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 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 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. 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 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. 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 agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term costs of all electricity 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 utility costs associated with the operation of the Premises. At Landlord's sole discretion, some or all of the utility costs will be determined from time to time by either: (a) direct meter, (b) submeter, (c) proportionate share, or consumed (d) a separate ▇▇▇▇ based on an independent usage study or studies performed by a third party designated by Landlord from time to time. If Landlord elects that certain or all of the utility costs will be separately metered, Tenant shall pay for such separate metering and shall purchase and receive such utilities for the Premises (collectively directly from the "Services") public utility servicing the Building; otherwise, Landlord shall ▇▇▇▇ Tenant for such utilities, as Additional Rent. Tenant's electrical usage shall be directly metered and all taxes, levies, fees or surcharges thereforTenant shall purchase and receive electricity for the Premises directly from the electrical provider servicing the Building. Tenant shall arrange be responsible for Services maintenance, repair and replacement, as necessary, of any meters measuring Tenant's utility use. All meters installed by Tenant, including the aforementioned electric meter, shall be capable of being read remotely by Landlord. If Landlord elects that any utility costs will be determined by submeter, Landlord will install such submeters, at Tenant's sole cost and expense, in a location designated by Landlord, which location shall be accessible by Landlord and Tenant shall permit Landlord and Building employees to be supplied to enter the Premises to access and read such submeters at all times during the Term. Landlord 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 maintain, repair and replace, as necessary, 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 Premisessubmeters, 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 the cost thereof as Additional Rent hereunder. In addition, Tenant shall provide Landlord with a data/internet connection to Landlordenable Landlord to remotely read the submeters serving the Premises. If Landlord elects that certain or all of the utility costs will be determined based on an independent usage study or studies performed by a third party designated by Landlord from time to time, Tenant shall pay, as Additional Rent, such costs to the extent Tenant is notified of the same by invoice from Landlord. If Landlord elects that certain or all of the utility costs will be determined based on a cost study performed by a third party designated by Landlord from time to time, Tenant shall pay, as provided Additional Rent, the costs identified in Paragraph 12 belowsuch study. Tenant acknowledges and agrees that Landlord may from time to time change the supplier from which it receives utility service for the Building and Tenant agrees that at any time Landlord makes such change, except that Tenant's proportionate share of such Services Tenant shall be the percentage obtained by dividing the gross leasable square footage contained in concurrently with Landlord convert to receiving utility service for the Premises by from such new supplier. Except as otherwise expressly provided herein, Tenant agrees to pay all costs and expenses incurred in connection with the total gross leasable square footage located in provision of HVAC and utilities to the Premises, including without limitation, all buildings utilizing such Serviceslabor, equipment, service contracts required to maintain the equipment plus supplemental heating and cooling, and repair and replacement costs associated therewith. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderAs provided above, electric power for lights, plugs and electrical equipment and on floor air handling and ventilation equipment exclusively serving the Premises will be directly metered, and Tenant shall faithfully keep and observe all be billed directly by the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence public utility company supplying electricity to the contrary notwithstanding, Landlord agrees Building. Tenant acknowledges that if Services are curtailed or suspended to the Premises as is located on a result multi-tenanted floor of the acts or negligence or willful misconduct Building and the costs for electric power (and the costs of Landlord maintenance and repairs of the DX units) for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder mechanical rooms and DX units serving such floor shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined allocated by Landlord between all tenants occupying such multi-tenanted floor and Tenant) following Landlord may reasonably adjust such fortyallocation from time to time to compensate for any disproportionate consumption by any tenant on such multi-eight (48) hour period until such Services are restoredtenanted floor. Landlord shall not be liable in any way to Tenant for any failure or defect in supply or character of electric current or other utilities furnished to be Premises.

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, 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 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 provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during have the Lease Term and prior right 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 choose and shall contract be responsible for contracting directly with all suppliers 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 Servicesutility services. In the event that any charge or fee is required by the state in which any Property Location is located or by any agency, subdivision or instrumentality thereof, or by any utility company or other entity furnishing services or utilities to such Property Location, as a condition precedent to furnishing or continuing to furnish utilities or services to such Property Location, such charge or fee shall be deemed to be a utility charge payable by Tenant. The provisions of the Services canthis Article 5 shall include, but shall not be separately billed limited to, any charges or metered fees for present or future water or sewer capacity to serve each Property Location, any charges for the underground installation of gas or other utilities or services, and other charges relating to the Premises, extension of or if change in the facilities necessary to provide each Property Location with adequate utility services. Tenant may elect to cause the separate metering of utilities to various portions of any of the Services are not separately metered as of the Commencement DateBuilding. If Tenant makes such an election, the costs of such separate metering shall be at the sole and exclusive cost of Tenant. In the event Tenant fails to pay any such Services charge or fee contemplated by this Section 5.02, Landlord shall be an Operating Expense have the right, but not the obligation, to pay such charges or fees on Tenant’s behalf and Tenant shall pay reimburse Landlord for such cost to utility charge upon Landlord, as Additional Rent, as ’s demand therefor with interest accruing at the Default Interest rate 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 ServicesSection 31.07. The lack inability of Tenant to obtain, or shortage of any Services due stoppage of, the utility services referred to in this Article 5 resulting from 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 (other than Landlord’s gross negligence or willful misconduct wrongful acts) shall not make Landlord liable in any respect for damages of Landlord for a period any kind to any Person, property or business, or entitle Tenant to any abatement of forty-eight (48) consecutive hours during the Lease Term, then Rent or other relief from any of 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’s obligations under this Lease.

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 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. 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. A. Provided that Tenant is not in Default hereunder, Landlord agrees shall furnish to provide, at its cost, the Premises the following services: 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, natural gas, light, heat, power, electricity, telephone or other communication electrical power and elevator service, janitorial service, trash pick-up, sewer ; heating and all other services supplied to or consumed on air conditioning suitable for the comfortable use and occupation of the Premises (collectively assuming normal office use thereof) during the "Services") and all taxes, levies, fees or surcharges thereforperiod from 7:00 a.m. to 7:00 p.m. on weekdays (“Business Hours”). The Building is equipped with submeters to measure the consumption of electricity upon the Premises. Tenant shall arrange on a monthly basis, as additional rent, pay to Landlord the cost of all such electricity consumed at the Premises as indicated by the submeter. The cost of all other utilities shall be included as Operating Expenses, to the extent applicable and to the extent such services are defined in Operating Expenses. Tenant shall give reasonable notice in making any request for Services utilities required outside of Business Hours, and Landlord shall make commercially reasonable efforts to satisfy Tenant’s request and provide to Tenant, upon Tenant’s request, an estimate of the approximate cost of such requested utilities. Tenant agrees to pay, as additional rent, promptly after written notice thereof, the actual costs incurred by Landlord in connection with providing any additional utilities Landlord may provide pursuant to Tenant’s request. Landlord shall provide the detail used for the calculation of these costs to Tenant within ten (10) days after request by Tenant. B. Tenant shall not, without first obtaining the Landlord’s written consent thereto, which consent shall not be unreasonably withheld or delayed, install within the Premises any electrical machinery, appliances or equipment which is not typically installed in offices (excluding, by way of example rather than limitation, microwave ovens, refrigerators, photocopying equipment, and fax machines typically found in offices) which uses electrical current in excess of that which is standard for the Building. Landlord shall have the right from time to time, using sub-meters or other methods, to measure the consumption of electricity or other utilities upon the Premises. Tenant agrees to pay, as additional rent, promptly on demand any and all costs incurred by Landlord in connection with providing utilities in excess of that which is standard for the Building. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may prescribe for the proper functioning and protection of the Building heating, ventilating and air conditioning systems. No such failure and no interruption of utilities or services from any cause whatsoever shall constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for consequential damages or loss of business by Tenant, except as otherwise expressly provided in this Lease. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to such failure or interruption. Landlord shall not be liable for injury to or death of any person or damage to or destruction of property, however occurring, through or in connection with or incidental to the furnishing of or the failure to furnish any of the foregoing utilities or services or any other utilities or services except to the extent caused by Landlord’s gross negligence or willful misconduct. C. Landlord makes no representation to Tenant regarding the adequacy or fitness of the heating, air conditioning or ventilation equipment in the Building to maintain temperatures that may be required for, or because of, any of Tenant’s equipment that is not an ordinary office machine, and Landlord shall have no liability for loss or damage suffered by Tenant or others in connection therewith. If Tenant’s use of the heating, air conditioning or ventilation system causes damages to any of the air conditioning units or other equipment, the cost to repair or replace any such units or equipment due to such use shall be paid by Tenant to Landlord, as additional rent, upon demand by Landlord. If the temperature otherwise maintained in any portion of the Premises by the heating, air conditioning or ventilation system is affected as a result of (1) any lights, machines or equipment (including without limitation electronic data processing machines) used by Tenant in the Premises (other than a reasonable quantity of ordinary office machinery and lighting), (2) the occupancy of the Premises by more than one person per two hundred (200) square feet of rentable area therein, (3) an electrical load for lighting or power in excess of the limits per square foot of rentable area of the Premises specified in Section 7.01D below, or (4) any rearrangement of partitioning or other improvements, Landlord shall have the right to install supplementary air conditioning units or other equipment Landlord reasonably deems appropriate in the Premises, and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord, as additional rent, within thirty (30) days after written demand by Landlord. D. Tenant agrees it will not, without the written consent of Landlord, use any equipment, apparatus or device in the Premises (including, without limitation, electronic data processing machines, computers or machines using current in excess of 110 volts) that will, individually or in the aggregate, in any way cause the amount of electricity, water or heating, ventilation or air conditioning supplied to the Premises and to exceed the amount 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 water pipes any equipment, apparatus or device for the purposes of using electric current or water. Landlord shall contract not, in any way, be liable or responsible to Tenant for any loss or damage or expense that Tenant may incur or sustain if, for any reasons beyond Landlord’s reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the Services feeders, risers or electrical installations of the Building. If submetering of electricity in Tenant's name prior the Building will not be permitted under future laws or regulations, Base Rent will then be equitably adjusted to include an additional payment to Landlord reflecting the cost to Landlord for furnishing electricity to the Commencement DatePremises. E. In the event any governmental authority having jurisdiction over the Real Property or the Building promulgates or revises any law, ordinance or regulation or building, fire or other code or imposes mandatory or voluntary controls or guidelines on Landlord or the Real Property or the Building relating to the use or conservation of energy or utilities or the reduction of automobile or other emissions (collectively “Controls”) or in the event Landlord is required or elects to make alterations to the Real Property or the Building in order to comply with such mandatory or voluntary Controls, Landlord may, in its sole discretion, comply with such Controls or make such alterations to the Real Property or the Building related thereto. The Commencement Date Such compliance and the making of such alterations shall not constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for consequential damages or loss of business by Tenant; provided, however, that Landlord shall not agree to any voluntary Controls without first obtaining Tenant’s consent, which consent 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 restoredunreasonably withheld.

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. 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 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. 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. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during have the Lease Term and prior right 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 choose and shall contract be responsible for contracting directly with all suppliers 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 Servicesutility services. In the event that any of charge or fee is required by the Services cannot be separately billed state in which the Premises is located or metered by any agency, subdivision or instrumentality thereof, or by any utility company or other entity furnishing services or utilities to the Premises, as a condition precedent to furnishing or if continuing to furnish utilities or services to the Premises, such charge or fee shall be deemed to be a utility charge payable by Tenant. The provisions of this Article 5 shall include, but shall not be limited to, any charges or fees for present or future water or sewer capacity to serve the Premises, any charges for the underground installation of gas or other utilities or services, and other charges relating to the Services are not separately metered as extension of or change in the Commencement Datefacilities necessary to provide the Premises with adequate utility services. Tenant may elect to cause the separate metering of utilities to various portions of any Building. If Tenant makes such an election, the costs of such separate metering shall be at the sole and exclusive cost of Tenant. In the event Tenant fails to pay any such Services charge or fee contemplated by this Section 5.02, Landlord shall be an Operating Expense have the right, but not the obligation, to pay such charges or fees on Tenant’s behalf and Tenant shall pay reimburse Landlord for such cost to utility charge upon Landlord, as Additional Rent, as ’s demand therefor with interest accruing at the Default Interest rate 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 ServicesSection 31.07. The lack inability of Tenant to obtain, or shortage of any Services due stoppage of, the utility services referred to in this Article 5 resulting from 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 (other than Landlord’s gross negligence or willful misconduct wrongful acts) shall not make Landlord liable in any respect for damages of Landlord for a period any kind to any Person, property or business, or entitle Tenant to any abatement of forty-eight (48) consecutive hours during the Lease Term, then Rent or other relief from any of 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’s obligations under this Lease.

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 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 (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. 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 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. 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. (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 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 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 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 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. 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 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 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 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 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 (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 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 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 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. 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. 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 agrees shall provide customary utility lines stubbed to provideeach enclosed food service area in the Premises, including supply and return lines for air conditioning, in the manner and to the extent set forth in the Work Letter. Except as otherwise provided in the Work Letter, the distribution of utility lines within the Premises shall be the responsibility of Tenant, at its Tenant's cost, water, electricity and telephone service connections into the Premises; but . Tenant shall pay during all "hook-up fees," connection charges and other similar charges which may be levied by utility provides as a fee for connecting the Lease Term and prior Premises to delinquency the utility supply. Landlord shall pay for all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-uppower and electric current, sewer and all other services supplied utilities (including sewer usage charges, but not sewer "hook-up fees" or connection charges) used by Tenant in the Premises; Tenant acknowledges that, because of the nature of the Premises, Tenant might not have access to the controls for heating,air conditioning or consumed on lighting at the Premises (collectively and shall not attempt to make any changes to such controls located outside the "Services") Premises. Landlord, at Landlord's cost, shall provide Tenant with one telephone line and all taxes, levies, fees or surcharges therefora house phone. Tenant shall arrange be responsible for Services local and long distance service. Tenant may at Tenant's expense, install other telephone lines (including pay telephones), provided the same are not incompatible with the Hotel's telephone system. Landlord, at Landlord's cost, shall provide garbage service for the Premises; provided that Tenant shall be responsible for removing garbage from the Premises and transporting the same to Landlord's designated trash enclosure or dumpster. In addition, heating, air conditioning, sewer, hot, cold and chilled water and natural gas (for cooking purposes) shall be supplied to the Premises without additional cost to Tenant. Heat and air conditioning shall contract for all be supplied so as to maintain comfort levels in keeping with those of the Services Hotel and, in any event, so as to keep the Premises reasonably comfortable at all times. Hot, cold, and chilled water shall be supplied in such quantities and at such temperatures as are suitable for Tenant's name prior operations. Landlord may, from time to time, prescribe reasonable rules and regulations for the Commencement Dateimplementation of this Section. The Commencement Date Tenant shall not install any equipment which can exceed the capacity of any utility facilities serving the Premises 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 first be approved in writing by Landlord, which approval 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 restoredunreasonably withheld.

Utilities. Landlord agrees shall make utilities available to providethe Premises but Landlord shall not be required to furnish any utilities, at its costfacilities or services to the Premises, including but not limited to management and janitorial services, heat, 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, heatsewer, power, electricity, telephone or other communication service, janitorial servicegas or electric, 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 liable for any failure of supply of any such utility service, unless such 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 is 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 or its agents or employees. Tenant shall pay promptly, as and when the same become due and payable, all water rents, rates and charges, all sewer rents and all charges for electricity, gas, heat, steam, hot and/or chilled water and other utilities directly to the utility company and shall indemnify Landlord against any liability or damages on such account. During the full term of the Lease, Tenant shall have the full responsibility of repairing, replacing, restoring and maintaining the heating and air conditioning systems. Landlord agrees that Tenant shall have the benefit of all warranties delivered for the heating, ventilation and air conditioning system. Tenant shall maintain a period full service maintenance contract, in form and content satisfactory to Landlord, for the life of fortythe Lease, covering the replacement of all parts, and the cost of labor and preventative maintenance to be done on at least a quarterly basis for the heating and air conditioning system. ​ Tenant shall deliver a copy of said maintenance contract to Landlord within ten (10) business days of occupancy of the premises. In the event Tenant fails to obtain said maintenance contract, Landlord may, but shall not be obligated to and without relieving Tenant of its obligation to do so, obtain said contract on behalf of Tenant. The total reasonable out-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder of-pocket cost thereof shall be equitably abated payable by Tenant within thirty (30) days of written notice, together with reasonable supporting documentation be payable as additional rent. Landlord shall be entitled to all remedies available in the extent such curtailment or suspension event of Services interferes with Tenant's use nonpayment of Base Rent in the Premises (event Tenant fails to make the payments as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredin this paragraph provided.

Utilities. Landlord agrees to provide(a) Commencing on the Commencement Date, at its costand continuing throughout the Term, Tenant shall pay Landlord, without setoff, deduction, or counterclaim, except for the abatement provided for in Section 6(b) below, for: (i) Tenant’s Share of all actual costs of electricity, water, electricity wastewater, and telephone service connections into any other utilities required to operate the PremisesProject from time to time (“Utilities) consumed in the Project during each year of the Term, excluding the costs of Utilities that are directly metered or submetered to Building tenants or paid separately by such tenants; 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"ii) and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied any Utilities that are separately submetered to the Premises pursuant to this Lease based upon Tenant’s submetered usage, as well as for any reasonable maintenance and replacement costs associated with such submeters. For Tenant’s Share of Utilities, the annual cost of such Utilities for any given calendar year during the Term shall contract be included by Landlord as part of Project Expenses for such year, and all of the Services in Tenant's name prior terms of Section 5 of this Lease shall apply. The cost of Utilities payable by Tenant under this Section shall include all applicable taxes imposed by the provider of such Utilities. For Utilities that are separately submetered to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract Premises as provided 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 Datein this Lease, the cost of such Services Utilities shall include all applicable taxes imposed by the provider of such Utilities and Landlord’s reasonable charges for reading the applicable submeter(s), provided Landlord shall have the right to engage a third party to read the submeter(s) but shall not charge Tenant more than Landlord’s reasonable charge for the third party’s services, and Tenant shall reimburse Landlord for both the Utilities consumed as evidenced by the submeter(s) plus the costs for reading the submeter(s) (based on the reasonable cost stated herein) within 20 days after receipt of an invoice therefor. To determine the amount of electricity consumed by Tenant’s equipment or other devices in the Premises that are required to be an Operating Expense connected to a submeter(s) pursuant to the terms of this Lease, Landlord or a third party shall on a monthly basis (and no more than once per month), during the Term and any extension(s) thereof, read the submeter(s) to determine the amount of the electricity consumed in the Premises since the last reading of the submeter(s) and then compute the cost of the electricity consumed by multiplying the cost per kilowatt hour charged by the electric utility provider for the applicable month by the amount of the kilowatt hours consumed. For any Utilities other than electricity, if any, that are submetered to the Premises pursuant to the terms of this Lease, Tenant shall pay such cost rates as Landlord may establish from time to Landlordtime, as Additional Rent, as provided which shall not be in Paragraph 12 below, except that Tenant's proportionate share excess of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises any applicable rates charged by the total gross leasable square footage located in all buildings utilizing utility or municipality serving the Building and providing 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 service to the contrary notwithstandingPremises. (b) For any separately metered Utilities to the Premises, Landlord agrees that if Services are curtailed 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, safety inspections, or suspended to the Premises as a result of the acts any other reason, before or negligence or willful misconduct of Landlord for a period of after Business Hours by providing Tenant with no less than forty-eight (48) hours’ advance written notice, but without limitation in cases of a bona fide emergency which would result in damage to such system(s) if the shutdown did not occur. 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 portion thereof Untenantable (as defined in this Section), provided Tenant shall first endeavor to use any generator that serves the Premises for the purpose of providing Building Standard Electricity to the Premises, and not for emergency lighting or other devices which are connected to the Building’s generator (ii) results from Landlord’s negligence or willful misconduct; and (iii) extends for a period longer than 5 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 such curtailment or suspension of Services interferes with Tenant's use untenantable portion of the Premises for the period beginning on the 6th consecutive day after such conditions are met and ending on the earlier of: (as 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. “Untenantable” means the Premises are in a condition not reasonably determined usable or accessible by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredTenant or its employees for the conduct of its business.

Utilities. Landlord 14.1 PDA 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 PDA (in consultation with Redhook). The utility lines shall have the capacities existing as of the Term Commencement Date which, except as otherwise set forth in Section 14.6 of this Sublease, Redhook acknowledges are sufficient to enable Redhook to obtain for the buildings at the Subleased Premises, as of the date of commencement of Redhook's activities, sufficient water, electricity, telephone and sewer service. Redhook 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 Redhook desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by PDA, such installation shall be subject to PDA' s prior written approval of Redhook's plans and specifications therefor, which approval shall not be unreasonably withheld. If such installation is approved by PDA and if PDA agrees to provideprovide any additional facilities to accommodate Redhook's installation, Redhook agrees to pay PDA, in advance and on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. PDA, at its costsole discretion, watershall have the right from time to time to alter the method and source of supply of any or all of the above enumerated utilities to the Subleased Premises and Redhook agrees to execute and deliver to PDA such documentation as may be required to effect such alteration. Prior to undertaking any such alteration PDA shall consult with Redhook and shall exercise reasonable efforts to avoid or minimize any interruption to any affected service. Redhook agrees to pay all periodic charges for any utility services supplied by FDA, electricity public utility or public authority, or any other person, firm or corporation. PDA shall have the option to supply any of the above enumerated utilities to the Subleased Premises. If PDA shall elect to supply any of such utilities to the Subleased Premises, Redhook will purchase its requirements for such services tendered by PDA, and telephone Redhook will pay PDA, within ten (10) days after mailing by PDA to Redhook of statements therefor, at the applicable rates determined by PDA from time to time which PDA agrees shall not be in excess of the public utility rates for the same service, if applicable, to other aviation tenants at the Airport. If PDA so elects to supply any of such utilities, Redhook shall execute and deliver to PDA, within ten (10) days after request therefor, any documentation reasonably required by PDA to effect such change in the method of furnishing of such utilities. 14.2 PDA shall not be responsible for providing any meters or other devices for the measurement of utilities supplied to the Subleased Premises. Redhook shall install or make application and arrange for the installation of all such meters or other devices and shall also procure, or cause to be procured, without cost to PDA, any and all necessary permits, licenses or other authorizations required 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 connections into upon the Subleased Premises; but Tenant , and Redhook 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 and any other utility used or consumed in the Subleased Premises and supplied by PDA, 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 Redhook (and any sublessee or assignee of Redhook) 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 or assignment). Redhook (and any sublessee or assignee of Redhook) shall be required to comply with any and all other services supplied land use control regulations promulgated by PDA and any and all federal, state and local requirements and standards concerning stormwater discharges and discharges to or consumed on sewage treatment works, including, without limitation, any pre-treatment requirements. 14.5 Redhook acknowledges that PDA is a party to a Wastewater Disposal and Water Service Agreement, and a Wastewater Disposal and Water Service Facilities Sublease and License Agreement and a Wastewater Disposal and Water Facilities Transfer Agreement with the Premises City of Portsmouth (collectively the "ServicesWater Agreements") pursuant to which PDA has agreed to convey to the City of Portsmouth all subsurface water rights transferred to FDA pursuant to the Master Lease. Subject to the provisions of the Water Agreements, Redhook shall have the right, further subject to obtaining all required governmental approvals and permits and complying with all taxesapplicable governmental permits, levieslaws, fees or surcharges thereforordinances, and regulations, to drill ▇▇▇▇▇ for irrigation purposes only on the Subleased Premises. 14.6 The Parties acknowledge that the existing Wastewater Treatment Facility at ▇▇▇▇▇ (the "▇▇▇▇▇ WWTF") is inadequate to accommodate Redhook's contemplated development of the Subleased Premises and that, in satisfaction of the applicable condition of the Site Review approval issued under the PDA Land Use Controls, PDA and Redhook have entered into a Site Review Agreement (to which the City of Portsmouth is also a party), that requires substantial improvements to the ▇▇▇▇▇ WWTF. Tenant The required improvements are set out in the Camp, Dresser, ▇▇▇▇▇ Report dated March 15, 1995, (the "CDM Report"), a copy of which is attached as Exhibit C-1. All improvements to the ▇▇▇▇▇ WWTF required to comply with the Site Review Agreement, as specified in the CDM Report, shall arrange for Services be implemented as follows: (i) PDA will provide initial financing to cover the costs of design and construction of said improvements over and above the One Million Dollars ($1,000,000) contribution of Redhook required to be supplied to made under Subsection (iii), below; (ii) PDA shall undertake the Premises design and construction of said improvements and shall contract for all exercise best efforts to complete such work on a schedule -27- that will allow Redhook to utilize the ▇▇▇▇▇ WWTF at an average daily volume not to exceed the following levels 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 discharge 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.designed milestone date:

Utilities. Landlord Tenant agrees to provide, at its cost, water, electricity pay as and telephone service connections into when the Premises; but Tenant shall pay same become due and payable during the Lease Term Term, all water rents, rates and prior charges, all sewer rents and all similar charges assessed or charged to delinquency the Premises during the Term, all charges for waterelectricity, gas, light, heat, powersteam, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer hot water 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 supplied to the Premises during the Term, together with the cost of repair, maintenance, replacement and shall contract for reading of all of the Services in meters measuring Tenant's name use or consumption thereof, whether supplied by Landlord or by a public or private utility company. The costs for any usage of such utilities by Tenant prior to the Commencement Date. The Commencement Date shall be pro rated based on estimated usages, in such manner as the parties reasonably may agree upon. It is acknowledged that Landlord does not have any obligation to provide any of such utility services and in no event shall Landlord be delayed by reason responsible or liable for the failure of Tenant to receive or for fluctuations in the supply of any utility service, nor shall Tenant be entitled to any cessation, abatement, reduction or other offset of Rental in the event of any failure to receive any utility service unless due to or caused by the act or omission of Landlord, in which case the Fixed Rent and Additional Rental shall equitably abate to the extent and for the pe▇▇▇▇ during which the Premises are rendered untenantable. If Landlord shall have caused the failure to receive any utility service, to the extent Tenant to so contract for Services. In the event that any receives insurance proceeds on account of the Services cannot be separately billed or metered to the PremisesRental, 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 denial of any such service, Tenant agrees to credit such proceeds against the abatement provided for herein but this provision shall only be applicable to the acts or negligence or willful misconduct omissions of Landlord for a period of forty-eight (48) consecutive hours during the Lease Termand its agents, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment contractors 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 restoredsubcontractors.

Utilities. Landlord 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, all gas, light, heat, power, electricity, telephone or and other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed utilities used on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforby Tenant. 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 Landlord will allow Tenant to use the water from their well (and in accordance with the last sentence of this section, grants Tenant an easement for said use), free of charge, for the hotel/casino, and in lieu of payments for water, Tenant will maintain the well and water tower. Landlord reserves (i) the right to sell water to other users so contract long as Tenant has sufficient water for Services. In the event that its hotel/casino and any of the Services cannot be separately billed or metered to other operations upon the Premises, or if any and (ii) reserves to itself a non-exclusive access easement across the property more particularly identified as Parcel I and described on Exhibit E hereto to the water tower property (which property is identified as Parcel H and described on Exhibit F hereto) for ingress and egress to the water tower property (provided that, upon completion of the Services are not separately metered as restoration of the Commencement Dateparking area the parties agree to revise the legal description of this easement so that the access easement follows the ingress and egress routes in said parking area and causes the least practicable interference with the parking spaces in the parking lot). Should Tenant exercise the Option, the cost of such Services tower and water well shall be an Operating Expense and Tenant shall pay excluded from the sale; provided that, concurrent with any such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services purchase there 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 granted to Tenant and 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 successor owner of the Premises (as reasonably determined including any transferee by foreclosure or deed-in-lieu of foreclosure of any mortgagee), and Landlord does hereby grant, an irrevocable easement and right of access and prior right to use free of charge the well, water tower and said water for its hotel/casino and other operations at the Premises (provided, that, if Tenant shall thereafter sell the Premises to a third party (which shall not be deemed to include any transfer by foreclosure or deed-in-lieu of foreclosure by any mortgagee of Tenant nor its assignee), such third party transferee shall be required to pay such water at rate which is from time to time charged in ▇▇▇▇▇▇▇ County for commercial users of water in the county) and a right of first refusal to purchase the well and water tower upon any sale or transfer, directly or indirectly, of the well and/or water tower. Such easement shall run with the land and shall otherwise be in form and substance acceptable to Tenant. (Tenant shall have the right to match any offer received by Landlord on the same terms as offered to Landlord; provided, that, should Tenant decline the offer, and the terms of the offer change in any material respects or the offer not close within 90 days thereafter, Landlord shall re-offer to Tenant the right of first refusal). Landlord shall notify Tenant of any offers and all such offers shall be bona fide third party offers. Tenant shall continue to maintain the well and the water tower following the closing of the purchase transaction in connection with the exercise of the Option. In connection with the water well and water tower, Landlord does hereby grant to Tenant) , during the Term and following such fortythe exercise of the Option, a non-eight (48) hour period until such Services are restoredexclusive easement over, under, above and across the water tower parcel identified as Parcel H and described on Exhibit F so that Tenant may use the water and maintain the well and water tower in accordance with the terms hereof.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but (a) Tenant shall pay during for the Lease Term and prior to delinquency use of all charges for waterelectrical, gas, light, heat, power, electricity, telephone or water and other communication service, janitorial service, trash pick-up, sewer and all other services supplied utility service to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforLeased Premises. Tenant shall arrange for Services be billed directly by each such utility (except water which may at Landlord’s election be separately metered and billed to be supplied Tenant) and Tenant agrees to the Premises and shall contract for all of the Services pay each such ▇▇▇▇ promptly 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 Servicesaccordance with its terms. 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 any excessive use of water nor shall Tenant use water for purposes other than drinking, lavatory, toilet purposes or other common purpose 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 reasonable rates fixed by Landlord, and, in Paragraph 12 belowconnection therewith, except Landlord may require tenant at Tenant’s 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 Tenant's proportionate share 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 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 never be deemed to constitute an eviction 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 disturbance 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 ’s use and possession of the Leased Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredor relieve the Tenant from paying rent or performing any of its obligations under this Lease.

Utilities. Landlord agrees Present employees carrying classification in this area (present rate per hour) will be reclassified as an Assistant Engineer, Phase under the Collective Agreement and will be paid at a rate of per hour. Thereafter, incumbentsmust obtain Class Provincial ticket or with proper Steam ticket qualifications, be appointed to providethe Assistant Engineer key to for and receive a higher rate of pay. Present employees carrying Assistant Engineer classifi- cation (present rate per hour) will be reclassified as Assistant Engineer Phase and be paid at a rate of per hour in accordance with the new Collective Agreement. Incumbentsmust complete Phase and of the Utilities Training Program or with proper Steam ticket qualifications, at its cost, water, electricity be appointedto Assistant Engineer key to qualify for and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior receive a higher rate of pay. Present employees carrying Assistant Engineer classifi- cation (present rate per hour) will continue 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 be classified as Assistant Engineer Only employeesfilling a permanentAssistant Engineer key 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 date of signing of the Services in Tenant's name prior CollectiveAgreement will qualify for and receive the hourly rate. All future appointmentsto the Assistant Engineer permanentkey must havesuccessfullycomplet- ed Phases and of the Training Program to qualify for and receive the Commencement Dateper hour rate. The Commencement Date shall not parties agree to co-operate fully in the implementationof the Operations DepartmentsTraining Programsandto sign any addi- tional which may be delayed by reason required to confirm their agree- ment as recorded herein. Accepted and Agreed this day of any failure by Tenant June, Per: Per: ▇▇▇▇▇ ▇▇▇▇, Manager Overtime work will be distributed as fairly as possible among employees who are qualified and available 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 perform such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rentwork, as provided in Paragraph 12 belowArticle taking into consideration the specific skills, except that Tenant's proportionate share experience and personal convenience of employees. New hires, when they become fully orientated and familiar with refinery operating procedures, will be assigned “average overtime hours” for their department. This orientationperiod may extend up to days, during which new hires will not be eligiblefor call-ins. Overtime offered and refusedwill be credited as overtime worked for purposes of distribution. Overtime will then be offered to the eligible employee with next lowest overtime accumulation. To facilitate record-keeping, employees who are contacted and have refused such Services shall work or who cannot be contacted by telephone will be credited with an agreed-to number of hours. For the percentage obtained by dividing purpose of overtime distribution, “Craft Employee Over- time Standing” lists showing each employee’s cumulative over- time opportunities (i.e. actual hours worked plus hours will normally be posted every one week. These lists will be used to assign overtime. Should overtime work be necessary, and insufficientcraftsmenin the gross leasable square footage contained required trade are available, it is understoodthat thecraftsman with the lowest cumulative overtime opportunities will, if request- ed, be expected to work. PROCEDURE FOR ASSIGNMENT OF OVERTIME OPPORTUNITIES Except 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 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 Maintenance Employees assigned to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to (see Letter of Agreement dated November the Premises procedure for assignment of overtime opportunitiesin the Mainte- ▇▇▇▇▇ Department will be 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.follows:

Utilities. Landlord Tenant agrees to provideconnect to and use the utilities (including electricity, 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, lightcooling and/or heating system, telephone and any other utility) supplied to the Leased Premises in accordance with the criteria set forth in the Exhibits attached to this Lease, Landlord's schedule of mechanical and electrical design criteria, Landlord's rules and regulations, and the rules and regulations of the utility companies supplying the service. Tenant shall be solely responsible for and promptly pay all costs and charges, including installation thereof where applicable, for all water, gas, cooling, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied utilities provided or used in or at the Leased Premises, commencing with the Delivery of Possession Date and continuing throughout the Term of this Lease. If Landlord shall elect to supply any of the utilities used upon or consumed furnished to the Leased Premises, Tenant agrees to pay Tenant's share of Landlord's hard and soft costs associated with the installation, operation, maintenance and repair of such utility systems, based on the Premises (collectively the "Services") Tenant's estimated usage and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services its pro rata share of such hard and soft costs as reflected on a monthly invoice to be supplied to the Premises and provided by Landlord; provided, however, in no event shall contract for all of the Services in Tenant's name prior to total charges for utilities provided by Landlord exceed what Tenant would be charged by the Commencement Datelocal utility company if it were billed directly by such utility as a direct retail customer. The Commencement Date Landlord shall not be delayed by reason liable to Tenant for any loss, damage or expense which Tenant may sustain if the utilities, or 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 utilities used upon or metered furnished to the PremisesLeased Premises are no longer available or suitable for Tenant's requirements, 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 supply 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 such utility ceases or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises is interrupted as a result of the acts any cause and no such change, interruption or negligence cessation of service shall constitute an eviction of Tenant. Any furnishing by Landlord of light, cooling and/or heat or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder power shall be equitably abated conditioned upon the availability of adequate energy sources. Landlord shall have the right to reduce heat, lighting and air conditioning within the extent such curtailment Shopping Center, including, without limitation, the Leased Premises and the common areas, as required by any mandatory 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 restoredvoluntary fuel or energy saving allocation, or any similar statute, regulation, order or program.

Utilities. Landlord agrees to provide(a) Throughout the Term, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during as Additional Rent and discharge all rates and charges (the Lease Term and prior to delinquency all charges “Charges”) for electric charges, air-conditioning, ventilation, water, gas, light, heat, power, electricitytelephone, telephone or television and other communication service, janitorial service, trash pick-up, sewer public utilities and all other services supplied to or consumed used on or in connection with the Premises or in connection with the business or occupation of the Tenant (collectively the "Services"“Utilities”) and indemnify and keep indemnified the Landlord and the Premises from and against any and all taxesClaims in respect thereof. (b) If the Premises are separately metered for any Utilities, levies, fees or surcharges therefor. then the Tenant shall arrange shall: (i) cause the account for Services each of the separately metered Utilities to be supplied registered in the name of the Tenant throughout the Temi by no later than the earlier of the Commencement Date and the date that the Tenant takes possession (exclusive or non-exclusive) of the Premises; (ii) pay all such Utilities to the Premises and shall contract for all relevant utility supplier by the relevant due date; and (iii) provide the Landlord with copies of the Services in bills for the Utilities within [*****] Business Days following the Tenant's name prior ’s receipt of a written request, from time to time, from the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In Landlord. (c) If the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services Premises are not separately metered for any Utilities, then the Landlord will make an equitable allocation of the Utilities, as determined by the Landlord, acting reasonably, among the tenants of the Building and the Tenant will pay for the costs of such Utilities (together with the costs incurred by the Landlord in determining or allocating the Utilities) allocated to it. The Landlord will estimate such Utilities payable by the Tenant for a period no greater than [*****] months and the Tenant shall pay to the Landlord as Additional Rent, one-twelfth of such estimated payments in advance during such period together with the monthly instalments of Minimum Rent. The Landlord may revise such estimate from time to time. (d) Notwithstanding any other provision of this Lease, the Tenant shall commence paying the Charges for all Utilities consumed upon the Premises commencing on the earlier of the Commencement Date, the cost of such Services shall be an Operating Expense Fixturing Period and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except the date 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 possession of the Premises (as reasonably determined by Landlord and which need not be exclusive) is given to the Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees to provide(a) Subtenant shall pay for all utilities, at its costincluding electricity, gas, water, electricity and telephone service connections into furnished to the Premises; but Tenant Sub-Sublease Premises as set forth herein. So long as utilities are billed by the Sublandlord or Master Landlord, directly or indirectly, to Sublandlord and, in turn, to the Sub-Sublandlord based upon the consumption measured to the Sublease Premises subject to the ▇▇▇▇▇▇-▇▇▇▇▇▇ Sublease, and so long as the square footage of the Sublease Premises and the Sub-Sublease Premises remain unchanged, Subtenant shall pay during the Lease Term and prior to delinquency all charges Sub-Sublandlord 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 such utilities 49.58% of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed amount paid by reason of any failure by Tenant to so contract for ServicesSub-Sublandlord. In the event that any the square footage of either the Sublease Premises or the Sub-Sublease Premises changes, this percentage shall change proportionately. (b) Sub-Sublandlord shall supply Subtenant with electricity to the Sub-Sublease Premises to the same extent and subject to the terms and conditions set forth in Paragraph TENTH of the Services cannot Master Lease; provided however, that Sub-Sublandlord shall have no liability for failure to deliver electricity to Subtenant unless such failure is due to Sub-Sublandlord’s intentional act. If Subtenant shall desire any change or increase in the nature or any such utility services, Sub-Sublandlord’s sole obligation shall be separately billed to use reasonable efforts to cause the Master Landlord to provide such changes in such utility services requested by Subtenant, and Subtenant, shall, on demand, pay or metered reimburse Sub-Sublandlord for all reasonable costs, charges or expenses incurred by Sub-Sublandlord in causing Master Landlord to provide such services and in the cost for providing such services. Sub-Sublandlord shall have no obligation to alter existing lines or equipment providing distribution of electricity throughout the Sub-Sublease Premises. Subtenant shall be solely responsible for any alterations to the Premises, existing lines or if any of equipment made necessary by Subtenant’s alterations to 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 Sub-Sublease Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services otherwise required 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 Subtenant’s particular use of the Sub-Sublease Premises; provided however, that any such alterations shall be subject to the prior approval of Sub-Sublandlord, Sublandlord and Master Landlord in accordance with Paragraph 9 below. (c) The term Sub-Sublease Premises (as reasonably determined by Landlord used in this Article 4A shall refer to both the Original Sub-Sublease Premises and Tenant) following such fortythe Additional Sub-eight (48) hour period until such Services are restoredSublease Premises.”

Utilities. Landlord Lessor agrees to provide, at its cost, provide normal water, electricity electricity, and telephone service connections into to the Premises; but Tenant Premises upon the commencement date hereof, which connections, regardless of location, shall hereafter be maintained by Lessee. Lessee 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 serviceat the Premises, janitorial serviceand any maintenance or inspection charges for utilities. Lessor shall have the right to cause any of said services to be separately metered to Lessee, trash pick-up, sewer and all other services supplied to at Lessee's expense. Lessor shall not be liable for any interruption or consumed failure of utility service on the Premises unless caused by Lessor's gross negligence or willful misconduct, in which event Base Rent shall be abated for the period commencing after the expiration of ten (collectively 10) business days following the "Services"occurrence of such interruption or failure of utility service, within which ten (10) and all taxes, levies, fees or surcharges therefor. Tenant business day period Lessor shall arrange for Services be entitled to be supplied attempt 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 Servicesrestore such service without rent abatement. In the event that any the Premises shall constitute a portion of the Services cannot be separately billed or metered to the Premises, or if any of the Services are a multiple-occupancy building and water is not separately metered to Lessee, Lessee agrees that it will not use water for uses other than normal domestic restroom and kitchen usage; and Lessee does further agree to reimburse Lessor for the entire amount of common water costs as additional rental if, in fact, Lessee uses water for uses other than normal domestic restroom and kitchen uses without first obtaining Lessor's written permission. Furthermore, Lessee agrees in such event to install at its own expense, a submeter to determine Lessee's usage. If the Premises shall constitute a portion of a multiple occupancy building, Lessee agrees it will not use sewer capacity for any use other than normal domestic restroom and kitchen use. Lessee further agrees to notify Lessor of any other sewer use ("EXCESS SEWER USE") and also agrees to reimburse Lessor for the Commencement Datecosts and expenses relating to Lessee's excess sewer use, which shall include, but is expressly herein not limited to, 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 Tenantservice Lessee'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 Subject to the provisions of Section 1 of the Work Letter Agreement, from and after the date of this Lease, ▇▇▇▇▇▇▇▇ agrees that it will cause to be made available to Tenant upon or adjacent to the Premises, facilities for the delivery to the Premises of water, electricity, and telephone service, and for the removal of sewage from the Premises. ▇▇▇▇▇▇ agrees to use such utilities in connection with the use of the Premises. Such utilities may be separately metered at Landlord's option, in which case, Tenant shall make payment directly to the entities providing such utilities and services. Tenant agrees, at its own expense, to pay for all water, sewer, trash, electric current, and all other utilities used by Tenant on or from the Premises from and after the commencement of Tenant's Work, and Tenant agrees to provide, at its costTenant's sole cost and expense, 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 any check meters of the Services in Tenant's name prior to type required by Landlord or the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Servicesappropriate governing authority. In the event that any utilities are furnished to the Premises by Landlord, whether sub-metered or otherwise, then and in that event, Tenant shall pay Landlord for such utilities, but the rates charged to Tenant by Landlord shall not exceed those of the Services cannot be separately billed or metered public utility company furnishing same to the Premises, or Landlord as if its services were being furnished directly to Tenant. Where any of the Services such utilities are not separately metered as of the Commencement Datemetered, Landlord shall pro-rate same on an equitable basis. Landlord may pro-rate the cost of such Services shall be an Operating Expense water service among Tenant and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share the other tenants of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises Project serviced by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage applicable meter based on the number 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 fixture units attributable to the Premises over the total number of fixture units serviced by the applicable meter (as a result of defined in 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 Nevada Building Code and/or applicable state and/or county codes). Notwithstanding anything contained herein to the extent such curtailment or suspension of Services interferes with Tenant's use of contrary, Tenant shall reimburse Landlord in full for the total costs and expenses relating to the monthly HVAC maintenance contract for the HVAC services for the Premises (and the ▇▇▇▇▇ County sewer fees, with such monthly reimbursement to be paid to Landlord by Tenant in the same manner as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredthe Rent.

Utilities. Landlord agrees to provide, at its costModifying Article 18 of the ▇▇▇▇▇▇▇▇▇: (i) Subtenant shall be responsible for paying all charges for gas, 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, powersewer, electricity, telephone heat or other communication service, janitorial service, trash pick-up, sewer and all other services utility or service 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 Building and the Land relating to Subtenant's use and any cost of repair, maintenance, replacement and reading of any meters measuring consumption, if any applicable. The usage of electricity and gas are currently separately metered for the Sublease Premises by gas meter number 2209067 and electric meter number 598001407. Additionally, the usage of domestic and fire protection water services are currently separately metered for the Sublease Premises by water meter numbers 88230613 and 28606257. As of the Services are not separately metered as date of commencement of this Sublease, Subtenant shall assume the accounts corresponding to these respective meters and pay the respective utility companies promptly for all charges billed. Subtenant shall be responsible for paying to Sublandlord 84.6% of the Commencement Datesewer charges and any other utility charges attributable to the Subtenant's usage which are incurred for the Building and the Land within twenty (20) days of Sublandlord's delivery of a ▇▇▇▇ therefor. Provided Sublandlord receives payment from Subtenant as described herein, the cost of such Services shall be an Operating Expense and Tenant shall Sublandlord agrees to 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 sewer and other utility charges for which it is responsible hereunder for the percentage obtained by dividing Building and Land within the gross leasable square footage contained in the Premises time periods required by the total gross leasable square footage located in all buildings utilizing such Servicesutility companies. The lack or shortage of any Services due to any cause whatsoever Provided Sublandlord receives payment from Subtenant as described herein, Subtenant shall not affect be responsible for 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 fines or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises penalties for late payments as a result of Sublandlord's failure to pay such utility charges in a timely manner. Subtenant expressly agrees that Sublandlord shall not be responsible for the acts failure of supply to Subtenant of any of the aforesaid, or negligence any other utility service. Sublandlord shall not be responsible for any public or willful misconduct of Landlord for a period of forty-eight private telephone service to be installed in the Sublease Premises, particularly conduit if required. (48ii) 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 TenantSubtenant's use of electric energy in the Sublease Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Sublease Premises which is currently 3,000 amps, 480 volt, 3 phase. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Subtenant shall not, without Sublandlord's prior consent in each instance, (as reasonably determined which shall not be unreasonably withheld) connect any fixtures, appliances or equipment to the Building's electric distribution system of the Sublease Premises existing on the date hereof. Should Sublandlord grant such consent, all additional risers or other equipment required thereof shall be provided by Landlord Sublandlord and Tenant) following such forty-eight (48) hour period until such Services are restoredthe cost thereof shall be paid by Subtenant to Sublandlord on demand.

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. Landlord agrees to provide5.01 Tenant shall provide and pay for heat, at its costelectricity, air conditioning, alarm, sprinkler, oil, gas, water, electricity sewer, 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 any and all other services supplied and utilities ("Utilities") for the Demised Premises, and Landlord shall not be required to furnish, or consumed be liable for any interruption of, any services, utilities or facilities to, or about, the Building. As part of Tenant's Work; Tenant shall, at Tenant's cost and expense, cause to be installed in the Demised Premises sprinkler and mechanical rooms for the Demised Premises, a new heating, ventilating and air-conditioning unit on the roof of the Building to service the Demised Premises, new meters and separate service from the utility companies to such meters, to measure the consumption of all Utilities in the Demised Premises (collectively the foregoing work in this sentence is called "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 PremisesUtilities Work"), 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 the charges of all Utilities consumed directly to Landlordthe utility or other company supplying the same. In addition, Tenant shall as Additional Rent, as provided in Paragraph 12 below, except that part of Tenant's proportionate share of such Services shall Work, at Tenant's cost and expense, cause to be installed within and throughout 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 hereunderDemised Premises, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunderconnected to Tenant's Utilities Work, 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 Utilities work necessary 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 Demised Premises. None of the existing Utilities or meters in the Building shall be available for use by Tenant. In that regard, and prior to commencing other Tenant's Work, Tenant shall, at Tenant's cost and expense, cause the Utilities to be separated from those used for other space in the Building. Tenant shall not make any installations, alterations, additions or changes to the Utility equipment or systems in the Building without prior written consent of Landlord in each such instance, which consent shall not be unreasonably withheld. Tenant shall comply with the rules and regulations applicable to the service, equipment, wiring and requirements of Landlord and of the companies supplying utilities to the Building. Tenant agrees that its use of Utilities in the Building will not exceed the capacity of existing feeders to the Building or the risers, wiring and piping installations therein, and Tenant shall not use any Utility equipment which, in Landlord's reasonable judgment, will overload such installations or interfere with the use thereof by other Tenants in the Building. If, in Landlord's or Tenant) following such forty-eight (48) hour period until such Services are restored's judgment, Tenant's Utility requirements necessitate installation of additional risers or other proper and necessary equipment or services, the same shall be provided or installed by Tenant at Tenant's expense.

Utilities. Landlord agrees Prior to providethe Delivery Date, Tenant shall cause all of the Utility Expenses (hereinafter defined) to be placed in Tenant's name with the invoices sent directly to Tenant at its cost, water, electricity and telephone service connections into the Premises; but . Tenant shall pay during directly to the Lease Term appropriate utility company or similar entity the cost of all water, sewer use, sewer discharge fees and prior to delinquency all charges for watersewer connection fees, gas, light, heat, power, electricity, telephone or other communication servicerefuse pickup, janitorial service, trash pick-uptelephone, sewer telecommunications and all other services supplied to or consumed on the Premises utilities (collectively collectively, the "ServicesUtility Expenses") and all taxes, levies, fees billed or surcharges therefor. Tenant shall arrange for Services to be supplied metered separately to the Premises and shall contract for all and/or Tenant during the Term of the Services in Lease and during the period of Tenant's name occupancy of the Premises prior to the Commencement Date. The Commencement Date Tenant shall not also pay any and all assessments or charges for utility or similar purposes included within any tax b▇▇▇ for the Lot on which the Building is situated, including without limitation, entitlement fees, allocation unit fees and/or any similar fees or charges. Upon Landlord's request, Tenant shall promptly deliver to Landlord written evidence of Tenant's payment of the Utility Expenses. Tenant acknowledges that the Premises may become subject to the rationing of water or restrictions on water use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Notwithstanding any such rationing or restrictions on use of any such water, Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be delayed subject to such rationing restrictions as may be imposed upon Landlord, Tenant, the Premises or the Park, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any failure by such rationing or restrictions. Tenant further agrees to so contract for Services. In the event that timely and faithfully pay, prior to delinquency, any of the Services cannot be separately billed amount, tax, charge, surcharge, assessment or metered to imposition levied, assessed or imposed upon 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 and occupancy thereof by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoreda public utility company, governmental agency, taxing authority or similar entity having jurisdiction thereof.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but (a) Tenant shall pay have access to the Demised Premises 24 hours per day, 7 days per week. Landlord shall provide Tenant with HVAC during the Lease Term Building Hours (Monday through Friday, 7:00 a.m. to 7:00 p.m. and prior Saturdays, 7:00 a.m. to delinquency all charges for water1:00 p.m., gaswith the following holidays excepted: New Years Day, lightPresidents Day, heatGood Friday, powerMemorial Day, electricityIndependence Day, telephone Labor Day, Thanksgiving Day and Christmas Day). If Tenant requests any 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 above services outside of Building Hours, the same shall be provided upon advance notice at a cost as follows: (i) during the first, through, to and including the fifth year of the initial term of this Lease, the sum of $30.00 per zone per hour; and (ii) during the sixth, through, to and including the tenth year of the initial term of this Lease, the sum of $34.50 per zone per hour. Notwithstanding anything to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Servicescontrary contained herein, however, the parties hereto hereby acknowledge that the foregoing fees are based upon current utility charges. In the event of a material increase in utility charges, said increase shall be paid by Tenant. (b) In the event that any of the Services cannot Demised Premises are separately metered, Tenant shall be separately billed or metered responsible for payment for its electrical usage directly to the Premises, or if any of utility company. In the Services event the Demised Premises are not separately metered as of the Commencement Datemetered, Tenant shall reimburse Landlord for its electrical usage pursuant to an energy survey, to be performed (no more than once per Lease year) by an energy survey company chosen by Landlord, at Tenant's sole cost and expense. However, the cost of such Services said energy survey shall be an Operating Expense reasonable and standard in the industry. The parties hereto hereby agree that, until the energy survey has been conducted, 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 reimburse Landlord for a period its electrical usage at the rate of forty-eight $1.25 per rentable square foot per annum, payable monthly. (48c) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder Landlord shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises provide (as reasonably determined by Landlord i) janitorial services five (5) nights per week; (ii) elevator service; and Tenant(iii) following such forty-eight (48) hour period until such Services are restoredsnow removal.

Utilities. Landlord agrees to provideshall furnish the Premises with electricity at all times and heating and air conditioning for the normal use and occupancy of the Premises as general offices between 8:00 a.m. and 6:00 p.m., Monday through Friday and between 8:00 a.m. and 1:00 p.m. Saturday of each week during the Term (legal holidays excepted). Such of the foregoing services as Tenant may desire at other times shall be supplied by Landlord, upon reasonable prior notice, at its cost, water, electricity and telephone service connections into such rates as Landlord shall establish from time to time for office tenants of the Premises; but Building. If Tenant shall pay during the Lease Term and prior require electricity or install electrical equipment, including, but not limited to delinquency all charges for waterelectrical heating, gasrefrigeration equipment, lightelectronic data processing machines, heatcomputers (other than personal computers or word processors), power, electricity, telephone or other communication servicemachines or equipment which will in any way increase the amount of the electricity usually furnished for use as general office space, janitorial service, trash pick-up, sewer and all other services supplied or if Tenant shall attempt to or consumed on use the Premises in such a manner that the services to be furnished by Landlord would be required during a period other than or in addition to the business hours referred to above, Tenant will obtain prior written approval therefor from Landlord (collectively and Landlord may require the "Services"installation of a separate sub-meter) and all taxeswill pay for the resulting additional direct expense, leviesincluding the expenses resulting from the installation of such equipment and meters and from any modifications to the electrical system of the Building which Landlord deems necessary, fees as additional rent promptly upon being billed therefor. Landlord shall provide water from City of Indianapolis mains for drinking, lavatory and toilet purposes drawn through fixtures installed by the Landlord, or surcharges thereforby the Tenant with Landlord's written consent, from regular Building supply at the prevailing temperature. Tenant shall arrange for Services to be supplied not waste or permit the waste of water. Landlord shall further provide adequate operatorless passenger elevator service at all times and freight elevator service subject to the Premises and scheduling by Landlord. Landlord shall contract for all of the Services in replace, at Tenant's name prior to the Commencement Dateexpense, all light bulbs, tubes and ballasts. The Commencement Date shall Landlord does not be delayed by reason of any failure by Tenant to so contract for Services. In the event warrant that any of the Services cannot services referred to above or any other services which Landlord may supply will be separately billed free from interruption. Tenant acknowledges that any one or metered more of such services may be suspended by reason of accident or of repairs, alterations or improvements necessary to be made, or by reason of causes beyond the reasonable control of Landlord and any such interruption of service shall never be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof or render Landlord liable to Tenant for damage by abatement of rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Lease, however, if such services are interrupted for thirty (30) consecutive days and Tenant is unable to conduct business from the Premises, or if any minimum rent shall abate until the servic▇ ▇▇ restored. Landlord agrees to use reasonable care and to exercise due diligence with respect to avoiding interruption of the Services services above provided for and, if interrupted, agrees that it will be for as short a period as possible, and all repairs will be promptly and diligently made at such times as will not unduly interfere with the occupancy and use of the Premises by Tenant. If at any time during the Term utility services supplied to the Property are not separately metered as of for the Commencement DatePremises, the cost of such Services separately metered utility service shall be an Operating Expense and paid by Tenant shall pay promptly upon being billed therefor, whether such cost billing be by Landlord or the utility company. The charge to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services Tenant by Landlord for electricity consumption shall be the percentage obtained same retail rate which would be payable if Tenant purchased electricity directly from the utility company, including applicable taxes and fuel adjustment charges. Tenant shall not place a load upon any floor of the Premises which exceeds the load per square foot which such floor was designed to carry and which is allowed by dividing law. Landlord reserves the gross leasable square footage contained right to prescribe in a reasonable manner the weight and position of all safes and heavy installations which Tenant wishes to place in the Premises so as to properly distribute the weight thereof. Any cost of structural analysis shall be borne by Tenant. Business machines and mechanical equipment belonging to Tenant which cause unreasonable noise or vibration that may be transmitted to the total gross leasable square footage located in all buildings utilizing such Services. The lack structure of the Building or shortage of any Services due to any cause whatsoever leased space to such a degree as to be objectionable to Landlord or to any tenants in the Building shall be placed and maintained by Tenant, at Tenant's expense, on vibration eliminators or other devices sufficient to eliminate such unreasonable noise or vibration. All charges for any services shall be deemed rent reserved under this Lease and shall be due and payable at the same time as the installment of rent with which they are billed, or, if billed separately, shall be due and payable within ten (10) days after such billing. In the event Tenant shall fail to make payment for such services, Landlord may, in addition to all other remedies which Landlord may have for the non-payment of rent and without notice to Tenant, discontinue any and all such services, and such discontinuance shall not affect be held or pleaded as an eviction or as a disturbance in any obligation manner whatsoever of Tenant's possession, or relieve Tenant hereunderfrom the payment of rent when due, and Tenant shall faithfully keep and observe all the terms, conditions and covenants or vary or change any other provision of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, render Landlord agrees that if Services are curtailed or suspended to the Premises as a result liable for damages 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 restoredany kind whatsoever.

Utilities. Landlord agrees to provideDuring the Lease Term, at its costTenant shall pay for all electricity, heat, air-conditioning, water, sewage, janitor service, garbage disposal and other utilities or services required by it in the use of the Demised Premises. Landlord may elect to furnish any such utilities or services to Tenant, or may contract with a third party to provide such utilities and services to Tenant, in which event Tenant agrees to purchase the same from Landlord or Landlord's designee provided that Landlord or Landlord's designee shall not charge more for those services than the consumer rate that would be charged by the public service corporation, municipal authority or other entity, as the case may be, supplying similar services to a similar sized commercial customer in the area in which the Demised Premises are situated. In addition, Landlord may elect to furnish heat and air-conditioning to the Demised Premises by a central system serving other parts of the Shopping Center, in which event Landlord will pay for the cost of utilities incurred in providing heating and air-conditioning and for all repairs and replacements necessary to maintain the equipment (excluding any repairs which are the obligation of Tenant pursuant to Paragraph 8), and Tenant will pay to Landlord in monthly installments for such heating and air-conditioning, as additional rent, a sum determined on such reasonable and non-discriminatory basis as Landlord may prescribe. Landlord reserves the right thereafter to discontinue the use of said central system. Should Landlord elect to install such system, Tenant agrees, at Tenant's expense, to connect Tenant's equipment to Landlord 's system. Landlord may elect to supply Tenant with electricity for lighting and telephone service connections into the Premises; but miscellaneous power needs, in which event Tenant shall will pay during the Lease Term and prior to delinquency all charges Landlord in monthly installments for water, gas, light, heat, power, such electricity, telephone or other communication serviceas additional rent, janitorial service, trash pick-up, sewer a sum determined in accordance with Exhibit F which is designated "Energy Service and all other services supplied to or consumed on the Premises (collectively the Energy Charges"Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services agrees to be supplied to operate any separate heating and air-conditioning unit in the Demised Premises and shall contract for during all of the Services in hours that Tenant's name prior to store is open for business and during all hours that the Commencement Date. The Commencement Date heat and air-conditioning units for the enclosed mall area are in operation, but in no event later than 10:00 p.m. or earlier than 8:00 a.m. Landlord shall not be delayed by reason liable to Tenant for any damages should the furnishing of any failure utilities by Landlord be interrupted or required to be terminated because of necessary repairs or improvements or any cause beyond the reasonable control of Landlord. Nor shall any such interruption or cessation relieve Tenant to so contract for Services. In from the event that performance of 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 termscovenants, conditions and covenants agreements under this Lease. However, in the event it becomes reasonably necessary- for Tenant to cease operating its business within the Demised Premises for a period 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 time in excess of three (3) consecutive business days as a result of the acts any interruption or negligence termination in any utilities 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 services required to be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined furnished by Landlord and Tenant) following in the further event that such forty-eight (48) hour period interruption or termination is due to the fault or negligence of Landlord or due to repairs, installations or improvements which are the responsibility of Landlord, then Guaranteed Minimum Rent and other charges under this Lease shall thereafter ▇▇▇▇▇ until such Services services or utilities are restored.

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 therefortelephone. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services open an account in Tenant's its own name prior to on or before the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In Notwithstanding the event that any of the Services cannot be separately billed or metered to the Premisesforegoing, 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 electric and/or natural gas service is not separately metered for the Demised Premises Tenant shall pay such cost to Landlord, as Additional Rentadditional rent, within ten (10) days of Landlord?s invoice thereof, a prorata share of the electricity and/or natural gas charges as measured by the meter servicing the Demised Premises (such prorata share to be calculated based upon the portion of the area served by such meters represented by the Demised Premises). In the event Tenant fails to open an account in its own name with the electric and/or natural gas utility company as of the Commencement Date (or as of the date that the Demised Premises becomes separately metered, if later than the Commencement Date), Tenant shall reimburse Landlord for the utility charges incurred by Landlord in providing service to the Demised Premises prior to the date the accounts have been transferred and shall pay Landlord's administrative fee of seven and one-half (7.5%) percent of the amount so due. Such sums shall be paid by Tenant as additional rent, within ten (10) days of Landlord's invoice therefor. Nothing in the foregoing shall be deemed to relieve Tenant from the obligation to transfer the accounts to its name or to prevent Landlord from terminating the utility service account in its name effective as of the Commencement Date or any date thereafter. (b) The parties hereby acknowledge and agree that the Demised Premises are not separately metered for water or for sprinkler supervisory service. In addition to the additional rent payable under Paragraph 47 below, Tenant shall pay to Landlord, as provided in Paragraph 12 belowadditional rent, except that within ten (10) days of Landlord's invoice therefor, Tenant's proportionate share Proportionate Share of such Services shall be Landlord's cost for water consumed at the percentage obtained by dividing Building and/or Real Property, for sprinkler supervisory service and for sewer charges, if any, assessed or imposed against the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such ServicesBuilding and/or Real Property. The lack or shortage of any Services due to any cause whatsoever Tenant 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 use water 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 restoredother than normal lavatory purposes.

Utilities. Landlord agrees to provide, at its cost, shall furnish 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 serviceheating and air conditioning for the permitted use of the Premises, janitorial serviceand the cost thereof shall be included in Operating Charges. Heat and air conditioning service to the Building shall be provided at least Monday through Friday, trash pick-upholidays excepted, sewer and all other services supplied from 7:00 a.m. through 6:00 p.m. Landlord reserves the right to or consumed on install separate meters for any utility service provided to the Premises and Tenant agrees to pay Landlord for the cost of installation within ten (collectively the "Services"10) days after demand and all taxes, levies, fees or surcharges thereforthereafter to pay directly for such utility service as and when payments are due. Tenant shall arrange be responsible for Services to be supplied obtaining all other utility services to the Premises and shall contract pay for all such services as and when payments are due. Tenant shall not use any apparatus or device in the Premises which will in any way increase the amount of water or sewer used in the Services in Tenant's name Premises prior to the Commencement Date. Tenant agrees not to use any machine, apparatus or device which will require additional or unusual amounts of air conditioning and heating services without the prior written consent of Landlord. Landlord shall maintain the back-up generator currently located in the Building in order to provide at least 223 kilowatts of power to Tenant's information services, payroll and billing services in the Premises. If in an emergency situation back-up power is required and the generator fails to provide such power, Tenant shall contact Landlord by telephone with concurrent written confirmation to advise Landlord of the need for the repair, and if Landlord fails to promptly commence the repair and thereafter to proceed diligently to complete such repair, then Tenant may undertake the repair of the generator (the "Generator Repair Work") and shall have access to the generator and the electrical closets of the Building for such work provided that (i) any access and Generator Repair Work shall be performed only by Staff Electric Co. Inc. or other electrical contractor approved by Landlord, (ii) Tenant shall be responsible for and pay for any damage to the Building arising out of the Generator Repair Work and (iii) Tenant shall indemnify, defend and hold Landlord harmless from any claims, liabilities or damages arising out of the Generator Repair Work. The Commencement Date costs of the Generator Repair Work shall be paid by Landlord and may be included in Operating Charges subject to the provisions of Section 3.2. -10- No discontinuance of any utility service shall relieve Tenant from performing any of its obligations under this Lease, and Landlord shall not be delayed by reason liable for any discontinuation in or failure of any utility service, and no such failure by Tenant to so contract for Servicesor discontinuation shall be deemed a constructive eviction. In the event that Tenant's disproportionate use or timing of its use of any form of energy should subject the Services cannot be separately billed Building or metered Landlord to the Premisesany cost, fee or if any of the Services are not separately metered as of the Commencement Datetax, 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 reimburse Landlord for a period of forty-eight the same as additional rent within thirty (4830) consecutive hours during the Lease Term, then Tenantdays after Landlord'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▇▇▇▇ therefor.

Utilities. Landlord agrees to provide, Tenant at its cost, water, electricity sole cost and telephone service connections into the Premises; but Tenant expense shall obtain and promptly 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 installation of facilities and all utility, communication and other services supplied furnished to or consumed on the Premises (collectively the "Services") Property, including, but not limited to, electricity, cable, gas, water, sewer, stormwater, heat, cooling, telephone, janitorial, garbage collection, and all taxescharges related to any of these services, leviesincluding any tap-in, fees connection or surcharges thereforimpact fees. Tenant shall arrange for Services have the right, at its option, to be supplied repair and restore utility service to the Premises and shall contract for all Property as Tenant may deem necessary to reasonably conduct its business on the Property consistent with the permitted use of the Services Land. Landlord shall cooperate with Tenant, at Tenant’s expense, in all applications for utility service; and Landlord agrees to grant to utility providers any easements reasonably required for providing utility services required for 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 ’s use of the Services cannot be separately billed or metered to Land and 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 Project. Tenant shall pay such cost deliver written requests 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 together with a legal description of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderrequested easement, 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 provide sufficient advance notice of the acts or negligence or willful misconduct nature, scope and duration of Landlord any easements required 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 Land and the Project. Landlord will receive and process Tenant's requests for the grant of easements and invoice Tenant for all fees, costs and expenses related thereto in accordance with Landlord’s then-current standards, processes and procedures for such matters. Such easements granted by Landlord shall be non-exclusive. Landlord, at Tenant’s sole cost and expense, shall coordinate with Master Landlord and provide documents in forms acceptable to Landlord. Each easement shall (a) not materially impair the value, functionality, safety or remaining useful life of the USF Campus, any portion thereof, or any improvements, buildings and structures thereon, or materially increase the costs to operate, insure, maintain and repair of the foregoing; (b) be reasonably necessary for the use of the Land and the Project as permitted by this Sublease; (c) not cause any part of the USF Campus, the Land or the Project to fail to comply with the requirements of applicable Laws, Governmental Authorizations or USF rules, regulations or standards; and (d) be permitted by and subject to all recorded easements and other restrictions, encumbrances and agreements affecting the Land. Landlord shall have the right to change the locations of any such easements, as it sees fit in its sole discretion, as long as such changes do not materially impair Tenant) following ’s ability to construct, operation and maintain the Project for the permitted uses hereunder. No such forty-eight (48) hour period until such Services are restoredeasement granted to Tenant hereunder shall extend beyond the Term of this Sublease.

Utilities. In addition to the payment of the 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 or any telecommunications lines and/or conduits 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 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 installments 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 were 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 Utility Expenses, Common Area Utility Costs and all other sums or charges set forth in this Section 7 are considered part of Additional Rent. In addition to providethe Base Rent set forth in Section 3 hereof, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term cost of all water, sewer use, sewer discharge fees and prior to delinquency all charges for watersewer connection fees, gas, light, heat, power, electricity, telephone or other communication servicerefuse pickup, janitorial service, trash pick-up, sewer telephone and all other services supplied utilities billed or metered separately to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforand/or Tenant. Tenant shall arrange also pay Tenant's Share of any assessments or charges for Services to be supplied to utility or similar purposes included within any tax ▇▇▇▇ for the Lot on which the Premises and shall contract for all are situated, including, without limitation, entitlement fees related to Tenant's particular use of the Services in Tenant's name prior to the Commencement DatePremises, allocation unit fees, and/or any similar fees or charges, and any penalties related thereto. The Commencement Date shall For any such utility fees or use charges that are 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 separately to the PremisesTenant, or if any of the Services are not separately metered as of the Commencement Dateincluding without limitation, the cost of such Services shall be an Operating Expense water and refuse pick up charges, Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 belowwithout prior notice or demand, except that Tenant's proportionate share on the Commencement Date and thereafter on the first (1st) day of such Services shall be each month throughout the percentage obtained by dividing balance 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 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 the amount which is attributable to Tenant's use of the utilities or similar services, as reasonably estimated and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, determined by Landlord agrees that if Services are curtailed or suspended to based upon factors such as size of the Premises as a result and intensity of use of such utilities by Tenant such that Tenant shall pay the acts or negligence or willful misconduct portion 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 charges reasonably consistent with Tenant's use of such utilities and similar services ("Utility Expenses"). If Tenant disputes any such estimate or determination, then Tenant shall either pay the estimated amount or cause the Premises to be separately metered at Tenant's sole expense. In addition, Tenant shall pay to Landlord Tenant's Share of any Common Area utility costs, fees, charges or expenses ("Common Area Utility Costs"). Tenant shall pay to Landlord one-twelfth (1/12th) of the estimated amount of Tenant's Share of the Common Area Utility Costs on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease and any reconciliation thereof shall be substantially in the same manner as reasonably determined specified in Section 6.5 above. The amount of Tenant's Share of Common Area Utility Costs shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, the Building and/or the Park. Tenant acknowledges that the Premises may become subject to the rationing of utility services or restrictions on utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Notwithstanding any such rationing or restrictions on use of any such utility services, Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building or the Park, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant further agrees to timely and faithfully pay, prior to delinquency, any amount, tax, charge, surcharge, assessment or imposition levied, assessed or imposed upon the Premises, or Tenant's use and occupancy thereof. Notwithstanding anything to the contrary contained herein, if permitted by applicable Laws, Landlord shall have the right at any time and from time to time during the Term of this Lease to either contract for service from a different company or companies (each such company shall be referred to herein as an "Alternate Service Provider") following such forty-eight other than the company or companies presently providing electricity service for the Building or the Park (48the "Electric Service Provider") hour period until such Services are restoredor continue to contract for service from the Electric Service Provider, at Landlord's sole discretion. Tenant hereby agrees to cooperate with Landlord, the Electric Service Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, the Electric Service Provider, and any Alternate Service Provider reasonable access to the Building's electric lines, feeders, risers, wiring, and any other machinery within the Premises.

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 utility provider directly for all charges for waterseparately metered or contracted utilities serving the Premises, 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 along with any taxes, leviespenalties, fees or surcharges thereforrelated thereto. Water and sewer services are included in the Monthly FOE, and Tenant agrees to use commercially reasonable efforts to limit use of water and sewer to amounts consistent with normal restroom, break room, and office use, subject to its compliance with Legal Requirements. Notwithstanding the foregoing, provided that such utilities are priced at, or below, local utility provider rates, Landlord may elect to deliver gas and electric utility services to Tenant directly, or through an intermediary, including Landlord holding the utility accounts, and Tenant shall arrange reimburse Landlord for Services to be supplied to the Premises and shall contract for all Tenant’s consumption no later than thirty (30) days from receipt 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 Servicesdemand. In the event Tenant’s use of water and sewer services materially exceeds the foregoing, Landlord may separately meter the water and sewer services, at Tenant’s expense, and may require Tenant to pay the service provider directly. Landlord shall have no liability to Tenant with respect to any interruptions or failures of utilities. Notwithstanding anything contained herein to the contrary, in the event that any such interruption or cessation of utilities results from Landlord’s negligent or willful act or omission, and continues beyond five (5) consecutive business days from the Services cannot be separately billed date of such interruption or metered cessation, then, provided Tenant has delivered Landlord with prompt notice of such interruption, the rent under this Lease will ▇▇▇▇▇, commencing on the sixth (6th) consecutive business day the Premises remain untenantable, and continuing until the date on which the utilities are restored and the Premises are again tenantable. No abatement of rentals as hereinabove described will apply in the event such interruption of utilities is the result of Tenant's alterations to the Premises, or if any negligent act or omission 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 Landlordits agents, as Additional Rentemployees or contractors, 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 other than 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 negligent or willful misconduct act or omission of Landlord for a period of forty-eight (48) consecutive hours during the Lease Termor its employees, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment 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 to provide, at its costSubtenant acknowledges that Sublandlord directly contracts for HVAC, water, electricity and telephone service connections into gas to the Building (collectively, “Sublandlord Utilities”). Subtenant shall have the right to use Subtenant’s Share of the Sublandlord Utilities; provided Sublandlord shall not be responsible for providing any other services or utilities to the Subleased Premises; but Tenant , including, without limitation, internet or other telecommunications services. Subtenant shall pay during Sublandlord for the Lease Term and prior Sublandlord Utilities pursuant to delinquency all charges Section 5. Sublandlord shall not be responsible or liable in any way for waterany failure or interruption, gasfor any reason whatsoever, lightof the services, heat, power, electricity, telephone utilities or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to facilities that may or consumed on the Premises (collectively the "Services") and all taxes, levies, fees should be appurtenant or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises Subleased Premises, including, without limitation, the Sublandlord Utilities, and shall contract for no such failure will in any way excuse Subtenant’s performance under this Sublease, constitute a constructive eviction, or entitle Subtenant to any abatement of Rent (except as expressly provided in this Section 13). Notwithstanding the foregoing, if all or a material portion of the Services Subleased Premises is made untenantable or inaccessible for more than five (5) consecutive business days after notice from Subtenant to Sublandlord due to an interruption in Tenant's name prior Sublandlord Utilities that (a) does not result from a fire or other casualty event (which is governed by Section 11 of the Master Lease), a condemnation event (which is governed by Section 13 of the Master Lease), Force Majeure (as defined in the Master Lease), or from the acts or omissions of Subtenant, and (b) can be corrected through Sublandlord’s reasonable efforts, then, as Subtenant’s sole remedy, Base Rent shall be abated for the period beginning on the day immediately following such five (5) business day period and ending on the day such interruption to the Commencement DateSublandlord Utilities ends, but only in proportion to the percentage of the rentable square footage of the Subleased Premises made untenantable or inaccessible and not occupied by Subtenant. The Commencement Date Subtenant shall not pay to Sublandlord as Rent hereunder any and all sums which Sublandlord may be delayed required to pay to Master Landlord or any service provider arising out of excess consumption by reason Subtenant or a request by Subtenant for additional building services. Sublandlord (i) may, at its sole discretion, install sub- or check-meters to measure Subtenant’s actual consumption of electricity, and (ii) if Sublandlord reasonably determines that Subtenant is using more than Subtenant’s Share of any failure by Tenant Sublandlord Utilities, Sublandlord may, at Subtenant’s cost, install additional sub- or check-meters to so contract for Services. In the event that any measure Subtenant’s actual consumption of the Services cannot be separately billed or metered such Sublandlord Utilities, and, in either case, Subtenant shall thereafter pay to the PremisesSublandlord, or if any of the Services are not separately metered as of the Commencement DateRent, the actual, metered cost of such Services shall be an Operating Expense and Tenant shall pay such Sublandlord Utilities (at the cost to Landlordcharged by the applicable utility provider), 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 same manner as required 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 restoredSection 5.

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 provide, at its cost, water, electricity Tenant is responsible for payment of all utility and telephone service connections into other services for the Premises; but . Security Deposit. Upon signing this Agreement, ▇▇▇▇▇▇ will pay a security deposit in the amount of to Landlord. The security deposit will be retained by Landlord as security for Tenant’s performance of its obligations under this Agreement. The security deposit may not be used or deducted by Tenant shall pay during as the Lease Term last month’s rent of the Term.Tenant will be entitled to a full refund of the security deposit if ▇▇▇▇▇▇ returns possession of the Premises to Landlord in the same condition as accepted, ordinary wear and prior tear excepted. Within days after the termination of this Agreement, Landlord will return the security deposit to delinquency all charges Tenant (minus any amount applied by Landlord in accordance with this section). Any reason for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied retaining a portion of the security deposit will be explained in writing. The security deposit will not bear interest while held by Landlord in accordance with applicable state laws and/or local ordinances. Landlord’s Failure to or consumed Give Possession. In the event Landlord is unable to give possession of the Premises to Tenant on the Premises (collectively start date of the "Services") Term, Landlord will not be subject to any liability for such failure, the validity of this Agreement will not be affected, and all taxes, levies, fees or surcharges thereforthe Term will not be extended. Tenant shall arrange will not be liable for Services rent until Landlord gives possession of the Premises to Tenant. Holdover Tenancy. Unless this Agreement has been extended by mutual written agreement of the Parties, there will be supplied no holding over past the Term under the terms of this Agreement under any circumstances. If it becomes necessary to commence legal action to remove Tenant from the Premises, the prevailing Party will be entitled to attorney’s fees and costs in addition to damages. Use of Premises. The Premises will be occupied only by Tenant and ▇▇▇▇▇▇’s immediate family and used only for residential purposes. Tenant will not engage in any objectionable conduct, including behavior which will make the Premises less fit to live in, will cause dangerous, hazardous or unsanitary conditions or will interfere with the rights of others to enjoy their property. Tenant will be liable for any damage occurring to the Premises and shall contract for all any damage to or loss of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure contents thereof which is done by Tenant to so contract or Tenant’s guests or invitees. Condition of the Premises. ▇▇▇▇▇▇ has examined the Premises, including the appliances, fixtures and furnishings, and acknowledges that they are in good condition and repair, normal wear and tear excepted and accepts them in its current condition. Maintenance and Repairs. Tenant will maintain the Premises, including the grounds and all appliances, fixtures and furnishings, in clean, sanitary and good condition and repair. Tenant will not remove ▇▇▇▇▇▇▇▇’s appliances, fixtures, or furnishings from the Premises for Servicesany purpose. If repairs other than general maintenance are required, Tenant will notify Landlord for such repairs. In the event of default by ▇▇▇▇▇▇, ▇▇▇▇▇▇ will reimburse Landlord for the cost of any repairs or replacement. Reasonable Accommodations. ▇▇▇▇▇▇▇▇ agrees to comply with all applicable laws providing equal housing opportunities, including making reasonable accommodations for known physical or mental limitations of qualified individuals with a disability, unless undue hardship would result. Tenant is responsible for making Landlord aware of any such required accommodations that are reasonable and will not impose an undue hardship. If Tenant discloses a disability and requests an accommodation, Landlord has the right to have a qualified healthcare provider verify the disability if the disability is not readily apparent, and Landlord has the right to use the qualified healthcare provider verifying the disability as a resource for providing the reasonable accommodation. Sex Offender Registry. Pursuant to law, information about specified registered sex offenders is made available to the public. Tenant understands and agrees that Tenant is solely responsible for obtaining any and all information contained in the state or national sex offender registry for the area surrounding the Premises, which can be obtained online or from the local sheriff’s department or other appropriate law enforcement officials. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and zip code in which he or she resides. Compliance. ▇▇▇▇▇▇ agrees to comply with all applicable laws, ordinances, requirements and regulations of any federal, state, county, municipal or other authority. Mechanics’ Lien. ▇▇▇▇▇▇ understands and agrees that Tenant and anyone acting on ▇▇▇▇▇▇’s behalf do not have the Services cannot be separately billed right to file for mechanic’s liens or metered any other kind of liens on the Premises. ▇▇▇▇▇▇ agrees to give actual advance notice to any contractors, subcontractors or suppliers of goods, labor or services that such liens are invalid. ▇▇▇▇▇▇ further agrees to take the additional steps necessary to keep the Premises free of any and all liens that may result from construction completed by or for Tenant. Subordination. 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 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 this Agreement is subordinate to any cause whatsoever shall mortgage that now exists, or may be given later by Landlord. Alterations. Tenant will not affect make any obligation of Tenant hereunderalteration, 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 addition or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended improvement to the Premises without first obtaining Landlord’s written consent. Any and all alterations, additions or improvements to the Premises are without payment to Tenant and will become Landlord’s property immediately on completion and remain on the Premises, unless Landlord requests or permits removal, in which case Tenant will return that part of the Premises to the same condition as existed prior to the alteration, addition or improvement. Tenant will not change any existing locks or install any additional locks on the Premises without first obtaining Landlord’s written consent and without providing Landlord a copy of all keys. Smoking. Smoking of any kind is strictly prohibited on any part of the Premises. This prohibition applies to Tenant and any visitor, guest or other occupant on the Premises. Pets. Tenant is not allowed to have or keep any pets, even temporarily, on any part of the Premises. The unauthorized presence of any pet will subject Tenant to penalties, damages, deductions and/or termination of this Agreement. Properly trained service animals that provide assistance to individuals with disabilities may be permitted on the Premises with the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant will be responsible for the costs of de-fleaing, deodorizing and/or shampooing all or any portion of the Premises if a pet has been on the Premises at any time during the Term (whether with or without written consent of Landlord). Fire and Casualty. If the Premises are damaged by fire or other serious disaster or accident and the Premises becomes uninhabitable as a result, Tenant may immediately vacate the Premises and terminate this Agreement upon notice to Landlord. Tenant will be responsible for any unpaid rent or will receive any prepaid rent up to the day of such fire, disaster or accident. If the Premises are only partially damaged and inhabitable, Landlord may make full repairs and will do so within a prompt and reasonable amount of time. At the discretion of Landlord, the rent may be reduced while the repairs are being made. Liability. Landlord is not responsible or liable for any loss, claim, damage or expense as a result of any accident, injury or damage to any person or property occurring anywhere on the acts or Premises, unless resulting from the negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours Landlord. Renter’s Insurance. Tenant is required to obtain, and maintain at all times during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated a renter’s insurance policy with a minimum of $100,000.00 personal liability coverage. Tenant will name ▇▇▇▇▇▇▇▇ as an interested party or additional insured. Tenant will provide Landlord with a certificate or proof of insurance upon request. Assignment and Subletting. Tenant will not assign this Agreement as to the extent such curtailment any portion or suspension of Services interferes with Tenant's use all of the Premises (or make or permit any total or partial sublease or other transfer of any portion or all of the Premises. Insurance Requirements. Tenant will not do or permit to be done any act or thing that will increase the insurance risk under any policy of insurance covering the Premises. If the premium for such policy of insurance increases due to a breach of Tenant’s obligations under this Agreement, Tenant will pay the additional amount of premium as reasonably determined additional rent under this Agreement. Right of Entry. Landlord or its agents may enter the Premises at reasonable times to inspect the Premises, to make any alternations, improvements or repairs or to show the Premises to a prospective tenant, buyer or lender. In the event of an emergency, Landlord may enter the Premises at any time. Surrender. ▇▇▇▇▇▇ will deliver and surrender to Landlord possession of the Premises immediately upon the expiration of the Term or the termination of this Agreement, clean and in as good condition and repair as the Premises was at the commencement of the Term, reasonable wear and tear excepted. Default. In the event of any default under this Agreement, Landlord may provide Tenant a notice of default and an opportunity to correct such default. If Tenant fails to correct the default, other than a failure to pay rent or additional rent, Landlord may terminate this Agreement by giving a day written notice. If the default is ▇▇▇▇▇▇’s failure to timely pay rent or additional rent as specified in this Agreement, Landlord may terminate this Agreement by giving a day written notice to Tenant. After termination of this Agreement, Tenant remains liable for any rent, additional late, costs, including costs to remedy any defaults, and damages under this Agreement. Remedies. If this Agreement is terminated due to Tenant) following ’s default, Landlord may, in addition to any rights and remedies available under this Agreement and applicable law, use any dispossession, eviction or other similar legal proceeding available in law or equity. Subordination. This Agreement and ▇▇▇▇▇▇’s right under it shall be subject and subordinate to the lien, operation and effect of each existing or future mortgage, deed of trust, ground lease and/or any other similar instrument of encumbrance covering any or all of the Premises, if any, and each renewal, modification, consolidation, replacement or extension thereof. Condemnation. If all or substantially all of the Premises are covered by a condemnation including the exercise of any power of eminent domain by a governmental authority, this Agreement shall terminate on the date possession of the Premises is taken by the condemning authority, and all rent under this Agreement shall be prorated and paid to such forty-eight (48) hour period until date. ▇▇▇▇▇▇▇▇ is entitled to collect from the condemning authority the entire amount of any award made in any proceeding. Tenant waives any right, title or interest which ▇▇▇▇▇▇ may have to any such Services are restoredaward and agrees to not make any claim for the Term of this Agreement.

Utilities. Landlord agrees Seller shall terminate all light, power and other utilities for the Property, effective as the Close of Escrow. Utility meters will be read, to providethe extent that the utility company will do so, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term daylight hours on the calendar day immediately before the Closing, with charges accruing before the Operations Cutoff Time paid by Seller and prior to delinquency all charges accruing thereafter paid by Purchaser. Prepaid utility charges shall be prorated on the Closing Statement. Charges for utilities which are unmetered, or charges for waterthe meters which have not been read by the Closing, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer will be prorated between Purchaser 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 Seller as of the Commencement DateOperations Cutoff Time, and an adjustment to any determinations made by the cost utility companies necessary to reflect actual operations as of the Operations Cutoff Time if reasonably estimatable or, if not after the Closing based upon utility bill▇▇▇▇ ▇▇▇eived after the Closing in which case Seller or Purchaser, as appropriate, shall, upon receipt, submit a copy of the utility bill▇▇▇▇ ▇▇▇ any such Services shall be an Operating Expense charges to the other party and Tenant such party shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate its pro rata share of such Services charges to the party requesting payment within seven (7) calendar days alter the date of any such request. Seller shall be credited and Purchaser debited for all deposits previously made by Seller which the percentage obtained utility company in question will apply to Purchaser's account. Purchaser shall be responsible for replacing and/or paying, on or before the Closing, all deposits which will not be applied by dividing utility companies for Purchaser's account or which are otherwise required by utility companies in order to continue service at the gross leasable square footage contained in Property for periods after the Premises Operations Cutoff Time and shall take any other action and make any other payments required to assure uninterrupted availability of utilities at the Property for all periods after the Closing. Purchaser agrees that as of or after the Closing, all utility deposits previously made by Seller which are not applied to Purchaser's account may be refunded directly to Seller by the 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 restoredutility company holding same.

Utilities. Landlord LESSOR agrees to provide, at its costsole expense, the connections to the Leased Premises for sewer, water, electricity electricity, natural gas and telephone service connections into the Premisesservice; but Tenant LESSEE shall pay during the Lease Term and prior to delinquency for all charges for water, gas, light, heat, light power, electricitytelephone, telephone or other communication servicesewer, janitorial service, trash pick-up, sewer fire sprinklers and all other utilities and services supplied to used on or consumed on from the Premises (collectively the "Services") and all Leased Premises, together with any taxes, leviesassessments, fees deposits, surcharges or surcharges therefor. Tenant shall arrange other additional charges, penalties or the like pertaining thereto and any repair and maintenance charges for Services to be supplied to utilities exclusively serving 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 Leased Premises, or if and LESSEE shall furnish all electric light bulbs and tubes and elements. If any of the Services such services are not separately metered as to LESSEE, LESSEE shall pay its Proportionate Share (which amount shall be adjusted for any disproportionate user[s]) of the Commencement Date, the cost of such Services services pursuant to Articles 4.D. and 4.E. of all charges jointly metered with other tenants of the Building; provided, however, LESSOR shall be an Operating Expense and Tenant shall pay such cost have the right to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate charge LESSEE with a greater share of the cost of such Services shall be the percentage obtained by dividing the gross leasable square footage contained services on an equitable basis following written verification of same or a sub meter placed in the Leased Premises by at LESSEE’s sole expense, to the total gross leasable square footage located extent LESSEE is using a disproportionately large amount of the services in all buildings utilizing such Servicesrelation to the other tenants of the Building and/or project. The lack or shortage LESSOR reserves the right to cause any of any Services due said services to any cause whatsoever be separately metered to LESSEE at LESSEE’s sole expense. LESSOR shall not affect be liable or pay for any obligation interruption, re-establishment or failure of Tenant hereunder, and Tenant shall faithfully keep and observe all utility services to the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence Leased Premises. A. Notwithstanding anything to the contrary notwithstandingcontained in this Article 12, Landlord agrees if by reason of the intentional act or omission or negligence of LESSOR, its agents, employees or contractors (not included in the provisions of this Paragraph 12.A. is any action (whether direct or indirect) of any municipality, utility, other tenant in the Building or any other third party which results in an interruption or discontinuance in LESSEE’s utilities or other services) there is an interruption or discontinuance in the utilities furnished by LESSOR or other services LESSOR is required to provide under this Lease which results in LESSEE being unable to conduct business from all or a substantial portion of the Leased Premises, and LESSEE does in fact cease the conduct of business in the Leased Premises or such substantial portion thereof for a period in excess of two (2) consecutive business days, then rent shall ▇▇▇▇▇ beginning on the third (3rd) consecutive business day of the interruption or discontinuance and ending on the services are restored such that if Services are curtailed LESSEE is again reasonably able to conduct business at the Leased Premises or suspended such portion thereof. Such abatement shall be in an amount bearing the same ratio to the total amount of rent for such period as the portion of the rentable square feet of the Leased Premises from which LESSEE is unable to and does not conduct business from time to time bears to the rentable square feet of the entire Leased Premises, it being acknowledged that LESSEE may be unable to conduct business from portions of the Leased Premises, even if not directly affected by an interruption or discontinuance of services, if they cannot be occupied for the conduct of LESSEE’s business as a result of the acts an interruption or negligence or willful misconduct discontinuance 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 services to the extent such curtailment or suspension of Services interferes with Tenant's use other areas of the Leased Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services which are restoredcritical to LESSEE’s business operations.

Utilities. Landlord agrees to provide, at its cost, Tenant shall obtain all water, electricity electricity, sewerage, gas, telephone and telephone service connections into other utilities for the Premises; but Premises directly from the public utility company furnishing same. Any meters required in connection therewith shall be installed at Tenant’s sole cost. Tenant shall pay 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 exclusively to the 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 Rentreasonably and equitably determined by Landlord. If for any reason the use of any utility is measured on a meter(s) indicating the usage of Tenant and other tenants of the 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 the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Servicespayment of its allocable share. 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, but subject to the Cost Pools (as defined on Exhibit C), Tenant shall remain obligated for the payment of Tenant’s Proportionate Share (as defined in the Basic Lease Information) of any utilities or services furnished to the Common Areas (as defined in Section 7(c)) pursuant to Exhibit C. Landlord agrees that if Services are curtailed shall not be liable for any interruption whatsoever, nor shall Tenant be entitled to an abatement or suspended reduction of Rent on account thereof, in any utility or other service, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such utilities and services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events, shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations under this Lease. In no event shall Landlord be liable to Tenant for any damage to the Premises as a result or Tenant’s property or for any loss of business or any damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, but not limited to, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other cause in, above, upon or about the Premises, the Project or the Complex. Notwithstanding the foregoing, in the event that any interruption or discontinuance of utilities or services provided pursuant to this Section 7 above (i) was due to the negligence of Landlord, its agents or employees (and was not caused in any way by any failure on the part of the acts utility company or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Termother service provider, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use any of the matters contemplated under Section 26(c) and/or any act or omission of Tenant or Tenant’s employees, agents, invitees or contractors), (ii) continues beyond three (3) Business Days after the date of delivery of written notice from Tenant to Landlord, (iii) materially and adversely affects Tenant’s ability to conduct business in the Premises, or any material portion thereof, and (iv) on account of such interruption or disturbance Tenant ceases doing business in the Premises or such portion thereof, rent shall ▇▇▇▇▇ proportionately, beginning on the fourth (4th) Business Day after delivery of said notice and continuing for so long as reasonably determined by Landlord Tenant remains unable to (and Tenantin fact does not) following conduct its business in the Premises or such forty-eight (48) hour period until such Services are restoredportion thereof. Tenant shall not install any equipment which exceeds or overloads the capacity of the utility facilities serving the Premises.

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. (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. (a) Tenant shall obtain electricity and gas from the public utility company, and all costs of such services shall be paid by Tenant directly to the public utility companies (the “Utility Charges”). On the Commencement Date, Tenant shall arrange with the public utility companies for the electric and gas ▇▇▇▇ for the Building to be put in Tenant’s name and for all bills to be sent directly to Tenant. Tenant agrees to pay the Utility Charges to the public utility companies for the entire Building and Landlord agrees to providereimburse Tenant for a portion of Table of Contents the Utility Charges, at its costas more particularly set forth below, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all representing such 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 remaining portion of the Building exclusive of the Premises (collectively the "Services"“Utility Reimbursement”). The parties hereby agree that from the Commencement Date through and including September 30, 2010, Landlord shall pay to Tenant a Utility Reimbursement in the amount of $856.60 per month, which is based upon an average electric charge for the Building of $488.15 (0.07259 / kWh), determined as if the Building were vacant (the “Base Electric Charge”), and an average gas charge for the Building of $368.45 (0.8010 Therms), determined as if the Building were vacant (the “Base Gas Charge”). Landlord agrees to pay the monthly Utility Reimbursement to Tenant no later than the tenth (10th) day of each calendar month. On October 1, 2010 and all taxeseach successive Lease Year thereafter during the Term, levies, fees or surcharges therefor. Landlord and Tenant shall arrange review the Utility Charges for Services to electric and gas for the prior twelve (12) month period and if the Utility Charges for said period exceed, or are less than the Base Electric Charge and the Base Gas Charge, as the case may be, the Utility Reimbursement for gas and electric shall be supplied modified accordingly for the next succeeding twelve (12) month period. Notwithstanding anything to the contrary set forth above, either Landlord or Tenant, upon ninety (90) days written notice, may elect to install a submeter for the Premises and shall contract for all of to measure 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 DateUtility Charges, the cost of such Services installation shall be an Operating Expense borne exclusively by Tenant, and Tenant shall pay such cost paid to Landlord, 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 Tenant shall not install any equipment at the Premises or the Hotel Complex which can exceed the capacity of any utility facilities currently serving, or intended or available to provideserve, the Premises and if any equipment installed by Tenant, or if Tenant's utility demands for the Premises, require additional utility facilities and/or the relocation or resizing of the existing facilities, the same shall be installed, relocated or resized, as applicable, at its costTenant's sole cost and expense and in compliance with all code requirements and plans and specifications which must be approved of in advance and in writing by Landlord (which approval shall not be unreasonably withheld or delayed). Except as may be expressly provided otherwise in Section 7.2 of this Lease, 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 the installation of separate meters and the connection and use of sewer, water, gas, lightelectricity, heattelephone, powertelevision, interne, telecommunications and all other utility services relative to the Premises. In the event public utility meters are not available for the Premises, upon request of Landlord, Tenant shall be responsible for cost and expense of installing a private meters. Tenant agrees to directly and promptly, but in any event before the due date, pay the utilities providing the sewer, gas, electricity, telephone or water, telecommunications, intenet and 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 utilities 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 Servicessuch services. In the event that any of separate meters arec not installed for the Services cannot be separately billed Premises and/or Tenant receives services from a central plant or metered to the Premisessystem owned or controlled by Landlord or Landlord's Affiliates, or if any of the Services are not separately metered as of the Commencement Date, Landlord shall reasonably allocate the cost of such Services shall be an Operating Expense and Tenant shall pay such cost unmetered services 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 based upon an allocation basis reasonably determined 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 hereunderLandlord, and Tenant shall faithfully keep promptly reimburse Landlord for such allocated costs for each month of the Term within fifteen (15) days after demand from Landlord. Landlord may make additional services including, but not limited to, pest control, security 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 cleaning available 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 Termand, then in such event, Tenant shall utilize such services, at 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 sole cost and Tenant) following such forty-eight (48) hour period until such Services are restoredexpense.

Utilities. Landlord agrees to provide5.01 Tenant shall provide and pay for heat, at its costelectricity, air conditioning, alarm, sprinkler, oil, gas, water, electricity sewer, 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 any and all other services supplied and utilities (“Utilities”) for the Demised Premises, and Landlord shall not be required to furnish, or consumed be liable for any interruption of, any services, utilities or facilities to, or about, the Building. As part of Tenant’s Work; Tenant shall, at Tenant’s cost and expense, cause to be installed in the Demised Premises sprinkler and mechanical rooms for the Demised Premises, a new heating, ventilating and air-conditioning unit on the roof of the Building to service the Demised Premises, new meters and separate service from the utility companies to such meters, to measure the consumption of all Utilities in the Demised Premises (collectively the "Services") and all taxesforegoing work in this sentence is called “Tenant’s Utilities Work”), 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 the charges of all Utilities consumed directly to the utility or other company supplying the same. In addition, Tenant shall as part of Tenant’s Work, at Tenant’s cost and expense, cause to Landlordbe installed within and throughout the Demised Premises, as Additional Rentand connected to Tenant’s Utilities Work, as provided all Utilities work necessary for Tenant’s use of the Demised Premises. None of the existing Utilities or meters in Paragraph 12 below, except that Tenant's proportionate share of such Services the Building shall be available for use by Tenant. In that regard, and prior to commencing other Tenant’s Work, Tenant shall, at Tenant’s cost and expense, cause the percentage obtained by dividing the gross leasable square footage contained Utilities to be separated from those used for other space in the Premises by the total gross leasable square footage located in all buildings utilizing such ServicesBuilding. The lack or shortage of any Services due to any cause whatsoever Tenant shall not affect make any obligation installations, alterations, additions or changes to the Utility equipment or systems in the Building without prior written consent of Landlord in each such instance, which consent shall not be unreasonably withheld. Tenant hereundershall comply with the rules and regulations applicable to the service, equipment, wiring and requirements of Landlord and of the companies supplying utilities to the Building. Tenant agrees that its use of Utilities in the Building will not exceed the capacity of existing feeders to the Building or the risers, wiring and piping installations therein, and Tenant shall faithfully keep not use any Utility equipment which, in Landlord’s reasonable judgment, will overload such installations or interfere with the use thereof by other Tenants in the Building. If, in Landlord’s or Tenant’s judgment, Tenant’s Utility requirements necessitate installation of additional risers or other proper and observe all necessary equipment or services, 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 same shall be equitably abated to the extent such curtailment provided or suspension of Services interferes with installed by Tenant at 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’s expense.

Utilities. Landlord agrees Utility Expenses, Common Area Utility Costs and all other sums or charges set forth in this Section 7 are considered part of Additional Rent. In addition to providethe Base Rent set forth in Section 3 hereof, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term cost of all water, sewer use, sewer discharge fees and prior to delinquency all charges for watersewer connection fees, gas, light, heat, power, electricity, telephone or other communication servicerefuse pickup, janitorial service, trash pick-up, sewer telephone and all other services supplied utilities billed or metered separately to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforand/or Tenant. Tenant shall arrange also pay Tenant's Share of any assessments or charges for Services to be supplied to utility or similar purposes included within any tax ▇▇▇▇ for the Lot on which the Premises are situated, including, without limitation, entitlement fees, allocation unit fees, and/or any similar fees or charges, and shall contract for all of the Services in Tenant's name prior to the Commencement Dateany penalties related thereto. The Commencement Date shall For any such utility fees or use charges that are 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 separately to the PremisesTenant, or if any of the Services are not separately metered as of the Commencement Dateincluding without limitation, the cost of such Services shall be an Operating Expense water and refuse pick up charges, Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 belowwithout prior notice or demand, except that Tenant's proportionate share on the Commencement Date and thereafter on the first (1st) day of such Services shall be each month throughout the percentage obtained by dividing balance 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 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 the amount which is attributable to Tenant's use of the utilities or similar services, as reasonably estimated and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, determined by Landlord agrees that if Services are curtailed or suspended to based upon factors such as size of the Premises as a result and intensity of use of such utilities by Tenant such that Tenant shall pay the acts or negligence or willful misconduct portion 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 charges reasonably consistent with Tenant's use of such utilities and similar services ("Utility Expenses"). If Tenant disputes any such estimate or determination, then Tenant shall either pay the estimated amount or cause the Premises to be separately metered at Tenant's sole expense. In addition, Tenant shall pay to Landlord Tenant's Share of any Common Area utility costs, fees, charges or expenses ("Common Area Utility Costs"). Tenant shall pay to Landlord one-twelfth (1/12th) of the estimated amount of Tenant's Share of the Common Area Utility Costs on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease and any reconciliation thereof shall be substantially in the same manner as reasonably determined specified in Section 6.4 above. The amount of Tenant's Share of Common Area Utility Costs shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, the Building and/or the Park. Tenant acknowledges that the Premises may become subject to the rationing of utility services or restrictions on utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Notwithstanding any such rationing or restrictions on use of any such utility services, Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building or the Park, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant further agrees to timely and faithfully pay, prior to delinquency, any amount, tax, charge, surcharge, assessment or imposition levied, assessed or imposed upon the Premises for Tenant's use and occupancy thereof. Notwithstanding anything to the contrary contained herein, if permitted by applicable Laws, Landlord shall have the right at any time and from time to time during the Term of this Lease to either contract for service from a different company or companies (each such company shall be referred to herein as an "Alternate Service Provider") following such forty-eight other than the company or companies presently providing electricity service for the Building or the Park (48the "Electric Service Provider") hour period until such Services are restoredor continue to contract for service from the Electric Service Provider at Landlord's sole discretion. Tenant hereby agrees to cooperate with Landlord, the Electric Service Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, the Electric Service Provider, and any Alternate Service Provider reasonable access to the Building's electric lines, feeders, risers, wiring, and any other machinery within the Premises.

Utilities. Landlord LANDLORD is responsible for providing the following utilities only: NONE. The 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 and deposits for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied utilities and TENANT agrees to have all accounts for utilities immediately placed in TENANT name with accounts kept current throughout occupancy. Garbage and or consumed on trash removal is considered a utility under this lease. If the Premises (collectively utilities which TENANT is responsible for are still in LANDLORD's name at the "Services") and all taxestime TENANT takes occupancy, levies, fees or surcharges therefor. Tenant TENANT agrees that LANDLORD shall arrange for Services order such utilities 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 Servicesterminated. In the event a condominium association or homeowners association is currently providing any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services and the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD and/or AGENT shall not be required to replace, provide or pay for these removed services for TENANT. TENANT may opt to pay for non-essential services but shall be required to pay for essential services including but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation of any such services by the association shall not be construed as a prohibited practice by LANDLORD or AGENT nor shall it constitute a default under the lease. The failure of TENANT to retain and pay for essential services upon notice and demand by the LANDLORD or AGENT shall constitute a material breach of the Services canlease. VEHICLES: Vehicle(s) must be currently licensed, owned by TENANT, registered, operational and properly parked. TENANT agrees to abide by all parking rules established now or in the future by LANDLORD or condo /homeowner association's rules, if applicable. No trailers, campers, vehicles on blocks, motorcycles, boats or commercial vehicles are allowed on or about the premises without LANDLORD's prior written approval. TENANT is not be separately billed to repair or metered disassemble vehicles on the premises. Vehicles not meeting the above requirements and additional rules of LANDLORD are unauthorized vehicles subject to being towed at TENANT expense. Parking on the grass is prohibited. TENANT agrees to indemnify LANDLORD for any expenses incurred due 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 towing 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 vehicle belonging to the contrary notwithstanding, Landlord guest or invitee of TENANT. TENANT agrees that if Services are curtailed or suspended to only the Premises as a result of following vehicles will be parked on 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 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 services serving the Leased Premises. However, if any services or utilities are jointly metered with other property, Landlord shall contract for all make a reasonable determination of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason proportionate share 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 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. Without limiting the foregoing, following the Expansion Date, if any services or utilities supplied to the Leased Premises are jointly metered with property outside of the Property, Landlord shall make every effort to submeter the Leased Premises from such property. 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; provided, however, that Landlord shall use good faith, diligent efforts to restore such services or utilities as soon as possible. Notwithstanding the foregoing, in the event that (a) an interruption of utility service to the Leased Premises is due to Landlord’s negligence or intentional wrongful acts, as Additional Rent(b) the restoration of such utility service is within Landlord's control, as provided and (c) such interruption renders all or a portion of the Leased Premises untenantable (meaning that Tenant is unable to use, and does not use, such space in Paragraph 12 belowthe normal course of its business for the Permitted Use) for more than three (3) consecutive business days, except that 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 three (3) business-day period during which such portion of the Leased Premises remains untenantable. Such abatement shall be 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 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. Landlord If required, Lesee 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 place all charges utilities 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 which they are responsible in Tenant's their name prior to receiving occupancy of the Commencement Datepremises. The Commencement Date Lesee agrees to pay all utilities, related deposits and charges on the lesee’s utility bills directly to the utility or service provider within the time frame set forth in the invoice therefor . The Lesee shall not allow utilities, other than cable TV, to be delayed disconnected by reason any means (including non-payment of any failure by Tenant to so contract for Services. In ▇▇▇▇) until the event that any end of the Services cannot be separately billed Lease term or metered renewal period. The Lesee agrees to reimburse the Premises, or if Owner for any utility bills paid by the Owner during the Lesee’s responsibility under the Lease within two (2) working days of receiving demand for payment from the Services are not separately metered as of the Commencement Date, the cost of such Services Owner. Utilities shall be an Operating Expense used only for normal household purposes 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 Servicesnot wasted. 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 notwithstandingcontained herein, Landlord Owner has arranged to have an electric meter installed to measure Lesee’s electric usage and has entered into an Agreement with a private company for the purpose of reading such meters and invoicing Lesee for Lesee’s electric usage and related fees for that usage and for Lesee’s pro-rata share of the electric usage and cost to serve the common areas of the Development. Lesee agrees to pay for such electricity charges including its pro-rata share of the common area costs (which may include taxes, service fees, administrative fees, security deposits, connection fees, final billing fees, infrastructure installation costs, and maintenance fees) and to remit payment directly to the relevant private billing company. It is understood and agreed between Owner and Lesee that, in the event such payments are not made when due, it shall be considered a substantial default under the lease, and Lesee agrees that if Services are curtailed or suspended to the Premises as a result utilities may be disconnected for non-payment where permitted by law. OCCUPANT AGREES THAT NEITHER OWNER NOR THE PRIVATE COMPANY PROVIDING SUCH METER READING AND BILLING SERVICES TO OWNER IS OPERATING AS A PUBLIC UTILITY BY ARRANGING FOR THE SERVICES SET FORTH HEREIN, AND NOTHING HEREIN SHALL CAUSE OWNER OR SUCH PRIVATE COMPANY TO BE, OR BE DEEMED TO BE, A PUBLIC UTILITY. Lesee shall maintain an interior temperature of the acts premises of at least 60 degrees Fahrenheit. Violation of this provision is a material breach of your lease and may subject you to eviction or 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 other remedies available 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 under lease agreement.

Utilities. Landlord a) LANDLORD will supply and pay for the following utilities / services: Trash Cable Internet ▇▇▇▇▇▇ agrees to provideuse utilities in a careful and conservative manner. TENANT shall be responsible for arranging the “hook –up” of all other utilities for the UNIT (not listed above) as required, at its cost, and for the prompt payment for all utilities including (but not limited to): water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for waste water, electricity, 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") phone servicing and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied attributable 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 ServicesUNIT. In the event that any utility is not under TENANT’S name and is billed to the LANLORD, TENANT shall reimburse LANDLORD one hundred percent (100%) of all expenses incurred by LANDLORD for utilities which are directly attributable to TENANT’S UNIT within five (5) days of written demand from LANDLORD. Further, TENANT shall reimburse LANDLORD one hundred percent (100%) of the Services cannot cost LANDLORD has incurred to cure any deficiencies and/or perform emergency repairs for any utility caused by TENANT or TENANT’S guests or invitees, unless otherwise excluded in this LEASE. b) At the end of the LEASE, TENANT must provide LANDLORD with satisfactory proof that all utilities, if any, billed to TENANT have been paid in full. c) LANDLORD agrees to furnish trash removal at specific locations throughout the PROPERTY (this does NOT constitute door-to-door trash pickup), basic cable television, and internet service for the UNIT. Internet service will be separately billed or metered provided by LANDLORD in each bedroom through an arrangement with an outsourced service provider. d) The gas, water and sewer service shall be allocated according to the Premises, or if any total number of TENANTS engaged in LEASE contracts at the PROPERTY and charged to each TENANT individually. The formula for “TENANT’S SHARE” 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 monthly utility charge shall be the percentage obtained by dividing total amount of chargeable utilities servicing all of the gross leasable square footage contained units in the Premises PROPERTY as the numerator, and the total amount of active tenants in the PROPERTY, as the denominator. TENANT will receive a separate monthly bill from LANDLORD or LANDLORD’S representative stating TENANT’S SHARE of the utility charges (LANDLORD reserves the right to hire a third party to handle the billing). Payment shall be due on the first (1st) day of the month following the delivery of the invoice to the TENANT, and TENANT shall pay the amounts owing directly to LANDLORD’S office during the LEASE TERM. e) TENANT is required to place electric service in TENANT’s name and usage will be sub-metered 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, service provider 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 billed to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended UNIT. TENANT will be responsible for payment directly to the Premises as a result of service provider. If TENANT desires additional cable channels, they will be at TENANT’S expense and TENANT must contact 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 restoredappropriate utility service provider.