly to delinquency all charges for waterthe Premises, gas, light, heat, power, electricity, telephone or other communication but in no event at a cost which is less than the cost Landlord must pay in providing such service, janitorial and 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 pick-upcompactor/trash removal, sewer cleaning, and all other services supplied security, available to or consumed on the Premises (collectively the "Services") and all taxesand, leviesin such event, fees or surcharges thereforTenant shall utilize such services, at Tenant's expense. Tenant shall arrange for Services to be supplied to 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 shall contract for all of the Services in set Tenant's name prior to thermostat at the Commencement Datesame temperature as that thermostat in the mall which is nearest the Premises. The Commencement Date Tenant shall not be delayed responsible for the installation, maintenance, repair and replacement of air conditioning, heating and ventilation systems within and specifically for 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 reason of any failure by Tenant to so contract for Servicesthe Landlord. In the event that any 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 such services with one of the Services cannot be separately billed service providers available at the Center. In addition to any rental abatement to which Tenant otherwise is entitled, if Tenant is prevented from using the Premises or metered 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 to the Premises, or if any then Tenant's rent shall be abated after the expiration of the Services are not separately metered as 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 Commencement Dateportion 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 cost 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 area of such Services reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be an Operating Expense and payable by Tenant from the date such business operations commence. Notwithstanding anything herein in this paragraph which may be to the contrary, Tenant shall pay not be permitted to abat▇ ▇▇▇t as hereinabove otherwise provided if the failure to provide any such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 utilities or shortage of any Services due to any 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 contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended services to the Premises is as a result of Tenant's failure to pay for the acts same or due to the negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease TermTenant, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment its employees, agents or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredcontractors.

Utilities. Landlord agrees (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 provide, at its cost, water, electricity and telephone the applicable utility service connections into provider for any utilities that are separately metered to the Premises; but (ii) Tenant shall pay during Landlord as Additional Rent for any utilities that are separately submetered to the Lease Term Premises based upon Tenant’s submetered usage, as well as for any maintenance and prior 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 delinquency 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 waterreading the applicable meters, gasprovided Landlord shall have the right to engage a third party to read the submeters, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or Tenant shall reimburse Landlord for both the utilities consumed on as evidenced by the Premises (collectively meters plus the "Services") and all taxes, levies, fees or surcharges costs for reading the meters within 20 days after receipt of an invoice therefor. Tenant shall arrange for Services pay such rates as Landlord may establish from time 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 time, which shall not be delayed by reason in excess of any failure 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 so contract 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 Servicessuch 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, Landlord is hereby authorized to request and obtain, 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 Building. Landlord shall have the right to 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 schedule 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, unless such interruption or delay: (i) renders the Premises or any material portion thereof untenantable for the normal conduct of Tenant’s business at the Premises, 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 willful misconduct; and (iii) extends for a period longer than 7 consecutive days, in which 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 reasonably determines that: (i) Tenant exceeds the design conditions for the heating, ventilation, and air conditioning (“HVAC”) system serving the Premises, introduces into the Premises equipment that overloads such system, or causes such system to not adequately perform its proper functions; or (ii) the heavy concentration of personnel, motors, machines, or equipment used in the Premises, including telephone and computer equipment, or any other condition in the Premises caused by Tenant (for example, more than one shift per day or 24-hour use of the Services canPremises), 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 to install one or more supplemental air conditioning units in the Premises with the cost thereof, including the cost of installation, operation and maintenance, being payable by Tenant to 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 be provided by Landlord (including a system for Landlord’s engineer reasonably to estimate any such excess usage). If such system indicates such excess services or utilities, Tenant shall pay Landlord’s reasonable charges for installing and operating such system and any supplementary air conditioning, ventilation, heat, electrical, or other systems or equipment (or adjustments or modifications to the existing Building systems and equipment), and Landlord’s reasonable charges for such amount of excess services or utilities used by Tenant. All supplemental HVAC systems and equipment serving the Premises shall be separately billed or metered to the PremisesPremises 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 keep cool any of Tenant’s information technology equipment that is placed together in one room, on a rack, or if in any of similar manner (“IT Equipment”), and Tenant waives any claim against Landlord in connection with Tenant’s IT Equipment. Landlord shall have the Services are not separately metered as of option to require that the Commencement Date, computer room and/or information technology closet in the cost of such Services Premises shall be an Operating Expense separately submetered at Tenant’s expense, and Tenant shall pay Landlord for all electricity registered in such cost submeter. Within 1 month after written request, Tenant shall provide to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained Landlord electrical load information reasonably requested by dividing the gross leasable square footage contained Landlord with respect to any computer room and/or information technology closet 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredPremises.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into We ll pay for the Premises; but Tenant shall following utilities: You ll pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other utilities, related deposits, and any charges, fees, or services supplied to on such utilities. We do not guarantee or consumed on warrant that there will be no interruption of utility service. You shall contact the Premises (collectively utility service provider in the "Services") and all taxesevent of an interruption of service. If your electricity is ever interrupted, levies, fees or surcharges therefor. Tenant shall 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 Servicesyou must use only battery-operated lighting. In the event that any certain utilities such as electricity, gas, water and sewer services are not supplied by the Landlord/Agent, Tenant , upon 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 by received by Landlord after ▇▇▇▇▇▇ takes possession of the Services canPremises 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 separately billed liable for any failure, interruption or metered to the Premisesstoppage of gas, or if electric and/or water at any time when beyond Landlord/Agent’s reasonable control and Tenant expressly releases Landlord/Agent of the Services are not separately metered as of the Commencement Date, the cost of such Services all liability in connection therewith. It shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants a material breach of this Lease and pay all Rentals the Tenant’s tenancy if any utility service, contracted for by Tenant, such as water, sewer, gas and/or electric services, are discontinued due hereunderto some act or omission by the Tenant. Tenant further agrees that when the outside temperature falls below 40 degrees Fahrenheit, all without diminution, credit or deduction. The immediately preceding sentence Tenant shall maintain a temperature within the Premises not below 55 degrees Fahrenheit in order to avoid damage to the contrary notwithstanding, Landlord Premises. ▇▇▇▇▇▇ further agrees and acknowledges that if Services are curtailed or suspended to the Premises as a result came with light bulbs and fuses at the commencement of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder term and shall not be equitably abated responsible to the extent provide such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoreditems to Tenant at any time thereafter.

Utilities. 10.1 Landlord agrees to providecause to be provided such mains, at its costconduits and other facilities necessary to supply electricity, water, electricity sewer, telephone and telephone service connections into gas (if available) to the Premises; but , in accordance with and subject to any special provisions contained in Exhibit “C”. 10.2 Tenant shall pay during the Lease Term and pay, prior to delinquency delinquency, all charges for electricity, water, gassewer, lighttelephone, heatsolid waste and garbage removal, powergas (where applicable), electricityand chilled water service (where applicable) furnished to the Premises, telephone and Landlord may, if it so elects, furnish one or other communication servicemore of such services to Tenant, janitorial serviceand, trash pick-upin such event, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange purchase such services as are Please initial: Landlord: Tenant: tendered by Landlord and shall pay for Services to be supplied such services at the rates actually paid therefor by Landlord to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date applicable public utility provider, provided that such rates shall not exceed the rates which would be delayed charged for the same service if furnished directly by reason of any failure by Tenant to so contract for Servicesthe applicable public utility then furnishing such service. In the event that at any time during the Term, or any extensions and renewals thereof, Tenant shall fail to pay any of the Services canforegoing charges within thirty (30) days after written demand therefor, Landlord shall have the right, but not the obligation, to pay such charge or charges for and on behalf of Tenant and such amounts so paid shall be deemed to be additional rent hereunder and shall be payable by Tenant to Landlord upon at least thirty (30) days after written demand therefor. 10.3 Except as provided in this Section, Landlord shall not be separately billed liable in 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 metered overload the capacity of any utility facilities 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 if Tenant does not in fact use or occupy such portion of the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 then all buildings utilizing such Services. The lack or shortage of any Services due to any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, then Tenant's Rent rent payable hereunder shall be equitably abated with respect to the extent such curtailment or suspension of Services interferes with Tenant's use portion of the Premises which Tenant does not occupy shall be abated retroactively to the first (as reasonably determined by Landlord 1st) business day of such interruption and such abatement shall continue until full use of such portion of the Premises is restored to Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord District agrees to providefurnish or cause to be furnished to the Facilities necessary utilities. Utilities include, at its costbut are not limited to, are electrical, natural gas, sewer, waste disposal/recycling and water services. Due to cost containment efforts by the District, the number of bins associated with the Site(s), the bin capacities and the number of removals per week shall not increase during the Term. The District’s failure to furnish or cause to be furnished necessary utilities when such failure is caused by (i) Acts of God or other acts beyond the control or fault of the District; (ii) strikes, lockouts, or other labor disturbances or labor disputes of any kind; (iii) any laws, rules, orders, ordinances, directions, regulations, requirements, or any other action by federal, state, county or municipal authority; (iv) inability despite the exercise of reasonable diligence by the District to obtain electricity, water, electricity and telephone service connections into or fuel; or (v) any other unavoidable delay, shall not cause the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services District to be supplied to the Premises in default and shall contract for all not result in any liability of the Services in Tenant's name prior to the Commencement DateDistrict. The Commencement Date Charter School shall not be delayed by reason of any failure by Tenant to so contract reimburse the District 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 as of the Commencement Date, the cost of such Services utilities at the Site, as charged to the District by its utility providers, pro-rated to reflect use by other users of the Site. Prior to the commencement of the 2013-2014 school year, the District shall be an Operating Expense and Tenant endeavor to notify the Charter School of its estimated monthly charge for utilities. The Charter School shall pay such charge to the District throughout the Term on a monthly basis concurrent with the Charter School’s payment of the Facilities Use Fee to the District pursuant to Section 4 of this Agreement. Within one hundred twenty (120) days after the expiration or earlier termination of this Agreement, the District shall provide the Charter School with a reconciliation of the Charter School’s actual utility usage throughout the Term and the cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 Servicesthereof. The lack District shall either refund the Charter School for any overpayment or shortage of shall invoice the Charter School for any Services due to any 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 deductionunderpayment. The immediately preceding sentence Charter School shall reimburse the District for such underpayment, if any, within thirty (30) days after receipt of said invoice. The Charter School shall comply with all District energy conservation policies in regard to the contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (Facilities, as reasonably determined by Landlord amended from time to time, including, but not limited to, Board Policy 3511 and Tenant) following such forty-eight (48) hour period until such Services are restoredthe District’s Energy Education program.

Utilities. Landlord agrees to provide, a. From and after the Ready for Occupancy Date and at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall 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 as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours times during the Lease Term, then 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's Rent payable hereunder shall be equitably abated , its employees, agents, servants, customers and other invitees in the Premises, and to the extent possible shall contract for the same in its own name and on separate meters. If Tenant fails to pay any such curtailment 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 the date of expenditure until paid. Landlord shall have no liability for interruption of any utility service, and Tenant may not ▇▇▇▇▇ rent, unless due to Landlord’s gross negligence or suspension willful misconduct, and not due to any fault of Services interferes with Tenant but Landlord shall in any event diligently proceed to have such utility service promptly restored. b. Tenant's , at Tenant’s expense shall pay for all utilities including water, sewer, gas, telephone, trash, and electricity to the Premises 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 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 reasonably 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 Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoreda flow meter to be installed by Landlord.

Utilities. Landlord agrees to provide, at its cost, 14.1 Tenant shall obtain all water, electricity electricity, sewerage, gas, telephone and telephone service connections into other utilities directly from the Premises; but public utility company furnishing same. Any meters required in connection therewith shall be installed at Tenant's sole cost. Tenant shall pay during the Lease Term all utility deposits and prior to delinquency fees, and all monthly service charges for water, electricity, sewage, gas, light, heat, power, electricity, telephone or and any other communication service, janitorial service, trash pick-up, sewer and all other utility services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied furnished to the Demised Premises and shall contract for all during the term 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 Servicesthis lease. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services such utilities are not separately metered as of 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 shall be an Operating Expense and Tenant shall pay such cost to Landlordservices, as Additional Rentdetermined 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, as provided in Paragraph 12 below, except that Tenant's proportionate share Tenant and such other tenants shall allocate the cost of such Services utility amongst themselves and shall each be responsible for the percentage obtained by dividing payment of its allocable share. Landlord shall furnish and install all piping, feeders, risers and other connections necessary to bring utilities to the gross leasable square footage contained in perimeter walls of the Premises by the total gross leasable square footage located in all buildings utilizing such ServicesDemised Premises. The lack or shortage of any Services due to any 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 Anything to the contrary notwithstanding, Landlord agrees that if Services are curtailed Tenant shall remain obligated for the payment of Tenant's pro rata share of any heating costs and/or other utilities or suspended services furnished to the Premises Common Areas pursuant to Section 7.4. 14.2 Tenant shall have the right to 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 a result necessary, by Tenant in its sole expense and shall be surrendered by Tenant to Landlord at the end of the term of this lease together with the Demised Premises. Subject to Section 3.2, Landlord makes no representation or warranty as to the condition or capacity of such equipment. Landlord shall have no obligation whatsoever to provide the Demised Premises with any additional heat, air conditioning, ventilation or hot water. 14.3 Landlord shall not be liable 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 negligence or willful misconduct 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 Landlord's authorized agent; (ii) can be repaired at the Industrial Complex; and (iii) continues for a period of forty-eight more than sixty (4860) consecutive hours during the Lease Termdays, then Tenant's Rent payable hereunder Tenant shall be equitably abated entitled to a proportionate abatement of all rental charges due hereunder, effective on the extent sixtieth day of such curtailment utility service failure. 14.4 Tenant shall not install any equipment which exceeds or suspension of Services interferes with Tenant's use overloads the capacity of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredutility facilities serving the Demised Premises.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall arrange and pay during the Lease Term and prior to delinquency for all charges for waterfuel, gas, light, heat, power, electricitywater, telephone sewage, garbage disposal, telephone, and other utility charges, and the expenses of installation, maintenance, use, and service in connection with the foregoing, for the Premises during the Term before delinquency (or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed before they can become a lien on the Premises on account of non-payment thereof, if later) but in any event prior to the Expiration 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 (collectively the "Services") including any interest and penalties), and/or specific performance, and Tenant waives all taxesdefenses, leviesexcept defense of performance, fees or surcharges thereforin any action brought by Landlord to enforce its rights under this Section. Tenant shall arrange promptly reimburse Landlord for Services to be supplied any payments made and costs incurred under this Section, plus 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, interest at the Default Interest Rate and Legal Costs. Notwithstanding anything to the Premises and shall contract for all of contrary, should any non-payment under this section result in a lien on 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 as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease TermFee Estate, then Tenant's Rent payable hereunder Landlord shall be equitably abated to have the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredremedies provided for Prohibited Liens.

Utilities. Landlord agrees (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 provide, at its cost, water, electricity and telephone the applicable utility service connections into provider for any utilities that are separately metered (not submetered) to the Premises; but (ii) Tenant shall pay during Landlord for any utilities serving the Lease Term Premises that are separately submetered based upon Tenant’s submetered usage, (Landlord shall be responsible for any maintenance and prior 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 delinquency Building tenants or paid separately by such tenants. 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 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 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 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 estimate the utility charge, which estimated amount shall be payable to Landlord within 30 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 waterreading the applicable meters, gasprovided Landlord shall have the right to engage a third party to read the submeters, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or Tenant shall reimburse Landlord for both the utilities consumed on as evidenced by the Premises (collectively meters plus the "Services") and all taxes, levies, fees or surcharges costs for reading the meters within 30 days after receipt of an invoice therefor. Tenant shall arrange for Services pay such rates as Landlord may establish from time 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 time, which shall not be delayed by reason in excess of any failure applicable rates chargeable by Tenant to so contract for Services. In the event that any Law, or in excess of the Services cangeneral 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, and such failure continues uncured following fifteen (15) days written notice thereof Landlord shall have the right but not the obligation to pay such charges on Tenant’s behalf and ▇▇▇▇ Tenant for such costs plus the Administrative Fee (as defined in Section 17), which amount shall be separately billed or metered 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 Premisesservice, or if any equipment, wiring, and requirements of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 utility supplying electricity to the contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredBuilding.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency for all charges for water, gas, heat, light, heat, power, electricity, telephone or other communication service, janitorial servicetelephone, trash pick-up, sewer and all other utilities and services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall 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 together with any taxes. If any of the Services those services are not separately metered to Tenant, Tenant will pay a reasonable proportion to be determined by Landlord of all charges jointly metered with 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 in Landlord’s sole and absolute discretion. Notwithstanding the foregoing, Landlord shall have no liability, whatsoever, in the 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 the manner of the conduct of business in the Premises as of the Commencement DateEffective Date of this Lease, or install additional equipment not located on the cost Premises as of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlordthe Effective Date of this Lease which would have the effect of materially increasing Tenant’s consumption of any utilities, as Additional Rent, as provided determined by Landlord in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained Landlord’s sole and absolute discretion. Landlord agrees to allow Tenant to install separate UPS power devices in the Premises by as Tenant desires; provided, however, Landlord shall not be liable to Tenant in the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage event of any Services due failure of or damage to such power devices or for any cause whatsoever shall not affect damage or consequences resulting from or in any obligation way related to the use of Tenant hereunder, and such power devices in the Premises. Tenant shall faithfully keep assume all costs associated with installing and observe all using such UPS power devices, including, but not limited to, the terms, conditions and covenants costs of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence any increase in costs to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to utilities serving the Premises as a result resulting from the use and operation of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoreddevices.

Utilities. Landlord agrees to provide(a) Commencing on the Commencement Date, at its costand continuing throughout the Term, water, electricity and telephone service connections into the Premises; but Tenant shall pay during for utility services as follows without setoff, deduction, or counterclaim (except as otherwise provided herein): (i) Tenant shall pay directly to the Lease Term applicable utility service provider for any utilities that are separately metered (not submetered) to the Premises; (ii) Tenant shall pay Landlord for any utilities serving the Premises that are separately submetered based upon Tenant’s submetered usage; and prior (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 delinquency Building tenants or paid separately by such tenants. Notwithstanding anything to the contrary 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 estimate the utility charge, which estimated amount shall be payable to Landlord within thirty (30) 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 waterreading the applicable meters, gasprovided Landlord shall have the right to engage a third party to read the submeters, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or Tenant shall reimburse Landlord for both the utilities consumed on as evidenced by the Premises meters plus the reasonable costs for reading the meters within thirty (collectively the "Services"30) and all taxes, levies, fees or surcharges days after receipt of an invoice therefor. Tenant shall arrange for Services pay such rates as Landlord may establish from time 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 time, which shall not be delayed by reason in excess of any failure applicable rates chargeable by Tenant to so contract for Services. In the event that any Law, or in excess of the Services cangeneral 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 ▇▇▇▇ Tenant for such costs plus the Administrative Fee (as defined in Section 17), which amount shall be separately billed or metered 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 Premisesservice, or if any equipment, wiring, and requirements of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 utility supplying electricity to the contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredBuilding.

Utilities. Landlord agrees to provideDuring each calendar year or part thereof during the Lease Term, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall 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 as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, the actual cost incurred by Landlord with respect to all electricity, water, gas, fuel, steam, light, power and other utilities consumed within the Premises, as provided more particularly described in Paragraph 12 below, except that Tenant's proportionate share of this Section 4.7 (all such Services costs payable by Tenant pursuant to this Section 4.7 shall be the percentage obtained by dividing the gross leasable square footage contained in referred to as “Tenant’s Monthly Utility Charge”, and all such amounts shall constitute rent hereunder). All electricity directly serving the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack (“Direct Electrical Costs”) shall be separately metered or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, submetered and Tenant shall faithfully keep pay the cost (without ▇▇▇▇ up by Landlord) of all such Direct Electrical Costs either to Landlord as a reimbursement, or, at Landlord’s election, as a payment directly to the entity providing such electricity. With respect to all utility costs for the Premises other than Direct Electrical Costs (collectively, “Other Utility Costs”), Landlord shall have the right, from time to time, to equitably allocate some or all of such Other Utility Costs among cost pools for different portions or occupants of the Building, in Landlord’s reasonable discretion. Such cost pools may include, but shall not be limited to, office space tenants and observe all retail space tenants of the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deductionBuilding. The immediately preceding sentence utility costs within each such cost pool shall be allocated and charged to the contrary notwithstandingtenants within such cost pool in an equitable manner. With respect to Other Utility Costs that vary based on occupancy, such if the Building is not at least one hundred percent (100%) occupied during all or a portion of any month, Landlord agrees shall elect to make an appropriate adjustment to the components of Other Utility Costs for such month to determine the amount of Other Utility Costs that if Services would have been incurred had the Building been one hundred percent (100%) occupied; and the amount so determined shall be deemed to have been the amount of Other Utility Costs for such month. Payments on account of Tenant’s Monthly Utility Charge are curtailed due and payable monthly together with the payment of Base Rent. Tenant’s Monthly Utility Charges shall not be based upon the Base Year. Notwithstanding the foregoing, with respect to HVAC (as defined below), Landlord owns and operates a central plant which generates both hot and cold water to be used for artificial heating and cooling of building improvements in the Project, including, but not limited to, the Premises, and to heat culinary water used by the occupants and guests of the Project, including, but not limited to, the Premises. Landlord shall deliver hot and cold water to their respective points of connection to the Premises, with hot water being delivered at a temperature of not less than 180°F and chilled water being delivered at a temperature of no warmer than 45°F, or suspended sufficiently hot/cool so as maintain 72°F air temperature in cooling mode and 70°F air temperature in heating mode in the Premises. Tenant, at Tenant’s sole cost and expense, shall maintain all HVAC facilities from the point of connection to the Premises as a result and Landlord shall maintain all HVAC facilities serving the Project generally, up to their point of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated connection to the extent such curtailment or suspension of Services interferes with Tenant's use of Premises. Tenant shall pay Landlord, as additional rent, $1.26 per cooling per one hundred thousand BTU and $2.62 per heating per one hundred thousand BTU, which rates are subject to change from time to time based on increases in the Premises (as reasonably determined utility costs charged to Landlord by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredthe applicable utility companies.

Utilities. Landlord agrees shall arrange for the supply of gas and electricity to providethe 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, at its costshall obtain such service in Tenant's name and shall pay the monthly charges therefor, subject to Tenant's right of offset in Paragraph 3.2 hereof. Tenant shall arrange directly for any other utility services to be provided to the Building. Tenant shall be responsible for determining if the local supplier of water, gas and electricity can supply the needs of Tenant and telephone service connections into whether or not the Premises; but existing water, gas and 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 Paragraph 3.3 hereof, Tenant shall pay during the Lease Term all charges and prior to delinquency all special charges for water, gas, lightelectricity and storm and sanitary sewer services, heat, power, electricity, telephone or and other communication service, janitorial service, trash pick-up, sewer waste discharge services and all other services permits as so supplied to the Leased Premises, irrespective of whether or consumed on 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. Either party hereto, at its sole cost and expense, hereto may cause the Leased Premises (collectively or the "Services") and all taxesBuilding to be separately metered for gas, levieselectricity and/or water, fees or surcharges therefor. in which case Tenant shall arrange for Services any such separately metered service to be supplied to the Premises and shall contract for all of the Services put in Tenant's name prior and shall pay the cost for such service directly to the Commencement Date. The Commencement Date utility provider, in which case Expenses 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 as of the Commencement Date, include the cost of any such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that service paid directly by Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. 3.5.1 Landlord agrees shall have the right from time to providetime 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 its costany time and to purchase green or renewable energy, provided that the cost of 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, sewer, electricity and telephone service connections into the Premises; but HVAC, Tenant 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 in addition to, Operating Costs. Landlord estimates that the present cost of electric current for lights and convenience outlets (exclusive of any other purposes) shall be Two and 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 delinquency all charges 1:00 p.m. on the immediately preceding Business Day with respect to service on non-Business Days. The charge to Tenant for waterAfter-Hours HVAC shall be at Landlord’s then-standard hourly rate in effect from time to time for After-Hours HVAC; provided, gashowever 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, light, heat, power, electricity, telephone space heaters or other communication service, janitorial service, trash pickutilities or energy-up, sewer and all other services supplied to or consumed on intensive equipment (“Supplemental Utilities Equipment”) in the Premises (collectively the "Services") and all taxeswithout Landlord’s prior written consent, levies, fees or surcharges therefor. Tenant shall 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 which consent shall not be delayed unreasonably withheld and excluding any such equipment included in the Plans and Specifications approved by reason of any failure by Tenant to so contract for ServicesLandlord. 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 Services cannot be separately billed Premises upon the expiration or metered to the Premises, or if any termination of the Services are not separately metered as 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 Commencement Datepage having a heading in at least 12-point type, the cost of such Services shall be an Operating Expense bold and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any cause whatsoever shall not affect any obligation of Tenant hereundercapital 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 faithfully keep have no obligation to remove any Supplemental Utilities Equipment which has not been so identified by Landlord. Tenant agrees that it will maintain and observe repair any Supplemental Utilities Equipment, and major components thereof, in first-class condition, and to the extent 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 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 disturb 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, 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 cause Tenant to separately submeter) any Supplemental Utilities Equipment, all at Tenant’s sole cost and expense. Notwithstanding anything herein to the termscontrary, conditions and covenants in the event that any Supplemental Utilities Equipment is required to be removed from the Premises by Tenant pursuant to the terms of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstandingparagraph 3.5.5, Landlord agrees may perform such removal at its election, and Tenant shall reimburse Landlord for any costs relating thereto, or in the event that if Services are curtailed or suspended Tenant performs such removal, Tenant shall be responsible to Landlord for any damage caused to the Premises as a result of or Building in connection therewith. 3.5.6 To the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Termextent reasonably available to Tenant, then Tenant's Rent payable hereunder Tenant shall be equitably abated required to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as submit to Landlord any electricity consumption data and costs in a format deemed reasonably determined acceptable by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLandlord.

Utilities. Landlord agrees In addition to provideall other sums Tenant is required to pay pursuant to this Lease, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall be solely responsible for and shall pay during the Lease Term and as additional rent prior to delinquency all charges for electricity, telephone, water, gasgas (if any), light, heat, power, electricity, telephone or heat and any other communication service, janitorial service, trash pick-up, sewer and all other services supplied to utilities used or consumed on the Premises (collectively from and after the "Services") and date Tenant first takes possession of the Premises. If the Premises are separately metered by the utility service company Tenant agrees to pay all taxescharges therefor attributable to the Lease term directly to the appropriate utility service company before delinquency, levieswhether the statement or invoice therefor is delivered to Tenant during, fees or surcharges thereforafter expiration of, the Lease term. If the Premises are separately metered by the Landlord, Tenant agrees to pay all charges therefore attributable to the Lease term directly to Landlord before delinquency, whether the statement or invoice therefore is delivered to Tenant during, or after expiration of, the Lease term. Tenant shall arrange for Services pay to Landlord before delinquency its pro-rata share of the costs of any utility services that are not separately metered. Tenant’s pro-rata share shall be supplied equal to the Premises and shall contract for all of the Services in ratio which Tenant's name prior ’s rentable ground floor area bears to the Commencement Datetotal rentable ground floor area which has the benefit of, or receives, the expense or utility service for which Tenant is being charged. The Commencement Date Nothing contained in this Lease shall not limit Landlord in any way from granting or using easements on, across, over, and under the Development for the purpose of providing utility services for Tenant or others. In no event shall Landlord be delayed by reason responsible for any loss, cost, liability or expense of any failure by person or entity resulting from any interruption of utility services to Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to and/or the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services nor shall rent be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises offset as a result of any such interruption, unless any such utility interruption is due to the acts or Landlord’s gross negligence or willful intentional misconduct of Landlord and continues for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated or more after Tenant provides written notice thereof to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLandlord.

Utilities. Landlord agrees 6.1 Sublessee will contract separately and independently with providers to providesupply all electrical, at its costbeating, waterfuel oil, electricity and telephone service connections into alarm services to the Demised Premises; . All costs associated with such services, including, but Tenant shall pay during not limited to fees or expenses related to re-routing utility conduits (including, without limitation, for fuel oil) in order that the Lease Term Demised Premises is suitable for Sublessee’s operation and prior 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 delinquency effect the proper separation of the foregoing utilities so Sublessee can contract for such utilities independently and Sublessee will bear all charges costs related to or arising from such separation. Sublessor will reasonably facilitate communication between Sublessee and Base Lessor for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and the foregoing purposes. For all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied utilities provided 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 Demised Premises, or if any of the Services including, but not limited to hot and cold water services and other utilities which are not separately metered as reasonably capable of the Commencement Datesubmetering, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to LandlordSublessor will ▇▇▇▇ Sublessee, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's based on Sublessee’s proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 Property, 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 reasonably determined 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 Landlord 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 Tenantother modifications necessary to provide for separate metering, (iii) following such fortyexpenses 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-eight 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 (48i) hour period until such Services are restoredof 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. Landlord Licensor covenants and agrees to provide, at its cost, water, maintain public utilities to furnish any electricity and telephone service connections into water utilized in operating any and all of the facilities serving the Premises; but Tenant . Licensor and Licensee shall 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 to provide for separate metering and pay during the Lease Term and prior to delinquency for all charges for water, gas, heat, light, heat, power, electricitytelephone and other such utilities separately metered to the Premises. If any utilities and services are not supplied and separately metered to the Premises, telephone Licensee shall pay Licensee’s Proportionate 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 other communication servicefailure of utilities shall result in the termination of this Agreement or the abatement of rent, janitorial serviceexcept as expressly provided below. Notwithstanding anything contained herein to the contrary, trash pick-upin 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, sewer and all other services supplied to or consumed then, provided Licensee has delivered Licensor with prompt notice of such interruption, the Annual Base Fee under this Agreement will ▇▇▇▇▇, commencing on the fourth (4th) day of such interruption or cessation, and continuing until the date on which the utilities are restored and the Premises (collectively are again tenantable. No abatement of rentals as hereinabove described will apply to the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied extent such interruption of utilities is the result of Licensee’s alterations to the Premises and shall contract for all or Capital Improvements, or any negligent act or omission of Licensee, its agents, employees or contractors, or any cause other than the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason negligent or willful act or omission of any failure by Tenant to so contract for ServicesLicensor or its employees, agents or contractors. In the event that any of the Services cannot be separately billed or metered to the PremisesLicensor has advance knowledge of, or if any otherwise plans an interruption or cessation of utilities, Licensor shall give Licensee at least 14-day advanced notice or such other greater advanced notice as is reasonable under the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredcircumstance.

Utilities. Landlord agrees to provide5.01. The Parties acknowledge that as of the Commencement Date utilities serving the Premises, at its costbeing electricity, steam, supply water, electricity and telephone sanitary sewer (the “Utilities”) are separately metered with Tenant paying all costs for utility services to the service connections into providers. In the Premises; but 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 during the Lease Term and prior to delinquency all charges for waterUtilities serving the Premises directly to the Utility provider. Until such time as electricity or any other Utilities are separately metered to the Premises, gassuch Utilities to the Premises shall continue to be interconnected to Landlord’s utility infrastructure, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and shall be provided to Tenant and paid for in the same manner and subject to the same conditions as all other services supplied Utilities are provided to or consumed Tenant. Until such Utilities are separately metered, Tenant shall 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, (collectively the "Services"iii) and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to comply with all applicable laws, rules and regulations regarding the Premises use thereof and shall contract for all the discharge of substances therein, and (iv) the daily volume of oily water discharged therein may not materially exceed the volume of the Services in Tenant's name typical daily discharge therein resulting from Landlord’s operation of the Property prior to the Commencement Date. The Commencement Date Landlord shall not be delayed by reason have no obligation to provide telephone service to the Premises or any other utility service of any failure by Tenant to so contract kind except as set forth in this Section. Landlord shall in no event be liable or responsible for Services. In the event that any of the Services cannot be separately billed cessation or metered interruption in, or damage caused by, any utility services provided to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined whether by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredor otherwise, unless the cessation or interruption results from Landlord’s intentional misconduct or gross negligence.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord agrees to provideshall ensure the delivery of and pay the cost of all utilities for the Building, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for waterincluding electricity, gas, light, heat, power, electricity, telephone or other communication servicehot and cold water, janitorial serviceservices, trash pick-uptelephone, sewer cable and all other utility services supplied to installed for the Leased Premises or consumed on the Premises (collectively the "Services") and all taxesoccupants thereof, leviesincluding, without limitation, fees or surcharges thereforand taxes thereon. Tenant Landlord shall arrange additionally provide a generator for Services to be supplied to electricity that automatically provides back-up electric power for the Premises and shall contract for all Building in the event of a failure of the Services applicable utility to do so. (b) Except as otherwise set forth in Tenant's name prior to the Commencement Date. The Commencement Date this Lease, Landlord shall not be delayed by reason liable in damages or otherwise for any failure or interruption of any utility or other service being furnished to the Leased Premises, and no such failure by or interruption shall entitle Tenant to so contract for Servicesany abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. In Notwithstanding the event that any foregoing, if (i) an interruption or curtailment, suspension or stoppage of the Services cannot be separately billed or metered electrical service to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services Building occurs and continues without restoration for more than twenty-four (24) hours after Landlord shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that have received notice thereof from Tenant's proportionate share of such 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 any 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 contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises (ii) as a result of interruption or curtailment, suspension or stoppage of electrical service to the acts 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 period of forty-eight (48) consecutive single shift that runs between such times, Tenant shall have the right to override the timing controls during off hours during and on weekends to ensure that the Lease TermLeased Premises are at a commercially reasonable temperature. However, then Tenant's Rent payable hereunder in the event that Tenant shall be equitably abated to maintain more than one operating shift, Tenant acknowledges and agrees that Landlord may charge Tenant for the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined additional utility charges incurred by Landlord to maintain the Leased Premises at a commercially reasonable temperature to comply with ASHRAE standards for. office and Tenant) following such forty-eight (48) hour period until such Services are restoredlaboratory occupancy, as applicable, during off hours and weekends.

Utilities. Landlord agrees shall provide mains and conduits to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for supply water, gas, lightelectricity and sanitary sewage to the Property. Tenant shall pay, heatwhen due, powerdirectly to the appropriate provider, 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 other communication service, janitorial service, trash pick-up, sewer energy source separately metered and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied 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”). If additional costs are required to separately meter the Premises it will be at Landlord’s sole cost and shall contract for all of the Services in Tenant's name prior expense. If any services or utilities furnished to the Commencement Date. The Commencement Date shall not be delayed by reason Premises are jointly metered with other premises, Landlord will make a commercially reasonable determination 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 as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's ’s proportionate share of such Services Utility Costs and Tenant, within ten (10) business days following Tenant’s receipt of an invoice therefore, shall pay such share to Landlord as Additional Rent. 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 not exceed the rate Tenant would be required to pay to a utility company or service company furnishing any of the foregoing utilities or services. The charges thereof shall be the percentage obtained by dividing the gross leasable square footage contained deemed Additional Rent in the Premises by the total gross leasable square footage located in all buildings utilizing such Servicesaccordance with Article 3. The lack or shortage of any Services due to any cause whatsoever Landlord shall not affect any obligation of Tenant hereunderbe liable for, and Tenant shall faithfully keep and observe all the terms, conditions and covenants not be entitled to any abatement or reduction of this Lease and pay all Rentals due hereunder, all without diminution, credit Base Rent or deduction. The immediately preceding sentence Additional Rent by reason of Landlord’s failure to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result furnish any of the acts foregoing utilities, when such failure is caused by accident, breakage, repairs (including replacements), strikes, lockouts or negligence other labor disturbances or willful misconduct labor disputes of Landlord any character, or for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated any other causes not attributable to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLandlord.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall contract directly and pay during the Lease Term and prior to delinquency for all charges for water, gas, heat, light, heat, power, electricitytelephone, telephone sewer, sprinkler charges and other utilities used on or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on from the Premises (collectively the "Services") and all together with any taxes, leviespenalties, fees surcharges or surcharges thereforsimilar charges relating to such utilities. Tenant shall 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 If any such service is 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 the cost therefor shall be billed by Landlord to Tenant as a part of the Services are not separately metered as Tenant's share of the Commencement DateOperating Costs, provided that the cost of such Services electric current for lights and convenience outlets shall be an billed by Landlord to Tenant separately from, and in addition to, Operating Expense 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 cost will not increase during the Term due to increases in electric rates or electricity consumption, as the 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 for such cost additional HVAC service at Landlord's hourly rate in effect from time to time, the fee schedule initially in effect being attached as Exhibit E, and shall pay all charges therefor when and as billed by Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services . Such charges shall be deemed Additional Rent under 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLease.

Utilities. Landlord agrees to provideSection 11.1. As Additional Rent and in accordance with Article 2 of this Lease, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during its proportionate share (calculated on a square footage or other equitable basis as calculated by Landlord) of the Lease Term and prior to delinquency cost of all utility charges for such as water, gas, light, heat, power, electricity, telephone telephone, telex and other electronic communications service, sewer service, waste-pick-up and any other utilities, materials or services furnished directly to the building(s) in which the Premises are located, including, without limitation, any temporary or permanent utility surcharge or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to exactions whether or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefornot hereinafter imposed. Section 11.2. Tenant shall 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 Landlord shall not be delayed 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 so contract for Services. In the event that any extent of the Services cannot be separately billed or metered interference with Tenant’s use of the Premises occasioned thereby if. Section 11.3. Landlord shall furnish to the PremisesPremises between the hours of 8:00 a.m. and 6:00 p.m. (“Building Hours”), or if any Mondays through Fridays (holidays excepted), and subject to the rules and regulations of the Services are not separately metered as Complex hereinbefore referred to, reasonable quantities of water, gas and electricity suitable for the normal use of the Commencement DatePremises 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, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost have the right, upon prior written notice to Landlord, as Additional Rentto 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, as 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 in Paragraph 12 belowto Tenant outside of Building Hours, except that Tenant's proportionate share of such Services Tenant shall be responsible for the percentage obtained 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 dividing all regulations and requirements that Landlord may reasonably prescribe for the gross leasable square footage contained 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 total gross leasable square footage located temperature otherwise maintained by the air-conditioning system, Landlord shall have the right to install supplementary air-conditioning units in all buildings utilizing 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 Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including, without limitation, electronic data processing machines or machines using current in excess of 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 apparatus or device for the purposes of using electric current, gas, or water. If Tenant shall require water, gas, or electric current in excess of that usually furnished or supplied to premises being used as general office space, Tenant shall first obtain the written consent of Landlord, which consent shall not be unreasonably withheld, and Landlord may cause an electric current, gas, or water meter to be installed in the Premises in order to measure the amount of electric current, gas, or water consumed for any such Servicesexcess use. The lack or shortage cost of any Services due to such 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 any cause whatsoever actual additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall not affect any obligation of Tenant hereunderbe paid by Tenant, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and agrees to pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined therefor promptly upon demand by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLandlord.

Utilities. Landlord agrees LESSOR shall provide to providethe Leased Premises the building standard facilities for heat and air conditioning for the Leased Premises, and also to the common areas and facilities which LESSEE enjoys the right to use, as required for comfortable occupancy, during 8 AM to 6 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 its costLESSEE’s sole cost and expense). Notwithstanding the foregoing, water, electricity and telephone service connections into the Premises; but Tenant LESSEE shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed electricity used on the Leased Premises. LESSEE shall pay all actual charges, without ▇▇▇▇-up or profit to LESSOR, for electricity used on the Leased Premises as it may be separately metered to the Leased Premises, or based on LESSEE’s Allocable Percentage of the total electric ▇▇▇▇ for the Building if not separately metered or if only partially separately metered to the Leased Premises (collectively whichever or both as may be applicable), at the "Services") and all taxes, levies, fees or surcharges thereforreasonable determination of the LESSOR. Tenant LESSOR shall arrange for Services to be supplied determine any 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 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 contract issue LESSEE a refund or deficiency statement for all that year, as appropriate. LESSEE shall pay any deficiency shown thereon within thirty (30) days of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason its receipt of any failure by Tenant to so contract for Servicessaid invoice. In the event that 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 Services cannot be separately billed or metered to relevant electric bills, and information regarding which spaces in the Premises, or if any of the Services Building are not separately metered as of to other lessees and occupants, to LESSEE upon LESSEE’s request. LESSOR shall maintain an average temperature in the Commencement Date, Building between 60 degrees Fahrenheit and 80 degrees Fahrenheit at all times; and an average temperature in the cost of such Services Leased Premises generally between 68 degrees Fahrenheit and 76 degree Fahrenheit during Normal Business Hours. LESSOR shall be an Operating Expense make available overtime heat and Tenant air-conditioning and LESSEE shall pay such cost 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, per hour (subject to Landlordincrease by the same percentage amount by which the standard electric rates are increased), as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services billed by LESSOR. LESSEE 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 give LESSOR twenty four (24) hours prior notice of any Services due to any cause whatsoever requirements for specialized overtime heating and air-conditioning. LESSOR shall not affect be liable to LESSEE for any obligation of Tenant hereunderinterruption, and Tenant shall faithfully keep and observe all the termsinterference, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit damage or deduction. The immediately preceding sentence loss to the contrary notwithstanding, Landlord agrees that if Services are curtailed LESSEE’s research or suspended to the Premises experimentation occasioned as a result of any failure in the acts heating, ventilation, air conditioning, or negligence electrical services or other utilities servicing the Building or the Leased Premises not caused by LESSOR’s negligence, willful misconduct of Landlord for 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 period of forty-eight (48) consecutive hours during municipal permit or which may interfere with any other tenant in the Lease Term, then Tenant's Rent payable hereunder Building shall be equitably abated 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 additional charge: (a) non-exclusive shared passenger and freight elevator service and loading dock service to the extent such curtailment or suspension of Services interferes with Tenant's use of the Leased Premises on a 24-hour basis, (as reasonably determined by Landlord b) base Building fire and Tenantlife-safety systems; and (c) following such forty-eight (48) hour period until such Services are restoredjanitorial and cleaning service to common lavatories and common areas.

Utilities. Landlord agrees A. Tenant shall be responsible for coordinating and paying for its utilities directly with and to provideutility providers. Where possible, at its cost, water, electricity utilities shall be separately metered and telephone service connections into the Premises; but Tenant shall pay during such charges directly to the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone respective utility company or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed agency. B. CITY has provided some utility infrastructure on the Premises (collectively the "Services") Airport property and all taxes, levies, fees or surcharges thereforTenant has familiarized itself with such infrastructure and determined what else Tenant must install to meet Tenant’s needs. Tenant shall arrange be responsible for Services to be supplied the construction and expense of all utility improvements and connections on and to the Premises and shall contract for all of except those that already exist on 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 Serviceseffective date. In the event that any installation of a fire hydrant is necessary in order for Tenant to have sufficient fire protection service to the contemplated Tenant Improvements, Tenant shall be responsible for the installation of the Services cannot be separately billed 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 metered 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 existing utility easements over, under or across the Premises, or if any of and to grant necessary utility easements, provided that in the Services are not separately metered as of the Commencement Date, the cost exercise of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes rights causes no interference with Tenant's use of the Premises (except reasonable temporary interference occasioned by installation of facilities associated with such easements, and CITY shall repair any 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 Premises 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, except in the event of an emergency, CITY shall provide to Tenant reasonable notice of proposed changes and copies of any written plans, shall reasonably determined by Landlord coordinate with Tenant, and shall use best efforts to be the least intrusive to Tenant) following such forty-eight (48) hour period until such Services are restored’s operations as commercially practicable.

Utilities. Landlord 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 provideprovide 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 greater capacity. Sublessor also reserves the right to run such utility lines as it deems necessary in connection with the development of the Airport to, from, or through the Subleased Premises, provided, however, that such right does not include the right to run any such lines through, under or over any structure on the Subleased Premises and further provided the Sublessor in. exercising such reserved right shall provide reasonable prior notice and the opportunity to confer with Sublessee and shall exercise reasonable efforts to avoid or minimize interference with use of the Subleased Premises. Sublessor, at its costsole discretion, watershall have the right from time to time, electricity to alter the method and telephone 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 connections into 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 the 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, 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 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; but Tenant 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 pay during be solely responsible for and promptly pay, as and when the Lease Term same become due and prior to delinquency payable, all charges for water, gas, light, heat, powersewer, electricity, gas, telephone arid any other utility used or consumed in the Subleased Premises and supplied by Sublessor, any public utility or authority or any other communication serviceperson, janitorial service, trash pick-up, sewer 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 sewage or stormwater discharge permits as may be required for 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 other services supplied land use control regulations promulgated by Sublessor and any and all federal, state and local requirements and standards concerning stormwater discharges and discharges to or consumed 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 the Premises International Drive and Corporate Drive (collectively the "Services") Wastewater/Water Improvements' as more specifically set forth in Exhibit D-1. In connection with said relocation, upgrade and all taxesimprovement, leviesSublessee agrees to-pay its proportional share of the Wastewater/Water Improvements, fees or surcharges thereforwhich 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. Tenant shall arrange for Services to be supplied roadway resurfacing. Notwithstanding any provision of this Sublease with respect to the Premises and shall contract for all calculation of useable acreage of the Services Subleased Premises, Sublessee's proportional share of the Wastewater/Water Improvements is as set forth in Tenant's name prior Exhibit D-1. As a condition precedent to the Commencement Dateissuance by the City of Portsmouth of a Building 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. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event Sublessee agrees that any of the Services cannot be separately billed or metered payment obligation with respect to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services Wastewater/Water Improvements shall be considered an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants imposition under Article S of this Lease and pay all Rentals due hereunder, all without diminution, credit or deductionSublease. The immediately preceding sentence to the contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.END OF ARTICLE 14 -----------------

Utilities. Landlord agrees (a) The Project (whether or not provided by a public utility provider) will have adequate water and electrical supply (including commissioned critical capacity from utility electric power to providethe Data Center Substation) and including on-site dedicated back-up power from utility electric power) storm and sanitary sewerage and wastewater facilities, other required public utilities, fire and police protection, and means of access between the Project and public highways, in each case, in accordance with Borrower’s obligations under any Lease, and to Borrower’s knowledge, none of the foregoing will be foreseeably delayed or impeded by virtue of any requirements under any Applicable Laws. (b) The Trust Property Land is not located in a “groundwater conservation district” created by the legislature of the State of Texas or the Texas Commission on Environmental Quality. (c) [***]. (d) No such utility services are subject to any moratorium, or, to ▇▇▇▇▇▇▇▇’s knowledge, would be subject to any threatened moratorium, imposed by any authority having jurisdiction. (e) No Material Permit, other than those that have previously been obtained and remain valid, that Galaxy Power is solely responsible for obtaining and those identified on Schedule 3.4, are required for the provision of any such utility services by Galaxy Power to the Borrower or by the Borrower to any Tenant, including any Material Permit with respect to the construction or operation of any utility facilities necessary to provide such utility service. (f) Electrical supply to the Data Center Substation will be obtained by the Borrower from [***] pursuant to its Power Agreement through the Data Center Substation. Neither Borrower nor Galaxy Power intends, either on its own or by aggregating with the loads of other entities, to obtain electrical supply from any competitive service provider. Back-up power generation facilities at its cost, water, electricity the Project will be used to provide back-up power generation to the Data Center only and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone electrical output from such back-up power generation will not be sold or other communication service, janitorial service, trash pick-up, sewer and all other services otherwise supplied to or consumed on any other entity. Other than the Premises utility facilities which are to be placed in service by the applicable date identified in the Project Schedule (collectively as defined in the "Services"Coreweave Lease) and all taxesthose that Galaxy Power is solely responsible for constructing, leviesno other utility facilities not already existing in, fees or surcharges therefor. Tenant shall arrange for Services on, under and around the Trust Property Land are required to be supplied constructed in order for Galaxy Power to provide electrical supply to the Premises and shall contract for all of the Services Project 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 as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of accordance with this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredSection 3.31.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into We ll pay for the Premises; but Tenant shall following utilities: You ll pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other utilities, related deposits, and any charges, fees, or services supplied to on such utilities. We do not guarantee or consumed on warrant that there will be no interruption of utility service. You shall contact the Premises (collectively utility service provider in the "Services") and all taxesevent of an interruption of service. If your electricity is ever interrupted, levies, fees or surcharges therefor. Tenant shall 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 Servicesyou must use only battery-operated lighting. In the event that any certain utilities such as electricity, gas, water and sewer services are not supplied by the Landlord/Agent, Tenant , upon 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 Services canPremises 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 separately billed liable for any failure, interruption or metered to the Premisesstoppage of gas, or if electric and/or water at any time when beyond Landlord/Agent’s reasonable control and Tenant expressly releases Landlord/Agent of the Services are not separately metered as of the Commencement Date, the cost of such Services all liability in connection therewith. It shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants a material breach of this Lease and pay all Rentals the Tenant’s tenancy if any utility service, contracted for by Tenant, such as water, sewer, gas and/or electric services, are discontinued due hereunderto some act or omission by the Tenant. Tenant further agrees that when the outside temperature falls below 40 degrees Fahrenheit, all without diminution, credit or deduction. The immediately preceding sentence Tenant shall maintain a temperature within the Premises not below 55 degrees Fahrenheit in order to avoid damage to the contrary notwithstanding, Landlord Premises. Tenant further agrees and acknowledges that if Services are curtailed or suspended to the Premises as a result came with light bulbs and fuses at the commencement of the acts or negligence or willful misconduct of Lease term and Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall not be equitably abated responsible to the extent provide such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoreditems to Tenant at any time thereafter.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency for all charges for separately metered water, gas, heat, light, heatelectric, powertelephone, electricity, telephone or other communication service, janitorial service, trash pick-uptelecommunication, sewer and sprinkler charges and for other utilities and services 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 other 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 supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforPremises. Tenant shall arrange for Services have no right to terminate this Lease nor shall Tenant be supplied entitled to the Premises and shall contract for all of the Services any abatement in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason Rent as a result of any such interruption or failure by of utility services. No such interruption or failure of utility services shall be deemed to constitute a constructive eviction of Tenant. Tenant acknowledges that Landlord and/or Tenant may from time to so contract for Services. In the event that any of the Services cannot time be separately billed requested or metered required to obtain, report and/or disclose certain energy consumption information with regard to the Premises, which may include, without limitation, benchmarking data for the U.S. Environmental Protection Agency’s ENERGY STAR® Portfolio Manager and information relating to compliance with “green building” initiatives, including, if applicable, the Leadership in Energy & Environmental Design (LEED) certification program. Tenant shall throughout the Term comply with all Federal, State or if 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 at the Premises as may be required to comply with applicable Energy Regulations. Further, ▇▇▇▇▇▇ authorizes Landlord to disclose such information and data regarding the Premises as may be requested or required from time to time to comply with Energy Regulations. Notwithstanding anything to the contrary contained in this Lease, ▇▇▇▇▇▇ 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 Services are not separately metered as 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 Commencement DateBuilding (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 cost 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 Services shall be an Operating Expense and Tenant shall pay such cost utility company to release information to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be and any other relevant information reasonably requested by Landlord or 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 Servicesapplicable utility company. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants terms of this Lease and pay all Rentals due hereunder, all without diminution, credit Paragraph 10 shall survive the expiration or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result earlier termination of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredthis Lease.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall be solely responsible for, and promptly --------- pay during the Lease Term as and prior to delinquency when due, all charges changes and assessments for waterheat, gas, light, heat, power, electricity, telephone and other utilities used, consumed or other communication service, janitorial service, trash pick-up, sewer and all other services supplied provided to or consumed on the Leased Premises (collectively and shall, at Tenant's sole cost and expense, arrange with the "Services") and all taxesappropriate utility companies for the provision, levies, fees augmentation or surcharges therefor. Tenant shall arrange for Services to be supplied modification of such utilities to the Premises and shall contract for all of the Services in Tenant's name prior Leased Premises. Notwithstanding anything herein to the Commencement Date. The Commencement Date contrary, Landlord shall not be delayed liable in any respect for any damages whatsoever, 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 (whether caused by or arising out of Landlord's need to make repairs or any other reason whatsoever), nor shall the same _____________________ *CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. (a) constitute a constructive eviction or interference or disturbance with Tenant's use, possession or enjoyment of the Leased Premises, (b) constitute grounds for abatement, reduction or rebate, in whole or in part, of Rent or any failure other sum payable by Tenant to so contract for Serviceshereunder, or (c) release or relieve Tenant of or from any Tenant's obligations hereunder. In the event that 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 the Services cannot be separately billed or metered to utilities consumed in the Leased Premises, or if Tenant shall pay to Landlord the charges incurred for such meters and the installation thereof in the Leased Premises. If any of the Services such utilities are not separately metered as of the Commencement Datemeasured, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that within thirty (30) days after Tenant's proportionate receipt of Landlord's written demand therefor, Tenant's allocable share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (utilities as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLandlord.

Utilities. Landlord agrees Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants of the Properties directly to providethe applicable utility company pursuant to such Tenants' Leases, at its costfor which no adjustment will be made) will be paid by the Seller to the utility company through the Closing Date. The Seller shall arrange for a final reading of all utility meters (covering gas, water, electricity steam and telephone service connections into electricity) as of the Premises; but Tenant Closing, 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 such utility company as of the Closing, the Seller shall pay during such ▇▇▇▇ on or before the Lease Term and prior to delinquency Closing. If such ▇▇▇▇ shall not have been obtained on or before the Closing, the Seller shall, upon receipt of such ▇▇▇▇, pay all such utility charges for water, gas, light, heat, power, electricity, telephone as evidenced by such ▇▇▇▇ or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied bills pertaining to the Premises and shall contract for all of the Services in Tenant's name period prior to the Commencement DateClosing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. The Commencement Date 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 applicable Closing; provided, however, that any up-front fees and any reimbursement of expenses paid or payable to such Seller or any predecessor in interest in connection with cable, internet or phone services for each of the Properties (except for the ▇▇▇▇▇▇ Property, the ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇ Property and the 1160 ▇▇▇▇▇▇▇ Property), 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 Premisesprorated, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 property of such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderSeller, and Tenant Buyer 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 deductionremit any such sums to Seller immediately upon receipt thereof. The immediately preceding sentence With respect to the contrary notwithstanding▇▇▇▇▇▇ Property, Landlord agrees that 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 Services are curtailed or suspended 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 Premises as a result data communication closets of the acts or negligence or willful misconduct applicable Property and (ii) phone and coaxial wiring in each unit of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated such Property back to the extent central media panel in such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredunit.

Utilities. Tenant shall be solely liable for electricity expense relating to the Premises. Landlord agrees to provideshall 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 costsole option, waterelect 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 telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gassewage and garbage disposal for the entire building, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on including the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforPremises. Tenant shall arrange at its sole cost and expense without any right to offset or claim against Landlord, and subject to all applicable building codes and 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 Services to be supplied the Building, installed to the Premises Building and shall contract for all of the Services in Tenant's name prior to the Commencement DatePremises. The Commencement Date Tenant shall not indemnify and hold Landlord harmless from any claims, losses or damage in connection with such installation and in no event shall such installation interfere with any other Tenancies or rights to occupancy of other Tenants in the Building. Tenant shall be delayed by reason solely responsible for restoring or replacing any damage incurred in connection with the installation of such Cable TV services to the premises. Tenant shall be responsible for the payment of any failure by Tenant to so contract for Servicesinstallation costs or fees and any fees in connection with monthly service. In the event that any of the Services cannot Tenant shall be separately billed or metered unable to obtain Cable TV service to the Premisesbuilding, or if any of the Services are not separately metered as of the Commencement Datepursuant to this P▇▇▇▇▇▇▇▇ ▇, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 ▇▇▇▇▇▇ subject to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended terms and conditions of Section 41 hereof relating to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's signage and use of the Premises (as 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 determined approved by Landlord Landlord, in a location designated by Landlord, and Tenant) following in no event shall such forty-eight (48) hour period until such Services are restoredantenna 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. Landlord agrees shall provide mains and conduits to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for supply water, gas, lightelectricity and sanitary sewage to the Property. Tenant shall pay, heatwhen due, powerdirectly to the appropriate 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 other communication service, janitorial service, trash pick-up, sewer energy source separately metered and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied furnished to the Premises and shall contract for all during the Term of the Services in Tenant's name prior this Lease, or any renewal or extension thereof, together with any related installation or connection charges or deposits (“Utility Costs”). If any services or utilities furnished to the Commencement DatePremises are jointly metered with other premises, Landlord will make a commercially reasonable determination of Tenant’s proportionate share of such Utility Costs and Tenant, within thirty (30) days following Tenant’s receipt of an invoice therefore, shall pay such share to Landlord as Additional Rent. The Commencement Date shall not be delayed by reason of For any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered utility service furnished to the Premises, or if any of the Services are Premises not separately metered metered, such as water and sewer, Landlord shall have the right, at its sole election and at any time, to install at Tenant’s expense a submeter to measure the Premises’ use of the Commencement Datesuch 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 as Additional Rent for the cost of such Services utility service 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 not exceed the rate Tenant would be required to pay to a utility company or service company furnishing any of the foregoing utilities or services. The charges thereof shall be an Operating Expense and Tenant shall pay such cost to Landlord, as deemed Additional Rent, as provided Rent in Paragraph 12 below, except that Tenant's proportionate share of such 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 Servicesaccordance with Article 3. The lack or shortage of any Services due to any cause whatsoever Landlord shall not affect any obligation of Tenant hereunderbe liable for, and Tenant shall faithfully keep and observe all the terms, conditions and covenants not be entitled to any abatement or reduction of this Lease and pay all Rentals due hereunder, all without diminution, credit Base Rent or deduction. The immediately preceding sentence Additional Rent by reason of Landlord’s failure to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result furnish any of the acts foregoing utilities, when such failure is caused by accident, breakage, repairs (including replacements), strikes, lockouts or negligence other labor disturbances or willful misconduct labor disputes of Landlord any character, or for a period of forty-eight (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredany other causes.

Utilities. SECTION 4.1. The Tenant represents, warrants, covenants and agrees that it shall, within five (5) days of written demand by the Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior , pay 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 as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises any and all charges incurred by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of Landlord for any Services due to any 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 contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended ail utilities supplied to the Premises including, without limitation, telephone, electricity, water, heating oil and/or natural gas. The Landlord hereby agrees that any demand given by the Landlord to the Tenant pursuant to the provisions of this Section 4.1 shall include an accurate copy of the 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 any utility for which payment is demanded. SECTION 4.2. Landlord shall not be liable in any way to Tenant for any interruption or failure of 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 acts Landlord's failure to remit (prior to the expiration of any applicable grace period) to the appropriate public utility or negligence 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 to the Premises. Tenant shall not, without Landlord's prior written consent in each instance (which consent may be withheld by the Landlord in its reasonable discretion), connect any fixtures, machinery, appliances or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during equipment to the Lease Term, then Premises electric distribution system or make any alteration or addition to Tenant's Rent payable hereunder 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 equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined provided by Landlord and Tenantthe cost thereof shall be deemed Additional Rent due hereunder and shall be forthwith paid by Tenant within five (5) following 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 to Tenant by any Governmental Authority, Tenant agrees that such forty-eight Taxes shall be reimbursed by Tenant to Landlord within five (485) hour period until such Services are restoreddays of written demand. The Landlord hereby agrees that any 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 similar document issued by the relevant Governmental Authori▇▇ ▇r Governmental Authorities, as the case may be, with respect to the Taxes for which payment is demanded.

Utilities. 3.5.1 Landlord agrees shall have the right from time to providetime to select the company or companies providing electricity, at its costgas, waterfuel, electricity one or more categories of Telecommunication Services and telephone service connections into any other utility services to the Premises; but 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 during the Lease Term and prior to delinquency for all charges for water, gas, heat, light, heat, power, electricityTelecommunication Services, telephone sewer, sprinkler charges and other utilities used on or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on from the Premises (collectively the "Services") and all together with any taxes, leviespenalties, fees surcharges or surcharges thereforsimilar charges relating to such utilities. Tenant shall arrange for Services to be supplied 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 contract for all 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 Services in Tenant's name prior future shall be entitled to locate or install Telecommunication Facilities in, on or about the Commencement Date. The Commencement Date 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 reason 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 failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered kind to the Premises, unless such interruption in, deprivation of or if reduction of any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained service was caused 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 any 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 contrary notwithstanding, 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, 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 a any such interruption, deprivation or reduction in utility or building services to the Premises (due to Landlord’s having caused same by its negligence or willful misconduct), Landlord’s sole responsibility and Tenant’s sole remedy shall be limited to an equitable adjustment of Base Rent in proportion to the ratio that the rentable square footage of the Material Portion (hereinafter defined) of the Premises which Tenant does not occupy bears to the entire rentable square footage of the Premises for the period of forty-eight (48) consecutive hours during the Lease Terminterruption, then Tenant's Rent payable hereunder shall be equitably abated depreciation or reduction, retroactive to the extent day on which Tenant delivers written notice to Landlord (a) describing such curtailment interruption, deprivation or suspension reduction, and (b) stating that Tenant is being deprived of Services interferes with Tenant's the reasonable use of, and has ceased to use or occupy, a Material Portion of the Premises (as reasonably determined 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. As used herein, the term “Material Portion” means twenty percent (20%) or more of the 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 and Tenanthad no prior knowledge, Landlord will give Tenant at least five (5) following such forty-eight (48) hour period until such Services are restoredBusiness Days’ prior notice if Landlord intends to cause the interruption of any services required to be furnished by the Landlord.

Utilities. Landlord 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 Premises with no responsibility or expense accruing or ascribed to LESSOR, including all permits, licenses or authorizations necessary in connection therewith. Such payments by LESSEE shall be made directly to the utility supplier or service provider, except that if such utilities should be supplied by the LESSOR, then in this event, LESSEE shall pay those costs to LESSOR within thirty (30) calendar days after receipt of ▇▇▇▇▇▇’s invoice. ▇▇▇▇▇▇ 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 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 provideindemnify and hold LESSOR harmless, at in LESSOR’s capacity as utility provider, for defects, failures, or reduced, diminished, or cessation of service furnished by LESSOR or its costsuppliers, waterand LESSOR further reserves the right to temporarily terminate the supply, electricity 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 telephone service connections into 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; but Tenant , 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 pay during take all reasonable care and diligence to protect existing improvements and utilities, and shall avoid to the Lease Term 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 delinquency all charges for waterinstallation. All utilities, including but not limited to, electrical, gas, lightdata and communications utilities installed or caused to be installed shall be underground, heat, power, electricity, telephone and no utility services or other communication servicecables or wires shall be installed on poles or otherwise above ground. Unless otherwise provided in this Agreement, janitorial serviceall conduits or ducts installed shall be considered fixtures as defined under Section 21 TITLE TO FACILITIES, trash pick-upIMPROVEMENTS AND FIXTURES, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract 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 all of disposal into the Services in Tenant's name prior to the Commencement Date. The Commencement Date storm and/or sanitary drainage system shall not be delayed by reason 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 failure by Tenant to so contract for Servicesdrainage system that would create interference with the flow therein, or that would cause a hazard or unlawful contamination thereto. In the event that any A copy of the Services cannot LESSEE’S Stormwater Pollution Prevention Plan and Spill Prevention Control and Countermeasure Plan shall be separately billed or metered submitted to the Premises, or if any of LESSOR upon the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLESSOR’S request.

Utilities. (a) Tenant covenants and agrees that its use of electric current shall not exceed the capacity of the systems, wiring and other electrical equipment which Landlord agrees makes available to providethe Premises and 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 costlease (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 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 charges for utility services provided directly to the Premises including, without limitation, electricity, gas, water, electricity sewer and telephone service connections into the cost of providing heating, ventilating and air-conditioning to the Premises; but . (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 during the Lease Term and prior to delinquency its share of all charges for watersuch electric, gas, light, heat, power, sewer and water utility charges to Landlord each month at least five days before each related utility b▇▇▇ is due and payable. If electricity, telephone water or other communication servicegas consumed by the Premises is not metered or submetered separately from electricity, janitorial servicewater or gas, trash pick-upas 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 other services supplied to or consumed 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 adjust monthly estimated payments on account of such utilities from time to time. If water is consumed in the Premises (collectively for purposes other than ordinary drinking and lavatory purposes or in excessive quantities or if Tenant's heating or cooling requirements are materially greater than the "Services") and all taxesrequirements of other tenants, levies, fees or surcharges therefor. then Tenant shall arrange pay to Landlord, on demand from time to time, charges for Services to such additional water, heating or cooling as Landlord may require. (c) Landlord shall not be liable for any interruption of electricity, gas, water, telephone, sewage, HVAC and/or septic system or other utility service supplied to the Premises and shall contract for all of Landlord reserves the Services in Tenant's name prior right to stop any service or utility to the Commencement Date. The Commencement Date shall not be delayed 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 failure obligations under this Lease; in the event any such curtailment, suspension, interruption or stoppage becomes necessary by Tenant reason of the foregoing, Landlord will use all reasonable efforts to so contract for Servicesrestore 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 that of nonpayment of any of sums due under this Section 4.9, Landlord shall have all the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered same rights and remedies available as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 case of any Services due to any cause whatsoever shall not affect any obligation nonpayment 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredAnnual Rent.

Utilities. Landlord 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 Premises with no responsibility or expense accruing or ascribed to LANDLORD, including all permits, licenses or authorizations necessary in connection therewith. Such payments by TENANT shall be made directly to the utility supplier or service provider, except that if such utilities should be supplied by the LANDLORD, then in this event, TENANT shall pay those costs to LANDLORD within thirty (30) days after receipt of LANDLORD’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 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 LANDLORD or the utility owner. b. The TENANT agrees to provideindemnify and hold LANDLORD harmless, at in LANDLORD’S capacity as utility provider, for defects, failures, or reduced, diminished, or cessation of service furnished by LANDLORD or its costsuppliers, waterand LANDLORD further reserves the right to temporarily terminate the supply, electricity 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 telephone service connections into safety. c. If TENANT requires utilities beyond what is currently available, TENANT agrees to pay the Premises; but Tenant shall pay during full cost and expense associated with the Lease Term and prior upgrade/extension/installation of all such utilities related to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all its use 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 as of the Commencement Dateand to comply with all provisions for maintaining such utilities. d. The LANDLORD reserves for itself, and its utility providers, the cost 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 such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 ServicesTENANT. The lack or shortage of any Services due LANDLORD shall take all reasonable care and diligence to any cause whatsoever shall not affect any obligation of Tenant hereunderprotect existing improvements and utilities, 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 avoid to the contrary notwithstandinggreatest extent possible, Landlord agrees that if Services are curtailed any unreasonable interference or suspended interruption to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredTENANT’s operations.

Utilities. At all times throughout the Lease Term, Landlord agrees will install and maintain or will cause to providebe 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 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 its costTenant's expense in compliance with all governmental 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, electricity, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer scavenger and all other utility services supplied to or consumed on the Premises (collectively the "ServicesUtilities") with respect to the Premises. Landlord shall have the right, but not the obligation, to furnish, and all taxes, levies, fees or surcharges therefor. in such event Tenant shall arrange purchase from Landlord, any such utility services as Landlord desires. If Landlord elects to supply or contract with any other party to supply any such utility services, Tenant shall purchase and pay for Services the same as Additional Rent at a rate determined and published by Landlord from time to time, provided, however, that said rate shall be supplied reasonably competitive with rates which Tenant would be charged by the utility company which would otherwise furnish such service 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 ServicesPremises. In the event Landlord elects to cease providing any utility previously provided through a central system operated by Landlord, Landlord shall deliver reasonable advance prior notice of such cessation, to the end that any 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 connection and/or conversion. Landlord and Tenant acknowledge that at the time of delivery of possession of the Services cannot be separately billed or metered Premises to the Premises, or if any of the Services are not separately metered as of the Commencement DateTenant, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as only Landlord provided in Paragraph 12 below, except that Tenant's proportionate share of such Services central utility system shall be the percentage obtained by dividing chilled water/hot water service described on Exhibit F hereof provided for purposes of heating, ventilating and air conditioning the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such ServicesPremises. The lack or shortage of any Services due to any cause whatsoever Water, electric, telephone cable, sewer and natural gas 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 contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended be available to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48with connections to main lines to be provided by Tenant) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder and shall be equitably abated separately metered to and controlled by Tenant and shall be billed directly to Tenant by the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredapplicable public utility.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and pay, prior to delinquency and throughout the Lease Term, all charges for water, gas, lightheating, heatventilation, powerair conditioning, cooling, sewer, telephone, electricity, telephone or other communication servicegarbage, janitorial service, trash pick-up, sewer landscaping and all other services and utilities supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall 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, including Tenant’s Share of any such services or if any of the Services utilities which are not separately metered as for or billed to the Premises. Landlord may, at Tenant’s expense, install devices which separately meter Tenant’s consumption of utilities. All charges for utilities and services which are separately metered to the Commencement Date, the cost of such Services shall be an Operating Expense and Premises or which are provided directly to Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in or 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 total gross leasable square footage located 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 all buildings utilizing such ServicesOperating Expenses recoverable by Landlord in accordance with Article IV. The disruption, failure, lack or shortage of any Services service or utility provided by Landlord with respect to the Premises, the Building or the Project due to any 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 Rent due hereunder, all without diminution, credit or deduction. The immediately preceding sentence ; provided, however, if such disruption, failure, lack or shortage is caused by Landlord’s failure to the contrary notwithstandingobserve or perform its obligations hereunder, then, within thirty (30) days after receipt of written notice from Tenant specifying such failure, Landlord agrees that if Services are curtailed or suspended shall initiate the cure of such failure and thereafter shall diligently prosecute said cure to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredcompletion.

Utilities. Landlord agrees to provide, provide at its cost, cost water, electricity and telephone service connections into the Premises; premises, but Tenant shall pay during the Lease Term and prior to delinquency for all charges for water, gas, heat, light, heat, power, electricitytelephone, telephone sewer, sprinkler charges and other utilities and services used on or other communication servicefrom the premises, janitorial servicetogether with any taxes, trash pick-uppenalties, surcharges or the like pertaining thereto and any maintenance charges for utilities and shall furnish all electric light bulbs and tubes. Gas and electric service shall be separately metered to the premises and Tenant shall contract directly with the utilities for such services. With respect to water, sewer and any other service not separately metered to the premises, Tenant shall pay a reasonable proportion as determined by Landlord of all charges jointly metered with other premises. Landlord shall in no event be liable for any interruption or failure of utility services supplied to or consumed on the Premises premises. "In the event water is not separately metered to Tenant, Tenant agrees that it will not use water for uses other than normal restroom usage; and, Tenant does further agree to reimburse Landlord for the entire amount of common water costs as additional rental if, in fact, Tenant uses water for uses other than normal restroom uses without first obtaining Landlord's written permission. "Tenant agrees it will not use sewer capacity for any use other than normal, domestic restroom use. Tenant further agrees to notify Landlord of any other sewer use (collectively the "Servicesexcess sewer use") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange also agrees to reimburse Landlord for Services the costs and expenses related to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior excess sewer use, which shall include, but is expressly herein not limited 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 as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost acquiring additional sewer capacity to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that service Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredlease."

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, sewer, gas, light, heat, power, electricity, telephone electricity and other utilities or other communication service, janitorial service, trash pick-up, sewer and all other like services supplied to used or consumed on the Premises (each, a “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) and 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 taxesother Utility Services being installed as Base Building Work, leviesa direct, fees sub- or surcharges therefor“check” meter for measuring Tenant’s consumption of such Utility Service. Tenant shall arrange pay all costs and expenses associated with any separately metered utilities (such as electricity and 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. Landlord shall be under no obligation as to any Utility Services beyond the foregoing responsibility to bring such Utility Services to the Utility Switching Points and as required in the completion of the Finish Work and Landlord shall not be supplied liable for any interruption or failure in the supply of any utilities or Utility Services, except to the extent expressly set forth below. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services not being obtained directly by Tenant from any company or third party providing Utility Services (“Utility Service Provider”), subject to Tenant approval of the proposed Utility Service Provider, such approval not to be unreasonably withheld, conditioned or 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 proposed 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 times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and shall contract for all associated with the delivery 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 Utility 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 as of the Commencement Date, the cost of such Services there shall be an Operating Expense and Tenant shall pay such cost to Landlordinterruption, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes any Utility Service (and no reasonably equivalent alternative service or supply is provided by Landlord) that shall materially interfere with Tenant's ’s use and enjoyment of all or a portion of the Premises (as reasonably determined a “Service Interruption”), and if (i) such Service Interruption shall continue 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 by an act or omission in violation of this Lease by Tenant or by any negligence of any of 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) following 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 forty-eight (48) hour period until such Services are restoreddispute 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 covered elsewhere in this Lease.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay that during the Lease Term the Demised Premises shall be connected to the electric and prior gas lines serving the municipality wherein the Demised Premises are located and to delinquency the water and sewer systems of such municipality. Landlord agrees that during the Lease Term (i) all charges for such water, gas, light, heat, power, electricity, telephone or other communication serviceand gas shall be in such amounts per unit of time as shall be required by the provisions of Schedule C (including, janitorial servicewithout limitation, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services"sufficient water for air conditioning) and (ii) all taxes, levies, fees or surcharges therefor. Tenant such sewerage disposal facilities shall arrange be of such capacity as shall be required by the provisions of Schedule C. If for Services to be supplied to any reason the Demised 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 connected to the Premises, or if any of the Services are not separately metered as of such municipality's water and/or sewer systems on the Commencement Date, the cost Landlord shall then provide water and/or sewer systems which (i) shall be of such Services capacity as shall be an Operating Expense required by the provisions of Schedule C, (ii) shall be subject to the prior written approval of Tenant and (iii) shall meet the requirements of all public 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, water, sewerage or telephone service to the Demised Premises. Landlord shall provide Tenant with reasonable written notice (not less than 3 days in advance) of any action which is likely to interfere with or interrupt such services to the Demised Premises, including action reasonably necessary to make required repairs or alterations, and Landlord shall pay not take, or give permission to any occupant of the Shopping Center or any person claiming under Landlord or any such cost occupant, to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that take any such action without Tenant's proportionate share of consent, which shall not be unreasonably withheld or delayed. Notwithstanding such Services notice, in the event that Landlord causes or permits any such interruption or interference to occur and continue for longer than one (1) day, ▇▇▇▇▇▇'s Minimum Rent shall be the percentage obtained by dividing the gross leasable square footage contained abated for each additional day that such interruption or interference continues 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 any 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 proportion to the contrary notwithstanding, Landlord agrees that if Services are curtailed interruption or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredinterference.

Utilities. Landlord agrees All services, including but not limited to providejanitorial, dumpster, and pest control; and all utilities (including any additional utility services not already provided at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term ), telecommunications and prior to delinquency all charges for waterinternet services, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pickinterior and non-up, sewer and all other services supplied to or consumed on structural expenses within the Premises shall be the sole expense and responsibility of the Tenant beginning as of the date of delivery of the Premises to Tenant. Utilities for the Premises that are separately metered (collectively and trash removal/dumpster services) shall be arranged for and paid directly by the "Services") and all taxes, levies, fees or surcharges thereforTenant when due. Tenant shall arrange for Services to be supplied to the Premises and shall contract is responsible for all deposits and the cost of connection of said utilities serving the Services Premises, including but not limited to panels, meters, and wiring, provided that Landlord represents and warrants that all required meters or submeters for electricity are installed, or will be installed and will be in Tenant's name prior to good working order within thirty (30) days of the Commencement Date. The Commencement Date Utilities that are not separately metered (and shared trash removal/dumpster services) shall not be delayed reasonably allocated by reason Landlord to the Premises based upon usage and paid by the Tenant when billed, at the actual out of pocket cost incurred by Landlord, with no mark-up. Landlord shall maintain the facilities and systems in the Building and Premises in good order, condition, and repair, inclusive of electric power required to service, operate and accommodate the HVAC equipment as well as any failure Alterations or other uses agreed to by Tenant to so contract for Servicesthe parties in writing, excluding any portions of such facilities and systems installed by Tenant, which shall be maintained by Tenant. In the event that Tenant requires any of the Services canadditional utility services not be separately billed or metered specifically set forth in this Section 8(a), including, without limitation, additional amperage to the PremisesBuilding, or Tenant shall be responsible for any and all costs associated with such additional utility services. Furthermore, if there are any additional generator services that Tenant may require as a result of the Services are not separately metered as of the Commencement Dateits Permitted Use, Tenant shall be responsible for any and all actual costs associated with such additional generator services, including, without limitation, the cost of such Services shall be an Operating Expense a new generator, its installation, maintenance, upkeep and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredadditional utility costs.

Utilities. Landlord agrees to provideLessor furnishes only TRASH & GARDENING_. In case of rationing or Lessee negligence or waste, at its cost, water, electricity Lessor may bill Lessee for trash or water costs that exceed normal costs by 10%. a. Lessees shall have Gas (if available) and telephone Electricity service connections into the Premises; but Tenant shall pay during put in Lessees’ name on or before the Lease Term commencement date and prior to delinquency all charges for water, Lessees shall maintain gas, lightand 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 during any part of the lease term, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied in addition to or consumed payment of the amount owing on the utility bill, a fee of $35 per utility bill received, shall be paid to ▇▇▇▇ ▇▇▇▇▇▇▇ 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 (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied 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 as 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 all of the Services in Tenant's name prior to the Commencement Datesuch service and pay for those services. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract Lessees are responsible 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 as of the Commencement Date, the cost of any installation or equipment necessary for such Services shall services. Satellite TV dishes are NOT to be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 attached to any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use exterior surface of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredor upon the Property.

Utilities. Landlord Throughout the term of this Lease Tenant agrees to provide, at its cost, water, pay for all water natural gas electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other utility services supplied furnished to or consumed on by Tenant in the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied due with respect to the Premises and shall contract for all of the Services in Tenant's name Property prior to the Commencement Date. The Commencement Date Tenant's obligations under this Section 12 shall survive the expiration or sooner termination of this Lease. Unless caused by the gross negligence or intentional misconduct of Landlord or Landlord's agents or employees, Landlord shall not be delayed by reason liable to Tenant or any other person or entity for any loss, damage or expense which may be sustained if the quality or character of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered electric service other utility service furnished to the PremisesPremises is changed, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that service is no longer available or suitable for Tenant's proportionate share requirements or if the service ceases or is interrupted or impaired by fire other casualty or Act of such Services shall be God the percentage obtained making of necessary repairs or Improvements or by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Servicesany causes beyond Landlord's control. The lack or shortage of any Services due to any 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 Notwithstanding anything to the contrary notwithstandingset forth in this Section 12, Landlord hereby agrees that if Services are curtailed there is an interruption or suspended discontinuance of gas, water, sewer or electric utilities to the 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 a result of the acts or negligence or willful misconduct of Landlord described in, Section 14 hereof) and continues for a period of forty-eight two (482) or more consecutive hours during the Lease Termbusiness days after Landlord receives notice thereof from Tenant (hereinafter referred to as an "Unauthorized Interruption"), then Tenant's Rent payable hereunder minimum annual rent shall 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 equitably abated 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 extent such curtailment or suspension of Services interferes with Tenant's Premises under its rental insurance if Tenant continues to nonetheless use any part of the Premises (as reasonably determined by Landlord for conducting its business, the rent shall abate only ▇▇ ▇roportion to the part rendered untenantable and Tenant) following such forty-eight (48) hour period until such Services are restorednot so used.

Utilities. Landlord agrees Responsibility designated below. TENANT LANDLORD TENANT LANDLORD Cooking Gas Heat Water Snow Removal -Driveway -Sidewalks ( X ) ( X ) ( X ) ( ) ( ) ( ) ( ) ( ) ( X ) ( X ) Electric Hot Water Lawn Care Trash Removal Your trash pickup day is ( X )( X )( )( ) _ ( ) ( ) ( X ) ( X ) If TENANT pays utilities to provideNYSEG (New York State Electric & Gas) as indicated above, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior it is TENANT(S) responsibility to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services service to be supplied to the Premises put in TENANT's own name and shall contract for all of the Services in Tenant's name prior to the Commencement Dateturn on before lease begins. The Commencement Date Keys shall not be delayed issued to TENANT until LANDLORD has confirmed that all services are in TENANT(S) name. Call NYSEG at (▇▇▇) ▇▇▇-▇▇▇▇ to arrange for this service. If, TENANT is reimbursing LANDLORD for any utility or garbage bill (i.e.; water/sewer, etc.), the procedure is as follows: a) LANDLORD will mail TENANT a copy of each utility bill. b) TENANT will reimburse to LANDLORD the net amount as stated in lease, in one check; multiple checks from individual TENANTs will not be accepted. c) Payment is due by reason bill DUE DATE or within 15 days of receipt of bill. d) A penalty of S1.00 per day will be charged for any failure payment received after the due date. Cable television, internet, and telephone are to be arranged for and paid by Tenant the TENANT directly with the providers of these services. TENANT(S) specifically authorizes LANDLORD to so contract for Services. In deduct-amounts of unpaid bills and late fees from their security deposits in the event that they remain unpaid after termination of this agreement. TENANT(S) is required to maintain adequate heat in winter to prevent pipes from freezing and to maintain a 65- degree thermostat setting to prevent damage during vacation periods. IF LANDLORD pays for heat, TENANT(S) must keep all windows, including storm windows closed during the winter season. Violations will result in a $25.00 charge per violation, in addition to any of cost incurred, by the Services cannot LANDLORD to correct the problem. Any problems with heating system must be separately billed reported to LANDLORD immediately. Unvented heaters, kerosene heaters or metered to the Premises, or if any of the Services space heaters are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained illegal in the Premises by the total gross leasable square footage located City of Ithaca and are prohibited in all buildings utilizing such Services. The lack any room, apartment or shortage of any Services due to any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredbuilding.

Utilities. Landlord agrees to provideand Tenant understand and agree that the Premises shall be submetered for electricity as part of Landlord’s Work, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay all costs for electricity consumed in the Premises, as measured by such submeter, to Landlord monthly as Additional Rent. In addition, Landlord shall install, as part of Landlord’s Lab Work, a submeter measuring the amount of water consumed in the Lab Space, and Tenant shall pay Landlord for the costs of such water monthly as Additional Rent. Gas and septic/sewer services serving the Building, as well as water service serving the Office Space and the Lab Support Space, are included in Operating Costs as set forth in Section 4(b) above. Landlord reserves the right to submeter or separately meter any utilities serving the Premises at any time, at Landlord’s cost and expense. For any utilities that become separately metered during the Lease Term and prior to delinquency all charges for wateras aforesaid, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services make arrangements with appropriate utility or service companies, and Tenant shall promptly pay all costs with respect to same, such payments to be supplied made directly to the Premises and shall contract for all of the Services in Tenant's name prior utility or service provider or to the Commencement Dateappropriate party charged with collecting the same. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract All costs 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 utilities which are not separately metered as of the Commencement Date, the cost of such Services or billed separately by Landlord pursuant to submetering shall be an included in Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any cause whatsoever shall not affect any obligation of Tenant hereunderCosts, and Tenant shall faithfully keep and observe all the termsbe responsible for Tenant’s Proportionate Share thereof. Landlord, conditions and covenants of this Lease and pay all Rentals due hereunderat Tenant’s request, all without diminution, credit or deduction. The immediately preceding sentence shall provide HVAC service to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result Tenant outside of the acts or negligence or willful misconduct hours of operation for the Building (7:00 a.m. to 6:00 p.m., Monday through Friday excluding recognized holidays) at a cost of $75.00 per hour (with a required minimum of four (4) hours) to be paid by Tenant upon demand, provided, however, that said amount may be increased from time‑to‑time upon written notice from Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then to 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees Except where provided to providethe contrary below, Tenant shall be responsible, at its costTenant’s sole cost and expense, water, electricity for obtaining all utility connections at or for the Premises and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, electricity, gas, light, heat, power, electricitysewer, telephone or any other communication serviceutility connections, janitorial serviceimpact fees, trash picktap-up, sewer in fees and services furnished to the Premises during the term hereof. Tenant agrees to contact all other services supplied utility service providers prior to any excavation or consumed digging on the Premises or the premises in and around the Premises. Landlord shall in no event be liable or responsible for any cessation or interruption in any such utility services. A. Notwithstanding the foregoing, Landlord and Tenant hereby acknowledge and agree to the terms and conditions contained in Exhibit D – Utility Expense Reimbursement Addendum attached hereto and incorporated herein by reference wherein it sets forth which utility services will be provided and paid for by the Landlord and subsequently reimbursed by ▇▇▇▇▇▇ upon demand. B. If Tenant is the responsible party for obtaining any of the utility connections at or for the Premises, any access or alterations to the Premises or to the Airport necessary to obtain any of such utility connections may be made only with Landlord's prior consent and at ▇▇▇▇▇▇'s sole expense. C. In the event Tenant fails to pay any utility or connection charges for which Tenant is responsible, Landlord shall have the right (collectively but not the "Services"obligation) and all taxes, leviesto pay or cause to be paid such charges, fees or surcharges therefor. Tenant shall arrange for Services expenses, incurred by ▇▇▇▇▇▇ and the costs thereof expended by or caused to be supplied expended by Landlord plus interest thereon as provided in Paragraph 40 of this Lease shall be paid by Tenant upon written demand. D. Prior to executing this Lease Tenant acknowledges that it has, at its sole costs and expense, determined that all necessary utilities are available to the Premises and shall contract are adequate 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 intended commercial use, and that there are no other utility services needed or required by Tenant to so contract at the Premises in connection herewith. E. Landlord shall in no event be liable or responsible for Services. In the event that any of the Services cannot be separately billed cessation or metered interruption in any utility services to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord LESSEE shall pay all costs for utility services (whether for installation, service, administration, connection, or maintenance thereof) used by LESSEE at or upon the Premises with no responsibility or expense accruing or inuring to LESSOR, including all permits, licenses or authorizations necessary in connection therewith. Such payments by LESSEE shall be made directly to the utility supplier or service provider, except that if such utilities should be supplied by the LESSOR, then in this event, LESSEE will pay those costs to LESSOR within thirty (30) days after receipt of LESSOR’S invoice. Unless otherwise agreed upon in writing, if LESSEE requires utilities beyond that currently provided or that are available to be extended to the Premises boundary, ▇▇▇▇▇▇ agrees to provide, at its cost, water, electricity pay the full cost and telephone service connections into expense associated with the upgrade/extension/installation of all such utilities of the Premises; but Tenant , and to comply with all provisions for maintaining such utilities. The LESSOR reserves for itself 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 pay during take all reasonable care and diligence to protect existing improvements and utilities, and shall avoid to the Lease Term greatest extent possible any unreasonable interference or interruption to LESSEE’s operations. All electrical, data and prior communications utilities installed or caused to delinquency all charges for waterbe installed shall be underground, gas, light, heat, power, electricity, telephone and no utility services or other communication servicecables or wires shall be installed on poles or otherwise above ground. Unless otherwise provided in this Agreement, janitorial service, trash pick-up, sewer all utilities and all other services supplied to conduits or consumed ducts installed by anyone on the Premises (collectively the "Services") shall be considered fixtures as defined under Section 22, Title to Facilities, Improvements and all taxesFixtures, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract 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. Wastes not legally permitted and authorized for all of disposal into the Services in Tenant's name prior to the Commencement Date. The Commencement Date storm and/or sanitary drainage system shall not be delayed by reason 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 failure by Tenant to so contract for Servicesdrainage system that would create interference with the flow therein, or that would cause a hazard or unlawful contamination thereto. In the event that any A copy of the Services cannot LESSEE’s Stormwater Pollution Prevention Plan and Spill Prevention Control and Countermeasure Plan shall be separately billed or metered submitted to the Premises, or if any of LESSOR upon the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLESSOR’s request.

Utilities. 3.5.1 Landlord agrees shall have the right from time to providetime to select the company or companies providing electricity, at gas, fuel, and other similar utility services to the Building; provided that any such company shall provide utility services to the Building (and its tenants) upon terms which reflect competitive arms-length market rates for comparable services. Tenant shall contract directly and pay for Telecommunication Services used on or from the Premises together with any taxes, penalties, surcharges or similar charges relating to such Telecommunications Services. 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. However, notwithstanding the foregoing, nothing in this Lease shall require Tenant to use any utility service provider selected by Landlord where such utility service can be provided to Tenant and/or the Premises independent of the delivery of such service to other tenants in the Building; provided that, with the exception of Telecommunication Services, if the effect of Tenant's obtaining such utility service independent of Landlord's delivery of such service to other tenants in the Building is to increase the per unit cost of such service to the Building, Tenant shall reimburse Landlord for such increase in cost, and the Operating Costs for the Base Year shall be reduced by the cost of such utility service provided to the Premises during the Base Year. If during any Year Landlord commences to provide Telecommunications Services or cable television services that were not included in Operating Costs during the Base Year, the Operating Costs for the Base Year will be increased to include Landlord's reasonable estimate of the cost of such services that would have been incurred during the Base Year had such service been provided. 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 Exhibit H attached to 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 (which consent shall not unreasonably be withheld, conditioned or delayed) 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, 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. 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 reasonably 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, electricity and telephone or garbage collection services, other utility service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall 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 building service of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered kind to the Premises, unless such interruption in, deprivation of or if reduction of any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained service was caused 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 any 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 contrary notwithstanding, 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, 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 a period of forty-eight (48) consecutive hours during the Lease Termany such interruption, then Tenant's Rent payable hereunder shall be equitably abated deprivation or reduction in utility or building services to the extent Premises and such curtailment failure of, diminution of, or suspension interruption in services causes Tenant to be deprived of Services interferes with Tenant's all reasonable use of the Premises for more than three (as reasonably determined by Landlord 3) consecutive Business Days, Landlord's responsibility and Tenant's remedy shall be limited to an abatement in Base Rent for the period beginning with (a) following the day of such forty-eight interruption, deprivation or reduction and ending on (48b) hour period until the date such Services are restoredinterruption, deprivation or reduction that is Landlord's responsibility is not causing Tenant to be deprived of all reasonable use of the Premises. 3.5.4 The Tenant Improvements shall include a supplemental HVAC system for Tenant's 300 to 500 square foot data center in the Premises, which shall be separately metered for electricity and billed directly to Tenant by the utility company. Such separate metering and billing shall not reduce Tenant's Pro Rata Share or the Operating Costs Allocable to the Premises.

Utilities. (a) Electricity shall not be furnished by Landlord, but shall be furnished by an electric utility company serving the area in which the Building is located. Landlord shall permit Tenant to receive such service directly from such utility company at Tenant's cost, and shall permit Landlord's wire and conduits, to the extent available, suitable and safely capable, to be used for such purposes. Tenant shall make all necessary arrangements with the utility company for metering and paying for electric current furnished by it to Tenant, and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant's occupancy thereof. Tenant shall make no alterations or additions to the electric equipment or appliances without the prior written consent of Landlord in each instance. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to providethe Building or the risers or wiring installed thereon. (b) During the Term of this Lease and any extension thereof, Tenant shall at its costown cost and expense pay for any and all utilities and services necessary for its use and operation of the Premises, including without limitation charges for electricity, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for waterfuels, scavenger service, gas, light, heat, powertelephone, electricitypower and other utilities and communication services rendered or used on or about the Premises, telephone and any fees, costs, charges, or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied assessments levied with respect to the Premises and shall contract for all pursuant to covenants contained in any industrial park declaration recorded against the title to the Premises relating to any events occurring between (i) the earlier of Tenant's possession 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 as of Premises and the Commencement Date, and (ii) the cost later of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in vacating the Premises by and the total gross leasable square footage located in all buildings utilizing such Services. The lack expiration of the Term, or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants earlier termination of this Lease in accordance with the terms and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord conditions of this Lease. (c) Tenant agrees that if Services are curtailed Landlord and its agents shall not be liable in damages, by abatement of Rent or suspended otherwise, for failure to furnish or delay in furnishing any service when such failure or delay is occasioned, in whole or in part, by repairs, renewals or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, water or other services at the Premises Building, by any accident or casualty whatsoever (other than as a result of the acts or Landlord's gross negligence or willful misconduct misconduct), by the act or default of Landlord for a period Tenant or other parties, or by any cause beyond the reasonable control of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder Landlord; and such failures or delays shall never be equitably abated deemed to the extent such curtailment constitute an eviction or suspension disturbance of Services interferes with Tenant's use and possession of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredor relieve Tenant from paying Rent or performing any of its obligations under this Lease.

Utilities. Landlord agrees to provideTenant shall, at its costsole cost and expense, water, electricity contract for and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency for all charges for water, gas, lightelectricity, heat, powertelephone, electricitysewer, telephone or sprinkler charges and other communication serviceutilities and services used at the Premises, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all together with any taxes, leviespenalties, fees or surcharges therefor. Tenant shall arrange for Services surcharges, connection charges, maintenance charges, and the like pertaining to be supplied to the Premises and shall contract for all Tenant’s use of the Services in Premises. Tenant's name prior to , at its expense, shall obtain all utility services for the Commencement DatePremises, including making all applications thereof, obtaining meters and other related equipment, and paying all deposits and connection charges. The Commencement Date Landlord shall not be delayed by reason liable for any interruption or failure of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered utility service to the Premises, and such interruption or if failure of utility service shall not be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing to the contrary, Landlord shall attempt to maintain, using commercially reasonable efforts, for the benefit of the Services are not separately metered named Tenant only, its contract pricing terms with Sempra Energy and Air Products (as it relates to the procurement of Nitrogen gas), and to request extensions of such contracts as appropriate to endure throughout the term of the Commencement Datenamed Tenant’s occupancy of the Premises under this Lease, and Tenant’s obligations hereunder shall include without limitation, all surcharges for electricity used at the cost Premises in excess of such Services shall be an Operating Expense the contracted monthly volumes or amounts applicable to the Premises under Landlord’s contracts to obtain electricity for the Premises and Landlord’s other nearby facilities (and Tenant hereby acknowledges that Landlord has provided Tenant with copies of the current pertinent contract terms with Sempra Energy relating to such contracted monthly volumes or amounts of electricity to be provided to the Premises). Landlord shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except provide Tenant with copies of all monthly utility usage information received by Landlord from any utility provider for which Landlord invoices Tenant. To the extent that Tenant's proportionate share costs of such Services shall be the percentage obtained utilities are incurred by dividing the gross leasable square footage contained Landlord in the Premises performance of its obligations hereunder and are included in Operating Costs payable by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all not have the terms, conditions and covenants obligation to pay any such duplicative costs outside of this Lease and its obligation to pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises Operating Costs as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredherein provided.

Utilities. Landlord 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 Premises with no responsibility or expense accruing or ascribed to LANDLORD, including all permits, licenses or authorizations necessary in connection therewith. Such payments by TENANT shall be made directly to the utility supplier or service provider, except that if such utilities should be supplied by the LANDLORD, then in this event, TENANT shall pay those costs to LANDLORD within thirty (30) days after receipt of LANDLORD’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 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 LANDLORD or the utility owner. b. The TENANT agrees to provideindemnify and hold LANDLORD harmless, at in LANDLORD’S capacity as utility provider, for defects, failures, or reduced, diminished, or cessation of service furnished by LANDLORD or its costsuppliers, waterand LANDLORD further reserves the right to temporarily terminate the supply, electricity 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 telephone service connections into 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; but Tenant , and to comply with all provisions for maintaining such utilities. d. The LANDLORD 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 TENANT. The LANDLORD shall pay during take all reasonable care and diligence to protect existing improvements and utilities, and shall avoid to the Lease Term greatest extent possible, any unreasonable interference or interruption to TENANT’S operations. e. TENANT shall design and install all utilities used by TENANT subject to the express approval of the LANDLORD prior to delinquency all charges for waterinstallation. All utilities, including but not limited to, electrical, gas, lightdata and communications utilities installed or caused to be installed shall be underground, heat, power, electricity, telephone and no utility services or other communication servicecables or wires shall be installed on poles or otherwise above ground. Unless otherwise provided in this Agreement, janitorial serviceall conduits or ducts installed shall be considered fixtures as defined under Section 17 TITLE TO FACILITIES, trash pick-upIMPROVEMENTS AND FIXTURES, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract become the owned property of LANDLORD. f. Wastes not legally permitted and authorized for all of disposal into the Services in Tenant's name prior to the Commencement Date. The Commencement Date storm and/or sanitary drainage system shall not be delayed by reason discharged, connected or introduced into storm and/or sanitary drains and the storm and/or sanitary drainage system. TENANT shall take all reasonable precautions to prevent the discharge of material into any failure by Tenant to so contract for Servicesdrainage system that would create interference with the flow therein, or that would cause a hazard or unlawful contamination thereto. In the event that any A copy of the Services cannot TENANT’S Stormwater Pollution Prevention Plan and Spill Prevention Control and Countermeasure Plan shall be separately billed or metered submitted to the Premises, or if any of LANDLORD upon the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLANDLORD’S request.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency contract directly with public utility providers for all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied utilities which are separately metered to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Datepay such utility providers directly and promptly when due. The Commencement Date shall If any utility is 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 as of the Commencement Date, the cost of such Services utility consumed on the Premises, as reasonably determined by Landlord, shall be an paid by Tenant as a part of Operating Expense and Tenant shall Expenses. Tenant’s obligation to pay such cost to Landlord, as Additional Rent, as for utilities provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises during the Term shall survive the expiration or earlier termination of the Lease. Tenant shall not utilize an alternative provider for a utility service other than the public utility provider servicing the Property unless Tenant shall first obtain the written consent of Landlord. Landlord shall not be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interruption, or defect in the supply or character of the electric energy furnished to the Premises or Building by the applicable utility provider. To ensure the proper functioning and protection of all utilities, Tenant agrees to abide by all reasonable regulations and requirements which Landlord may prescribe and to allow Landlord and its utility providers’ access to all electric lines, feeders, risers, and wiring within the Premises. Notwithstanding the provisions of this Section 16, in the event the Building experiences an interruption of electrical, telephone, HVAC or water service, which in any such case prevents Tenant from utilizing the Premises (or portion thereof) to conduct its business (a “Service Failure”) which Service Failure is due to Landlord’s actions (i.e. not as a result of the acts or negligence or willful misconduct inability of Landlord for to obtain the applicable utility service through no fault of Landlord (a period “Controllable Service Failure”), Landlord shall commence and diligently pursue the curative action within a commercially reasonable amount of forty-eight time after written notice from Tenant of a Controllable Service Failure. Notwithstanding the foregoing, if Tenant does not conduct business in the Premises (48or portion thereof) consecutive hours during the Lease Termas a result of a Controllable Service Failure, then Tenant's Rent payable hereunder Tenant shall be equitably abated entitled to an equitable abatement of Rent (in proportion to the extent such curtailment or suspension of Services interferes with Tenant's use portion of the Premises subject to the Service Failure) with respect to a Controllable Service Failure commencing with the [***] (as reasonably determined by [***]) consecutive business day after Tenant’s notice to Landlord and Tenant) following such forty-eight (48) hour period of the Controllable Service Failure until such Services time as the services are restoredrestored and/or the applicable repair is made, as the case may be.

Utilities. Tenant shall be billed directly by Landlord agrees as Additional Rent for the costs of Aggregate Direct Electric Loads in a manner consistent in all material respects with the then manner of billing for electrical service provided by the local electric utility company and in accordance with the then applicable pricing structures and rate schedules as filed by such utility with the applicable governmental authority from time to providetime. 3.5.1 Notwithstanding the foregoing, at its costif the Metering Equipment – Tenant Space in installed in such a manner so as to not capture Systems Efficiency Losses, water, electricity and telephone service connections into the Premises; but Landlord shall have a right to add an amount reasonably determined by landlord to Tenant’s Aggregate Direct Electric Loads sufficient to compensate Landlord for actual System Efficiency Losses attributable to Tenant’s Aggregate Direct Electric Loads. 3.5.2 Tenant shall pay during a proportionate share of all Ancillary Utility Costs, which proportionate share shall be a fraction expressed as a percentage, the Lease Term numerator of which shall be Tenant’s Aggregate Direct Electric Loads and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively denominator of which shall be the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to sum of the Premises and shall contract Aggregate Direct Electric Loads for all of the Services tenants then operating in Tenant's name prior the Building. 3.5.3 Notwithstanding the foregoing, if Landlord reasonably determines that the method of calculating Aggregate Direct Electric Loads, System Efficiency Losses and/or Ancillary Utility Costs is inadequate to capture the costs related to same that should otherwise be attributable to the Commencement DateTenant Space, Landlord and Tenant shall mutually agree on a different formula/calculation, as necessary, to appropriately capture such costs. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In Additionally, in the event that any Landlord determines that it is no longer commercially impractical to separately meter some or all of Unmetered Direct Electric Loads, System Efficiency Losses and/or Ancillary Utility Costs, then Landlord may cause the Services cannot equipment related to the foregoing to be separately billed or metered to the PremisesTenant Space at Landlord’s sole cost and expense. In either event, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense Landlord and Tenant shall pay execute an amendment to this Lease reflecting such modification. For the avoidance of doubt, it is the intent of the parties that this Section 3.5 represents a mechanism only for Landlord’s cost recovery with regard to Landlordutilities (including electrical power) serving, as Additional Rent, as provided to and/or used in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be or for 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 any cause whatsoever shall not affect any obligation of Tenant hereunderSpace, and Tenant shall faithfully keep and observe all the terms, conditions and covenants that there is no intent for Tenant’s Utility Payment to include any element of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence profit to the contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredin connection therewith.

Utilities. Landlord agrees to providepay for (if checked): water, at its costsewer, gas, electric, trash, basic cable, other . ▇▇▇▇▇▇ agrees to pay any and all other utilities, including related deposits and transfer charges that Landlord has not specifically agreed to pay. Tenant shall transfer into Tenant’s name or account, effective on the Lease Start Date, all utilities serving the Premises that are to be paid for by Tenant. For any utility bill or account in Tenant’s name, Tenant shall not change out of Tenant’s name or allow any such utility to be disconnected for any reason or by any means, including but not limited to non- payment of utility bills, until the Tenant moves out of the Premises. Tenant consents to any utility company notifying Landlord of Tenant’s failure to pay any utility, or of any pending disconnection. Tenant shall be liable for all utilities until the date Tenant vacates or until the date Tenant could have moved out without breaching this Lease, as determined by this Lease, whichever date is later. Utilities shall be used only for normal household purposes, not for business or any other purpose, and are not to be wasted. If ▇▇▇▇▇▇ agrees to pay any utility, Landlord reserves the right to pay any such utility and bill Tenant, including a reasonable billing or an administrative charge for billing of any unregulated utility. If Tenant reimburses Landlord for any utility charge, ▇▇▇▇▇▇ agrees to pay such sum on or before the FIRST day of each month, or any date set forth in any bill from Landlord to Tenant. Tenant shall pay to Landlord upon move-in a one-time utility transfer fee of $ . Landlord shall have the exclusive right to change or install utility lines, meters, sub- metering or load management systems, and similar electrical equipment serving the Premises. If any utilities are sub-metered for the Premises, Landlord will attach a utility addendum to this Agreement if required by law. Landlord shall have the right, upon thirty (30) days’ notice to Tenant, to increase the monthly payment due by an amount reasonably related to any increase in the cost of water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, and/or natural gas, light, heat, power, electricity, telephone or any other communication service, janitorial service, trash pick-up, sewer and all other services supplied utility that Landlord has agreed to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall 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 as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredpay.

Utilities. Landlord agrees 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 provideuse, as required for comfortable occupancy, during 8 AM to 6 PM each weekday, other than national or state holidays (herein "Normal Business Hours"). LESSOR shall provide electrical connections to (but not distributed within ) the Leased Premises for general office, research, and laboratory purposes, 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 charges for electricity used on the Leased Premises. LESSEE shall pay all such charges for electricity used on the 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 * = CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. 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 costproportional share of said charges relative to all 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 Building by the utility company. 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 available heat, ventilation, and air-conditioning as may be requested by LESSEE for the Leased Premises during hours other than Normal Business Hours ("Overtime HVAC"), and LESSEE shall pay for such Overtime HVAC on the basis of $40.00 per zone, per hour (subject to increase by the same percentage amount by which the standard electric rates are increased from time to time by the utility company), as billed by LESSOR and to be paid by LESSEE within thirty (30) days of said invoice. LESSEE shall give LESSOR twenty four (24) hours prior notice of any requirements for specialized overtime heating and air conditioning. LESSOR shall not be liable to LESSEE for any interruption, interference, damage or 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. Notwithstanding the foregoing, in the event the Premises lack heat or air conditioning at the standard building service as set forth above, or lack lavatory facilities, water, electricity and telephone or elevator service connections into at the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services standard to be supplied by LESSOR hereunder; and such lack continues for five (5) consecutive business days or occurs more than two times in any twelve month period, then (and only then) Annual Base Rent and Additional Rent with respect to such periods of deprivation shall be abated for each day of such lack of service, unless caused by factors or events outside the Premises and shall contract for all control of the Services LESSOR (e.g. suspension of utilities (e.g. electrical, water, etc.) by the service provider; or LESSEE's own willful or negligent acts or omissions, etc.) in Tenant's name prior to the Commencement Datewhich case there shall be no such abatement. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that If any of the Services cannot be separately billed deprivations or metered loss of services described in the foregoing sentence occur; or if there is a material impediment to or suspension of LESSEE's rights to park within the Building as contemplated in section 16 hereof caused by the LESSOR, (unique to the Premises, or if any of the Services are Building and not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts other external factors beyond LESSOR's control such as municipal street work, curfews, vehicular bans, etc. for which LESSOR shall not be deemed responsible hereunder), and LESSOR does not make reasonable adequate accommodations to compensate therefor; and any such deprivations or negligence or willful misconduct loss of Landlord services continue for a period in excess of forty-eight forty five (4845) consecutive hours days, or sixty (60) days during any twelve month period, then LESSEE shall have the right to terminate this Lease by giving LESSOR ten (10) days written notice, and unless such services are restored within the ten (10) day period after such notice, the Lease Term, then Tenant's Rent payable hereunder shall terminate as of the tenth day after such notice is delivered to LESSOR. No plumbing or electrical work of any type shall be equitably abated done without LESSOR's approval which approval shall not be unreasonably withheld or delayed and the appropriate municipal permit and inspector's approval. All charges for separately metered water used by LESSEE shall be * = CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. based on the rate at which water/sewer charges are billed to the extent such curtailment or suspension of Services interferes with Tenant's use of Building by the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredCity Of Cambridge.

Utilities. Landlord agrees to provide, at its cost, water, electricity From and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall 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 as of after the Commencement Date, the cost of such Services shall Tenant agrees to pay, or cause to be an Operating Expense and Tenant shall pay such cost to Landlordpaid, as Additional Rent, all charges for electricity and other utilities consumed in the Premises (or by any special facilities serving the Premises), whether as part of Operating Expenses or as provided in Paragraph 12 below, except that this Section 3.01. Tenant will comply with all contracts relating to any such services. Tenant's proportionate share of ’s charges for such Services utility usage shall be based upon Tenant’s actual usage as determined by the percentage obtained utility providers, where such utilities are separately metered directly to Tenant, or by dividing Landlord’s reading of check meters serving the gross leasable square footage contained Premises, without ▇▇▇▇-up, in either case as provided as part of the Finish Work. So long as the Premises by consists of all rentable areas of the total gross leasable square footage located in Building, (A) it is the intent of the parties to provide for separate, direct metering of all buildings utilizing such Services. The lack or shortage of any Services due utilities exclusively serving the Premises to any cause whatsoever the extent feasible and (B) Tenant shall not affect any obligation of Tenant hereunderhave the right, at its prior written request to Landlord, to have the electricity, water, sewer, 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 contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended gas service to the Premises as a result placed in the name of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated Tenant to the extent possible so long as no additional alterations or construction is required to do the same and Tenant pays any costs associated with such curtailment or suspension change. If any such utilities are in Tenant’s name, then Tenant shall provide Landlord with such information regarding Tenant’s utility usage from time to time as Landlord may reasonably request. To the extent that Tenant is not paying for electricity directly to the provider therefor, Tenant shall make monthly payments of Services interferes with Tenant's use Additional Rent on account of electricity, in advance, on the Commencement Date and the first of each month thereafter equal to one‑twelfth (1/12) of the Premises annual amount of such Additional Rent reasonably projected by Landlord, based upon prior usage at the relevant building or as projected by Landlord’s engineer, to be due from Tenant (as pro-rated for any partial month at the beginning or end of the term) from time to time. Tenant’s monthly payments may be reasonably determined revised by Landlord from time to time so that Tenant’s aggregate monthly payments shall equal the Additional Rent then projected to be due for the year in question. Landlord shall provide Tenant with a statement showing Tenant’s actual usage of electricity based on the reading of Tenant’s check-meters, if applicable, no less often than annually. If the Additional Rent due for electricity is less than the Additional Rent for electricity paid by Tenant on account of Landlord’s calculation of estimated electrical charges, Landlord shall either promptly refund to Tenant the difference or credit same against Base Rent and Tenant) ’s Pro Rata Share of Operating Expenses and Taxes next due from Tenant. If the Additional Rent due for electricity is more than Landlord’s calculation of estimated electrical charges, Tenant shall pay such amount to Landlord within 30 days following receipt of the ▇▇▇▇ therefor. If such fortyusage is not separately or check-eight (48) hour period until metered from time to time, such Services usage and billing shall be based upon the reasonable estimate of Landlord’s consulting engineer. If Tenant makes payments directly to the utility company for any separately metered utilities, then Tenant shall pay such bills directly to the utility company, Tenant shall contract directly for the applicable service, and shall pay all bills for such utility service as and when due. Tenant shall pay all costs associated with obtaining utility service, including costs for equipment installation, maintenance and repair; exit fees, stranded cost charges, and the like, other than the costs to install such services that are restoredincluded as part of Base Building Work.

Utilities. Landlord agrees to provide, provide at its cost, cost water, electricity electricity, sewer, telephone and telephone gas utility service connections into the Premisespremises; but Tenant shall pay during the Lease Term and prior to delinquency for all charges for water, gas, heat, light, heat, power, electricitytelephone, telephone or sewer, sprinkler charges and other communication service, janitorial service, trash pick-up, sewer utilities and all other services supplied to or consumed it uses on the Premises (collectively the "Services") and all premises, together with any taxes, leviespenalties, fees surcharges or surcharges therefor. Tenant shall arrange the like pertaining thereto and any maintenance charges for Services to be supplied to the Premises utilities and shall contract for furnish all of the Services in Tenant's name prior to the Commencement Dateelectric light bulbs and tubes. The Commencement Date shall not be delayed by reason of If 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 such services are not separately metered as of the Commencement Dateto Tenant, the cost of such Services shall be an Operating Expense and Tenant shall pay 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 cost test meter conflict with Landlord's reasonable proportion of utilities which are jointly metered, then Landlord shall readjust such utility charges of Tenant to reflect the test meter's reading and refund any amounts it overcharged Tenant for the current lease year. Landlord shall in no event be liable for any interruption or failure of utility services on the premises unless such is due to Landlord's, as Additional Rentits agent's, as provided employee's, contractor's or invitee's intentional acts or negligence. However, if the premises is rendered untenantable in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained whole or in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services part due to any cause whatsoever shall not affect any obligation such interruption or failure 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 contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises services as a result of the or arising from Landlord's, its agent's, employee's, contractor's or invitee's intentional acts or negligence and/or due to any entry into the premises by, through or willful misconduct of Landlord under Landlord, its agents, employees, contractors or invites, for a period of forty-eight more than five (485) consecutive hours during business days then, beginning with the Lease Term, then sixth (6th) day Tenant's Rent payable hereunder rent shall be equitably abated to ▇▇▇▇▇ thereafter based upon the extent of and for the duration of such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoreduntenantability.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency for all charges for separately metered water, gas, heat, light, heattelephone, power, electricity, telephone or other communication service, janitorial service, trash pick-uptelecommunication, sewer and sprinkler charges and for other utilities and services 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 other 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 supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforPremises. Tenant shall arrange for Services have no right to terminate this Lease nor shall Tenant 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 as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 entitled to any 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 contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises 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 acts or foregoing, if any Essential Service (as hereinafter defined) which Landlord is required to provide to the 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 forty-eight five (485) or more consecutive hours during business days after written notice thereof from Tenant to Landlord (the Lease Term"Interruption Notice"), then then, provided that Tenant shall have ceased operating in the Affected Space, the Rent (including, without limitation, Base Rent and Additional Rent) shall ▇▇▇▇▇ in the proportion that the rentable square footage of the Affected Space in which Tenant shall have ceased to operate its business bears to the rentable square footage of the Premises, which abatement shall commence on the sixth (6th) business day following Landlord's receipt of the Interruption Notice and expire on the earlier of Tenant's Rent payable hereunder recommencement of business operations in the Affected Space or the date that the Service Interruption is remedied. Notwithstanding the foregoing, in no event shall Tenant be entitled to abatement or any other remedy if the interruption of any Essential Service is caused in whole or in part by the negligence of Tenant, its agents, employees, contractors, licensees or invitees. Tenant agrees that, except as expressly set forth herein, the rental abatement described herein shall be equitably abated Tenant's sole remedy in the event of a Service Interruption and Tenant hereby waives any other rights against Landlord, at law or in equity, in connection therewith, including, without limitation, any right to terminate this Lease, to claim an actual or constructive eviction, or to bring an action for money damages. Notwithstanding the foregoing, in 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 the Affected Space, Tenant shall be entitled, as its sole and exclusive remedy, 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 such curtailment or suspension of Services interferes with supplied by Landlord). Nothing contained herein shall limit Tenant's use right to abatement in the case of a fire or other casualty or condemnation as provided in the Premises (as reasonably determined by Landlord "Fire and Tenant) following such forty-eight (48) hour period until such Services are restoredCasualty Damage" or "Condemnation" Sections of this Lease. 11.

Utilities. Landlord agrees (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 provide, at its cost, water, electricity and telephone the applicable utility service connections into provider for any utilities that are separately metered (not submetered) to the Premises; but (ii) Tenant shall pay during Landlord for any utilities serving the Lease Term Premises that are separately submetered based upon Tenant’s submetered usage, (Landlord shall be responsible for any maintenance and prior 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 delinquency Building tenants or paid separately by such tenants. 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 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 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 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 estimate the utility charge, which estimated amount shall be payable to Landlord within 30 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 waterreading the applicable meters, gasprovided Landlord shall have the right to engage a third party to read the submeters, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer ​ ​ ​ and all other services supplied to or Tenant shall reimburse Landlord for both the utilities consumed on as evidenced by the Premises (collectively meters plus the "Services") and all taxes, levies, fees or surcharges costs for reading the meters within 30 days after receipt of an invoice therefor. Tenant shall arrange for Services pay such rates as Landlord may establish from time 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 time, which shall not be delayed by reason in excess of any failure applicable rates chargeable by Tenant to so contract for Services. In the event that any Law, or in excess of the Services cangeneral 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, and such failure continues uncured following fifteen (15) days written notice thereof Landlord shall have the right but not the obligation to pay such charges on Tenant’s behalf and ▇▇▇▇ Tenant for such costs plus the Administrative Fee (as defined in Section 17), which amount shall be separately billed or metered 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 Premisesservice, or if any equipment, wiring, and requirements of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 utility supplying electricity to the contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredBuilding.

Utilities. Landlord agrees Subject to provideSection 6.2 below, at its costSubtenant shall be responsible for and shall promptly pay, waterdirectly to the appropriate supplier, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency for all charges for water, gas, lightelectricity, sewer, heat, light, power, electricitytelephone, telephone or other communication telecommunications service, refuse pickup, janitorial service, trash pick-uplandscape maintenance, sewer and all other utilities, materials and services supplied furnished to Subtenant or consumed on the Premises (collectively the "Services") and all taxesor used by Subtenant in, levies, fees on or surcharges therefor. Tenant shall arrange for Services to be supplied to about the Premises and shall contract for all of during the Services in Tenant's name prior to the Commencement DateTerm, together with any taxes thereon. The Commencement Date shall not be delayed by reason of If any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed such utilities or metered to the Premises, or if any of the Services services are not separately metered as or 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, Master Premises, and/or Adjacent Properties, are currently not separately metered), Sublandlord shall make a determination of the Commencement Date, Subtenant's Share of the cost of such Services shall be an Operating Expense utilities and Tenant services and Subtenant shall pay such cost to Landlordamount, as an item of Additional Rent, within ten (10) days after receipt of Sublandlord's statement or invoice therefor. Alternatively, Sublandlord may elect to include such cost as provided part of Direct Expenses, in Paragraph 12 below, except that Tenantwhich event Subtenant shall pay Subtenant's proportionate share Share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained costs in the Premises by manner set forth in Section 4.2 (subject to Section 6.2 below). Sublandlord shall have the total gross leasable square footage located in right (but not the obligation), from time to time, to cause any or all buildings utilizing such Services. The lack or shortage of any Services due to any 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 contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended utilities to the Premises as a result 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 acts or negligence or willful misconduct shared utility facilities described above, modifications to address such affect, and the cost thereof, including the additional cost of Landlord for a period of forty-eight (48) consecutive hours during the Lease Termincreased operation and maintenance, then Tenant's Rent payable hereunder shall be equitably abated 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 obtaining, contracting for and maintaining its own monthly phone and data service to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredPremises.

Utilities. Landlord agrees to provideA. LESSEE shall pay, at its costas they become due, water, all bills for electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied utilities that are furnished to the Premises and shall contract for all presently separately metered. Electricity furnished to portions of the Services in Tenant's name prior Premises not separately metered shall be provided subject to a watt load of six (6) ▇▇▇▇▇ for lighting such space and for the Commencement Dateoperation of ordinary office equipment (the "Anticipated Usage Level"). The Commencement Date shall not be delayed by reason of any failure by Tenant LESSOR agrees (i) to so contract for Services. In the event that any of the Services cannot be separately billed or metered provide all other utility service to the Premises, or if any (ii) to furnish reasonably hot and cold water and reasonable heat and air conditioning to the Premises, the hallways, stairways, elevators, and lavatories -5- during normal building business hours on regular Business Days as is reasonably required to maintain a reasonably comfortable temperature (68 degrees to 74 degrees Fahrenheit so long as the outside temperature does not exceed 95 degrees), (iii) to furnish elevator service, (iv) to light passageways, stairways, and other common areas during business hours, (v) to furnish security in the main lobby of the Services Building at all times, and (vi) to furnish janitorial and cleaning service to the Premises in accordance with the specifications attached hereto as Exhibit F, all subject to interruption due to any accident, to the making of repairs, alterations, or improvements, to labor difficulties, to inability to obtain fuel, electricity, service, or supplies from the sources from which they are not separately metered usually obtained for said building, or to any cause beyond the LESSOR'S control. LESSOR shall use commercially reasonable efforts to restore any interruption of service in a commercially reasonable period of time. ▇. ▇▇▇▇▇▇ shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Premises as of the Commencement Date. In the event LESSEE requires additional utilities or equipment, the installation and maintenance thereof shall be the LESSEE'S sole obligation, provided that such installation shall be subject to the written consent of the LESSOR. ▇. ▇▇▇▇▇▇ reserves the right to install separate meters to register the electricity usage in Space C, and in such event LESSEE shall pay for the cost of utility usage as metered and thereafter LESSEE shall not be required to pay those Operating Expenses otherwise attributable to such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share metered electricity usage. If LESSOR notifies LESSEE within thirty (30) days following the date of the installation of such Services meter that LESSEE'S consumption as metered exceeds the Anticipated Usage Level, then LESSEE shall be promptly, within 20 days of demand, reimburse LESSOR for the percentage obtained by dividing cost of installation of meters and the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Servicesmaintenance and repair thereof. The lack or shortage of In any Services due event, LESSOR may require LESSEE to any 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 reduce its consumption to the contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredAnticipated Usage Level.

Utilities. Landlord agrees to provideThe tenant must make sure that the accounts for [gas/electricity/telephone/TV licence/internet/broadband] are all in the tenant's name with the companies which supply those services. All of these services are generally known as utilities. The tenant must pay, at its costwhen due, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer utilities and all other services supplied during the tenancy. The tenant also has to settle up at the end of the tenancy for all outstanding amounts. If there are any bills for utilities left unpaid at the end of the tenancy, the landlord may be able to use money held in the deposit to settle these bills. The tenant can change supplier for gas or consumed on electricity if they are paying the Premises (collectively supplier and not paying the "Services") landlord for utility costs. If the tenant has a pre-payment meter, the tenant is still allowed to change supplier and all taxes, levies, fees there is no need to get the landlord's consent first. The tenant must tell the landlord if the tenant changes supplier and give the landlord the details of the new supplier - including its name. If the tenant permits any electricity or surcharges therefor. Tenant shall arrange for Services gas meter to be supplied changed from or to a pre-payment meter, then the Premises and shall contract for all tenant also has to pay the direct cost of changing the meter back at the end of the Services tenancy (unless the landlord wants to keep the meter the tenant had put in). So, although the landlord's permission is not needed to change the meter, the tenant might need to pay the cost of changing it back if the landlord wants this done. Alterations The tenant needs to get the landlord's written consent, in Tenant's name prior to advance, before 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 tenant does any of the Services following: makes any alterations to the property; makes any changes to the fixtures and fittings in the property - for example to the kitchen cupboards or bathroom fittings; or does any internal or external decorating or redecorating - including changing the colour of any of the walls or ceilings, doors or window frames in the property. It's entirely up to the landlord whether or not the landlord agrees to any of these things being done. The landlord cannot unreasonably refuse any request by the tenant for adaptions, auxiliary aids or services under section 52 of the Housing (Scotland) ▇▇▇ ▇▇▇▇ or section 37 of the Equality ▇▇▇ ▇▇▇▇. Any such request by the tenant must be made in writing to the landlord. Or, if the work would include or relate to any common parts of the building (for example a common entrance or common stair), the request must be made in writing to the persons who own those common parts. The owners of common parts would usually be all owners of any properties within a building. For these types of alterations, the landlord or other person owning common parts, is not entitled unreasonably to refuse to agree to the adaptations being done, auxiliary aids being installed or services being provided. If consent is refused, the tenant can appeal to the Tribunal (if the application is made under the Housing (Scotland) Act 2006) or to the Sheriff Court (if the application is made under the Equality Act 2010) within 6 months after the refusal. The tenant might find it helpful first to discuss the tenant's needs with the Citizens Advice Bureau, Shelter Scotland or the local council. Any of these three groups might agree to talk to the landlord to remind the landlord that it must not unreasonably refuse consent. Private Garden If the let property includes a garden, solely for the tenant's use (so not shared with anyone else), the tenant must maintain that garden in a reasonable manner. The landlord might pay for garden maintenance to be carried out and charge this cost as a service included in the monthly rent payments - this should be stated in the Agreement. In that case, the tenant would only need to keep the garden area tidy. If the tenant does not do this, then the landlord can do it instead and ask the tenant to pay back the costs. The landlord should supply the tenant with copies of the receipts for such costs. Roof The tenant must not go onto the roof without first getting the landlord's written consent - unless it's an emergency, in which case the landlord's consent is not needed. Bins and Recycling The tenant must dispose of or recycle all rubbish in the correct way. If rubbish is picked up from the street, then on the day it is due to be collected, it should be put out before the time asked for by the local council. Any rubbish and recycling containers should be returned to their normal storage places as soon as possible after being emptied by the local council. The tenant must also comply with the local council’s rules if they need to dispose of large items. Sometimes a local council might charge an extra cost to uplift a large item. The tenant can also arrange to dispose of large items by taking them to the nearest recycling centre run by the local council. Details of how to recycle large items and days and times of refuse and recycling collections will be given on the local council's website for the area in which the property is located. If the tenant does not dispose of rubbish properly, the landlord can do it instead and ask the tenant to pay back the costs. The landlord should supply the tenant with copies of the receipts for such costs. Storage No items belonging to the tenant (or belonging to anyone living with the tenant or to a visitor) should be left or stored in a common stair - if that would be a fire or safety hazard or a nuisance to the neighbours. Dangerous Substances – including liquid petroleum gas The tenant must safely store any petrol and/or gas, including liquid petroleum gas, which the tenant uses for garden appliances, barbecues or other household goods or appliances. This means keeping it outside the property if possible (for example in a shed in the garden) and stored in leak proof and fire proof containers. The tenant must not store or keep any other flammable liquids, explosives, or explosive gases which might be thought to be a fire hazard or dangerous in the property or in any store, shed or garage. Pets The tenant needs to get the written consent of the landlord, in advance, before the tenant brings any animal or pet into the property. It's up to the landlord whether or not the landlord gives this consent. If the Agreement bans pets, a tenant can ask the landlord to change it to allow an assistance dog if the tenant is disabled and needs an assistance dog to be able to live in the property. If the landlord refuses, they may be discriminating on the grounds of disability and could be acting illegally. If the landlord does agree that the tenant can keep an animal or pet in the property, the tenant must make sure that the animal or pet is kept under supervision and control. This is to ensure that the pet does not cause damage to the property or common areas and is not a nuisance to neighbours or others in the area. If the landlord agrees to allow a pet then they might request an additional deposit on top of the deposit they would usually charge. This is to acknowledge the greater potential for damage and costs at the end of the tenancy. The total amount of the deposit paid by the tenant, including this extra deposit cannot be separately billed or metered to more than 2 months' rent. At the Premises, or if any end of the Services are not separately metered as of Agreement, the Commencement Date, landlord can ask the tenant to repay the cost of any damage caused by, or cleaning required due to, a pet. The landlord should supply the tenant with copies of the receipts for such Services shall be an Operating Expense and Tenant shall pay such cost costs. Smoking If the tenant wants to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained smoke in the Premises property (or allow others to smoke in the property) the tenant must get the landlord's written consent, in advance. This applies to tobacco smoking or the smoking of anything else. The tenant must not smoke (or allow others to smoke) in stairwells or other common areas. If the tenant is not supposed to smoke in the property then at the end of the Agreement, the landlord can ask the tenant to repay the cost of any damage caused by, or cleaning required due to, smoking. The landlord should supply the tenant with copies of the receipts for such costs. Additional Tenancy Terms The Agreement might include further clause(s) which the landlord agrees with the tenant. Any such other clause cannot go against, or say something different from, any other clauses in the Agreement which are mandatory clauses. The mandatory clauses in the agreement appear in bold type (which is darker than the normal typed wording). The Guarantor The guarantee clause includes a space for the guarantor's name as well as the guarantor's address and for the guarantor to sign the Agreement. These should all be filled in if a guarantor is needed. A guarantor is not always asked for by a landlord but it is quite common for the landlord to ask for a guarantor, if the tenant has a low credit score or is thought to be a higher credit risk, such as if the tenant claims benefits. The guarantor (if any) agrees to meet the full demands of the tenancy, on the tenant's behalf, if the tenant does not comply with those rules. Parents of young people or students are often asked to be guarantors. Joint residential tenancies have joint and several liability and so the guarantor is guaranteeing all the joint tenants and not just one particular tenant. The guarantor might have to pay costs which were due to another joint tenant(s) not having paid rent or causing damage to the property. These costs can include legal costs in trying to get payment of the rent arrears or other costs. If the tenant does not do something which they should, or does something that they should not do, the landlord can get the guarantor to do what is required or to meet any costs of fixing what should not have been done. For example, if the tenant does not pay rent or some other payment due under the tenancy, the landlord can claim it from the guarantor instead. Also, if the tenant does not repair some damage to the property which was caused by the total gross leasable square footage located in all buildings utilizing such Servicestenant, the landlord can ask the guarantor to repair the damage - or the landlord can do the repair themselves and then claim the cost from the tenant or from the guarantor. Also if the landlord: spends money or does work that the tenant should have done; or pays other people, for example, lawyers and Sheriff Officers, to take action against the tenant to try to get the tenant to comply with their duties under the tenancy, then the landlord can also claim those costs from the guarantor. The lack or shortage of guarantor's liability continues after the tenancy ends - to cover any Services duties breached during the tenancy where the costs are still due to any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredpaid.

Utilities. Landlord agrees (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 provide, at its cost, water, electricity and telephone the applicable utility service connections into provider for any utilities that are separately metered to the Premises; but (ii) Tenant shall pay during Landlord as Additional Rent for any utilities that are separately submetered to the Lease Term Premises based upon Tenant’s submetered usage, as well as for any maintenance and prior 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 delinquency 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 waterreading the applicable meters, gasprovided Landlord shall have the right to engage a third party to read the submeters, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or Tenant shall reimburse Landlord for both the utilities consumed on as evidenced by the Premises (collectively meters plus the "Services") and all taxes, levies, fees or surcharges costs for reading the meters within 20 days after receipt of an invoice therefor. Tenant shall arrange for Services pay such rates as Landlord may establish from time 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 time, which shall not be delayed by reason in excess of any failure 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 so contract 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 Servicessuch 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, Landlord is hereby authorized to request and obtain, 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 Building. Landlord shall have the right to 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 schedule 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, unless such interruption or delay: (i) renders the Premises or any material portion thereof untenantable for the normal conduct of Tenant’s business at the Premises, 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 willful misconduct; and (iii) extends for a period longer than 7 consecutive days, in which 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 reasonably determines that: (i) Tenant exceeds the design conditions for the heating, ventilation, and air conditioning (“HVAC”) system serving the Premises, introduces into the Premises equipment that overloads such system, or causes such system to not adequately perform its proper functions; or (ii) the heavy concentration of personnel, motors, machines, or equipment used in the Premises, including telephone and computer equipment, or any other condition in the Premises caused by Tenant (for example, more than one shift per day or 24-hour use of the Services canPremises), 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 to install one or more supplemental air conditioning units in the Premises with the cost thereof, including the cost of installation, operation and maintenance, being payable by Tenant to 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 be provided by Landlord (including a system for Landlord’s engineer reasonably to estimate any such excess usage). If such system indicates such excess services or utilities, Tenant shall pay Landlord’s reasonable charges for installing and operating such system and any supplementary air conditioning, ventilation, heat, electrical, or other systems or equipment (or adjustments or modifications to the existing Building systems and equipment), and Landlord’s reasonable charges for such amount of excess services or utilities used by Tenant. All supplemental HVAC systems and equipment serving the Premises shall be separately billed or metered to the PremisesPremises 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 keep cool any of Tenant’s information technology equipment that is placed together in one room, on a rack, or if in any of similar manner (“IT Equipment”), and Tenant waives any claim against Landlord in connection with Tenant’s ▇▇ Equipment. Landlord shall have the Services are not separately metered as of option to require that the Commencement Date, computer room and/or information technology closet in the cost of such Services Premises shall be an Operating Expense separately submetered at Tenant’s expense, and Tenant shall pay Landlord for all electricity registered in such cost submeter. Within 1 month after written request, Tenant shall provide to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained Landlord electrical load information reasonably requested by dividing the gross leasable square footage contained Landlord with respect to any computer room and/or information technology closet 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredPremises.

Utilities. Landlord agrees will provide at a point available to providethe Premises the facilities necessary to enable Tenant to obtain for the Premises sanitary sewer, at its cost, domestic water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for natural gas, chilled water, gas, light, heat, power, electricity, telephone or other communication and electricity service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforsuch facilities being more specifically described in Exhibit “C”. Tenant shall arrange be solely responsible for Services payment or reimbursement to be supplied to the Premises Landlord of all utilities 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 services provided to the Premises, including, without limitation, gas, heat, water, electricity, other power, air conditioning, telephone service, 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 connection or service fees in connection with the provision to the Premises of such utilities and services. All costs of providing meters or submeters shall be paid by Tenant. If applicable, Tenant shall pay all utility charges directly to the billing utility company by no later than the due date specified in any bill. Landlord may provide heating, chilled water and chilled air from a central plant to the Premises, in which case Tenant shall pay to Landlord (or the operator of the Services are not separately metered as central plant, if applicable) Tenant’s share of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (services as reasonably determined by Landlord. Such share shall be paid to Landlord (or plant operator) by the first day of each and Tenantevery month as an Additional Charge. Impossible Kicks – Grand Canal Shoppes – 2065 – Retail Lease 2/6/2023 (NL) following such forty-eight (48) hour period until such Services are restored.kb)

Utilities. Landlord agrees In addition to providethe payments required under Section 4.07, at its costand notwithstanding Sections 6.01 and 6.02, water, electricity and telephone service connections into the Premises; but Tenant shall pay during be responsible for the Lease Term and prior to delinquency cost of all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be utilities including electricity supplied to the Premises and Leased Premises. The Tenant shall contract for all not, without the prior written approval of the Services Landlord which may be unreasonably withheld, install or cause to be installed in Tenantthe Leased Premises any equipment that will require additional utility usage in excess of that normally required for office premises. If with the Landlord's name prior approval such additional equipment is installed, the Tenant shall be solely responsible for such excess utility usage. If utilities are supplied to the Commencement Date. The Commencement Date Tenant through a meter common to other tenants in the Project (there being no obligation on the Landlord to install separate meters), the Landlord 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 as of the Commencement Date, pay the cost of such Services shall be an Operating Expense the utilities and will apportion the cost pro rata among the tenants supplied through the common meter, based on all relevant factors including, but not limited to, the hours of use, number and types of lights and electrical equipment and the proportion of each tenant's Rentable Area to the Rentable Area of all tenants to which the common meter relates. Upon receipt of the Landlord's statement of apportionment, the Tenant shall promptly reimburse the Landlord for all amounts apportioned to the Tenant by the Landlord provided that the Landlord may elect by notice to the Tenant to estimate the amount which will be apportioned to the Tenant and require the Tenant to pay such cost to Landlord, as Additional Rent, as provided that amount in Paragraph 12 below, except that monthly instalments simultaneously with the Tenant's proportionate payments of Annual Basic Rent. Notwithstanding the foregoing, and whether the Leased Premises are separately metered or not, the Landlord may purchase in bulk from the utility supplier the aggregate utility requirements of the Project at the applicable rates determined by a single meter on the Project and may, in billing the Tenant for its share of such Services utility, apply a scale of rates not greater than the current scale of rates at which the Tenant would from time to time be purchasing the whole of its utilities required and consumed in respect of the Leased Premises if the Tenant was purchasing directly from the utility supplier. The Tenant shall be upon the percentage obtained by dividing the gross leasable square footage contained Landlord's request install a separate utility meter or meters in the Leased Premises by at the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredexpense.

Utilities. Landlord agrees to provide11.1 To the extent that the Premises are separately metered for a particular Utility (as hereinafter defined) service, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during directly to the Lease Term applicable service provider when due all costs, charges and prior deposits related to delinquency all charges for Tenant’s consumption of water, gas, electricity, fuel, light, heat, power, electricitytelephone, telephone sewage services or any other utilities or services (collectively, “Utilities”) servicing the Premises. For Utility services that are not separately metered, Tenant shall pay Landlord for Tenant’s actual use and consumption of such Utility services at the Premises within thirty (30) days of Tenant’s receipt of Landlord’s invoice for same. Subject to the provisions of Section 25 hereof, Landlord shall have no liability to Tenant or any other party for any inadequacy, cessation, or interruption of any Utilities. Tenant covenants and agrees not to install or utilize any equipment which may or will exceed or overload the capacity of any Utilities furnished or servicing the Premises or the Entire Property. 11.2 If Tenant shall fail to promptly pay any utility or communication charge for service, janitorial serviceLandlord may, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall 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 but shall not be delayed obligated to pay such charge, and the sums so paid and any expenses incurred by reason Landlord in connection therewith shall be deemed to be an Additional Payment immediately due and payable by Tenant. 11.3 Tenant shall fail to promptly pay any utility service charge for which Landlord has billed Tenant or fails to pay within ten (10) days after the due date thereof any Fixed Rent, Landlord shall have the right, in addition to any other remedies available to Landlord by the terms of this Lease or at law, to cut off and disconnect any and all utilities billed by Landlord during the period for which such rent or utility bills remain unpaid. Landlord shall not be liable for damages nor shall the rent, including Fixed Rent and Additional Rent, hereinabove stipulated be abated on account of any failure by Tenant to so contract for Services. In the event that any of the Services canutility service when such failure is not be separately billed or metered due to the Premises, or if any negligence of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall obtain in its own name and pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied directly to the Premises appropriate supplier the cost of all utilities and shall contract for all of services serving the Services in Tenant's name prior to the Commencement DateLeased Premises. 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 PremisesHowever, or if any services or utilities are jointly metered with other property, Landlord shall make a reasonable determination of the Services are not separately metered as Tenant’s proportionate share of the Commencement Date, the cost of such Services shall be an Operating Expense utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall pay such cost share to Landlord within thirty (30) days after receipt of Landlord’s written statement Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding the foregoing, in the event that (i) an interruption of utility service to the Leased Premises is due to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share ’s negligence or intentional wrongful acts and (ii) the restoration of such Services utility service is entirely within Landlord’s control and (iii) 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 ten (10) consecutive business days, then Tenant shall notify Landlord in writing that Tenant intends to ▇▇▇▇▇ rent. If service has not been restored within five (5) business days of Landlord’s receipt of Tenant’s notice, then Minimum Annual Rent shall ▇▇▇▇▇ proportionately with respect to the portion of the Leased Premises rendered untenantable on a per diem basis for each day after such five (5) business-day period during which such portion of the Leased Premises remains untenantable. Such abatement 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 Tenant’s sole remedy for Landlord’s failure to any cause whatsoever shall not affect any obligation of Tenant hereunderrestore service as set forth above, 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 not be entitled to damages (consequential or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises otherwise) as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredthereof.

Utilities. Tenant agrees to pay for the following utilities or services: ALL. Upon the delivery of possession of the leased premises to Tenant, Except as provided below Tenant shall within three (3) business days, arrange for such utilities or services to be provided and to be billed directly to Tenant. If Tenant fails to transfer the utilities or services to Tenant’s name within the three business days after the effective date of the lease, the Landlord may transfer the utilities or services to Tenant’s name and charge Tenant a $50.00 service fee. Landlord agrees to providefurnish, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforLandlord’s expense: No Utilities. Tenant shall 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 Landlord shall not be delayed by reason liable for damages for failure to furnish any utilities or services when the cause of such failure is beyond Landlord’s control or outside Landlord’s responsibility hereunder, and, notwithstanding the foregoing, in the event Tenant exceeds ordinary usage of any failure by utilities to be furnished at Landlord’s expense, Landlord reserves the right to charge Tenant appropriate amounts for such extraordinary usage as additional rent. The charges for all utilities or services for which Tenant is responsible shall be deemed additional rent, whether paid or payable to so contract for Services. In the event that any of the Services cannot be separately billed landlord or metered directly to the Premisesperson or entity providing such utility or service. LANDLORD WILL KEEP THE (X) WATER, or if any of the Services are not separately metered as of the Commencement Date(X) SEWER, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord(X) TRASH, as Additional Rent(X) ▇▇▇ ▇▇▇▇, as provided in Paragraph 12 belowIN LANDLORDS NAME, except that Tenant's proportionate share of such 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 ServicesHOWEVER TENANT WILL BE RESPONSIBLE FOR PAYING THE FULL COST OF THESE UTILITIES IN ADDITION TO THE MONTHLY LEASE PAYMENTS. The lack or shortage of any Services due to any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredA MINIMUM PAYMENT OF $ _ PER MONTH WILL BE DUE ON THE FIRST OF EACH MONTH IN ADDITION TO THE MONTHLY LEASE PAYMENT AND ADJUSTMENTS WILL BE MADE BASED ON ACTUAL COSTS.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for supply water, gas, light, heat, powerelectricity and sewer connections to the Premises. Tenant shall pay for all gas, electricity, telephone or other communication servicewater and sewer used by Tenant within the Premises, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all together with any taxes, leviespenalties, fees surcharges or surcharges therefor. the like pertaining thereto, and Tenant shall arrange be liable for Services to be supplied all maintenance and equipment with respect to the Premises continued operation thereof including, without limitation, all electric light bulbs and tubes. In no event shall contract Landlord be liable for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason any interruption or failure of any failure utility servicing the Property. Landlord may cause at Tenant’s expenses any utilities used by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed metered or metered charged directly to Tenant by the provider. Tenant hereby waives the provisions of any existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to an interruption, failure or inability to provide any services. Subject to Paragraph 10 and Paragraph 18, if any failure or interruption of utilities supplied to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 or any of its agents, employees or contractors (a ”Service Interruption”), renders the Premises (or a part of the Premises) untenantable or inaccessible, and the Premises (or the untenantable or inaccessible portion thereof) are not used by Tenant for a period of forty-eight more than five consecutive business days (48) consecutive hours during the Lease Term”Eligibility Period”), then Tenant's Base Rent payable hereunder shall be equitably abated to ▇▇▇▇▇ proportionately based on the extent such curtailment or suspension of Services interferes with Tenant's use portion of the Premises rendered untenantable or inaccessible and not used by Tenant commencing on the next day after the last day of the Eligibility Period and continuing for the period that the Premises or the applicable portion thereof are rendered untenantable or inaccessible and are not used by Tenant as a result of such Service Interruption; provided, that in order to be eligible for an abatement under this Paragraph 7, Tenant must, within five (as reasonably determined 5) business days after the last day of the Eligibility Period, provide Landlord notice, which may be by e-mail to the Property manager (the “Service Interruption Notice”), which notice shall (1) include the date of occurrence of the Service Interruption that continues for more than five consecutive business days and (2) specify the part of the Premises that is untenantable or inaccessible and Tenant does not occupy or use due to such Service Interruption. In addition, if the Service Interruption continues for more than thirty (30) consecutive days, Landlord, at no cost to Tenant, will use commercially reasonable efforts to provide Tenant temporary space at another property owned by Landlord and Tenant) following such forty-eight (48) hour period or its affiliate until such Services are restoredtime than the Service Interruption is remedied.

Utilities. Landlord agrees (A) Tenant shall be liable for and pay directly to providethe public utility company servicing the Demised Premises all utilities and fuel servicing the Demised Premises, including but not limited to, gas, oil, telephone and electric. Tenant shall also be solely responsible for the cost of operating, maintaining, repairing and replacing the heating, air conditioning and all mechanical systems serving the Demised Premises. In no event shall Owner be responsible for charges for electricity or any other utility or fuel consumed at the Demised Premises by Tenant. If Tenant fails to pay said charges, however, Owner may, at its costoption, waterpay same to the utility company and ▇▇▇▇ Tenant for said charges as additional rent. (B) Interruption or curtailment of a service shall not constitute a constructive or partial eviction nor entitle Tenant to any damages or abatement of rent (or additional rent). Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the existing feeders to the building or of the risers or wiring installation. Tenant shall make no alteration or addition to the electrical equipment without the prior written consent of the Owner. (C) Tenant shall accept and use water furnished by Owner to the Demises Premises. If there is a sub-meter presently installed within the Demised Premises to measure Tenant’s water usage, electricity and telephone service connections into the Premises; but Tenant shall pay during as additional rent a water charge within thirty (30) days demand from time to time based on a reading of such submeter (including the Lease Term and prior cost to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied read such submeter) at the same rates Owner is being charged by the utility providing water to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforShopping Center. Tenant shall arrange be responsible for Services to be supplied the maintenance and repair thereof during the Term. TENANT SHALL BE RESPONSIBLE FOR PAYMENT OF ONE HUNDRED (100%) PERCENT OF ANY AND ALL WATER BILLS FOR THE PREMISES, IRRESPECTIVE OF WHETHER THERE IS A SUBMETER OR SINGLE METER TO THE ENTIRE DEMISED PREMISES. (D) If the public utility rate for the supply of water to the Premises and Building shall contract for all be increased after the commencement 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 as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants term of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to then the contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder Water Charge shall be equitably abated increased in the same proportion as the increase to Owner. As used herein, the extent such curtailment or suspension of Services interferes term “rate” shall include any fees, tariffs, rates, surcharges and taxes, which Owner is required to pay in connection with Tenant's use of obtaining water for the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredBuilding.

Utilities. Landlord shall furnish the Leased Property with electricity, natural gas, ventilation, heating and air conditioning, sewer (subject to limitations on discharge as provided in the Industrial Waste Discharge Rider attached to and made part of this Lease as Exhibit Q) and hot and cold potable water in accordance with the Base Project Specifications for the normal use and occupancy of the Leased Property for the Permitted Use (including Tenant’s Laboratory Space (as defined in Section 3(c)(v) of the Work Letter)) twenty-four (24) hours per day, seven (7) days a week. Landlord shall furnish the Leased Property with electricity in accordance with the approved Base Project Construction Documents (as defined in Section 2(a) of the Work Letter) and TI Work Plans (as defined in Section 3(c)(i) of the Work Letter). Tenant shall identify and Landlord shall approve during the design process outlined in the Work Letter any additional or upgraded service Tenant may require for Tenant’s communications and networking systems, specialized equipment, Laboratory Space and other needs of Tenant. Tenant agrees to provide, pay monthly (or at its cost, water, electricity and telephone service connections into such other billing period required by the Premises; but Tenant shall pay during applicable utility provider) directly to the Lease Term and prior to delinquency utility provider all charges for waterheat and air conditioning and electricity, natural gas, lightsewer, heatwater and other utilities used by Tenant at the Leased Property. Bills for water and sewer service shall either be issued directly to Tenant for payment, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. in which event Tenant shall arrange forward a copy of each ▇▇▇▇ to Landlord promptly following receipt, or to Landlord, in which event Landlord shall promptly forward each ▇▇▇▇ to Tenant following receipt for Services to payment by Tenant. A separate meter shall be supplied installed with respect to the Premises Leased Property (and the heating and air-conditioning equipment servicing the Leased Property shall contract for all be attached to such meter) as part 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 as of the Commencement Date, the cost of such Services shall be an Operating Expense Base Project Specifications and Tenant shall pay for the consumption of such electricity and natural gas based upon its metered usage. In addition, Tenant shall pay all utility charges billed to Landlord and allocated to the Land and/or Building under the Declaration at Landlord’s actual cost, subject to all applicable discounts, and with no service fee, markup or other sum payable to Landlord on account of such charges in excess of the amounts billed to Landlord by the applicable utility provider or ECCA, plus amounts properly charged by ECCA as part of its management fee pursuant to the terms of the Declaration. Landlord shall use commercially reasonable efforts to have ECCA select utility providers providing services at competitive market rates. Tenant shall pay all bills for utility usage within thirty (30) days after receipt thereof. Notwithstanding the foregoing, Landlord shall have the right to retain any savings actually realized from any solar electric or other alternative energy system serving the Leased Property installed solely at Landlord’s cost (and without reimbursement from or cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following for electricity generated by such forty-eight (48) hour period until system; provided that the electric charges to Tenant for its electricity at the Leased Property do not exceed what the utility company would otherwise have charged Tenant directly for such Services are restoredelectricity.

Utilities. Landlord a. From and after the Ready for Occupancy Date and at all times during the Initial Lease Term and any renewal, Tenant covenants and agrees to providepay, prior to delinquency, the costs and charges for all utilities, including but not limited to gas, propane, electricity, water, sewer, telephone and trash service used and consumed by Tenant, its employees, agents, servants, customers and other invitees in the Building and Property, and to the 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 costoption, pay the same for and on Tenant’s account, in which event Tenant shall promptly reimburse Landlord therefore, together with interest at one percent (1%) per month from the date of expenditure until paid. Landlord shall have no liability for interruption of any utility service, and Tenant may not ▇▇▇▇▇ rent, unless due to Landlord’s gross negligence or willful misconduct, but Landlord shall in any event diligently proceed to have such utility service promptly restored. b. Landlord, at Landlord’s expense, shall furnish to the Building and Property the necessary stubs (fully usable and ready for attachment to the service to the Building and Property) all utilities including water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for watersewer, gas, lighttelephone, heatand electricity. Landlord shall also, powerat Landlord’s expense, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed install meters (if meters are not already on the Premises (collectively the "Services"Building and Property) to separately measure Tenant’s consumption of water, and all taxes, levies, fees or surcharges thereforelectrical and gas energy. Tenant shall arrange for Services 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 supplied to replaced or repaired, and collect the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Datecost thereof from Tenant as Additional Rent. The Commencement Date shall not be delayed by reason of If any failure by Tenant to so contract for Services. In the event that any of the Services utility cannot be separately billed metered or metered separately determined, Tenant agrees to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services pay its Pro Rata Share thereof which shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoreda flow meter to be installed by Landlord.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during be exclusively responsible for the Lease Term and prior to delinquency payment of all charges for waterutilities including, gas, light, heat, powerbut not limited to, electricity, telephone water and gas. The Tenant shall establish accounts for all said utilities in the Tenant's own name and shall be solely responsible for the payment of all costs, bills and fees associated with said accounts MAINTENANCE and REPAIRS. Tenant will be exclusively responsible for maintenance of the premises in a good, clean and presentable condition. After the first year of the lease the Tenant shall be responsible for all repairs to of any equipment associated with this lease which repairs shall be performed by a professional person approved by the Landlord. The Tenant shall not place, nor allow to be placed or other communication serviceaffixed, janitorial serviceany signs or objects of any kind whatsoever upon, trash pick-upin or about said premises or any part thereof, sewer without same being approved in writing by the Landlord and all other services supplied to no holes, screws or consumed nails shall be placed on or in the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforMCU. Tenant shall arrange for Services not paint any property or structure subject to be supplied this lease agreement except as directed or authorized by the Landlord. The Tenant shall deliver the leased premises and other items subject to the Premises lease in as good a condition and state of repair as they were in at the time the Landlord delivered possession to the Tenant, reasonable wear and tear excepted. Tenant shall remove all food items and clean all equipment at the end of each season. The Tenant shall have all hoods professionally cleaned so to meet fire code inspection and shall contract submit proof of such cleaning to the Borough Clerk accordingly. Tenant shall have the grease trap serviced and cleaned monthly during use and shall submit proof of same to the Borough Clerk. Tenant shall dispose of all waste, including fry oil, in accordance with State law. The Tenant shall have the fire suppression system tested and certified prior to opening in each subsequent year of this lease. Tenant shall have the mobile concession unit inspected by the Board of Health annually prior to opening for all any season. Failure to maintain the property in good, clean and presentable condition, in the exclusive judgment of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not Landlord, may be delayed by reason of any failure by Tenant to so contract for Services. In the event that any deemed a breach of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredlease contract.

Utilities. Landlord agrees A. Tenant shall be responsible for coordinating and paying for its utilities directly with and to provideutility providers. Where possible, at its cost, water, electricity utilities shall be separately metered and telephone service connections into the Premises; but Tenant shall pay during such charges directly to the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone respective utility company or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed agency. B. CITY has provided some utility infrastructure on the Premises (collectively the "Services") Airport property and all taxes, levies, fees or surcharges thereforTenant has familiarized itself with such infrastructure and determined what else Tenant must install to meet ▇▇▇▇▇▇’s needs. Tenant shall arrange be responsible for Services to be supplied the construction and expense of all utility improvements and connections on and to the Premises and shall contract for all of except those that already exist on 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 Serviceseffective date. In the event that any installation of a fire hydrant is necessary in order for Tenant to have sufficient fire protection service to the contemplated Tenant Improvements, Tenant shall be responsible for the installation of the Services cannot be separately billed 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 metered 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 existing utility easements over, under or across the Premises, or if any of and to grant necessary utility easements, provided that in the Services are not separately metered as of the Commencement Date, the cost exercise of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes rights causes no interference with Tenant's use of the Premises (except reasonable temporary interference occasioned by installation of facilities associated with such easements, and CITY shall repair any 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 Premises 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, except in the event of an emergency, CITY shall provide to Tenant reasonable notice of proposed changes and copies of any written plans, shall reasonably determined by Landlord coordinate with Tenant, and shall use best efforts to be the least intrusive to Tenant) following such forty-eight (48) hour period until such Services are restored’s operations as commercially practicable.

Utilities. Landlord agrees to provide(a) Commencing on the Commencement Date, at its costand continuing throughout the Term, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for waterutility services as follows without setoff, gasdeduction, lightor counterclaim, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises except as set forth in this Lease: (collectively the "Services"i) and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied pay directly to the Premises and shall contract applicable utility service provider 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 utilities that any of the Services cannot be are separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and ; (ii) Tenant shall pay Landlord as Additional Rent for any utilities that are separately submetered to the Premises based upon Tenant’s actual submetered usage, as well as for any maintenance and replacement costs associated with such cost to submeters; and (iii) Tenant shall pay Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's its proportionate share of actual consumption charges invoiced by any utilities for service to the Premises that are not separately metered or submetered, based upon its share of the area served by the applicable meter or submeter (a fraction, the numerator of which is 15,602 as of the Execution Date, being the area of the Premises, and the denominator of which being the rentable square feet of the other premises sharing such Services submetered space). Commencing on the Commencement Date, and continuing throughout the Term, Tenant shall be pay for utility services as follows without setoff, deduction, or counterclaim, except as set forth in this Lease, Tenant shall pay Landlord, as Additional Rent, Tenant’s Project Share of all utilities serving the percentage obtained Common Areas of the Project, excluding the costs of utilities that are directly metered or submetered to Building tenants or paid separately by dividing such tenants (“Project Utility Costs”). As of the gross leasable square footage contained Execution Date, 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 per clause (iii) of Section 6(a). • Water/Sewer for the Premises is paid per proportionate share per clause (iii) of Section 6(a). 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 (solely to the extent of savings) shall be included in Project Expenses; provided, the exercise of such right of entry is subject to the Landlord Right of Entry Conditions (as defined in Section 25(t)). For those utilities set forth in clauses (ii) and (iii) above, Landlord shall have the right to estimate the utility charge, which estimated amount shall be payable to Landlord within 20 days of receipt of an invoice therefor (together with reasonable supporting documentation) 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. If the amount actually paid by Tenant for the total gross leasable square footage located same exceeds the amount due per the annual reconciliation, Tenant shall receive a credit in all buildings utilizing such Servicesan amount equal to the overpayment, which credit shall be applied towards next Rent due until fully credited. The lack or shortage cost of any Services due utilities payable by Tenant under this Section shall include all taxes assessed on such consumption and Landlord’s then-current charges for reading the applicable meters, provided Landlord shall have the right to any cause whatsoever shall not affect any obligation of Tenant hereunderengage a third party to read the submeters, and Tenant shall faithfully keep and observe all reimburse Landlord for both the termsutilities consumed as evidenced by the meters plus such costs for reading the meters within 20 days of receipt of an invoice therefor. Tenant shall pay the rates as invoiced by the third-party providers, conditions and covenants of this Lease and without mark-▇▇ by Landlord. If Tenant fails to pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to timely any direct-metered utility charges from the contrary notwithstandingapplicable utility provider, Landlord agrees shall have the right but not the obligation to pay such charges on Tenant’s behalf and bill ▇▇▇ant for such costs plus the Administrative Fee (as defined in Section 17), which amount shall be payable to Landlord as Additional Rent within 20 days of receipt of an invoice therefor (together with reasonable supporting documentation). (b) For any separately metered utilities, Landlord is hereby authorized to request and obtain, 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 Building. Landlord shall have the right to shut down the Building systems, including electricity and HVAC (as defined in Section 6(c)) systems, for required maintenance and safety inspections, and in cases of emergency. Landlord shall not be liable for any interruption in providing any utility that if Services are curtailed Landlord is obligated to provide under this Lease, unless such interruption or suspended to delay: (i) renders the Premises as or any material portion thereof untenantable for Tenant’s normal course business operations at the Premises, and Tenant has ceased using such untenantable portion, (each, a result “Premises Business Interruption”), provided Tenant shall first endeavor to use any generator that serves the Premises or of which Tenant has the acts or negligence or willful misconduct beneficial use; (ii) results from the occurrence of a Landlord Default Event; and (iii) extends for a period of forty-eight (48) longer than 7 consecutive hours during the Lease Termdays, then in which case, Tenant's ’s obligation to pay Rent payable hereunder shall be equitably abated with respect to the extent untenantable portion of the Premises that Tenant has ceased using for the period beginning on the 8th consecutive day after such curtailment conditions are met and ending on the earlier of: (A) the date Tenant recommences using the Premises or suspension the applicable portion thereof for the normal course of Services interferes with business operations at the Premises; or (B) the date on which the applicable service(s) is/are restored. In each instance, however, Landlord shall exercise reasonable diligence to promptly eliminate the cause of interruption and to effect restoration of service, and shall give Tenant reasonable notice, when practicable, of the commencement and anticipated duration of such interruption. Except as set forth in Section 14 and Section 15 below, the remedies set forth in this Section 6(b) shall be Tenant's ’s sole remedies in the event of a Premises Business 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, Project and/or the Premises, the terms of Sections 14 and 15, respectively, shall control over the provisions of this Section. (c) Landlord represents the use of the Premises for the Permitted Use (as defined in Section 8(a)) as improved by the Leasehold Improvements set forth in the Plans (as defined on Exhibit C), will not exceed the design specifications for the heating, ventilation, and air conditioning (“HVAC”) system serving the Premises. If Landlord reasonably determined determines that: (i) Tenant’s use of the Premises otherwise exceeds the design specifications for the HVAC system serving the Premises following the completion of the Leasehold Improvements, introduces into the Premises equipment that overloads such system, or causes such system to not adequately perform its proper functions; or (ii) the heavy concentration of personnel, motors, machines, or equipment used in the Premises, including telephone and computer equipment, or any other condition in the Premises caused 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 to install one or more supplemental air conditioning units in the Premises with the cost thereof, including the cost of installation, operation and maintenance, being payable by Tenant to 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 be provided by Landlord (including a system for Landlord’s engineer reasonably to estimate any such excess usage). If such system indicates such excess services or utilities, Tenant shall pay Landlord’s reasonable charges for installing and operating such system and any supplementary air conditioning, ventilation, heat, electrical, or other systems or equipment (or adjustments or modifications to the existing Building systems and equipment), and Landlord’s reasonable charges for such amount of excess services or utilities used by Tenant. All supplemental HVAC systems and equipment serving the Premises shall 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 keep cool any of Tenant’s information technology equipment(“IT Equipment”) following that is placed together in one room, on a rack, or in any similar manner, and Tenant waives any claim against Landlord in connection with Tenant’s IT Equipment other than any claim arising by reason of the occurrence of a Landlord Default Event. Landlord shall have the option to require that the computer room and/or information technology closet in the Premises shall be separately submetered at Tenant’s expense, and Tenant shall pay Landlord for all electricity registered in such forty-eight (48) hour period until such Services are restoredsubmeter. 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.

Utilities. (a) tenant shall pay for the use of all electrical, gas and other utility service to the Leased Premises. Provided that Landlord can make arrangements satisfactory to Landlord and Tenant with the utility companies, Tenant shall be billed directly by each such utility and Tenant agrees to provide, at pay each such ▇▇▇▇ promptly in accordance with its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall 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 Servicesterms. In the event that for any of reason Tenant cannot be billed directly, Landlord shall forward each ▇▇▇▇ with respect to the Services Leased Premises to Tenant and Tenant shall pay it promptly in accordance with its terms. Notwithstanding anything contained herein to the contrary, if Tenant cannot be separately billed or metered for any reason, Tenant shall pay Landlord as Additional Rent and in monthly installments at the time prescribed for monthly installments of Base Rent, an annual amount, as estimated by Landlord from time to time, which Tenant would pay for such utility service if the same were separately metered to the Premises, or if any of Leased Premises by the Services are not separately metered as of the Commencement Date, the local utility company and billed to Tenant at such company's current rates (including applicable taxes). The cost of such Services any utility service supplied to the Project or Common Areas by Landlord shall be an included in Operating Expense and Costs. (b) Tenant shall not waste or permit the wasting of water nor shall Tenant use water for purposes other than drinking, lavatory or toilet purposes through fixtures installed by Landlord or by Tenant, with Landlord's consent. Tenant shall pay such cost to Landlord, Landlord for domestic water and hot water furnished or used for any other purpose as Additional Rent, as provided at rates charged by the utility provider plus any applicable taxes and resellers' charges, and, in Paragraph 12 belowconnection therewith, except that Landlord may require tenant at Tenant's proportionate share cost 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, 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 Services shall be failure or delay is occasioned, in whole or in part, by repairs, renewals or 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 percentage obtained Building or Project after reasonable effort so to do, by dividing the gross leasable square footage contained in the Premises any accident or casualty whatsoever, by the total gross leasable square footage located in all buildings utilizing such Services. The lack act or shortage default of any Services due to Tenant or other parties, or by any cause whatsoever beyond the reasonable control of Landlord; and such failures or delays shall not affect never be deemed to constitute an eviction or disturbance of the Tenant's use and possession of the Leased Premises or relieve the Tenant from paying rent or performing any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of its obligations under this Lease and pay all Rentals due hereunder, all without diminution, credit or deductionLease. The immediately preceding sentence Notwithstanding anything to the contrary notwithstandingcontained in this Lease, Landlord agrees that if Services are curtailed or suspended any utility to the Leased Premises as a result of the acts or negligence or willful misconduct of Landlord is materially interrupted for a period of forty-eight longer than five (485) consecutive hours during the Lease Termdays, then and such material interruption is not caused by Tenant's failure to pay for the utility, the Base Rent payable hereunder and Additional Rent shall thereafter be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredmaterial interruption ends.

Utilities. Landlord All charges for utilities services will be paid promptly by Tenant when due. 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 providepay for gas, at its costelectricity, water, electricity trash removal services and telephone service connections into common utilities, including furniture removal connected to the Premises; but Tenant shall pay during premises, in addition to and in the Lease Term and prior to delinquency all charges same manner as rent, by paying for water, either the Tenant’s prorata share and/or fixed utility expense of the cost of gas, light, heat, power, electricity, telephone or other communication service, janitorial servicewater, trash pick-up, sewer removal and common utilities paid by the Lessor during the previous month for the entire complex. (Tenants are also responsible for paying any and all other services supplied to utility overages such as water or consumed on additional trash expenses (i.e. Six Day Review as mandated by the Premises City of Boulder (collectively the "Services") and all taxes, levies, fees or surcharges thereforSee “Note” Below For Details). Tenant shall arrange for Services will pay the prorata share equal 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 Services100% (unless indicated below) or fixed utility expense each month. In the event that any of the Services utility companies increase their utility rates more than 10% anytime throughout the year, Lessor reserves the right to adjust the fixed utility expense up, in order to cover the increase. If this should occur, BPM will notify its Tenant(s) in writing. Lessor will ▇▇▇▇ the utility expenses to the Tenant along with the monthly rent statement until the expiration of the lease. These utilities cannot be separately billed disconnected until the move-out date, or metered the Tenant will be charged a $75.00 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 Premises, or if any company providing said services. If you receive a “high usage” water ▇▇▇▇ it is the responsibility of the Services are not separately metered as of 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 Commencement Date, the cost of such Services shall be an Operating Expense month it is posted to your account. The Tenant is required to call Xcel and Tenant shall pay such cost to Landlord, as Additional Rent, as provided place their utilities in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises their names by the total gross leasable square footage located in all buildings utilizing such Servicesfirst day of their lease. The lack or shortage of any Services due to any 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 This service must be set up prior to the contrary notwithstandingtenants move-in date, Landlord agrees that if Services are curtailed or suspended to begin service on the move-in date. If tenant fails to place utilities in their names a $75.00 per month fee will be in addition to the Premises as a result of actual utility charges until the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during tenants place the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.utilities in their names

Utilities. Landlord agrees The Lessee shall pay when due all charges for utility services provided to providethe demised premises including, at its costwithout limitation, electricity, gas, water, electricity sewer, telephone, and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior cost of fuel to delinquency all charges for water, gas, light, heat, power, electricity, telephone heat or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforair condition said demised premises. Tenant shall 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 If any of the Services canutilities consumed by the demised premises are not be metered separately billed or metered to from that consumed by the Premisesremainder of the Building, or if any portion thereof, then the Lessee shall pay to Lessor, upon being billed therefor by Lessor, Lessee's Pro-Rata Share of the aforesaid. The aforementioned share is based on the assumption that utilities serving the demised premises will be used only for ordinary office use. If any of the Services utilities consumed in the demised premises are for other purposes or in excessive quantities or if Lessee's heating and/or cooling requirements are materially greater than that of other tenants or prospective tenants, then Lessee shall pay to Lessor, on demand from time to time, charges for said additional utility use, as reasonably estimated by lessor. If not separately metered as of installed at the Commencement Date, Lessor reserves the right to install separate utility meters to measure utility consumption in the demised premises. The cost of such meters and the cost of such Services installation, repair, maintenance and replacement of all meters serving the demised premises shall be an Operating Expense borne by Lessee. Lessee shall not overload the electrical wiring or electrical panels within or serving the demised premises and Tenant will install at its own expense, but only after obtaining Lessor's prior written approval, any additional electrical wiring or panels which may be required in connection with Lessee's Apparatus. Except for Lessor's negligence, the Lessor shall pay not be liable for any interruption of electricity, gas, water, telephone, sewage and/or septic system or other utility service supplied to the demised premises and Lessor reserves the right to stop any service or utility to the demised premises, when in Lessor's judgement it is deemed necessary by reason of accident, emergency, repair work, or otherwise. No such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share interruption or stoppage of such Services utility service 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 deemed to any 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 contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result be an eviction of the acts Lessee or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use relieve Lessee from any of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLessee's obligations under this Lease.

Utilities. Landlord Licensor shall furnish Licensee during Licensee’s occupancy of the Temporary Premises the following services: (i) cleaning and janitorial services; (ii) domestic water at those points of supply provided for general office use of tenants in the Tempe Gateway Building; (iii) electricity for normal, Building Standard office uses; (iv) elevator service at the times and frequency reasonably required for normal business use of the Temporary Premises; (v) lamp and ballast replacement for Building Standard light fixtures; (vi) HVAC service between 7:00 o’clock a.m. and 6:00 o’clock p.m. on Monday through Friday and 8:00 o’clock a.m. and 12:00 o’clock p.m. on Saturday (“Building Standard Hours”), except on New Year’s Day, Memorial Day, July 4, Labor Day, Thanksgiving Day, Christmas Day and other holidays observed by a majority of the tenants of the Building (“Holidays”). If any Holiday falls on a weekend, the Building may observe the Holiday on the preceding Friday or the succeeding Monday. Licensee may periodically request, and Licensor shall furnish HVAC service on days and at times other than those referred to above, provided Licensee requests such service in accordance with the Project Rules then in effect, and agrees to providereimburse Licensor for this service at the then existing rate being charged in the Building. If Licensee utilizes services provided by Licensor hereunder in either quantity and/or quality exceeding the quantity and/or quality customarily utilized by normal office uses of comparable premises in the Building, at its costthen Licensor may monitor Licensee’s use of such services, water, electricity and telephone service connections into the Premisescharge Licensee a reasonable amount for such excess usage; but Tenant such amount shall pay during the Lease Term and prior to delinquency all charges constitute additional rent due hereunder within fifteen (15) days of Licensee’s receipt of Licensor’s statement for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforsuch excess. Tenant shall 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 Licensor shall not be delayed by reason liable for any damages directly or indirectly resulting from the installation, use or interruption of use of any failure by Tenant to so contract for Services. In the event that equipment in connection with furnishing any of the Services cannot be separately billed or metered to the Premisesforegoing services, or if failure to furnish or delay in furnishing any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay service except when such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained failure or delay is caused 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLicensor.

Utilities. Landlord agrees to providea. Sublessee shall pay for all utility service at the Subleased Premises including, at its costwithout limitation, any utility service for electricity, gas, water, electricity sewer, or telephone. b. To the maximum extent permitted under applicable law, Sublessee shall not have any right to recover damages from Sublessor or the Lessor, and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall 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 Sublessee shall not be delayed by reason entitled to any abatement or reduction of rent or other relief, on account of any failure by Tenant interruption or discontinuance or inadequacy of any utility service to so contract or at the Subleased Premises for Servicesany reason whatsoever. In the event that any Sublessee requires additional utility service at the Subleased Premises during the term of the Services canLease, the installation and maintenance thereof shall be Sublessee's sole obligation and at Sublessee's sole cost and expense; provided that no such utility service may be installed at the Subleased Premises unless Sublessee shall in each instance have first obtained the prior written consent of the Sublessor and of the Lessor. Sublessor agrees that it shall not unreasonably withhold its consent to the installation by Sublessee at the Subleased Premises and at Sublessee's expense of additional utility service; provided that Sublessor shall not be separately billed responsible for any failure (whether or metered to the Premises, or if any not reasonable) of the Services are Lessor to consent to any such installation of utility service proposed by Sublessee. Without limiting the right of Sublessor to withhold consent when it is reasonable to do so, Sublessor and Sublessee agree that it shall not separately metered as be deemed to be unreasonable for Sublessor to withhold its consent to any such installation of utility service at the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained Subleased Premises proposed by dividing the gross leasable square footage contained Sublessee in the Premises by event that the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due Lessor does not consent to any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredsame.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall be solely responsible for and promptly pay during the Lease Term and prior to delinquency all charges for heat, water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-upelectric, sewer service and all any other services supplied to utility service used or consumed on the Premises (collectively the "Services") and Leased Premises. Should Landlord elect to supply all taxes, levies, fees or surcharges therefor. Tenant shall 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 utility services to be separately billed used or metered to consumed on the Leased Premises, or if any Tenant shall, within twenty (20) days after receipt of presentation of the Services are not separately metered as of the Commencement Datestatement for such utility service, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rentadditional rent under the terms hereof, as provided the amount of said statement if it represents utility service furnished to the Leased Premises only or its prorata share of said statement if it includes utility service to an area greater than the Leased Premises. Said proration of utilities shall be reviewed by Landlord and Tenant at the end of the first year of occupancy, at which time Landlord shall determine if the present percentage of said total utilities is equitable in Paragraph 12 belowrelation to the use of total services by all the Tenants and will be adjusted reasonably by Landlord, if necessary. The Tenant shall forthwith upon taking occupancy of the Leased Premises make arrangements with the Public Service Company, U.S. West or other appropriate utility company to pay the utilities used on the Leased Premises and to have the same billed to the Tenant at the address designated by the Tenant. Should there be a time where the Landlord remains responsible for utilities supplied to the Leased Premises, the Landlord shall bill ▇▇▇ Tenant therefore and the Tenant shall promptly reimburse the Landlord therefore. In no event shall Landlord be liable for any interruption or failure in the supply of any such utility to the Leased Premises, except that Tenant's proportionate share of such Services shall be to the percentage obtained by dividing the gross leasable square footage contained in the Premises extent caused by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any 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 contrary notwithstanding, 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 Landlord, its agents, employees, contractors or invitees. Notwithstanding anything to the contrary contained in this Lease, if the Leased Premises should become not reasonably suitable for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall use as a consequence of fire, casualty, exercise of eminent domain, cessation of utilities or other services required to be equitably abated provided to the extent Leased Premises by Landlord, interference with access to the Leased Premises, legal restrictions or the presence of any Hazardous Material which does not result from the Tenant's use, storage or disposal of such curtailment Hazardous Material in or suspension about the Leased Premises in violation of Services interferes Hazardous Materials Laws, and in any of the foregoing cases the interference with Tenant's use of the Leased Premises persists for seven (as reasonably determined 7) consecutive calendar days, then Tenant shall be entitled to an equitable abatement of rent to the extent of the interference with Tenant's use of the Leased Premises occasioned thereby. If the interference persists for more than thirty (30) consecutive calendar days, Tenant shall have the right to terminate this Lease. In the event the utility company supplying water and/or sewer to the Leased Premises determines that an additional service fee, impact fee, and/or assessment, or any other type of payment or penalty is necessary due to Tenant's use and occupancy of the Building, nature of operation and/or consumption of utilities, said expense shall be borne solely by Landlord the Tenant. Said expense shall be paid promptly and Tenant) following such forty-eight (48) hour period until such Services are restoredany repairs requested by the utility company shall be performed by Tenant promptly [omitted because stricken by parties] and without any delay.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed Commencing on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall 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 as earlier of the Commencement DateDate or the date Landlord delivers possession of the Premises to Tenant, the cost of such Services shall be an Operating Expense and Tenant shall also pay such cost to Landlordwhen due, without demand, offset or deduction, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours additional rent during the Lease Term, then Tenant's Rent payable hereunder all charges for utilities furnished to or for the use or benefit of Tenant or the Premises. Consumption charges for all utilities for the Premises that have been separately metered by Landlord or the utility provider shall be paid by Tenant directly to the utility provider when due. Consumption charges for any utilities not separately metered to a particular tenant in the Building shall be included within the definition of Operating Expenses and recoverable by Landlord as provided in Section 7 above; provided, however, that (i) if Tenant and one or more (but less than all) other tenants of the Project share a utility meter, then Tenant shall pay Landlord monthly one-twelfth (1/12) of Tenant’s annual estimated pro-rata share of consumption charges for such shared utility service as equitably abated determined by Landlord, and (ii) to the extent such curtailment or suspension Tenant uses a disproportionate amount of Services interferes with Tenant's use of the Premises (water and sewer service as reasonably determined by Landlord, Landlord shall have the right to submeter Tenant’s usage of water and sewer service and collect from Tenant monthly, in advance, one-twelfth (1/12th) of the annual estimated consumption charges for such services, which amounts shall be reconciled annually together with Landlord’s reconciliation of Operating Expenses. Except to the extent of Landlord’s negligence (unless waived pursuant to Section 15.C. herein), Landlord shall not be liable for damages or otherwise, and Tenant shall have no right of demand, offset, abatement or deduction, if any utility provider’s service to the Premises is interrupted or impaired by weather, fire, accident, riot, strike, act of God, the making of necessary repairs or improvements, or any other causes beyond the reasonable control of Landlord. If any public authorities require a reduction in energy consumption in the use or operation of the Building or Project, Tenant agrees to conform to such requirements. Except as otherwise provided herein, Landlord shall not be liable for damages or otherwise, and Tenant shall have no right of demand, offset, abatement or deduction, if any utility provider’s service to the Premises is interrupted or impaired by weather, fire, accident, riot, strike, act of God, the making of necessary repairs or improvements, or any other causes beyond the reasonable control of Landlord. Notwithstanding the foregoing, in the event (i) either (x) such interruption or impairment of service is caused by the negligence of Landlord or its contractors, agents or employees or (y) such interruption or impairment is not caused by Tenant’s acts or omissions and Landlord fails to take all commercially reasonable steps to restore such service as soon as reasonably possible, (ii) the interruption or impairment of service continues for a period of three (3) consecutive business days, and (iii) as a result of such interruption or impairment of service the Premises are rendered untenantable, then in such case the payment of Rent shall equitably ▇▇▇▇▇ in proportion to the area of the Premises rendered untenantable by such disrupted utility beginning on the fourth (4th) day and such abatement shall continue until such service is restored to the Premises, provided, however, (a) in no event shall the abatement exceed the actual amount of insurance proceeds recovered by Landlord under its rent loss insurance for the Project, (b) a condition precedent to Tenant’s right of abatement is that Tenant shall cooperate with Landlord and Tenantprovide such information or certifications reasonably required in order to submit a claim for such rent loss insurance, and (c) following such forty-eight (48) hour period until such Services are restoredthe abatement shall only apply to the extent the type of utility interrupted is either gas, electric, water or sewer.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but (a) Tenant shall pay during the Lease Term and prior to delinquency all charges for water, sewer, gas, lightelectricity, heat, power, electricity, telephone or and other communication service, janitorial service, trash pick-up, sewer services and all any other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be utilities supplied to the Premises. Landlord shall cause the Premises and shall contract to be separately metered for all of the Services in Tenant's name prior to electricity on or before the Commencement Date. The Commencement Date Except for any utilities that are not separately metered (for which Landlord shall not be delayed by reason of any failure by invoice Tenant for the cost or include the cost in Operating Expenses), Tenant shall obtain utility service in its own name and timely pay all charges directly to so contract for Servicesthe provider. 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. Landlord shall have the exclusive right to select, and to change, the companies providing such services to the Building or Premises so long as such companies charge competitive, market rates. Any wiring, cabling or other equipment necessary to connect Tenant’s telecommunications equipment shall be Tenant’s responsibility, and shall be installed in a manner reasonably approved by Landlord. In the event Tenant’s consumption of any utility or other service included in Operating Expenses is excessive when compared with other occupants of the Services cannot be Property, Landlord may invoice Tenant separately billed or metered to the Premisesfor, or if any of the Services are not separately metered as of the Commencement Dateand Tenant shall pay on demand, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to LandlordTenant’s excessive consumption, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be reasonably determined by Landlord. Landlord agrees to apply a similar standard to the percentage obtained by dividing the gross leasable square footage contained other tenants in the Premises by the total gross leasable square footage located in all buildings utilizing such ServicesBuilding whose electricity use is not metered. The lack or shortage of If any Services due to any 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 contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended utility service to the Premises as a result of is interrupted due to the acts or negligence or willful misconduct of Landlord or its Agents or Landlord’s failure to comply with its obligations under this Lease (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 fortyfour (4) or more consecutive business days after written notice thereof from Tenant to Landlord (“Interruption Notice”), then, provided that Tenant has actually ceased all of its operations in the Affected Space for the conduct of its business, all Rent shall ▇▇▇▇▇ in the proportion that the rentable square footage of the Affected Space actually vacated and untenantable by Tenant bears to the rentable square footage of the Premises, which abatement shall commence on the fifth (5th) business day following Landlord’s receipt of the Interruption Notice and expire on the earlier of Tenant’s re-eight (48) consecutive hours during commencement of operations in the Lease TermAffected Space or the date that the Service Interruption is remedied. Notwithstanding the foregoing, then Tenant's Rent payable hereunder Tenant shall not be equitably abated entitled to abatement or any other remedy to the extent that the Service Interruption is caused in whole or in part by the negligence or willful misconduct of Tenant or Tenant’s Agents or Tenant’s failure to comply with its obligations under this Lease. Tenant agrees that the rental abatement described herein shall be Tenant’s sole remedy in the event of a Service Interruption that is not covered under any casualty or condemnation provisions of this Lease, and Tenant hereby waives any other rights against Landlord in connection therewith. In the event that the Service Interruption shall continue for a period in excess of sixty (60) consecutive days, such curtailment or suspension of Services interferes with Tenant's use Service Interruption shall be treated as a casualty as of the Premises sixty-first (61st) day, in which event the provisions of Section 15 below shall apply. (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 ▇▇▇▇ Tenant the estimated amount therefor. All such estimated amounts shall be paid together with Monthly Rent. Landlord shall deliver to Tenant at least semi-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 reasonably determined may be applicable). If any reconciliation of utilities reveals that any additional payments are due, Tenant shall pay such deficiency to Landlord within thirty (30) days after invoice therefor accompanied by such reconciliation documentation. If the reconciliation reveals that Tenant has overpaid utilities for such period, Landlord shall credit such overpayment against Rent hereunder, or if the Term has expired, pay such amount to Tenant within thirty (30) days following such reconciliation. Landlord’s and Tenant) following such forty-eight (48) hour period until such Services are restored’s obligation to pay any overpayment or deficiency due the other pursuant to this Section shall survive the expiration or termination of this Lease.

Utilities. Landlord agrees to provideLessee shall pay the cost of all utilities and public services including but not limited to, at its costgas, water, electricity electric, sanitary sewer, surface water removal, tree trimming, snow removal, lawn and telephone service connections into garden maintenance and upkeep. OPTION TO PURCHASE Provided that the Premises; but Tenant shall pay during the Lease Term is not in default and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises upon not less than one hundred twenty (collectively the "Services"120) and all taxes, levies, fees or surcharges therefor. Tenant shall 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 days written notice by Tenant to Lessor given prior to expiration of the initial term off this lease of Tenant's intent to exercise said option, Lessor hereby grants to Tenant an option to purchase the Demised Premises on expiration of such initial term. The purchase price for the Demised Premises (the "Purchase Price") will be determined by appraisal of the fair premises as or option exercise, as follows. The Demised Premases will be appraised by an appraiser designated by Lessor, an appraiser designated by Tenant, and an appraiser mutually designated by the parties, or failing that, designated by the ▇▇▇▇▇▇ County District Court upon application of either party. All appraisers will be MAI appraisers having at least five (5) years experience in the appraisal of commercial properties in the Twin Cities metropolitan area. The appraisers will be directed to submit their appraisals in writing to the parties thirty (30) days prior to expiration of the initial term of this lease. The Purchase Price will be the average of the two closest appraisals. The Purchase Prices will be the average of two appraisals if the third appraisal is not received within fifteen days after receipt of the first two appraisals. Each party will pay for the appraisal of the appraiser designated by such party, and the parties will bear equally the cost of the third appraisal. Lessor will, within thirty (30) days after option exercise, furnish a complete abstract of title for the Demised Premises certified to date to include propler searches covering bankruptcies, and state and federal judgments and liens and levied and pending special assessments. The Tenant will be allowed thirty (30) days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so contract made Lessor will be allowed sixty (60) days to make such title marketable. If said title is not marketable and is not made so within sixty (60) days from the date of written objections as above provided, Tenant's option exercises will be null and void, at, Option of the Tenant, and neither party will be liable for Servicesdamages hereunder to the other party. If the title to the Demised Premises is found marketable or is so made within said time, and Tenant defaults in payment of the Purchase Price as provided hereunder, then Lessor may terminate the sale of the Demised Premises, time being of the essence hereof. This provision will not deprive either party of the right of enforcing the specific performance of the sale of the Demised Premises provided such sale is not terminated as aforesaid, and provided action to enforce such specific performance is commenced within six (6) months after such right of action arises, nor will it deprive either party of the right of enforcing a claim for money damages resulting from the other party's default hereunder. Closing will be held at Tenant's offices or other mutually agreed upon location on the expiration date of the initial term of this lease or, if later, fifteen (15) days after receipt by the parties of the second appraisal submitted hereunder. At the closing, the Purchase Price will be paid in immediately available funds by wire transfer, and Lessor will execute and deliver an affidavit, in the customary form, relative to 10 judgments, federal tax liens, mechanic's liens, bankruptcy and outstanding interests in the Demised Premises and a warranty deed conveying marketable title to the Demised Premises subject only to the following exceptions: Building and zoning laws, ordinances, State and Federal regulations; Reservation of any minerals or mineral rights to the State of Minnesota; and Utility, drainage and flowage easements and road right of way of record. Lessor will pay for any real estate transfer tax and the cost of recording any documents necessary to establish marketable and record title in Lessor. Lessor will execute any further instruments, documents or agreement reasonably necessary to effectuate the sale contemplated hereunder. In the event that any closing is delayed beyond the expiration of the Services cannot be separately billed or metered to initial term of this lease, this lease will continue until closing, provided that no rent will accrue after the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost first two months of such Services shall be an Operating Expense and Tenant shall pay hold over period if such cost delay results from objections to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share title timely made or other reasons within the control of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLessor.

Utilities. Landlord agrees to provide(a) Tenant shall furnish and pay for, at its costsole cost and expense, all utilities supplied to the Demised Premises (with the exception of water) by any utility company, electricity and telephone service connections into the Premises; whether public or private, including but Tenant shall pay during the Lease Term and prior not limited to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer fuel oil and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall 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 Servicestelephone. In the event that any of Tenant fails to do so, Tenant shall reimburse Landlord for the Services cannot be separately billed or metered utility charges actually incurred by Landlord in providing service to the PremisesDemised Premises prior to the date the accounts have been transferred, without markup or if any administrative fee. Such sums shall be paid by Tenant as additional rent, within thirty (30) days of Landlord's invoice therefor. (b) The parties hereby acknowledge and agree that the Services Demised Premises are not separately metered as of for water. In addition to the Commencement Dateadditional rent payable under Paragraph 47 below, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rentadditional rent, as provided in Paragraph 12 belowwithin thirty (30) days of Landlord's invoice therefor, except that Tenant's proportionate share Proportionate Share of such Services Landlord's actual cost, without markup or administrative fees, for water consumed at the Building and/or Real Property, and for sewer charges, if any, assessed or imposed against the Building and/or Real Property. Tenant shall not use water for other than normal lavatory purposes and other purposes incidental to Tenant's permitted use of the Demised Premises as set forth herein. (c) Notwithstanding the provisions of Paragraph 44(a) above, ifthere shall be a master, submetered oil tank servicing the percentage obtained by dividing Building or the gross leasable square footage contained Demised Premises, oil for heating purposes shall be provided from such master tank and metered in the Premises by the total gross leasable square footage located in all buildings utilizing such ServicesDemised Premises. The lack Tenant agrees to provide access to Landlord for meter reading purposes. Landlord will ▇▇▇▇ Tenant at regular published retail prices based on usage, without markup or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderadministrative fees, and Tenant shall faithfully keep and observe all have thirty (30) days to remit from the terms, conditions and covenants date of this Lease and pay all Rentals due hereunder, all without diminution, credit or deductionbilling. The immediately preceding sentence to the contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder Said amount shall be equitably abated deemed to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredbe additional rent.

Utilities. Landlord agrees COUNTY shall pay to provide, at its costthe CITY an amount of six hundred and fifty dollars ($650.00) per month for the furnishing of gas, water, sewer, electricity and telephone internet service connections into the Premises; but Tenant shall pay to said Leased Premises during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall 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 as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants Extended Term of this Lease and pay for the removal of garbage and rubbish from said Leased Premises during the Term or Extended Term of the Lease. COUNTY accepts said Leased Premises, as well as the improvements thereon and the facilities appurtenant thereto, in their present condition and stipulates with CITY that said Leased Premises as well as the improvements thereon and the facilities appurtenant thereto are in good, clean, safe, and tenantable condition as of the date of this lease. COUNTY further agrees with and represents to CITY that said Leased Premises have been inspected by COUNTY and that it has been assured by means independent of CITY or any agent of CITY of the truth of all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence facts material to the contrary notwithstanding, Landlord agrees this lease and that if Services said Leased Premises are curtailed or suspended to the Premises being leased by COUNTY as a result of its inspection and investigation and not as a result of any representations made by CITY or any agent of CITY. Any alteration of the acts or negligence or willful misconduct building by the COUNTY must be approved by the CITY Building and Planning Department and will be at the sole expense of Landlord the COUNTY. CITY, shall at its own cost and expense, maintain in good condition and repair the exterior roof, exterior walls, structural supports, foundation, major plumbing and electrical repairs including heating and air conditioning of the Leased premise. Major repairs is defined as those repairs which will incur a cost in excess of $2,000 per incident of repair of said Leased Premises. However, CITY shall not be liable for any damages to the property resulting from CITY'S failure to make any repairs required by this section unless written notice of the need for such repairs has been given to CITY by COUNTY and CITY has failed for a period of forty-eight thirty (4830) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use days after receipt of the notice, unless prevented by causes not the fault of CITY, to make the needed repairs; provided, further that CITY shall promptly be reimbursed by COUNTY for the full cost of any repairs made pursuant to this section required because of the negligence or other fault, other than normal and proper use, of COUNTY. If the COUNTY does not make the minor repair which then creates a large repair, COUNTY would be responsible for the cost of the entire repair. Except for the maintenance obligations expressly assumed by the CITY herein, COUNTY shall, at its own cost and expense, keep and maintain all portions of said Leased Premises as well as all improvements on said Leased Premises and all facilities appurtenant thereto including minor plumbing and electrical repairs including heating and air conditioning of $2,000 or less per incident of repair in good order and repair and in as safe and clean a condition as they were when received by COUNTY from CITY, reasonable wear and tear excepted. COUNTY shall, at its own cost and expense, repair and replace any glass in any window on said Leased Premises that becomes broken, regardless of cause, including window glass that is broken by fire, by act of God. Should COUNTY fail to repair or replace any glass broken, CITY may replace or repair the broken glass and COUNTY will promptly reimburse CITY for the cost thereof, including staff time. COUNTY shall not make or permit any other person to make any alterations to said Leased Premises (as reasonably determined by Landlord see page 1, Description of Leased Premises), or to any improvement thereon or facility appurtenant thereto without the written consent and Tenant) following such forty-eight (48) hour period until such Services are restoredapproval of CITY. COUNTY shall permit CITY or CITY'S agents, representatives, or employees to enter said Leased Premises at all reasonable times for the purpose of inspecting said Leased Premises to determine whether COUNTY is complying with the terms of this Lease.

Utilities. In addition to the payment of Tenant's Occupancy Costs and notwithstanding Sections 6.01 and 6.02, the Tenant shall be responsible for the cost of all utilities including electricity supplied to the Leased Premises. The Tenant shall not, without the prior written approval of the Landlord, which may be arbitrarily withheld, install or cause to be installed in the Leased Premises any equipment that will require additional utility usage in excess of that normally required for office premises. If with the Landlord's approval such additional equipment is installed, the Tenant shall be solely responsible for such excess utility usage. If utilities are supplied to the Tenant through a meter common to other tenants in the Project (there being no obligation on the Landlord agrees to provideinstall separate meters), the Landlord shall pay the cost of the utilities and will apportion the cost pro rata among the tenants supplied through the common meter, based on all relevant factors including, but not limited to, the hours of use, number and types of lights and electrical equipment and the proportion of each tenant's Rentable Area to the Rentable Area of all tenants to which the common meter relates. Upon receipt of the Landlord's statement of apportionment, the Tenant shall promptly reimburse the Landlord for all amounts apportioned to the Tenant by the Landlord provided that the Landlord may elect by notice to the Tenant to estimate the amount which will be apportioned to the Tenant and require the Tenant to pay that amount in monthly instalments in advance simultaneously with the Tenant's payments of Basic Rent. Notwithstanding the foregoing, and whether the Leased Premises are separately metered or not, the Landlord may purchase in bulk from the utility supplier the aggregate utility requirements of the Project at the applicable rates determined by a single meter on the Project and may, in billing the Tenant for its costshare of such utility, waterapply a scale of rates not greater than the current scale of rates at which the Tenant would from time to time be purchasing the whole of its utilities required and consumed in respect of the Leased Premises if the Tenant was purchasing directly from the utility supplier. The Tenant shall upon the Landlord's request install a separate utility meter or meters in the Leased Premises at the Tenant's expense. In addition to the payments to the Landlord required by this Article 7.00, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term all rates, charges, costs and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone expenses as may be assessed or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied levied by any supplier of utilities 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 as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises other than those supplied by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLandlord.

Utilities. Landlord agrees Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants of the Properties directly to providethe applicable utility company pursuant to such Tenants' Leases, at its costfor which no adjustment will be made) will be paid by the Seller to the utility company through the Closing Date. The Seller shall arrange for a final reading of all utility meters (covering gas, water, electricity steam and telephone service connections into electricity) as of the Premises; but Tenant Closing, 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 such utility company as of the Closing, the Seller shall pay during such ▇▇▇▇ on or before the Lease Term and prior to delinquency Closing. If such ▇▇▇▇ shall not have been obtained on or before the Closing, the Seller shall, upon receipt of such ▇▇▇▇, pay all such utility charges for water, gas, light, heat, power, electricity, telephone as evidenced by such ▇▇▇▇ or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied bills pertaining to the Premises and shall contract for all of the Services in Tenant's name period prior to the Commencement DateClosing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. The Commencement Date 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 applicable Closing; provided, however, that any up-front fees and any reimbursement of expenses paid or payable to such Seller or any predecessor in interest in connection with cable, internet or phone services for each of the Properties (except for the ▇▇▇▇▇▇ Property, the ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇ Property and the 1160 ▇▇▇▇▇▇▇ Property), 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 Premisesprorated, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 property of such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderSeller, and Tenant Buyer 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 deductionremit any such sums to Seller immediately upon receipt thereof. The immediately preceding sentence With respect to the contrary notwithstanding▇▇▇▇▇▇ Property, Landlord agrees that 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 Services are curtailed or suspended 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 Premises as a result data communication closets of the acts or negligence or willful misconduct applicable Property and (ii) phone and coaxial wiring in each unit of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated such Property back to the extent central media panel in such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredunit. 39 Section 8.5.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during directly to the Lease Term and prior to delinquency proper authorities charged with the collection thereof all charges charge for water, sewer, gas, light, heat, power, electricity, telephone (singularly, “Utility Service” and collectively, “Utility Services”) and other utilities or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to used or consumed on the Premises Premises, whether called charge, tax, assessment, fee or otherwise, including, without limitation, water and sewer use charges and taxes, if any, all such charges to be paid as the same from time to time become due. It is understood and agreed that (collectively i) Landlord shall be responsible for bringing each Utility Service to a common switching point(s) at the "Services"Building, which, in the case of electricity shall mean the switch gear and not the transformer (collectively, the “Utility Switching Points”) and all taxes, levies, fees or surcharges therefor. separately metering such services at Landlord’s cost and expense; (ii) Tenant shall arrange pay for any and all costs to connect such Utility Services from such Utility Switching Points to the Premises; (iii) Landlord shall be supplied under no obligation to furnish any Utility Services to the Premises and shall contract for all of (beyond the foregoing responsibility to bring such Utility Services in Tenant's name prior to the Commencement Date. The Commencement Date Utility Switching Points); and (iv) Landlord shall not be delayed by reason liable for any interruption or failure in the supply of any failure utilities to the Premises, except to the extent expressly set forth in this Section 6.01. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contact for or purchase one or more Utility Services from any company or third party providing Utility Services (the “Utility Service Provider” or “Utility Service Providers”), which contracts or purchases, in Landlord’s reasonable opinion, are likely to result in a reduction in costs for Utility Services to the occupants of the Building. Tenant, at no cost to Tenant, agrees to reasonably cooperate with Landlord and the Utility Service Providers and at all times and as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services. Tenant to so contract for Servicesmay, but shall not be required to, purchase Utilities from the respective Utility Service Providers. 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 as of the Commencement Date, the cost of such Services there shall be an Operating Expense and Tenant shall pay such cost to Landlordinterruption, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use the elevator, electricity, HVAC service, or water supply in the manner required to be provided in this Lease or an interruption, curtailment or suspension of access to the Premises (which event is not subject to Article 12 and no reasonably equivalent alternative service or supply is provided by Landlord) that shall prevent Tenant from using, and Tenant does not actually so use, all or a portion of the Premises (as reasonably determined a “Service Interruption”), and if (a) such Service Interruption shall continue for at least five (5) consecutive Business Days following receipt by Landlord of written notice from Tenant describing such Service Interruption (the “Service Interruption Notice”) and (b) such Service Interruption shall not have been caused, in whole or in part, by an act or omission in violation of this Lease by Tenant or negligence of Tenant, or of Tenant’s agents, servants, employees, contractors or visitors (a Service Interruption that satisfies both of the foregoing conditions being referred to hereinafter as a “Material Service Interruption”), then Tenant shall be entitled (x) 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, and (y) if such Material Service Interruption shall continue for at least six (6) months following such forty-eight (48) hour period until such Services are restoredLandlord’s receipt of the Service Interruption Notice, to terminate this Lease.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant 5.1. Lessee shall pay during all bills when due which may be incurred for all utilities separately metered to the Lease Term Leased Premises and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer any and all other services supplied bills for utilities to the extent relating exclusively to the Leased Premises or consumed on Exclusive Parking Area which may accrue during the Premises (collectively the "Services") Term and any and all taxesother fees, leviescosts, fees expenses or surcharges therefor. Tenant shall arrange charges for Services to be supplied utilities attributable solely to the Leased Premises and shall contract for all of the Services in Tenant's name prior or Exclusive Parking Area consumed by Lessee or otherwise applicable to the Commencement DateLeased Premises or Exclusive Parking Area (including without limitation any expenses related to any guard shack in the Exclusive Parking Area). The Commencement Date Lessee shall not be delayed by reason of any failure by Tenant also pay to so contract for Services. In the event that any of the Services cannot be separately billed or metered Lessor, to the Premisesextent not separately metered, or if any Lessee’s Proportionate Share of all utilities consumed at the Services Building and the Real Property which are not separately metered as to or otherwise used exclusively by other tenants or occupants of the Commencement Date, Building and the cost Real Property (“Common Utility Costs”). Lessee's Proportionate Share of such Services Common Utility Costs shall be an Operating Expense payable by Lessee as Additional Rent to Lessor in twelve (12) monthly installments pursuant to the Utility Budget (as hereafter defined and Tenant set forth). Before the Lease Commencement Date and each calendar year during the Term thereafter, Lessor shall provide Lessee with a Budget of the annual Common Utility Costs based upon current anticipated or prior year's expenses ("Utility Budget") setting forth Lessor's projection of costs for the current year of the Term. Lessor's projection of the Utility Budget shall be Lessor's good faith estimate only and Lessor shall have no liability for any errors or omissions therein and Lessee shall be responsible for the full payment of the actual costs irrespective of the Utility Budget amount. Lessee shall pay to Lessor on the first day of each calendar month during the Term and any renewal or extension one-twelfth (1/12) of the amount set forth in the Utility Budget. 5.2. As soon as reasonably practicable after each calendar year during the Term, Lessor shall provide Lessee with an invoice indicating the difference between the actual amount of Common Utility Costs incurred by Lessor and the amounts paid thereon by Lessee pursuant to the Utility Budget (the “Utility Reconciliation”). Within thirty (30) days after Lessee's receipt of the Utility Reconciliation, Lessee shall pay to Lessor any amount set forth therein which represents an underpayment of the amount actually due or, if the amount paid by Lessee toward utilities exceeds the actual amounts therefor, then Lessor shall credit such cost excess amount against Lessee's next monthly payment(s) of the utility costs (or shall refund such amount to LandlordLessee if such credit is determined after the expiration of the Term). If Lessor shall receive any refund or reimbursement of utility costs with respect to any lease year for which Lessee paid a Proportionate Share of such utility costs, as Additional Rentthen out of any balance remaining after deducting Lessor's expenses incurred in obtaining such refund, as provided in Paragraph 12 belowLessor shall reimburse to Lessee, except that Tenantan amount equal to Lessee's proportionate share of such Services refund or reimbursement or sum in lieu thereof provided there does not then exist a default of Lessee under this Lease. 5.3. Should Lessee fail to pay timely any utility bills relating to utilities which are separately metered to the Leased Premises as aforesaid, Lessor shall have the right to pay the same, and the amount so paid shall be chargeable to Lessee as Additional Rent, to be paid at the percentage obtained by dividing time of 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 next installment of any Services due to any 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 Minimum Rent falling due hereunder, all without diminution, credit with interest at the Interest Rate from the date of such payment by Lessor. 5.4. If Lessor reasonably determines that Lessee or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result any tenant of the acts Real Property is a substantial user of any utilities which are not separately metered, Lessor may require such user to install a separate meter or negligence submeter for such utilities at such user’s sole cost and expense, and thereafter Common Utility Costs shall exclude such separately metered or willful misconduct submetered utility expense. If Lessor determines that Lessee is a substantial user of Landlord for a period of forty-eight (48) consecutive hours during the Lease Termutility services pursuant to this paragraph, then Tenant's Rent payable hereunder shall be equitably abated Lessor will provide to the extent Lessee reasonable documentation on which such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoreddetermination is based.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but A. Tenant shall pay be responsible for paying for each of the following utilities which are marked (Tenant shall also initial each such marked utility): Electricity (Tenant Initials: ) Natural Gas (Tenant Initials: ) Water (Tenant Initials: ) Other Public Utilities (trash pickup, etc.) (Tenant Initials: ) Other utility (describe) (Tenant Initials: ) Other utility (describe) (Tenant Initials: ) B. For each utility so marked above, it shall be responsibility of the Tenant to make the arrangements required to put the account in the Tenant’s name. This means that Tenant must put and keep those utilities in Tenant’s name during the entire term of this Lease. This also means that Tenant must make timely payments for those utilities and not allow any of those utilities to become disconnected or taken out of Tenant’s name. Making timely payments means that the Tenant pays utility bills when they are due. A Tenant fails to make timely payments when he/she pays late, makes delinquent payments, or his/her utility accounts become delinquent, suspended, or disconnected due to late payment Failure to make timely payments for tenant-paid utilities is considered a material violation of the lease and may result in Lease Term termination and prior eviction. Allowing Tenant-paid utilities to delinquency all charges become disconnected or taken out of Tenant’s name is considered a material violation of the lease and may result in Lease termination and eviction. If Tenant fails to pay for waterTenant-paid utilities or is otherwise delinquent in making payment on Tenant-paid utilities and Authority incurs any costs as a result, gasTenant is then responsible for, lightand shall be charged for, heatthe amount of any such costs. If Tenant fails to pay for Tenant-paid utilities or is otherwise delinquent in making payment on Tenant-paid utilities and Authority incurs any costs as a result, powerTenant is then responsible for, electricityand shall be charged for, telephone the amount of any such costs plus an administration fee of $50.00 (Fifty Dollars). C. Unless marked above as being the Tenant’s responsibility, Authority shall provide and pay for the following utilities: Water/Other Public Utilities. D. Authority is not responsible for the interruption or other communication service, janitorial service, trash pick-up, sewer and all other failure to provide utility services supplied for any cause beyond its direct control. E. ▇▇▇▇▇▇ agrees not to excessively consume or consumed on to waste the Premises (collectively utilities provided by the "Services") and all taxes, levies, fees or surcharges thereforAuthority. Excessive consumption may result in an excess utility charge being assessed to the Tenant. Tenant shall arrange be charged and is obligated to pay for Services excessive use of any Authority provided utility when in Authority’s sole determination, the utility consumption for the leased premises is above normal consumption for similar type properties. This charge does not apply to be supplied utilities paid by the Tenant directly to the Premises and shall contract for all a utility supplier. F. Tenant agrees to comply with any applicable law, regulation, or guideline of any governmental entity regulating utilities or fuels. ▇▇▇▇▇▇ also agrees to abide by any local ordinance, policies of the Services in Tenant's name Authority or rules of occupancy restricting or prohibiting the use of space heaters or similar devices. G. Authority will provide a cooking range and refrigerator. Other major electrical appliances, air conditioners, freezers, extra refrigerators, dishwashers and similar devises may be installed and operated only with 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 inspection and written approval of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Term, 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 (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredAuthority.

Utilities. Landlord shall provide electricity for normal office use and water service for purposes incidental to normal office use, the costs of which shall be included in the Operating Expenses. Tenant agrees that it will not install any equipment, which may exceed or overload the capacity of any utility facilities. If Tenant shall use electricity in amounts in excess of that commonly consumed for office use or if Tenant shall consistently and regularly use electricity outside of Building Operating Hours, Landlord shall have the right to provide, at its cost, water, electricity and telephone require such electrical service connections into to be separately submetered to the Premises; but , which work shall be performed at Tenant’s sole cost. If submetered electricity is billed separately by the utility provider, Tenant shall pay during the Lease Term and prior amount of such invoice to delinquency all charges for waterLandlord. If submetered electricity is not billed separately by the utility provider, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied Tenant shall pay to or Landlord a monthly amount equal to the units of electricity consumed on at the Premises (collectively for such period, multiplied by the "Services") and all taxesaverage per unit cost charged to Landlord by the utility company, levieswhich amount shall be due, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all in either of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason foregoing cases, within ten (10) days of any failure by Tenant to so contract for Servicespresentation of an invoice therefor. In the event that any of the Services electricity service cannot be separately metered, Tenant shall pay to Landlord an amount equal to Landlord’s reasonable estimate of Tenant’s usage thereof. If Tenant is separately billed for all electricity usage, Operating Expenses shall be equitably adjusted to account for Tenant’s direct payment of such utilities. Landlord shall not be liable for any discontinuance of utility services to the Premises and the same shall not constitute a termination of this Lease or metered an eviction of Tenant. Landlord shall not be liable to Tenant in damages or otherwise (a) if any utility shall become unavailable, or (b) for any interruption in any service caused by the making of any necessary repairs or improvements or by any cause beyond Landlord’s reasonable control, and the same shall not constitute a termination of this Lease or an eviction of Tenant, constructive or otherwise. Notwithstanding anything to the contrary contained in this Section 6, if: (i) Landlord ceases to furnish any service in the Premises for a period in excess of five (5) consecutive days after Tenant notifies Landlord of such cessation (the “Interruption Notice”); (ii) such cessation does not arise as a result of an act or omission of Tenant; (iii) such cessation is not caused by fire or other casualty (in which case Section 20 shall control); (iv) the restoration of such service is reasonably within the control of Landlord; and (v) as a result of such cessation, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of its business) and Tenant in fact ceases to use the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease Termmaterial portion thereof, then Tenant's , as its sole remedy, shall be entitled to receive an abatement of all Base Rent, Additional Rent and other sums payable hereunder during the period beginning on the sixth (6th) consecutive day of such cessation and ending on the day when the service in question has been restored. In the event the entire Premises has not been rendered untenantable by the cessation of service, the amount of abatement shall be equitably abated to prorated based upon the extent such curtailment or suspension of Services interferes with Tenant's use percentage of the Premises (as reasonably determined so rendered untenantable and not used by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term utility provider directly for all separately metered, or contracted public and prior to delinquency all charges for private utilities serving the Premises, including, but not limited to, water, gas, light, heat, power, electricity, telephone or other communication servicetelephone, janitorial servicesewer, and trash pick-upcollection, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all along with any taxes, leviespenalties, fees or surcharges thereforwith respect to such utilities. Tenant shall arrange for Services agrees to be supplied limit use of water and sewer to the Premises amounts consistent with normal restroom, break room, 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 Servicesoffice use. In the event that any Tenant’s use of water and sewer services materially exceeds the Services canforegoing limitations, Landlord may separately meter the water and sewer services at Tenant’s expense and require Tenant to pay the service provider directly. Interruptions or failures of utilities shall not be separately billed or metered to the Premisesresult in a default by Landlord, termination of this Lease, or if any the abatement of rent. Notwithstanding the Services foregoing, upon prior Notice to Tenant, and provided that: (a) such utilities are not separately metered priced at, or below, local utility provider rates, and (b) that there is no reduction of service level for such utility from the service level as of the Commencement Datedate of the Landlord transfer, Landlord may transfer utility accounts held by Tenant at the cost Premises to the name of Landlord, or an appointed intermediary of Landlord. In the event Landlord transfers the utility accounts, Landlord shall timely pay all invoices from such Services shall be an Operating Expense and utility service providers. Tenant shall pay such cost to reimburse Landlord, as Additional Rentor ▇▇▇▇▇▇▇▇’s appointed intermediary, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be for the percentage obtained by dividing the gross leasable square footage contained in utility services consumed at the Premises by no later than 30 days from receipt of an invoice for such utility services, which shall include units consumed at the total gross leasable square footage located in all buildings utilizing Premises during such Servicesbilling period. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderUpon request, 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 deliver to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to data regarding Tenant’s utility usage at the Premises as a result of the acts required by law, or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, 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 (as reasonably determined required for Landlord to manage the Project. Tenant can satisfy this requirement by either: (x) providing written consent for Landlord and Tenantto obtain the information directly from the utility or (y) following such forty-eight (48) hour period until such Services are restoredproviding the data to Landlord in an acceptable electronic format.

Utilities. Landlord (a) Tenant agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall 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 as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rentadditional rent, The Building Percentage of all utility expenses for the Building, exclusive of those expenses used by other Tenants or other space within the building, including, without limitation, gas, electric and water charges. If this Lease commences on a day other than the first day of a billing cycle, or ends on a day other than the last day of a billing cycle, Tenant's payment under this Article 7 shall be prorated on a per diem basis. Such amounts due pursuant to this Article 7 shall be paid within ten (10) days after demand by Landlord. Bills from the utility providers shall be sufficient evidence of the amount of utility charges and for calculation of the amounts to be paid. (b) All costs incurred in connection with the hook-up and operation (including the cost of metering devices) for utility consumption in the demised premises shall be borne solely by Tenant. (c) 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 either the quantity or character of utility service is changed or is no longer available or suitable for Tenant's requirements. Utility and utility service, as provided in Paragraph 12 belowused herein, except that shall mean any element affecting the generation, transmission and/or distribution or redistribution of gas, electric or water, including, but not limited to, services which facilitate the distribution of service. (d) Landlord reserves the right to provide electricity to Tenant on a submetering basis, and if Landlord exercises such right, Tenant shall, at Tenant's proportionate share expense, effect all work which is necessary to furnish redistributed electricity to the demised premises on a submetering basis, including, without limitation, the installation of such Services all required wiring and other equipment. If and so long as Landlord provides electricity to the demised premises on a submetering basis, Tenant covenants and agrees to purchase the same from Landlord or Landlord's designated agent at Landlord's Cost (as hereinafter defined), plus 7% thereof. Where more than one meter measures the service of Tenant in the Building, the KWHR and KW recorded by each meter may be computed and billed separately, in accordance with the rates specified herein. Bills therefor shall be rendered at such times as Landlord may elect and the percentage obtained amount, as computed from a meter or meters and determined by dividing the gross leasable square footage contained Landlord's electrical consultant 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 accordance with this Article, shall be deemed to any cause whatsoever shall not affect any obligation of Tenant hereunderbe, and Tenant be paid as, additional rent. (i) Landlord's Cost for such redistributed electricity shall faithfully keep and observe all be equal to Landlord's Cost Rates (as hereinafter defined) for 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 contrary notwithstanding, 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 relevant billing period of forty-eight (48) consecutive hours during the Lease Term, then multiplied by Tenant's Rent payable hereunder electricity consumption (i.e., energy and demand) based on the aforedescribed meter readings as herein provided. Landlord's Cost Rates shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (determined as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.follows:

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but The Tenant shall be solely responsible for and shall promptly pay during the Lease Term and prior to delinquency all charges for waterpublic utilities and/or private services rendered or furnished to the premises during the Term hereof, gasincluding, lightbut not limited to, heat, power, gas and electricity, telephone together with all taxes or other communication service, janitorial service, trash pick-up, sewer charges based upon the use of such utilities. Landlord shall be solely responsible for the performance of any and all repairs to all utility lines, pipes and other services supplied to or consumed on facilities serving the Premises (collectively the "Services") and all taxesBuilding, levies, fees or surcharges therefor. Tenant shall 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 unless such repair was necessitated 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 as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such 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 any 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 contrary notwithstanding, 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 (48) consecutive hours during the Lease TermTenant or anyone acting by, then through or under Tenant's Rent payable hereunder . Tenant shall be equitably abated solely responsible for the performance of any and all repairs to all utility lines, pipes and other facilities that exclusively serve the Premises, unless such repair was necessitated by the negligence or misconduct of Landlord or anyone acting by, through or under Landlord. Landlord shall not be liable to Tenant for any interruption of utility services to the extent Premises caused by events beyond Landlord’s reasonable control; provided, however, that Landlord shall be obligated to use reasonable commercial efforts to obtain the resumption of such curtailment utility services as quickly as is reasonably possible (unless such interruption of service was caused by the gross negligence or suspension willful misconduct of Services interferes with Tenant or anyone acting by, through or under Tenant's use ). Except as otherwise expressly provided herein, Landlord shall in no event be liable for the quality, quantity or interference of such services. Tenant shall and hereby agrees to make all appropriate applications and arrangements for utility services required to serve the Premises (directly with those utility companies and authorities providing such utilities to the Building. Tenant shall pay all fees, charges and deposits required by such utility companies and authorities as reasonably determined by Landlord a condition to their providing such utility services to the Premises, excluding any impact, “tap-in”, or “hook-up” fees which shall be the sole responsibility of Landlord. If additional or special utility services or wiring are required for the conduct of Permitted Use within and Tenant) following such forty-eight (48) hour period until such Services are restoredfrom the Premises, Tenant shall be responsible for their installation at its sole cost and expense.