Common use of Utilities Clause in Contracts

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be 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 or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricity.

Utilities. A. Landlord agrees to cause the necessary mains, conduits and other facilities to be provided to make heating, ventilation, air-conditioning, water, sewer, gas, phone and electricity available to the Demised Premises and to make available to Tenant heating, ventilation, air-conditioning, water, sewer, gas, phone and electrical services during the Term of this Lease. Landlord shall be responsible for the payment of all utilities used by Tenant at the Demised Premises directly to the applicable public utility provider, except if the monthly cost for electricity and gas exceeds $5,000, Tenant shall pay the excess amount directly to Landlord as additional rent hereunder. Tenant shall have 24-hours, 7-days per week control of the HVAC system serving the Premises and may use the security system serving the Building. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utilities to the Demised Premises, unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. D. In the event of a failure or interruption of utilities within the Premises, Landlord shall promptly repair or remediate the cause of the utility failure or interruption using all means within Landlord’s commercially reasonable control, Landlord hereby acknowledging that such prompt repairs shall include after-hours repairs as needed due to Tenant’s 24/7 use of the Premises. If the responsibility for repair or remediation is that of the utility company or other entity, Landlord shall promptly take reasonable measures to cause such utility company or other entity to repair or remediate the cause of the utility failure or interruption. E. Tenant shall be responsible for all of its janitorial and cleaning services for the Demised Premises at Tenant’s expense. Tenant shall provide a service for the collection of refuse and garbage from the Premises, at Tenant’s expense, and Landlord shall provide Tenant with a location, at no cost to Tenant, for the placement of a receptacle for Tenant’s refuse and garbage. F. Tenant shall have the right to install a generator on the Property for its exclusive use subject to (a) Subject to Landlord’s approval of the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of plans therefor and pay the cost of all utilities for the Building, including electricity, gas, hot location thereof and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other serviceb) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall alsoobtaining, at its sole cost and expense, provide janitorial services all applicable governmental authorities therefor. Such installation may include, at Tenant’s election, the installation of an internal transfer switch for the Leased Premises. (b) Except as otherwise set forth generator in this Lease, Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other service being furnished the room adjacent to the Leased Premises, Building’s electrical closet. Landlord may elect to require Tenant remove the generator and no such failure or interruption shall entitle Tenant restore the Property to any abatement of, set off or reduction in its original condition at the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any termination of the same due to any negligent or wrongful act or neglect of Tenant or Sublease. Approval, installation and removal shall be at Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), sole cost and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityexpense.

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 (acollectively the "Services") Subject 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 obligations under Section 3.2 hereof'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, Landlord shall ensure or if any of the delivery Services are not separately metered as of and pay the Commencement Date, the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, such Services shall be solely responsible for the installation an Operating Expense and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall alsopay such cost to Landlord, at its sole cost and expenseas Additional Rent, provide janitorial services for as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the Leased Premises. (b) Except as otherwise set forth percentage obtained by dividing the gross leasable square footage contained in this Lease, Landlord shall not be liable the Premises by the total gross leasable square footage located in damages all buildings utilizing such Services. The lack or otherwise for any failure or interruption shortage of any utility or other service being furnished to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same Services due to any negligent or wrongful act or neglect cause whatsoever shall not affect any obligation of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”)hereunder, and (ii) such Service Interruption continues for more than two (2) full business days after 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 shall have received notice thereof from Tenant, and (iii) agrees that if Services are curtailed or suspended to the Premises as a result of such Service Interruption, the conduct acts or negligence or willful misconduct of Tenant’s normal operations in Landlord for a period of forty-eight (48) consecutive hours during the Leased Premises are materially adversely affectedLease Term, then there Tenant's Rent payable hereunder shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access equitably abated to the Leased Premises, water extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and sewer/septic service and electricityTenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. (a) Subject 13.1. Sublessor shall bring or shall cause utility lines to be brought to the Tenant’s obligations under Section 3.2 hereofSubleased Premises at the points shown on Exhibits 2 & 3. The utility lines as shown on the Exhibit 2 & 3 Plans shall have the capacities set forth therein Term which Sublessee acknowledges are sufficient to enable Sublessee to obtain for the Subleased Premises, Landlord as of the date of commencement of Sublessee's activities, sufficient water, electricity, telephone and sewer service. Sublessee shall ensure not at any time overburden or exceed the delivery 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 and, if necessary, PDA's prior written approval of Sublessee's plans and specifications therefor, and the Sublessor's approval shall not be unreasonably withheld. Such approval shall be deemed granted if the Sublessor shall not respond within 15 days of receipt of Sublessee's written request therefor and shall fail again to respond 10 days after receipt of Sublessee's second written request therefor. If such installation is approved by Sublessor and PDA and if Sublessor and PDA agrees to provide any additional facilities to accommodate Sublessee's installation, Sublessee agrees to pay Sublessor and/or PDA, in advance and on demand, the cost for providing such additional utility facilities or utility facilities of all utilities for greater capacity. PDA under the BuildingPrimary Lease also reserved the right to run such utility lines as it deems necessary in connection with the development of the Airport to, including electricityfrom, gasor through the Subleased Premise, hot and cold water. Tenantprovided, however, that PDA in exercising such reserved right shall provide reasonable prior notice and the opportunity to confer with PDA and shall exercise reasonable efforts to avoid or minimize interference with use of the Subleased Premises. PDA under the Primary Lease, at its sole discretion, shall have the right from time to time, to alter the method and source of supply of the above enumerated utilities to the Subleased Premises and Sublessee agrees to execute and deliver to PDA 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 which are separately metered to the Subleased Premises, provided that the charges to be paid by the Sublessee shall not be greater than those charged prior to the change. PDA under the Primary Lease, 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, Sublessee will purchase its requirements for such services tendered by PDA, and Sublessee will pay PDA, within ten (10) days after mailing by PDA to Sublessee of statements therefor, at the applicable rates determined by PDA from time to time which shall not be in excess of the public utility rates for the same service, if applicable, to other aviation tenants at the Airport or otherwise obtainable by Sublessee. If PDA so elects to supply any of such utilities, Sublessee 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. 13.2. Sublessor shall be responsible for providing any meters or other devices for the measurement of utilities supplied to the Subleased Premises. Sublessee shall be solely responsible for and promptly pay, as and when the installation same become due and payment payable, all charges for telephonewater, cablesewer, internet (whether dial-upelectricity, DSLgas, cable modem or other service) telephone and any other utility services installed for used or consumed in the Leased Subleased Premises and supplied by PDA, any public utility or authority or any other person, firm or corporation which are separately metered to the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Subleased Premises. (b) Except as otherwise set forth in 13.3. All work and construction under this Lease, Landlord Article shall not be liable in damages or otherwise for any failure or interruption comply with the provisions of any utility or other service being furnished Article 10 of this Sublease applicable to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityconstruction work.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord SECTION 6.01. Tenant shall ensure the delivery of and pay the cost of promptly for all utilities for the Building, including electricitywater, gas, hot heat, light, power, sewer charges, telephone installation utility hookup, connection and cold waterservice charges, sprinkler standby charges, and for all other services and utilities supplied to the Demised Premises on and after the Commencement Date, together with any tax, excise or surcharge thereon. Within ten (10) days after the expiration or termination of the Term of this Lease, Tenant shall provide Landlord with satisfactory evidence that all such utility charges have been paid through the last day of the Term. Tenant agrees to immediately apply for all applicable utilities to be separately metered and billed to Tenant. If any such services are not separately metered to and paid by Tenant, howeveror if any such services are furnished and paid for by Landlord, Tenant shall pay to Landlord as Additional Rent a reasonable proportion to be solely responsible determined by Landlord of all charges jointly metered with other premises and all services which are furnished and paid for the installation and payment for telephoneby Landlord. If Landlord is required to construct new or additional utility installations, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees wiring, plumbing, conduits, and taxes thereon. mains, resulting from Tenant's changed or increased requirements, Tenant shall alsoon demand pay to Landlord, at its sole in advance of installation, the total cost of such installation. Landlord reserves the right to interrupt the supply of water, gas, electric and expense, provide janitorial services also sewer service and any other similar utilities for the Leased PremisesDemised Premises when required by reason of accident or of repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed. Landlord agrees to use its best efforts to limit such interruptions to non-business hours. (b) Except as otherwise set forth in this LeaseSECTION 6.02. Landlord can discontinue, Landlord shall not be liable in damages without notice to Tenant, any of the utilities or otherwise for any failure or interruption of any utility or other service being services furnished to the Leased Premises, Demised Premises for which Tenant fails to pay and no such failure discontinuance shall be deemed an actual or constructive eviction. SECTION 6.03. Under no circumstances shall Landlord be liable to Tenant on account of the failure, discontinuance, interruption or quality of the utilities or services furnished to the Demised Premises, regardless of whether such utilities or services are furnished by Landlord or by third parties, nor shall entitle any of the foregoing excuse any payment or performance by Tenant, unless caused by the gross negligence of Landlord, provided, however, if said utilities are discontinued, at no fault of the Tenant, for a consecutive period of 180 days or more, the Tenant to any abatement of, set off or reduction in shall have the amounts payable to Landlord hereunder or otherwise entitle Tenant right to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricity.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord Tenant shall ensure the delivery of and pay the cost of all utilities for the Building, including electricitywater, gas, hot and cold water. Tenantheat, howeverlight, shall be solely responsible for the installation and payment for power, sewer, telephone, cablerefuse disposal, internet (whether dial-up, DSL, cable modem or and all other service) utilities and other utility services installed for supplied to the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereonPremises. Tenant shall alsomake payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at its Tenant’s sole cost and expense, provide janitorial services separate meters (or other submeter, device or monitor for the Leased measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises. , Landlord shall determine Tenant’s equitable share thereof, based on rentable square footage, intensity of use of any Utility, hours of operation, and such other factors as Landlord deems relevant. Tenant shall pay its equitable share of such utilities to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (b15) Except days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at anytime and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as otherwise set forth reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in this no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as to the suitability of the utility service for Tenant’s requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease, . Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other service being furnished to the Leased Premisesservice, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to or ▇▇▇▇▇ the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same rent due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityhereunder.

Utilities. Tenant shall pay all charges for water, sewer, gas, electricity and other utilities or like services used or consumed on the Premises (aeach, 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) Subject to at the Tenant’s obligations under Section 3.2 hereofBuilding 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 ensure install a direct meter to measure electricity serving the delivery Premises and, with respect to all other Utility Services being installed as Base Building Work, a direct, sub- or “check” meter for measuring Tenant’s consumption of and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereonsuch Utility Service. Tenant shall alsopay 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 its sole cost 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 expense“check” meters where applicable, provide janitorial services 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 Leased Utility Switching Points to the Premises. (b) Except . Landlord shall be under no obligation as otherwise set forth to any Utility Services beyond the foregoing responsibility to bring such Utility Services to the Utility Switching Points and as required in this Lease, the completion of the Finish Work and Landlord shall not be liable in damages or otherwise for any interruption or failure or interruption in the supply of any utility utilities or other service being furnished Utility Services, except to the Leased Premisesextent expressly set forth below. To the extent permitted by law, Landlord shall have the right at any time and no such failure from time to time during the Term to contract for or interruption shall entitle purchase one or more Utility Services not being obtained directly by Tenant to from any abatement of, set off company or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if third party providing Utility Services (i) an interruption or curtailment, suspension or stoppage of an Essential “Utility Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service InterruptionProvider”), subject to Tenant approval of the proposed Utility Service Provider, such approval not to be unreasonably withheld, conditioned or delayed, and (ii) provided that such alternate Utility Service Interruption continues for more than two (2) full business days after Provider shall be retained on market terms and conditions. In requesting Tenant consent to a proposed Utility Service Provider, Landlord shall have received notice thereof from Tenantprovide 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 (iii) as a result the City of Boston and Boston Gas Company are the approved initial providers of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then respective Utility Services. Provided there shall be an abatement of one dayno unreasonable interference with Tenant’s Base Rent operations within the Premises, Tenant agrees reasonably to cooperate with Landlord and Additional Rent for each day during which such the Utility Service Interruption continues after such two (2) business days. For purposes hereof; Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Leased Premises, water Premises and sewer/septic service and electricityassociated with the delivery of Utility Services. [***]. [***].

Utilities. (a) Subject Tenant shall contract directly and pay for all water, gas, heat, light, power, telephone, sewer, sprinkler charges and other 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, the cost therefor shall be billed by Landlord to Tenant as a part of Tenant’s obligations under Section 3.2 hereof's share of Operating Costs, Landlord shall ensure the delivery of and pay provided that the cost of all utilities electric current for the Building, including electricity, gas, hot lights and cold water. Tenant, however, convenience outlets shall be solely responsible billed by Landlord to Tenant separately from, and in addition to, Operating Costs. Landlord estimates that the present cost of electric current for lights and convenience outlets only shall be $1.00 per square foot. Landlord makes no warranty or representation that such cost will not increase during the installation 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 payment 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 telephone, cable, internet (whether dialwhich such after-up, DSL, cable modem or other hours service shall be needed reasonably estimating the number of hours required for such after-hours service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall alsopay for such additional HVAC service at Landlord's hourly rate in effect from time to time, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except fee schedule initially in effect being attached as otherwise set forth in this Lease, Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other service being furnished to the Leased PremisesExhibit E, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Leasepay all charges therefor when and as billed by Landlord. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there Such charges shall be an abatement of one day’s Base Rent and deemed Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; under the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityLease.

Utilities. (a) Subject Commencing on the Commencement Date, and continuing throughout the Term, Tenant shall pay for utility services as follows without setoff, deduction, or counterclaim: (i) Tenant shall pay directly to the applicable utility service provider for any utilities that are separately metered to the Premises; (ii) Tenant shall pay Landlord as Additional Rent for any utilities that are separately submetered to the Premises based upon Tenant’s obligations under Section 3.2 hereofsubmetered usage, as well as for any maintenance and replacement costs associated with such submeters; (iii) Tenant shall pay Landlord as Additional Rent for its proportionate share of any utilities serving the Premises that are not separately metered or submetered based upon its share of the area served by the applicable meter or submeter; and (iv) Tenant shall ensure the delivery of and pay the cost Landlord as Additional Rent for Tenant’s Share of all utilities serving the Project, excluding the costs of utilities that are directly metered or submetered to Building tenants or paid separately by such tenants (“Project Utility Costs”). As of the date hereof, to Landlord’s actual knowledge, but without prejudice to Landlord’s right to make modifications from time to time: • Electric for the Building, including electricity, gas, hot Premises is paid per proportionate share and cold waterpaid per subsection (iii) above. Tenant, however, shall be solely responsible • Gas for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed Premises is not provided at this time. • Water/Sewer for the Leased Premises or the occupants thereof; including, without limitation, fees is paid per proportionate share and taxes thereonpaid per subsection (iii) above. Tenant shall also, at its sole cost and expense, provide janitorial services • Oil for the Leased Premises. (b) Except as otherwise set forth Premises is not provided at this time. Notwithstanding anything to the contrary in this Lease, Landlord shall have the right to install meters, submeters, or other energy-reducing systems in the Premises at any time to measure any or all utilities serving the Premises, the costs of which shall be included in Project Expenses. For those utilities set forth in subsections (ii) – (iv) above, Landlord shall have the right to estimate the utility charge, which estimated amount shall be payable to Landlord within 20 days after receipt of an invoice therefor and may be included along with the invoice for Project Expenses, provided Landlord shall be required to reconcile on an annual basis based on utility invoices received for such period. The cost of utilities payable by Tenant under this Section shall include all applicable taxes and Landlord’s then-current charges for reading the applicable meters, provided Landlord shall have the right to engage a third party to read the submeters, and Tenant shall reimburse Landlord for both the utilities consumed as evidenced by the meters plus the costs for reading the meters within 20 days after receipt of an invoice therefor. Tenant shall pay such rates as Landlord may establish from time to time, which shall not be in excess of any applicable rates chargeable by Law, or in excess of the general service rate or other such rate that would apply to Tenant’s consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. If Tenant fails to pay timely any direct-metered utility charges from the applicable utility provider, Landlord shall have the right but not the obligation to pay such charges on Tenant’s behalf and b▇▇▇ Tenant for such costs plus the Administrative Fee (as defined in Section 17), which amount shall be payable to Landlord as Additional Rent within 20 days after receipt of an invoice therefor. (b) For any separately metered utilities, 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 in damages or otherwise for any failure or interruption of in providing any utility that Landlord is obligated to provide under this Lease, unless such interruption or other service being furnished to delay: (i) renders the Leased Premises or any material portion thereof untenantable for the normal conduct of Tenant’s business at the Premises, and no Tenant has ceased using such failure untenantable portion, provided Tenant shall first endeavor to use any generator that serves the Premises or interruption 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 entitle be abated with respect to the untenantable portion of the Premises that Tenant to any 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 of, set off or reduction described above shall be Tenant’s sole remedy in the amounts payable event of a utility interruption, and Tenant hereby waives any other rights against Landlord in connection therewith. Landlord shall have the right to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease change the utility providers to the contraryProject at any time. In the event of a casualty or condemnation affecting the Building and/or the Premises, if the terms of Sections 14 and 15, respectively, shall control over the provisions of this Section. (c) If Landlord reasonably determines that: (i) an interruption 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 curtailmentcauses such system to not adequately perform its proper functions; or (ii) the heavy concentration of personnel, suspension motors, machines, or stoppage 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 an Essential Service the Premises), adversely affects the temperature or humidity otherwise maintained by such system, then Landlord shall notify Tenant in writing and Tenant shall have 10 days to remedy the situation to Landlord’s reasonable satisfaction. If Tenant fails to timely remedy the situation to Landlord’s reasonable satisfaction, Landlord shall have the right to install one or more supplemental air conditioning units in the Premises with the cost thereof, including the cost of installation, operation and maintenance, being payable by Tenant to Landlord within 30 days after Landlord’s written demand. Tenant shall not change or adjust any closed or sealed thermostat or other element of the HVAC system serving the Premises without Landlord’s express prior written consent. Landlord may install and operate meters or any other reasonable system for monitoring or estimating any services or utilities used by Tenant in excess of those required to be provided by Landlord (as said term is hereinafter defined) 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 occurpay Landlord’s reasonable charges for installing and operating such system and any supplementary air conditioning, except ventilation, heat, electrical, or other systems or equipment (or adjustments or modifications to the existing Building systems and equipment), and Landlord’s reasonable charges for such amount of excess services or utilities used by Tenant. All supplemental HVAC systems and equipment serving the Premises shall be separately metered to the Premises at Tenant’s cost, and Tenant shall be solely responsible for all electricity registered by, and the maintenance and replacement of, such meters. Landlord has no obligation to keep cool any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agentsinformation technology equipment that is placed together in one room, employees on a rack, or contractors in any similar manner (any such interruption of an Essential Service being hereinafter referred to as a “Service InterruptionIT Equipment”), and (ii) such Service Interruption continues for more than two (2) full business days after Tenant waives any claim against Landlord in connection with Tenant’s IT Equipment. Landlord shall have received notice thereof from the option to require that the computer room and/or information technology closet in the Premises shall be separately submetered at Tenant’s expense, and (iii) as a result of Tenant shall pay Landlord for all electricity registered in such Service Interruptionsubmeter. Within 1 month after written request, the conduct of Tenant’s normal operations Tenant shall provide to Landlord electrical load information reasonably requested by Landlord with respect to any computer room and/or information technology closet in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricity.

Utilities. (a) Subject Landlord agrees to provide at its cost water, electricity and telephone service connections into the premises, but Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler charges and 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 electric light bulbs and tubes. Gas and electric service shall be separately metered to the Tenant’s obligations under Section 3.2 hereofpremises 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 ensure in no event be liable for any interruption or failure of utility services on the delivery 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 ("excess sewer use") and pay also agrees to reimburse Landlord for the costs and expenses related to Tenant's excess sewer use, which shall include, but is expressly herein not limited to the cost of all utilities for the Building, including electricity, gas, hot and cold water. acquiring additional sewer capacity to service Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises's lease. (b) Except as otherwise set forth in this Lease, Landlord shall not be 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 or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricity."

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 (a) Subject such approval not to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of and pay the cost of all utilities for the Building, including electricity, gas, hot and cold waterbe unreasonably withheld). Tenant, however, Tenant shall be solely responsible for the installation and payment promptly pay all charges for telephoneuse or consumption of sewer, cablegas, internet (whether dial-upelectricity, DSL, cable modem or other service) water and all other utility services installed delivered to the Premises. Landlord may make electrical service available to the Premises as provided in Exhibit "C," and so long as Landlord continues to provide such electrical service Tenant agrees to purchase the same from Landlord and pay Landlord for the Leased electrical service (based upon Landlord's determination from time to time of Tenant's consumption of electricity), as additional rent, on the first day of each month in advance (and prorated for partial months), commencing on the Commencement Date at the same cost as would be charged to Tenant from time to time by the utility company which otherwise would furnish such services to the Premises if it provided such services and metered the same directly to the Premises, but in no event at a cost which is less than the cost Landlord must pay in providing such electrical service. Landlord may supply water and other utilities to the Premises, and so long as Landlord continues to provide water or such other utilities Tenant shall pay Landlord for same at the occupants thereof; includingsame cost as would be charged to Tenant by the utility company which otherwise would furnish such service to the Premises if it provided such service and metered the same directly to the Premises, without limitationbut in no event at a cost which is less than the cost Landlord must pay in providing such service, fees and taxes thereonin no event less than the minimum monthly charge which would have been charged by the utility company in providing such service. Landlord may make additional services, including but not limited to, pest control, trash compactor/trash removal, cleaning, and security, available to the Premises and, in such event, Tenant shall utilize such services, at Tenant's expense. Tenant shall alsooperate its heating and air conditioning so that the temperature in the Premises will be approximately the same as that in the adjoining mall, and set Tenant's thermostat at its sole cost and expense, provide janitorial services the same temperature as that thermostat in the mall which is nearest the Premises. Tenant shall be responsible for the Leased Premises. (b) Except as otherwise set forth in this Leaseinstallation, Landlord shall not be liable in damages or otherwise maintenance, repair and replacement of air conditioning, heating and ventilation systems within and specifically for any failure or interruption of any utility or other service being furnished to the Leased Premises, including all components such as air handling units, air distribution systems, motors, controls, grilles, thermostats, filters and no other components. Tenant shall operate ventilation so that the relative air pressure in the Premises will be the same as or less than that in the adjoining mall as reasonably required by the Landlord. In the event Tenant requires the use of telecommunication services, including, but not limited to, credit card verification and/or other data transmission, then Tenant shall contract for such failure or interruption shall entitle Tenant services with one of the service providers available at the Center. In addition to any rental abatement of, set off or reduction in the amounts payable to Landlord hereunder or which Tenant otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contraryis entitled, if Tenant is prevented from using the Premises or any portion thereof for five (i5) an interruption consecutive days or curtailment, suspension or stoppage of an Essential Service ten (as said term is hereinafter defined10) shall occur, except days in any of twelve (12) consecutive month period (the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii"Eligibility Period") as a result of Landlord's failure to provide utilities or services to the Premises, then Tenant's rent shall be abated after the expiration of the eligibility period for such Service Interruptiontime that Tenant continues to be so prevented from using the Premises or portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using bears to the total rentable area of the Premises. However, in the event that Tenant is prevented from so conducting its business in any portion of the Premises for a period in excess of the Eligibility Period, and the remaining portion of the premises is not sufficient to allow Tenant to effectively conduct its business therein, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the conduct 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 reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date such business operations commence. Notwithstanding anything herein in this paragraph which may be to the contrary, Tenant shall not be permitted to abat▇ ▇▇▇t as hereinabove otherwise provided if the failure to provide any such utilities or services to the Premises is as a result of Tenant’s normal operations in 's failure to pay for the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat same or cooling (during the appropriate season), access due to the Leased Premisesnegligence or willful misconduct of Tenant, water and sewer/septic service and electricityits employees, agents or contractors.

Utilities. a. TENANT shall pay all costs for utility services (awhether for installation, service, administration, connection, or maintenance thereof) Subject 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 Tenantutility 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 obligations under Section 3.2 hereofinvoice. LANDLORD agrees that any such costs invoiced to TENANT will be based on the rates charged to LANDLORD by utility supplier, Landlord 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 ensure bear all responsibility for restoration of TENANT’s own property in case of repairs by the delivery LANDLORD or the utility owner. b. The TENANT agrees to indemnify and hold LANDLORD harmless, in LANDLORD’S capacity as utility provider, for defects, failures, or reduced, diminished, or cessation of service furnished by LANDLORD or its suppliers, and LANDLORD further reserves the right to temporarily terminate the supply, or shutdown utilities to, from, or upon the leased Premises if reasonably necessitated for purposes of repairs, replacement, modifications, extensions, or threats to public health, welfare, and safety. c. If TENANT requires utilities beyond what is currently available, TENANT agrees to pay the full cost and expense associated with the upgrade/extension/installation of all such utilities for related to its use of the Building, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other service being furnished to the Leased Premises, and no to comply with all provisions for maintaining such failure utilities. d. The LANDLORD reserves for itself, and its utility providers, the right to upgrade, extend, install, maintain and repair all utilities and services on or across the Premises, whether or not such services or utilities are for the benefit of TENANT. The LANDLORD shall take all reasonable care and diligence to protect existing improvements and utilities, and shall avoid to the greatest extent possible, any unreasonable interference or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or TenantTENANT’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityoperations.

Utilities. (a) Subject 6.1 Sublessee will contract separately and independently with providers to supply all electrical, beating, fuel oil, and alarm services to the Tenant’s obligations under Section 3.2 hereofDemised Premises. All costs associated with such services, Landlord shall ensure the delivery of and pay the cost of all utilities for the Buildingincluding, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet but not limited to fees or expenses related to re-routing utility conduits (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees for fuel oil) in order that the Demised Premises is suitable for Sublessee’s operation and taxes thereonseparation of the foregoing utilities set-up costs. Tenant shall alsoactivation fees, at its sole cost maintenance, usage, and expenseother charges, provide janitorial services will be the responsibility of Sublessee. Sublessee will work with Base Lessor as necessary to effect the proper separation of the foregoing utilities so Sublessee can contract for such utilities independently and Sublessee will bear all costs related to or arising from such separation. Sublessor will reasonably facilitate communication between Sublessee and Base Lessor for the Leased foregoing purposes. For all other utilities provided to the Demised Premises, including, but not limited to hot and cold water services and other utilities which are not reasonably capable of submetering, Sublessor will ▇▇▇▇ Sublessee, based on Sublessee’s proportionate use of the 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 defined below). Amounts owed to Sublessor for the Utilities Invoice will be paid within thirty (30) days of Sublessee’s receipt of Sublessor’s statement therefor. If such amounts are not received by Sublessor on or before the date in which said payment is due, a service charge of five percent (5%) thereof will be paid by Sublessee in addition to the payment due. 6.2 Sublessor agrees to provide Sublessee with access to an additional four hundred (b400) Except as otherwise set forth in this LeaseKilowatts of electricity output that is available on the Property (the “Extra Power”); provided, Landlord shall not Sublessee will be liable in damages or otherwise responsible for any failure or interruption all costs related to Sublessee’s use of any utility or other service being furnished to the Leased PremisesExtra Power including, and no such failure or interruption shall entitle Tenant to any abatement ofwithout limitation, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any the initial assessment to determine the extent of the same due Extra Power available, (ii) Sublessor’s installation of a submetering device and other modifications necessary to any negligent or wrongful act or neglect of Tenant or Tenant’s agentsprovide for separate metering, employees or contractors (any such interruption of an Essential Service being hereinafter referred iii) expenses incurred by Sublessor to as a “Service Interruption”)break applicable usage contracts in order to provide the Extra Power, and (iiiv) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenantall other applicable costs including, without limitation, set-up costs, activation fees, maintenance, and usage charges. The work and services performed under this Section 6.2 may be done or overseen by an employee of Sublessor and billed back to Sublessee. Other than the initial assessment referenced in subsection (iiii) as a result of such Service Interruptionthis Section 6.2, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affectedwhich has already been conducted, then there shall all work to be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access performed related to the Leased Premises, water and sewer/septic service and electricityExtra Power will not commence without Sublessee’s approval.

Utilities. (a) Subject Licensor covenants and agrees to maintain public utilities to furnish any electricity and water utilized in operating any and all of the facilities serving the Premises. Licensor and Licensee shall 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 for all water, gas, heat, light, power, telephone and other such utilities separately metered to the TenantPremises. If any utilities and services are not supplied and separately metered to the Premises, Licensee shall pay Licensee’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of and pay the cost Proportionate Share (as defined pursuant to Article 5(b)) of all utilities for and services serving the Building, including electricity, gas, hot and cold waterProperty in common with other occupants of the Property. Tenant, however, No interruption or failure of utilities shall be solely responsible for result in the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises termination of this Agreement or the occupants thereof; includingabatement of rent, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except except as otherwise set forth in this Lease, Landlord shall not be 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 or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Leaseexpressly provided below. Notwithstanding anything contained in this Lease herein to the contrary, if (i) an in the event that such interruption or curtailmentcessation 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, suspension 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 stoppage cessation, and continuing until the date on which the utilities are restored and the Premises are again tenantable. No abatement of an Essential Service (rentals as said term hereinabove described will apply to the extent such interruption of utilities is hereinafter defined) shall occurthe result of Licensee’s alterations to the Premises or Capital Improvements, except any of the same due to or any negligent or wrongful act or neglect omission of Tenant or Tenant’s Licensee, its agents, employees or contractors (contractors, or any cause other than the negligent or willful act or omission of Licensor or its employees, agents or contractors. In the event that Licensor has advance knowledge of, or otherwise plans an interruption or cessation of utilities, Licensor shall give Licensee at least 14-day advanced notice or such interruption of an Essential Service being hereinafter referred to other greater advanced notice as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, is reasonable under the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricitycircumstance.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, 3.5.1 Landlord shall ensure have the delivery of and pay right from time to time to select the cost of all utilities for the Building, including company or companies providing electricity, gas, hot fuel, one or more categories of Telecommunication Services and cold any other utility services to the Building. Landlord reserves the right to change electricity providers for the Building at any time and to purchase green or renewable energy, provided that the cost of 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 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 1:00 p.m. on the immediately preceding Business Day with respect to service on non-Business Days. The charge to Tenant for After-Hours HVAC shall be solely responsible at Landlord’s then-standard hourly rate in effect from time to time for After-Hours HVAC; provided, however there will be no charge for After-Hours HVAC on Saturdays between 8:00 AM and 12:00 noon (although Tenant must request same as set forth in the preceding sentence). Any HVAC service on holidays shall be considered After-Hours HVAC. 3.5.5 Tenant shall not install any supplemental HVAC, space heaters or other utilities or energy-intensive equipment (“Supplemental Utilities Equipment”) in the Premises without Landlord’s prior written consent, which consent shall not be unreasonably withheld and excluding any such equipment included in the Plans and Specifications approved by Landlord. In the event that Landlord consents in writing to such installation, Tenant shall be responsible, all at its sole cost and expense, for the installation installation, maintenance, and payment repair of any of Supplemental Utilities Equipment, and, at Landlord’s election, shall remove same from the Premises upon the expiration or termination of the Lease Term at Tenant’s sole cost and expense. If Tenant’s request for telephoneLandlord’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, cableLandlord shall identify such Supplemental Utilities Equipment (if any) by a written notice to Tenant given at the time of Landlord’s approval if, internet (whether dialbut only if, Tenant’s request for approval of such Supplemental Utilities Equipment is submitted with a notice at the top of the page having a heading in at least 12-uppoint type, DSLbold and all capital letters stating “LANDLORD’S APPROVAL MUST IDENTIFY ANY SUPPLEMENTAL UTILITIES EQUIPMENT WHICH LANDLORD MAY REQUIRE TENANT TO REMOVE UPON THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE”, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereonTenant shall have no obligation to remove any Supplemental Utilities Equipment which has not been so identified by Landlord. Tenant shall alsoagrees that it will maintain and 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 janitorial services for 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 Leased Premises. (bevent of an emergency, where no notice is required) Except as otherwise set forth in this Lease, Landlord shall have the right to inspect, on not be liable 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 damages or otherwise for any failure or interruption of any utility or other service being furnished to the Leased PremisesBuilding, and no Tenant will remove, at Tenant’s sole cost and expense, any such failure Supplemental Utilities Equipment at Landlord’s direction in the event of such disturbance or interruption shall entitle interference. Landlord reserves the right to separately submeter (or cause Tenant to separately submeter) any abatement ofSupplemental Utilities Equipment, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Leaseall at Tenant’s sole cost and expense. Notwithstanding anything contained in this Lease herein to the contrary, if (i) an interruption or curtailmentin the event that any Supplemental Utilities Equipment is required to be removed from the Premises by Tenant pursuant to the terms of this paragraph 3.5.5, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any Landlord may perform such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”)removal at its election, and (ii) Tenant shall reimburse Landlord for any costs relating thereto, or in the event that Tenant performs such Service Interruption continues removal, Tenant shall be responsible to Landlord for more than two (2) full business days after Landlord shall have received notice thereof from any damage caused to the Premises or Building in connection therewith. 3.5.6 To the extent reasonably available to Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there Tenant shall be an abatement of one day’s Base Rent required to submit to Landlord any electricity consumption data and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricitycosts in a format deemed reasonably acceptable by Landlord.

Utilities. During each calendar year or part thereof during the Lease Term, Tenant shall pay 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 more particularly described in this Section 4.7 (aall such costs payable by Tenant pursuant to this Section 4.7 shall be referred to as “Tenant’s Monthly Utility Charge”, and all such amounts shall constitute rent hereunder). All electricity directly serving the Premises (“Direct Electrical Costs”) Subject shall be separately metered or submetered and Tenant shall 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 Tenant’s obligations under Section 3.2 hereofentity providing such electricity. With respect to all utility costs for the Premises other than Direct Electrical Costs (collectively, “Other Utility Costs”), Landlord shall ensure have the delivery right, from time to time, to equitably allocate some or all of and pay the such Other Utility Costs among cost pools for different portions or occupants of all utilities for the Building, including electricityin Landlord’s reasonable discretion. Such cost pools may include, gasbut shall not be limited to, office space tenants and retail space tenants of the Building. The utility costs within each such cost pool shall be allocated and charged to the tenants 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 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 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 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 waterwater 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 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, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its Tenant’s sole cost and expense, provide janitorial services for shall maintain all HVAC facilities from the Leased Premises. (b) Except as otherwise set forth in this Lease, point of connection to the Premises and Landlord shall not be liable in damages or otherwise for any failure or interruption maintain all HVAC facilities serving the Project generally, up to their point of any utility or other service being furnished connection to the Leased Premises. Tenant shall pay Landlord, as additional rent, $1.26 per cooling per one hundred thousand BTU and no such failure or interruption shall entitle Tenant $2.62 per heating per one hundred thousand BTU, which rates are subject to any abatement of, set off or reduction change from time to time based on increases in the amounts payable utility costs charged to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to by the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityapplicable utility companies.

Utilities. (a) Subject a. From and after the Ready for Occupancy Date and at all times during the Lease Term, Tenant covenants and agrees to pay, prior to delinquency, the costs and charges for all utilities, including but not limited to gas, propane, electricity, water and sewer, telephone, and trash service used and consumed by Tenant, its employees, agents, servants, customers and other 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 charges, Landlord may, at its option, pay the same for and on Tenant’s obligations under Section 3.2 hereofaccount, 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 ensure the delivery have no liability for interruption of any utility service, and Tenant may not ▇▇▇▇▇ rent, unless due to Landlord’s gross negligence or willful misconduct, and not due to any fault of Tenant but Landlord shall in any event diligently proceed to have such utility service promptly restored. b. Tenant, at Tenant’s expense shall pay the cost of for all utilities for the Buildingincluding water, including electricitysewer, gas, hot telephone, trash, and cold water. Tenant, however, shall be solely responsible electricity to the Premises for the installation use of Tenant. Landlord shall, at Landlord’s expense, install meters or submeters (if meters or submeters are not already on the Premises) to separately measure Tenant’s consumption of water, and payment for telephone, cable, internet electrical and gas energy (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereonif supplied). Tenant shall also, keep meters and installation equipment in good working order and repair at its Tenant’s sole cost and expense; failure to do so may allow Landlord to cause such meters and equipment to be replaced or repaired, provide janitorial services for and collect the Leased Premises. (b) Except cost thereof from Tenant as otherwise set forth in this Lease, Landlord shall Additional Rent. If any utility cannot be liable in damages separately metered or otherwise for any failure or interruption of any utility or other service being furnished separately determined, Tenant agrees to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice pay its pro rata share thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there which shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access determined by a flow meter to the Leased Premises, water and sewer/septic service and electricitybe installed by Landlord.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, howeverjanitorial services, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; , including, without limitation, fees and taxes thereon. Tenant Landlord shall also, at its sole cost and expense, additionally provide janitorial services a generator for electricity that automatically provides back-up electric power for the Leased PremisesBuilding in the event of a failure of the applicable utility to do so. (b) Except as otherwise set forth in this Lease, Landlord shall not be 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 or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contraryforegoing, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of electrical service to the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), Building occurs and (ii) such Service Interruption continues without restoration for more than two twenty-four (224) full business days hours after Landlord shall have received notice thereof from Tenant, and (iiiii) as a result of such Service Interruptioninterruption or curtailment, suspension or stoppage of electrical service to the Building, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there 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 an abatement responsible for any cost or expense incurred by Tenant for damage or loss of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; any biological or medical materials, substances or supplies kept on the term “Essential Services” shall mean the following services: heat Leased Premises, whether resulting from any failure or cooling (during the appropriate season), access interruption of any utility or other service being furnished to the Leased Premises, water 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 sewer/septic service maintain the Leased Premises at a commercially reasonable temperature to comply with ASHRAE standards for office and electricitylaboratory occupancy, as applicable, between the hours of 8 a.m. to 6 p.m. on weekdays that are not official national or state holidays. Tenant acknowledges and understands that the temperature within the Leased Premises is centrally controlled and timed and is measured by sensors in the Leased Premises that are subject to manual override with respect to timing. Landlord agrees that so long as Tenant does not operate its business within the Leased Premises in more than a single shift that runs between such times, Tenant shall have the right to override the timing controls during off hours and on weekends to ensure that the Leased Premises are at a commercially reasonable temperature. However, in the event that Tenant shall maintain more than one operating shift, Tenant acknowledges and agrees that Landlord may charge Tenant for the additional utility charges incurred by Landlord to maintain the Leased Premises at a commercially reasonable temperature to comply with ASHRAE standards for. office and laboratory occupancy, as applicable, during off hours and weekends.

Utilities. (a) Subject Landlord shall provide mains and conduits to supply water, gas, electricity and sanitary sewage to the Tenant’s obligations under Section 3.2 hereofProperty. Tenant shall pay, Landlord shall ensure when due, directly to the delivery of and pay the cost of appropriate provider, all utilities charges for the Buildingsewer usage or rental, including garbage disposal, refuse removal, water, electricity, gas, hot and cold water. Tenantfuel oil, howeverL.P. gas, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and telephone and/or other utility services installed for or energy source separately metered and furnished to the Leased Premises during the Term of 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 occupants thereof; includingPremises are jointly metered with other premises, without limitationLandlord will make a commercially reasonable determination of Tenant’s proportionate share of such Utility Costs and Tenant, fees within thirty (30) days following Tenant’s receipt of an invoice therefore, shall pay such share to Landlord as Additional Rent. For any utility service furnished to the Premises not separately metered, such as water and taxes thereon. Tenant sewer, Landlord shall alsohave the right, at its sole cost election and expenseat any time, provide janitorial services to install at Tenant’s expense a submeter to measure the Premises’ use of such utility service, in which event Tenant, within thirty (30) days following Tenant’s receipt of an invoice therefore, shall reimburse Landlord from time to time as Additional Rent for the Leased cost of such utility service used by the Premises. (b) Except as otherwise set forth . 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 deemed Additional Rent in this Lease, accordance with Article 3. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other service being furnished to the Leased Premisesfor, and no such failure or interruption Tenant shall entitle Tenant not be entitled to any abatement of, set off or reduction in the amounts payable of Base Rent or Additional Rent by reason of Landlord’s failure to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except furnish any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agentsforegoing utilities, employees or contractors when such failure is caused by accident, breakage, repairs (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”including replacements), and (ii) such Service Interruption continues strikes, lockouts or other labor disturbances or labor disputes of any character, or for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityany other causes.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, Tenant shall be solely responsible for, and promptly --------- pay as and when due, all changes and assessments for the installation and payment for telephoneheat, cablegas, internet (whether dial-upelectricity, DSL, cable modem or other service) telephone and other utility services installed for utilities used, consumed or provided to or on the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall alsoshall, at its Tenant's sole cost and expense, provide janitorial services arrange with the appropriate utility companies for the provision, augmentation or modification of such utilities to the Leased Premises. (b) Except as otherwise set forth in this Lease. Notwithstanding anything herein to the contrary, Landlord shall not be liable in damages or otherwise any respect for any failure damages whatsoever, whether to or with respect to person, property, Tenant's business or otherwise, for interruption of 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 service being furnished to 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, and no such failure (b) constitute grounds for abatement, reduction or interruption rebate, in whole or in part, of Rent or any other sum payable by Tenant hereunder, or (c) release or relieve Tenant of or from any Tenant's obligations hereunder. In the event landlord shall entitle Tenant elect, or be required by governmental authorities, to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations install in the Leased Premises are materially adversely affected, then there shall be an abatement individual meters or other devices to measure any or all of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to utilities consumed in the Leased Premises, water Tenant shall pay to Landlord the charges incurred for such meters and sewer/septic service and electricitythe installation thereof in the Leased Premises. If any such utilities are not separately measured, Tenant shall pay to Landlord, within thirty (30) days after Tenant's receipt of Landlord's written demand therefor, Tenant's allocable share of such utilities as reasonably determined by Landlord.

Utilities. 10.1 Landlord agrees to cause to be provided such mains, conduits and other facilities necessary to supply electricity, water, sewer, telephone and gas (aif available) Subject to the Premises, in accordance with and subject to any special provisions contained in Exhibit “C”. 10.2 Tenant shall pay, prior to delinquency, all charges for electricity, water, sewer, telephone, solid waste and garbage removal, gas (where applicable), and chilled water service (where applicable) furnished to the Premises, and Landlord may, if it so elects, furnish one or more of such services to Tenant’s obligations under Section 3.2 hereof, and, in such event, Tenant shall purchase such services as are Please initial: Landlord: Tenant: tendered by Landlord and shall pay for such services at the rates actually paid therefor by Landlord to the applicable public utility provider, provided that such rates shall not exceed the rates which would be charged for the same service if furnished directly by the applicable public utility then furnishing such service. In the event that at any time during the Term, or any extensions and renewals thereof, Tenant shall fail to pay any of the foregoing charges within thirty (30) days after written demand therefor, Landlord shall ensure have the delivery right, but not the obligation, to pay such charge or charges for and on behalf of Tenant and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, such amounts so paid shall be solely responsible for the installation deemed to be additional rent hereunder and payment for telephone, cable, internet shall be payable by Tenant to Landlord upon at least thirty (whether dial-up, DSL, cable modem or other service30) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premisesdays after written demand therefor. (b) 10.3 Except as otherwise set forth provided in this LeaseSection, Landlord shall not be liable in damages the event of any interruption in the supply of any utilities including without limitation any heating and air-conditioning if provided. Tenant agrees that it will not install any equipment which will exceed or otherwise for any failure or interruption overload the capacity of any utility or other service being furnished 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 the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction be approved in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Leasewriting by Landlord. Notwithstanding anything contained in this Lease the lease to the contrary, if (i) an any interruption of utilities or curtailmentservices, suspension or stoppage of an Essential Service (as said term which is hereinafter defined) shall occur, except any of the same due to any negligent the negligence of Landlord, its agents or wrongful act or neglect of Tenant or Tenant’s agentsemployees, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues shall continue for more than two twenty-four (224) full business days after Landlord continuous hours and shall have received notice thereof from Tenant, and (iii) as a result render any portion of such Service Interruption, the Premises unusable for the normal conduct of Tenant’s normal operations business, and if Tenant does not in fact use or occupy such portion of the Leased Premises are materially adversely affectedPremises, then there all rent payable hereunder with respect to such portion of the Premises which Tenant does not occupy shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two abated retroactively to the first (21st) business days. For purposes hereof; day of such interruption and such abatement shall continue until full use of such portion of the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access Premises is restored to the Leased Premises, water and sewer/septic service and electricityTenant.

Utilities. Lessor furnishes only TRASH & GARDENING_. In case of rationing or Lessee negligence or waste, Lessor may bill Lessee for trash or water costs that exceed normal costs by 10%. a. Lessees shall have Gas (aif available) Subject to and Electricity service put in Lessees’ name on or before the Tenant’s obligations under Section 3.2 hereof, Landlord Lease commencement date and Lessees shall ensure the delivery of and pay the cost of all utilities for the Building, including electricity, maintain gas, hot and cold waterelectricity throughout the entire lease term. TenantIf 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, howeverin addition to payment of the amount owing on the utility bill, a fee of $35 per utility bill received, shall be solely 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 (i.e. a water meter that meters water only to the Premises leased hereunder), then the Lessees are responsible for contracting with the installation 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 telephone, cable, internet (whether dial-up, DSL, cable modem this Premises may include utility usage for the laundry room or other service) portions of the building in which the Premises are located. This Lease is the written agreement between Lessees and other Lessor, and Lessees understand that their utility services installed meter may be used for utilities outside of the Leased Premises interior of the Premises. This will not change, alter, or the occupants thereof; including, without limitation, fees amend responsibility for payment of utilities and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except rent as otherwise set forth in this Lease. Lessees have been advised per this paragraph, Landlord shall not be liable in damages 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 otherwise cable service, it is Lessee’s responsibility to contract for any failure or interruption such service and pay for those services. Lessees are responsible for the cost of any utility installation or other service being furnished equipment necessary for such services. Satellite TV dishes are NOT to the Leased Premises, and no such failure or interruption shall entitle Tenant be attached to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any exterior surface of the same due to any negligent Premises or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, upon the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityProperty.

Utilities. (a) Subject Throughout the term of this Lease Tenant agrees to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of and pay the cost of for all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) water natural gas electricity and other utility services installed for furnished to or consumed by Tenant in the Leased Premises or due with respect to the occupants thereof; including, without limitation, fees and taxes thereonProperty prior to the Commencement Date. Tenant Tenant's obligations under this Section 12 shall also, at its sole cost and expense, provide janitorial services for survive the Leased Premises. (b) Except as otherwise set forth in 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 liable in damages to Tenant or otherwise any other person or entity for any failure loss, damage or interruption expense which may be sustained if the quality or character of any electric service other utility or other service being furnished to the Leased PremisesPremises is changed, and or such service is no such failure longer available or interruption shall entitle Tenant to suitable for Tenant's requirements or if the service ceases or is interrupted or impaired by fire other casualty or Act of God the making of necessary repairs or Improvements or by any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Leasecauses beyond Landlord's control. Notwithstanding anything contained to the contrary set forth in this Lease to the contrarySection 12, Landlord hereby agrees that if (i) there is an interruption or curtailmentdiscontinuance of gas, suspension water, sewer or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of electric utilities to the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any Premises that renders the Premises untenantable and such interruption or discontinuance is Within Landlord's reasonable control (other than an interruption resulting from a casualty as described in, Section 14 hereof) and continues for a period of an Essential Service being two (2) or more consecutive business days after Landlord receives notice thereof from Tenant (hereinafter referred to as a “Service an "Unauthorized Interruption”"), Tenant's 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 (ii) or has failed to commence to cure such Service cause or remediate such interruption if it cannot be fully cured or reasonably remediated within such 2-day period). In any case if the Unauthorized Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a is the result of such Service Interruptionany misconduct or negligent acts on the part of Tenant its agents or employees, or due to Tenant's failure to comply with the provisions hereof. Tenant's rent shall not abate exce▇▇ ▇▇ the extent of Landlord's recovery with regard to the Premises under its rental insurance if Tenant continues to nonetheless use any part of the Premises for conducting its business, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there rent shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access abate only ▇▇ ▇roportion to the Leased Premises, water part rendered untenantable and sewer/septic service and electricitynot so used.

Utilities. (a) Landlord shall arrange for the supply of gas and electricity to the Leased Premises and Tenant shall reimburse Landlord for the cost thereof pursuant to Paragraph 3.1. Tenant shall arrange for and provide water service to the entirety of the Property, shall obtain such service in Tenant's name and shall pay the 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 whether or not the 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 the Tenant’s obligations under Section 3.2 Paragraph 3.3 hereof, Landlord Tenant shall ensure the delivery of pay all charges and pay the cost of all utilities special charges for the Building, including electricitywater, gas, hot electricity and cold water. storm and sanitary sewer services, and other waste discharge services and permits as so supplied to the Leased Premises, irrespective of whether or not the services are maintained in Landlord's or Tenant's name, however, provided that Tenant shall be solely responsible required to pay only for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereonactual cost of such services. Tenant shall alsoEither party hereto, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be 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 or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in hereto may cause the Leased Premises are materially adversely affectedor the Building to be separately metered for gas, then there electricity and/or water, in which case Tenant shall arrange for any such separately metered service to be an abatement of one day’s Base Rent put in Tenant's name and Additional Rent shall pay the cost for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access service directly to the Leased Premisesutility provider, water and sewer/septic in which case Expenses shall not include the cost of any such service and electricitypaid directly by Tenant.

Utilities. (a) Subject Commencing on the Commencement Date, and continuing throughout the Term, Tenant shall pay for utility services as follows without setoff, deduction, or counterclaim: (i) Tenant shall pay directly to the 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 obligations under submetered usage, (Landlord shall be responsible for any maintenance and replacement costs associated with such submeters; the costs of which may be included in Operating Expenses); and (iii) Tenant shall pay Landlord for Tenant’s Share of Project Utility Costs, as set forth in Section 3.2 5 above. “Project Utility Costs” means the total cost for all utilities serving the Project, excluding the costs of utilities that are directly metered or submetered to Building tenants or paid separately by such tenants. As of the date hereof, Landlord shall ensure the delivery of and pay the cost of all utilities to Landlord’s actual knowledge, but without prejudice to Landlord’s right to make modifications from time to time: · Electric for the Buildinglights and plugs of the Premises is currently separately submetered, including electricity, gas, hot and cold waterelectric for HVAC serving the Premises is paid as part of Operating Expenses pursuant to Section 5. Tenant, however, shall be solely responsible for Notwithstanding anything to the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth contrary in this Lease, Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility have the right to install meters, submeters, or other service being furnished energy-reducing systems in the Premises at any time to measure any or all utilities serving the Leased Premises, and no 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 failure utilities separately as Additional Rent (payable within 30 days after receipt of an invoice therefor), or interruption include such utilities in amounts due as Project Expenses. Landlord shall entitle Tenant have the right to any abatement ofestimate the utility charge, set off or reduction in the amounts which estimated amount shall be payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage within 30 days after receipt of an Essential Service (as said term is hereinafter defined) invoice therefor and may be included along with the invoice for Project Expenses, provided Landlord shall occurbe required to reconcile on an annual basis based on utility invoices received for such period. The cost of utilities payable by Tenant under this Section shall include all applicable taxes and Landlord’s then-current reasonable charges for reading the applicable meters, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after provided Landlord shall have received the right to engage a third party to read the submeters, and Tenant shall reimburse Landlord for both the utilities consumed as evidenced by the meters plus the costs for reading the meters within 30 days after receipt of an invoice therefor. Tenant shall pay such rates as Landlord may establish from time to time, which shall not be in excess of any applicable rates chargeable by Law, or in excess of the general service rate or other such rate that would apply to Tenant’s consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. If Tenant fails to pay timely any direct-metered utility charges from the applicable utility provider, and such failure continues uncured following fifteen (15) days written notice thereof from 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 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 (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access conditions applicable to the Leased Premisesservice, water equipment, wiring, and sewer/septic service and electricityrequirements of the utility supplying electricity to the Building.

Utilities. (a) Subject Landlord agrees that during the Lease Term the Demised Premises shall be connected to the Tenant’s obligations under Section 3.2 hereofelectric and gas lines serving the municipality wherein the Demised Premises are located and to the water and sewer systems of such municipality. Landlord agrees that during the Lease Term (i) all such water, Landlord shall ensure the delivery of and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, gas shall be solely responsible for in such amounts per unit of time as shall be required by the installation and payment for telephone, cable, internet provisions of Schedule C (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees sufficient water for air conditioning) and taxes thereon(ii) all such sewerage disposal facilities shall be of such capacity as shall be required by the provisions of Schedule C. If for any reason the Demised Premises cannot be connected to such municipality's water and/or sewer systems on the Commencement Date, Landlord shall then provide water and/or sewer systems which (i) shall be of such capacity as shall be required by the provisions of Schedule C, (ii) shall be subject to the prior written approval of Tenant and (iii) shall meet the requirements of all public authorities having jurisdiction with respect thereto. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Leasenecessary to make required repairs or alterations, Landlord shall not be liable 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 damages or otherwise for any failure or interruption advance) of any utility action which is likely to interfere with or other service being furnished interrupt such services to the Leased Demised Premises, including action reasonably necessary to make required repairs or alterations, and no such failure Landlord shall not take, or interruption shall entitle Tenant give permission to any abatement ofoccupant of the Shopping Center or any person claiming under Landlord or any such occupant, set off to take any such action without Tenant's consent, which shall not be unreasonably withheld or reduction delayed. Notwithstanding such notice, in the amounts payable to event that Landlord hereunder causes or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (permits any such interruption of an Essential Service being hereinafter referred or interference to as a “Service Interruption”)occur and continue for longer than one (1) day, and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there ▇▇▇▇▇▇'s Minimum Rent shall be an abatement of one day’s Base Rent and Additional Rent abated for each additional day during which that such Service Interruption interruption or interference continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access in proportion to the Leased Premises, water and sewer/septic service and electricityinterruption or interference.

Utilities. All services, including but not limited to janitorial, dumpster, and pest control; and all utilities (a) Subject to including any additional utility services not already provided at the Tenant’s obligations under Section 3.2 hereofPremises), Landlord telecommunications and internet services, interior and non-structural expenses within the Premises shall ensure 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 (and pay trash removal/dumpster services) shall be arranged for and paid directly by the Tenant when due. Tenant is responsible for all deposits and the cost of all connection of said utilities for serving the BuildingPremises, including electricitybut not limited to panels, gasmeters, hot and cold waterwiring, provided that Landlord represents and warrants that all required meters or submeters for electricity are installed, or will be installed and will be in good working order within thirty (30) days of the Commencement Date. Utilities that are not separately metered (and shared trash removal/dumpster services) shall be reasonably allocated by 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 Alterations or other uses agreed to by the parties in writing, excluding any portions of such facilities and systems installed by Tenant, however, which shall be solely responsible for maintained by Tenant. In the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other event Tenant requires any additional utility services installed for the Leased Premises or the occupants thereof; not specifically set forth in this Section 8(a), including, without limitation, fees and taxes thereon. additional amperage to the Building, Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be liable in damages or otherwise responsible for any failure or interruption of any and all costs associated with such additional utility or other service being furnished to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Leaseservices. Notwithstanding anything contained in this Lease to the contraryFurthermore, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except there are any of the same due to any negligent or wrongful act or neglect of additional generator services that Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) may require as a result of its Permitted Use, Tenant shall be responsible for any and all actual costs associated with such Service Interruptionadditional generator services, including, without limitation, the conduct cost of Tenant’s normal operations in the Leased Premises are materially adversely affecteda new generator, then there shall be an abatement of one day’s Base Rent its installation, maintenance, upkeep and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityadditional utility costs.

Utilities. a. LESSEE shall pay all costs for utility services (awhether for installation, service, administration, connection, or maintenance thereof) Subject 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 Tenantutility 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 obligations under Section 3.2 hereofinvoice. ▇▇▇▇▇▇ agrees that any such costs invoiced to LESSEE will be based on the rates charged to LESSOR by utility supplier, Landlord 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 ensure bear all responsibility for restoration of LESSEE’s own property and improvements in case of repairs by the delivery LESSOR or the utility owner. b. The LESSEE agrees to indemnify and hold LESSOR harmless, in LESSOR’s capacity as utility provider, for defects, failures, or reduced, diminished, or cessation of service furnished by LESSOR or its suppliers, and LESSOR further reserves the right to temporarily terminate the supply, or shutdown utilities to, from, or upon the leased Premises if reasonably necessitated for purposes of repairs, replacement, modifications, extensions, or threats to public health, welfare, and safety. c. If LESSEE requires utilities beyond what is currently available, ▇▇▇▇▇▇ agrees to pay the full cost and expense associated with the upgrade/extension/installation of all such utilities related to its use of the Premises, and to comply with all provisions for maintaining such utilities. d. The LESSOR reserves for itself, and its utility providers, the right to upgrade, extend, install, maintain and repair all utilities and services on or across the Premises, whether or not such services or utilities are for the Buildingbenefit of LESSEE. The LESSOR shall take all reasonable care and diligence to protect existing improvements and utilities, and shall avoid to the greatest extent possible, any unreasonable interference or interruption to LESSEE’S operations. e. LESSEE shall design and install all utilities used by LESSEE subject to the express approval of the LESSOR prior to installation. All utilities, including electricitybut not limited to, electrical, gas, hot data and cold water. Tenant, however, communications utilities installed or caused to be installed shall be solely responsible for the installation underground, and payment for telephone, cable, internet (whether dial-up, DSL, cable modem no utility services or other service) cables or wires shall be installed on poles or otherwise above ground. Unless otherwise provided in this Agreement, all conduits or ducts installed shall be considered fixtures as defined under Section 21 TITLE TO FACILITIES, IMPROVEMENTS AND FIXTURES, and other shall become the owned property of LESSOR. All utility services installed for facilities installations shall meet the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premisesrequirements of Section 18 FUTURE ALTERATION AND IMPROVEMENT STANDARDS of this Agreement. (b) Except as otherwise set forth in this Lease, Landlord f. Wastes not legally permitted and authorized for disposal into the storm and/or sanitary drainage system shall not be liable in damages discharged, connected or otherwise for introduced into storm and/or sanitary drains and the storm and/or sanitary drainage system. LESSEE shall take all reasonable precautions to prevent the discharge of material into any failure drainage system that would create interference with the flow therein, or interruption that would cause a hazard or unlawful contamination thereto. A copy of any utility or other service being furnished LESSEE’S Stormwater Pollution Prevention Plan and Spill Prevention Control and Countermeasure Plan shall be submitted to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in LESSOR upon the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityLESSOR’S request.

Utilities. (a) Subject A. Tenant shall be responsible for coordinating and paying for its utilities directly with and to utility providers. Where possible, utilities shall be separately metered and Tenant shall pay such charges directly to the respective utility company or agency. B. CITY has provided some utility infrastructure on the Airport property and Tenant has familiarized itself with such infrastructure and determined what else Tenant must install to meet Tenant’s obligations under Section 3.2 hereof, Landlord needs. Tenant shall ensure be responsible for the delivery of construction and pay the cost expense of all utilities utility improvements and connections on and to the Premises except those that already exist on the effective date. In the event that installation of a fire hydrant is necessary in order for Tenant to have sufficient fire protection service to the Buildingcontemplated Tenant Improvements, including electricity, gas, hot and cold water. Tenant, however, Tenant shall be solely responsible for the installation of the fire hydrant and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premisesrelated infrastructure in compliance with all applicable codes. (b) Except as otherwise set forth in this Lease, Landlord shall not be liable in damages or otherwise C. Tenant waives any and all claims against CITY for compensation for any failure and all loss or interruption damage sustained by reason of any defect, deficiency, or impairment of any utility system unless such loss or other service being furnished 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 Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement ofgrant necessary utility easements, set off or reduction provided that in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease exercise of such 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 contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), Premises and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) improvements thereon caused by CITY as a result of the exercise of such Service Interruptionreserved rights. CITY also reserves the right to utilize any existing surface and underground pipes, pumps, utility lines or hydrant systems on the conduct 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 coordinate with Tenant, and shall use best efforts to be the least intrusive to Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityas commercially practicable.

Utilities. (a) Subject 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 makes available to the 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 obligations under Section 3.2 hereof, 's apparatus. Landlord shall ensure 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 delivery Term of and pay this Lease, either the cost quantity or character of all utilities electric current is changed or electric current is no longer available or suitable for the Building, including electricity, gas, hot and cold waterTenant's requirements due to a factor or cause beyond Landlord's control. Tenant, howeverat Tenant's expense, shall purchase and install any replacement lamps, tubes, bulbs, starters and ballasts which may be solely responsible needed during the Term. Tenant shall pay all charges for electricity used or consumed in the Premises. Electricity is currently furnished to the entire Building through one meter which enters the Buildings through the Warehouse in premises being leased to Executive Warehouse, Inc. ("EWI"). EWI has the right, under its lease (the "EWI Lease") with Landlord to, if EWI so elects, install an electric sub-meter or sub-meters at EWI's sole cost and expense (which cost may be shared with Tenant in such proportion as EWI and Tenant may agree) in order to measure electrical usage by Tenant and EWI during each monthly electricity billing period. The EWI Lease provides that EWI will coordinate any such submeter installation with Tenant. The EWI Lease also provides that if EWI installs such sub-meter or sub-meters, EWI shall read the main meter and payment 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 telephoneany reason, cableTenant has not received a statement of its share of electricity charges under this Section 4.9 by the end of each calendar month, internet Tenant shall promptly notify Landlord. Tenant shall pay its share of the electrical charge to Landlord each month upon the later to occur of (whether diali) 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-upmeter 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, DSLif it so elects, cable modem or other service) and other 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 installed for provided directly to the Leased Premises or the occupants thereof; including, without limitation, fees electricity, gas, water, sewer and taxes thereon. Tenant shall alsothe cost of providing heating, at its sole cost ventilating and expense, provide janitorial services for air-conditioning to the Leased Premises. (b) Except Tenant, in cooperation with EWI, shall read each of the utility meters or submeters promptly at the end of each monthly electricity, sewer, water and gas billing period and shall promptly furnish Landlord with the results of each such reading. Tenant shall pay its share of all such electric, gas, sewer and water utility charges to Landlord each month at least five days before each related utility b▇▇▇ is due and payable. If electricity, water or gas consumed by the Premises is not metered or submetered separately from electricity, water or gas, as otherwise 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 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 LeaseSection 4.9(b), Landlord may estimate Tenant's share of all electric, sewer, water and gas expenses and require that Tenant pay such estimated amounts monthly in arrears on the last day of each calendar month during the Term. Landlord shall have the right to adjust monthly estimated payments on account of such utilities from time to time. If water is consumed in the Premises 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 requirements of other tenants, then Tenant shall pay to Landlord, on demand from time to time, charges for such additional water, heating or cooling as Landlord may require. (c) Landlord shall not be liable in damages or otherwise for any failure interruption of electricity, gas, water, telephone, sewage, HVAC and/or septic system or other utility service supplied to the Premises and Landlord reserves the right to stop any service or utility to the Premises, when in Landlord's reasonable judgment it is deemed necessary by reason of accident, emergency or repair or otherwise; and no such interruption or stoppage shall be deemed to be an eviction of Tenant or relieve Tenant from any obligations under this Lease; in the event any such curtailment, suspension, interruption or stoppage becomes necessary by reason of the foregoing, Landlord will use all reasonable efforts to restore the affected service or services as promptly as possible and to minimize, to the extent reasonably possible under the circumstances, any interference, disruption, suspension or interruption of any utility or other service being furnished to Tenant's use and enjoyment of the Leased PremisesPremises by reason thereof. (d) All sums payable under this Section 4.9 shall constitute additional rent. In the event of nonpayment of any sums due under this Section 4.9, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, all the same rights and (iii) remedies available as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement case of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricitynonpayment of Annual Rent.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of and We ll pay the cost of all utilities for the Buildingfollowing utilities: You ll pay for all other utilities, including related deposits, and any charges, fees, or services on such utilities. We do not guarantee or warrant that there will be no interruption of utility service. You shall contact the utility service provider in the event of an interruption of service. If your electricity is ever interrupted, you must use only battery-operated lighting. In the event certain utilities such as electricity, gas, hot water and cold water. Tenantsewer services are not supplied by the Landlord/Agent, howeverTenant , upon execution of this Lease, shall be solely responsible contract with the appropriate public utility and pay all charges assessed or imposed during the term hereof for all utilities supplies to the installation and payment for telephone, cable, internet (Premises whether dial-up, DSL, cable modem occupied or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereonvacant. Tenant shall alsobe charged for utility service usage on a separate metering and billing basis either directly from the utility provider or on a sub-metering, at its sole cost and expensesquare footage, provide janitorial services 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 Leased Premises and/or vacates the Premises. (b) Except as otherwise set forth in this Lease, Landlord . Tenant will be responsible for any liability due to disconnection or discontinuance of any such utility service. Landlord/Agent shall not be liable in damages or otherwise for any failure or failure, interruption of any utility or other service being furnished to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (gas, electric and/or water at any time when beyond Landlord/Agent’s reasonable control and Tenant expressly releases Landlord/Agent of all liability in connection therewith. It shall be a material breach of this Lease and the Tenant’s tenancy if any utility service, contracted for by Tenant, such as said term is hereinafter defined) water, sewer, gas and/or electric services, are discontinued due to some act or omission by the Tenant. Tenant further agrees that when the outside temperature falls below 40 degrees Fahrenheit, Tenant shall occur, except any maintain a temperature within the Premises not below 55 degrees Fahrenheit in order to avoid damage to the Premises. ▇▇▇▇▇▇ further agrees and acknowledges that the Premises came with light bulbs and fuses at the commencement of the same due Lease term and shall not be responsible to provide such items to Tenant at any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricitytime thereafter.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, 3.5.1 Landlord shall ensure have the delivery of and pay right from time to time to select the cost of all utilities for the Building, including company or companies providing electricity, gas, hot fuel, one or more categories of Telecommunication Services and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and any other utility services installed for to the Leased Premises or Building (provided that Tenant may select an additional provider of Telecommunications Services in the occupants thereof; includingBuilding, without limitation, fees and taxes thereonsubject to Landlord’s reasonable approval of same). Tenant shall alsocontract directly and pay for all water, at its sole gas, heat, light, power, Telecommunication Services, sewer, sprinkler charges and other 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 and expense, provide janitorial services for the Leased Premisestherefor shall be an Operating Cost under this Lease. 3.5.2 Tenant acknowledges that space on the Building rooftop and in the Building risers, equipment rooms and equipment closets is limited. Unless otherwise required by law, neither Tenant, nor a provider of Telecommunication Services to Tenant, in the future shall be entitled to locate or install Telecommunication Facilities in, on or about the Building without (a) first obtaining Landlord’s advance, written consent, which consent shall not be unreasonably withheld, delayed or conditioned, and (b) Except 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 otherwise set forth 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 Leasesubparagraph. 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 (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 interruption, depreciation or reduction, retroactive to the day on which Tenant delivers written notice to Landlord (a) describing such interruption, deprivation or reduction, and (b) stating that Tenant is being deprived of the reasonable use of, and has ceased to use or occupy, a Material Portion of the Premises (which portion of the Premises shall be specified by Tenant in such notice), and ending on the date such interruption, deprivation or reduction which is Landlord’s responsibility is no longer causing Tenant to be deprived of the use of a Material Portion of the Premises. 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 had no prior knowledge, Landlord shall not be liable in damages or otherwise for any failure or will give Tenant at least five (5) Business Days’ prior notice if Landlord intends to cause the interruption of any utility or other service being services required to be furnished to by the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityLandlord.

Utilities. (a) Subject In addition to the Tenant’s obligations under Section 3.2 hereofall other sums Tenant is required to pay pursuant to this Lease, Landlord shall ensure the delivery of and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, Tenant shall be solely responsible for the installation and payment shall pay as additional rent prior to delinquency all charges for electricity, telephone, cablewater, internet gas (if any), heat and any other utilities used or consumed on the Premises from and after the date Tenant first takes possession of the Premises. If the Premises are separately metered by the utility service company Tenant agrees to pay all charges therefor attributable to the Lease term directly to the appropriate utility service company before delinquency, whether dial-upthe statement or invoice therefor is delivered to Tenant during, DSLor after expiration of, cable modem 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 other service) and other utility services installed for invoice therefore is delivered to Tenant during, or after expiration of, the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereonLease term. Tenant shall also, at pay to Landlord before delinquency its sole cost and expense, provide janitorial services for pro-rata share of the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be liable in damages or otherwise for any failure or interruption costs of any utility or other service being furnished services that are not separately metered. Tenant’s pro-rata share shall be equal to the Leased Premises, and no such failure or interruption shall entitle Tenant ratio which Tenant’s rentable ground floor area bears to any abatement the total rentable ground floor area which has the benefit of, set off or reduction in receives, the amounts payable to Landlord hereunder expense or otherwise entitle utility service for which Tenant to terminate this Leaseis being charged. Notwithstanding anything Nothing contained in this Lease to shall limit Landlord in any way from granting or using easements on, across, over, and under the contrary, if (i) an interruption or curtailment, suspension or stoppage Development for the purpose of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of providing utility services for Tenant or Tenant’s agentsothers. In no event shall Landlord be responsible for any loss, employees cost, liability or contractors (expense of any such person or entity resulting from any interruption of an Essential Service being hereinafter referred utility services to as a “Service Interruption”)Tenant and/or the Premises, and (ii) such Service Interruption continues for more than two (2) full business days after Landlord nor shall have received notice thereof from Tenant, and (iii) rent be offset as a result of any such Service Interruptioninterruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which unless any such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access utility interruption is due to the Leased Premises, water Landlord’s gross negligence or intentional misconduct and sewer/septic service and electricitycontinues for forty-eight (48) hours or more after Tenant provides written notice thereof to Landlord.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord Tenant shall ensure the delivery of and pay the cost of for all utilities for the Building, including electricityseparately metered water, gas, hot heat, light, electric, telephone, telecommunication, sewer and cold watersprinkler 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 electric light bulbs and tubes. TenantIf any utilities serving the Premises are not separately metered, however, Tenant shall pay to Landlord its proportionate share of the cost thereof as reasonably determined by Landlord. Landlord shall in no event be liable for any damages directly or indirectly resulting from or arising out of the interruption or failure of utility services on the Premises. Tenant shall have no right to terminate this Lease nor shall Tenant be entitled to any abatement in Rent as a result of any such interruption or failure of utility services. No such interruption or failure of utility services shall be solely responsible deemed to constitute a constructive eviction of Tenant. Tenant acknowledges that Landlord and/or Tenant may from time to time be requested or 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 installation U.S. Environmental Protection Agency’s ENERGY STAR® Portfolio Manager and payment for telephoneinformation relating to compliance with “green building” initiatives, cableincluding, internet if applicable, the Leadership in Energy & Environmental Design (whether dial-upLEED) certification program. Tenant shall throughout the Term comply with all Federal, DSLState or local laws, cable modem rules and regulations relating to consumption of utilities, energy or other service) energy efficiency (as they may be in enacted or in effect from time to time, “Energy Regulations”), and other 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 installed to the Premises in order to obtain data on the energy being consumed by the occupant of the Premises. Furthermore, Tenant agrees to provide Landlord with ▇▇▇▇▇▇’s energy consumption data within thirty (30) days after ▇▇▇▇▇▇▇▇’s request for the Leased Premises or same. Tenant acknowledges that pursuant to applicable laws, Landlord may be required to disclose information concerning Tenant’s energy usage at the occupants thereof; Building to certain third parties, including, without limitation, fees prospective purchasers, lenders and taxes thereontenants of the Building (the “Tenant Energy Use Disclosure”). Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be 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 or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if hereby (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due consents to any negligent or wrongful act or neglect of all such Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”)Energy Use Disclosures, and (ii) such Service Interruption continues for more than two (2) full business days after acknowledges that Landlord shall have received notice thereof not be required to notify Tenant of any Tenant Energy Use Disclosure. ▇▇▇▇▇▇ agrees to take such further actions as are necessary in order to further the purpose of this paragraph, including, without limitation, providing to Landlord the names and contact information for all utility providers serving the Premises, copies of utility bills, written authorization from TenantTenant to any such utility company to release information to Landlord, and (iii) as a result any other relevant information reasonably requested by Landlord or the applicable utility company. The terms of such Service Interruption, this Paragraph 10 shall survive the conduct expiration or earlier termination of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricitythis Lease.

Utilities. Gas, steam, electricity and other public utility charges (a) Subject other than any such charges which are payable by Tenants of the Properties directly to the Tenant’s obligations under Section 3.2 hereofapplicable utility company pursuant to such Tenants' Leases, Landlord for which no adjustment will be made) will be paid by the Seller to the utility company through the Closing Date. The Seller shall ensure the delivery of and pay the cost arrange for a final reading of all utilities for the Building, including electricity, utility meters (covering gas, hot water, steam and cold waterelectricity) as of the 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. TenantThe 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 such ▇▇▇▇ on or before the 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 as evidenced by such ▇▇▇▇ or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any ▇▇▇▇ which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Seller as of the Closing. Monthly fees payable to any Seller hereunder with respect to any Property for cable, internet or phone services for such Property shall be prorated as of the applicable Closing; provided, however, shall be solely responsible for the installation that any up-front fees and payment for telephone, 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 (whether dial-up, DSL, cable modem or other service) and other utility services installed except for the Leased Premises or ▇▇▇▇▇▇ Property, the occupants thereof; including▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇ Property and the 1160 ▇▇▇▇▇▇▇ Property), without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be liable prorated, and shall be the property of such Seller, and Buyer shall remit any such sums to Seller immediately upon receipt thereof. With respect to the ▇▇▇▇▇▇ Property, the ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇ Property and the 1160 ▇▇▇▇▇▇▇ Property, from and after the applicable Closing, the Buyer shall be entitled to receive and retain any up-front fees payable under any Approved CIP Contracts (and Seller shall promptly remit any such sums to Buyer if received by Seller after the Closing). If Seller receives any up-front fees payable under any Approved CIP Contracts prior to Closing, Buyer shall receive a credit against the Purchase Price for the applicable Property at Closing in damages or otherwise an amount equal to such up-front fee. At the applicable Closing, Buyer shall reimburse the applicable Seller for any failure or interruption costs incurred by such Seller under any Approved CIP Contract beyond the costs of any utility or other service being furnished to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if Seller providing (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any conduit access from the street to the data communication closets of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), applicable Property and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, phone and (iii) as a result coaxial wiring in each unit of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access Property back to the Leased Premises, water and sewer/septic service and electricitycentral media panel in such unit.

Utilities. (a) Subject 14.1 Tenant shall obtain all water, electricity, sewerage, gas, telephone and other utilities directly from the public utility company furnishing same. Any meters required in connection therewith shall be installed at Tenant's sole cost. Tenant shall pay all utility deposits and fees, and all monthly service charges for water, electricity, sewage, gas, telephone and any other utility services furnished to the Demised Premises during the term of this lease. In the event any such utilities are not separately metered on the Commencement Date, then until such time as such services are separately metered, Tenant shall pay Landlord Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery 's equitable share of and pay the cost of all utilities such services, as determined by Landlord. If for any reason the Buildinguse of any utility is measured on a meter(s) indicating the usage of Tenant and other tenants of the Industrial Complex, including electricity, gas, hot Tenant and cold water. Tenant, however, such other tenants shall allocate the cost of such utility amongst themselves and shall each be solely responsible for the installation payment of its allocable share. Landlord shall furnish and payment for telephoneinstall all piping, cablefeeders, internet (whether dial-up, DSL, cable modem or other service) risers and other utility services installed connections necessary to bring utilities to the perimeter walls of the Demised Premises. Anything to the contrary notwithstanding, Tenant shall remain obligated for the Leased Premises payment of Tenant's pro rata share of any heating costs and/or other utilities or services furnished to the occupants thereof; including, without limitation, fees and taxes thereon. Common Areas pursuant to Section 7.4. 14.2 Tenant shall alsohave the right to use the existing heating, at air conditioning and ventilation equipment in the Demised Premises, if any. All such equipment shall be maintained, repaired and replaced, as necessary, by Tenant in its sole cost expense and expenseshall 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 janitorial services for the Leased PremisesDemised Premises with any additional heat, air conditioning, ventilation or hot water. (b) Except as otherwise set forth in this Lease, 14.3 Landlord shall not be liable in damages or otherwise for any failure interruption whatsoever, nor shall Tenant be entitled to an abatement or interruption reduction of any rent on account thereof, in utility services not furnished by Landlord, nor for interruptions in utility services furnished by Landlord which are due to fire, accident, strike, acts of God or other service being furnished to causes beyond the Leased Premisescontrol of Landlord or which are necessary or useful in connection with making any alterations, and no such failure repairs or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Leaseimprovements. Notwithstanding anything contained in this Lease to the contraryforegoing, if such interruption or failure in utility services (i) an interruption is caused by Landlord or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and Landlord's authorized agent; (ii) such Service Interruption can be repaired at the Industrial Complex; and (iii) continues for more than two sixty (260) full business days after Landlord consecutive days, then Tenant shall have received notice thereof from Tenantbe entitled to a proportionate abatement of all rental charges due hereunder, and (iii) as a result effective on the sixtieth day of such Service Interruption, utility service failure. 14.4 Tenant shall not install any equipment which exceeds or overloads the conduct capacity of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; utility facilities serving the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Demised Premises, water and sewer/septic service and electricity.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord Tenant shall ensure the delivery of arrange and pay the cost of for all utilities for the Building, including electricityfuel, gas, hot and cold light, power, water. Tenant, howeversewage, shall be solely responsible for the installation and payment for garbage disposal, telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed charges, and the expenses of installation, maintenance, use, and service in connection with the foregoing, for the Leased Premises during the Term before delinquency (or before they can become a lien on the occupants Premises on account of non-payment thereof; including, without limitationif later) but in any event prior to the Expiration Date. Notwithstanding the foregoing, fees 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 taxes thereonbold letters, in a size no smaller than the largest print on the Minor Default Notice, the following legend: "FAILURE TO TIMELY TAKE ACTION MAY RESULT IN ENFORCEMENT ACTION” and the opportunity to cure that is afforded Tenant in the definition of Delay Fee under this Lease. Landlord's sole remedies shall be at Landlord’s option to impose a Delay Fee, and/or to pay the delinquent utility costs (including any interest and penalties), and/or specific performance, and Tenant waives all defenses, except defense of performance, in any action brought by Landlord to enforce its rights under this Section. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, promptly reimburse Landlord shall not be liable in damages or otherwise for any failure or interruption payments made and costs incurred under this Section, plus a $500 (increasing 10% at the beginning of any utility or other service being furnished to the Leased Premises11th full Lease Year and at the beginning of each 10th full Lease Year thereafter) administrative fee, interest at the Default Interest Rate and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this LeaseLegal Costs. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailmentshould any non-payment under this section result in a lien on the Fee Estate, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after then Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent remedies provided for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityProhibited Liens.

Utilities. (a) Subject Landlord shall provide mains and conduits to supply water, gas, electricity and sanitary sewage to the Tenant’s obligations under Section 3.2 hereofProperty. Tenant shall pay, Landlord shall ensure when due, directly to the delivery of and pay the cost of appropriate provider, all utilities charges for the Buildingsewer usage or rental, including garbage disposal, trash or refuse removal, water, electricity, gas, hot and cold water. Tenantfuel oil, howeverL.P. gas, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and telephone and/or other utility services installed for or energy source separately metered and furnished to the Leased 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 occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, Premises it will be at its Landlord’s sole cost and expense. If any services or utilities furnished to the Premises are jointly metered with other premises, provide janitorial Landlord will make a commercially reasonable determination of Tenant’s proportionate share of such 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 for or other services furnished or caused to be furnished to Tenant, then the Leased Premises. (b) Except as otherwise set forth 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 deemed Additional Rent in this Lease, accordance with Article 3. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other service being furnished to the Leased Premisesfor, and no such failure or interruption Tenant shall entitle Tenant not be entitled to any abatement of, set off or reduction in the amounts payable of Base Rent or Additional Rent by reason of Landlord’s failure to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except furnish any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agentsforegoing utilities, employees or contractors when such failure is caused by accident, breakage, repairs (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”including replacements), and (ii) such Service Interruption continues strikes, lockouts or other labor disturbances or labor disputes of any character, or for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access any other causes not attributable to the Leased Premises, water and sewer/septic service and electricityLandlord.

Utilities. Tenant shall pay all charges for water, sewer, gas, electricity and other utilities or like services used or consumed on the Premises (aeach, 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) Subject to at the Tenant’s obligations under Section 3.2 hereofBuilding 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 ensure install a direct meter to measure electricity serving the delivery Premises and, with respect to all other Utility Services being installed as Base Building Work, a direct, sub- or “check” meter for measuring Tenant’s consumption of and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereonsuch Utility Service. Tenant shall alsopay 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 its sole cost 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 expense“check” meters where applicable, provide janitorial services 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 Leased Utility Switching Points to the Premises. (b) Except . Landlord shall be under no obligation as otherwise set forth to any Utility Services beyond the foregoing responsibility to bring such Utility Services to the Utility Switching Points and as required in this Lease, the completion of the Finish Work and Landlord shall not be liable in damages or otherwise for any interruption or failure or interruption in the supply of any utility utilities or other service being furnished Utility Services, except to the Leased 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 associated with the delivery of Utility Services. In the event that there shall be an interruption, curtailment or suspension of any Utility Service (and no such failure reasonably equivalent alternative service or interruption supply is provided by Landlord) that shall entitle Tenant to any abatement of, set off materially interfere with Tenant’s use and enjoyment of all or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any a portion of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors Premises (any such interruption of an Essential Service being hereinafter referred to as 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 continues for more than two shall not have been caused, in whole or in part, by reasons beyond Landlord’s reasonable control (2provided, 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) full business days after Landlord shall have received notice thereof from 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, and the “Tenant Parties” or any one of them, including Tenant, a “Tenant Party”) (iii) a Service Interruption that satisfies the foregoing conditions being referred to hereinafter as a result “Material Service Interruption”), then Tenant shall be entitled to an equitable abatement of such Base Rent and Tenant’s Pro Rata Share of Total Operating Costs, based on the nature and duration of the Material Service Interruption, the conduct area of the Premises affected, and the then current Rent amounts, for the period that shall begin on the commencement of such Material Service Interruption and that shall end on the day such Material Service Interruption shall cease. A Material Service Interruption lasting more than ninety (90) days shall constitute damage or destruction of Premises and shall be governed by Section 12.01 of this Lease. Notwithstanding the foregoing, if Landlord disputes whether, or the extent to which, an event is a Material Services Interruption or the amount of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which Tenant’s Pro Rata Share of Total Operating Costs, such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” dispute shall mean the following services: heat or cooling (during the appropriate season), access be resolved in accordance with Article 14 of Exhibit 10.03 to this Lease prior to the Leased Premisesexercise 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, water and sewer/septic service and electricitywhich shall be covered elsewhere in this Lease.

Utilities. (a) Subject At all times throughout the Lease Term, Landlord will install and maintain or will cause to be installed and maintained systems which provide chilled and hot water to service Tenant's heating, ventilating and air conditioning system. Landlord shall pay all utility hookup or connection charges with respect to the Tenant’s obligations under Section 3.2 hereofaforesaid utilities; however, Landlord Tenant shall ensure thereafter pay, no later than thirty (30) days after being billed for same, all charges during the delivery term of this Lease for utility services used on the Premises, including, specifically and pay not limited to the cost of all utilities amounts described on Exhibits D and F for the Buildingchilled and hot water, including electricityprovided, gasthat 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, hot Tenant will not install any equipment which can exceed the capacity of any utility facilities and cold waterif any equipment installed by Tenant requires additional utility facilities, the same shall be installed at Tenant'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, however, Tenant shall be solely responsible for the installation and payment promptly pay all charges for telephoneuse or consumption of sewer, cablegas, internet (whether dial-upelectricity, DSLwater, cable modem or other service) scavenger and all other utility services installed (the "Utilities") with respect to the Premises. Landlord shall have the right, but not the obligation, to furnish, and in such event Tenant shall 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 the Leased Premises or same as Additional Rent at a rate determined and published by Landlord from time to time, provided, however, that said rate shall be reasonably competitive with rates which Tenant would be charged by the occupants thereof; including, without limitation, fees and taxes thereonutility company which would otherwise furnish such service to the Premises. Tenant shall also, at its sole cost and expense, provide janitorial services for In the Leased Premises. (b) Except as otherwise set forth in this Leaseevent Landlord elects to cease providing any utility previously provided through a central system operated by Landlord, Landlord shall not be liable in damages or otherwise for any failure or interruption deliver reasonable advance prior notice of any utility or other service being furnished such cessation, to the Leased end that Tenant shall have a reasonable opportunity to connect (or convert as the case may be) to an alternate utility service. Landlord agrees to cooperate with Tenant with such connection and/or conversion. Landlord and Tenant acknowledge that at the time of delivery of possession of the Premises to Tenant, the only Landlord provided central utility system shall be the chilled water/hot water service described on Exhibit F hereof provided for purposes of heating, ventilating and air conditioning the Premises. Water, electric, telephone cable, sewer and no such failure or interruption natural gas shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease be available to the contrary, if Premises (iwith connections to main lines to be provided by Tenant) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent separately metered to and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; controlled by Tenant and shall be billed directly to Tenant by the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityapplicable public utility.

Utilities. (a) Subject Tenant shall pay, prior to delinquency and throughout the Lease Term, all charges for water, gas, heating, ventilation, air conditioning, cooling, sewer, telephone, electricity, garbage, janitorial service, landscaping and all other services and utilities supplied to the Premises, including Tenant’s Share of any such services or utilities which are not separately metered 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 Premises or which are provided directly to Tenant 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 sole benefit of Tenant or the Premises which are billed to any paid by Landlord directly shall be paid by Tenant to Landlord based on Tenant’s Office Share of Operating Expenses. All other charges for utilities and services shall be included in Operating Expenses recoverable by Landlord in accordance with Article IV. The disruption, failure, lack or shortage of any service or utility 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 Rent due hereunder, all without diminution, credit or deduction; provided, however, if such disruption, failure, lack or shortage is caused by Landlord’s failure to observe or perform its obligations under Section 3.2 hereofhereunder, then, within thirty (30) days after receipt of written notice from Tenant specifying such failure, Landlord shall ensure initiate the delivery cure of and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be 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 or interruption and thereafter shall entitle Tenant diligently prosecute said cure to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricitycompletion.

Utilities. (a) Subject Tenant shall pay for all water, gas, heat, light, power, telephone, trash and other utilities and services supplied to the Premises, together with any taxes. If any of 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 obligations under Section 3.2 hereofreceipt 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 ensure have no liability, whatsoever, in the delivery 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 Effective Date of this Lease, or install additional equipment not located on the Premises as of the Effective Date of this Lease which would have the effect of materially increasing Tenant’s consumption of any utilities, as determined by Landlord in Landlord’s sole and pay absolute discretion. Landlord agrees to allow Tenant to install separate UPS power devices in the cost of all utilities for the Building, including electricity, gas, hot and cold water. TenantPremises as Tenant desires; provided, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be liable to Tenant in damages the event of any failure of or otherwise damage to such power devices or for any failure damage or interruption consequences resulting from or in any way related to the use of such power devices in the Premises. Tenant shall assume all costs associated with installing and using such UPS power devices, including, but not limited to, the costs of any utility or other service being furnished increase in costs to utilities serving the Leased Premises, Premises resulting from the use and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result operation of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricitydevices.

Utilities. Section 11.1. As Additional Rent and in accordance with Article 2 of this Lease, Tenant shall pay its proportionate share (acalculated on a square footage or other equitable basis as calculated by Landlord) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of and pay the cost of all utilities for the Building, including electricityutility charges such as water, gas, hot and cold water. Tenantelectricity, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) telex and other utility electronic communications service, sewer service, waste-pick-up and any other utilities, materials or services installed for furnished directly to the Leased building(s) in which the Premises or the occupants thereof; are located, including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premisesany temporary or permanent utility surcharge or other exactions whether or not hereinafter imposed. (b) Except as otherwise set forth in this Lease, Section 11.2. Landlord shall not be 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 or interruption Tenant shall entitle Tenant not be entitled to any abatement of, set off 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 amounts payable 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 Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease be provided to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Premises by Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of TenantLandlord’s normal operations in the Leased Premises are materially adversely affectednegligent act or omission, then there Tenant shall be entitled to an abatement of one day’s Base Basic Rent and Additional Rent (except utilities which shall continue to be payable by Tenant in accordance with the terms of this Lease) thereafter to the extent of the interference with Tenant’s use of the Premises occasioned thereby if. Section 11.3. Landlord shall furnish to the Premises between the hours of 8:00 a.m. and 6:00 p.m. (“Building Hours”), Mondays through Fridays (holidays excepted), and subject to the rules and regulations of the Complex hereinbefore referred to, reasonable quantities of water, gas and electricity suitable for each day during which the normal use of the Premises as general office space and heat and air-conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises for such Service Interruption continues after such two (2) business dayspurposes. For purposes hereof; With respect to the term “Essential Services” heating and air-conditioning of the 1020 Building, Tenant shall mean have the following services: heat or cooling (right, upon prior written notice to Landlord, to modify the Building Hours only during the appropriate seasondemised term or portion thereof that Tenant is the sole occupant of the entire 1020 Building. At Tenant’s election, Landlord shall furnish to the 1020 Space such reasonable quantities of utilities outside of Building Hours; provided, however, to the extent that such additional building utilities are provided to Tenant outside of Building Hours, Tenant shall be responsible for the costs and expenses pertaining thereto. In no event shall Landlord be obligated to make any alterations and/or change any building systems to accommodate Tenant’s request for utilities outside of Building Hours. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the building heating, ventilating and air-conditioning systems. Whenever heat generating machines, equipment, or any other devices (including exhaust fans) are used in the Premises by Tenant which affect the temperature otherwise maintained by the air-conditioning system, Landlord shall have the right to install supplementary air-conditioning units in the Premises and the cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to 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), access 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 Leased Premiseswritten 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 excess use. The cost of any such meter and sewer/septic service of the installation, maintenance and electricityrepair 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 actual additional expense incurred by Landlord in keeping account of electric current, gas, or water so consumed shall be paid by Tenant, and Tenant agrees to pay Landlord therefor promptly upon demand by Landlord.

Utilities. (a) Subject 14.1. Sublessor shall bring or shall cause utility lines to be brought to the Tenant’s obligations boundary of the Subleased Premises at the points existing as of the Term Commencement Date or such other points as may be designated by Sublessor (in consultation with Sublessee). The utility lines shall have the capacities existing as of the Term Commencement Date which `Sublessee acknowledges are sufficient to enable Sublessee to obtain for the buildings at the Subleased Premises, as of the date of commencement of Sublessee's activities, sufficient water, electricity, telephone and sewer service. Sublessee shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Subleased Premises. If Sublessee desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Sublessor, such installation shall be subject to Sublessor's prior written approval of Sublessee's plans and specifications therefor, which approval shah not be unreasonably withheld. If such installation is approved by Sublessor and if Sublessor agrees to provide any additional facilities to accommodate Sublessee's installation, Sublessee agrees to pay Sublessor, in advance and on demand, the cost for providing such additional utility facilities or utility facilities of 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 Section 3.2 hereofor 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, Landlord at its sole discretion, shall ensure have the delivery right from time to time, to alter the method and source of supply of the above enumerated utilities to the Subleased Premises so long as such alteration does not result in an interruption of service during such change and pay 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 utilities charges for the Buildingabove enumerated utilities supplied by Sublessor, including electricitypublic utility or public authority, gasor any other person, hot 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 cold waterSublessee 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. TenantIf Sublessor so elects to supply any of such utilities, howeverSublessee 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; or cause to be procured, without cost to Sublessor, any and all necessary permits, licenses or other adf6rizations requited for the lawful and proper installation and maintenance upon the Subleased Premises of wires, pipes, conduits, tubes and other equipment and appliances required to supply any such service upon the Subleased Premises, and Sublessee shall be solely responsible for and promptly pay, as and when the installation same become due and payment payable, all charges for telephonewater, cablesewer, internet (whether dial-upelectricity, DSLgas, cable modem or other service) and telephone arid any other utility services installed used or consumed in the Subleased Premises and supplied by Sublessor, any public utility or authority or any other person, firm or corporation. 14.3. All work and construction under this Article shall comply with the provisions of Article 15 of this Sublease applicable to construction work. 14.4. Sublessee (and any sublessee or assignee of Sublessee) shall be solely responsible for the Leased Premises obtaining at its sole cost and expense any sewage or the occupants thereof; 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 land use control regulations promulgated by Sublessor and any and all federal, state and local requirements and standards concerning stormwater discharges and discharges to sewage treatment works, including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premisesany pre-treatment requirements. (b) Except as otherwise set forth in this Lease, Landlord shall not be 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 or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease14.5. Notwithstanding anything contained in this Lease Article 14 to the contrary, if Sublessee acknowledges and agrees that the Sublessee and the City of Portsmouth contemplate the relocation, upgrade and improvement of water and sewer lines on International Drive and Corporate Drive (i) an interruption or curtailmentthe "Wastewater/Water Improvements' as more specifically set forth in Exhibit D-1. In connection with said relocation, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occurupgrade and improvement, except any Sublessee agrees to-pay its proportional share of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agentsWastewater/Water Improvements, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there which proportional share shall be an abatement based upon the 13.2800 acres, as set forth in Exhibit D-1 of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business daysthe Subleased Premises, to include any necessary. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access roadway resurfacing. Notwithstanding any provision of this Sublease with respect to the Leased calculation of useable acreage of the Subleased Premises, water Sublessee's proportional share of the Wastewater/Water Improvements is as set forth in Exhibit D-1. As a condition precedent to the issuance by the City of Portsmouth of a Building Permit and sewerthe 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. Sublessee agrees that any payment obligation with respect to the Wastewater/septic service and electricity.Water Improvements shall be considered an imposition under Article S of this Sublease. END OF ARTICLE 14 -----------------

Utilities. (a) Subject 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 the TenantData 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 Section 3.2 hereofany Lease, Landlord shall ensure and to Borrower’s knowledge, none of the delivery foregoing will be foreseeably delayed or impeded by virtue of and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premisesany requirements under any Applicable Laws. (b) Except as otherwise set forth The Trust Property Land is not located in this Leasea “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, Landlord shall not or, to ▇▇▇▇▇▇▇▇’s knowledge, would be liable in damages 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 otherwise for by the Borrower to any failure Tenant, including any Material Permit with respect to the construction or interruption operation of any utility or other service being furnished facilities necessary to provide such utility service. (f) Electrical supply to the Leased PremisesData 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 the Project will be used to provide back-up power generation to the Data Center only and no electrical output from such failure back-up power generation will not be sold or interruption shall entitle Tenant otherwise supplied to any abatement of, set off or reduction other entity. Other than the utility facilities which are to be placed in service by the applicable date identified in the amounts payable Project Schedule (as defined in the Coreweave Lease) and those that Galaxy Power is solely responsible for constructing, no other utility facilities not already existing in, on, under and around the Trust Property Land are required to Landlord hereunder or otherwise entitle Tenant be constructed in order for Galaxy Power to terminate this Lease. Notwithstanding anything contained in this Lease provide electrical supply to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations Project in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityaccordance with this Section 3.31.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of and We ll pay the cost of all utilities for the Buildingfollowing utilities: You ll pay for all other utilities, including related deposits, and any charges, fees, or services on such utilities. We do not guarantee or warrant that there will be no interruption of utility service. You shall contact the utility service provider in the event of an interruption of service. If your electricity is ever interrupted, you must use only battery-operated lighting. In the event certain utilities such as electricity, gas, hot water and cold water. Tenantsewer services are not supplied by the Landlord/Agent, howeverTenant , upon execution of this Lease, shall be solely responsible contract with the appropriate public utility and pay all charges assessed or imposed during the term hereof for all utilities supplies to the installation and payment for telephone, cable, internet (Premises whether dial-up, DSL, cable modem occupied or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereonvacant. Tenant shall alsobe charged for utility service usage on a separate metering and billing basis either directly from the utility provider or on a sub-metering, square footage, or other billing basis by the Landlord, including reimbursing the Landlord for utility service ▇▇▇▇▇▇▇▇ incurred by Tenant and received by Landlord after Tenant takes possession of the Premises and/or vacates the Premises. Tenant will be responsible for any liability due to disconnection or discontinuance of any such utility service. Landlord/Agent shall not be liable for any failure, interruption or stoppage of gas, electric and/or water at its sole cost any time when beyond Landlord/Agent’s reasonable control and expenseTenant expressly releases Landlord/Agent of all liability in connection therewith. It shall be a material breach of this Lease and the Tenant’s tenancy if any utility service, provide janitorial services contracted for by Tenant, such as water, sewer, gas and/or electric services, are discontinued due to some act or omission by the Leased Tenant. Tenant further agrees that when the outside temperature falls below 40 degrees Fahrenheit, Tenant shall maintain a temperature within the Premises not below 55 degrees Fahrenheit in order to avoid damage to the Premises. (b) Except as otherwise set forth in this Lease, . Tenant further agrees and acknowledges that the Premises came with light bulbs and fuses at the commencement of the Lease term and Landlord shall not be liable in damages or otherwise for responsible to provide such items to Tenant at any failure or interruption of any utility or other service being furnished to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricitytime thereafter.

Utilities. (a) Subject Commencing on the Commencement Date, and continuing throughout the Term, Tenant shall pay for utility services as follows without setoff, deduction, or counterclaim (except as otherwise provided herein): (i) Tenant shall pay directly to the 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 obligations under submetered usage; and (iii) Tenant shall pay Landlord for Tenant’s Share of Project Utility Costs, as set forth in Section 3.2 hereof, Landlord shall ensure 5 above. “Project Utility Costs” means the delivery of and pay the total cost of for all utilities for serving the BuildingProject, including electricity, gas, hot and cold waterexcluding the costs of utilities that are directly metered or submetered to Building tenants or paid separately by such tenants. Tenant, however, shall be solely responsible for Notwithstanding anything to the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth contrary in this Lease, Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility have the right, upon reasonable advance written notice to Tenant, to install meters, submeters, or other service being furnished energy-reducing systems in the Premises at any time to measure any or all utilities serving the Leased 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 no occupancy of the Premises. For those utilities set forth in subsection (ii) above, Landlord shall invoice Tenant for such failure 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 interruption together with Operating Expenses. Landlord shall entitle Tenant have the right to any abatement ofestimate the utility charge, set off or reduction in the amounts which estimated amount shall be payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if within thirty (i30) an interruption or curtailment, suspension or stoppage days after receipt of an Essential Service (as said term is hereinafter defined) invoice therefor and may be included along with the invoice for Project Expenses, provided Landlord shall occurbe required to reconcile on an annual basis based on utility invoices received for such period. The cost of utilities payable by Tenant under this Section shall include all applicable taxes and Landlord’s then-current reasonable charges for reading the applicable meters, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after provided Landlord shall have received notice thereof from Tenantthe right to engage a third party to read the submeters, and Tenant shall reimburse Landlord for both the utilities consumed as evidenced by the meters plus the reasonable costs for reading the meters within thirty (iii30) days after receipt of an invoice therefor. Tenant shall pay such rates as a result Landlord may establish from time to time, which shall not be in excess of any applicable rates chargeable by Law, or in excess of the general service rate or other such Service Interruption, the conduct of rate that would apply to Tenant’s normal operations consumption if charged by the utility or municipality serving the Building or general area in which the Leased Premises are materially adversely affectedBuilding is located. If Tenant fails to pay timely any direct-metered utility charges from the applicable utility provider, then there 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 an abatement of one day’s Base Rent and payable to Landlord as Additional Rent for each day during which such Service Interruption continues within thirty (30) days after such two (2) business daysreceipt of an invoice therefor. For purposes hereof; Tenant shall at all times comply with the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season)rules, access regulations, terms, policies, and conditions applicable to the Leased Premisesservice, water equipment, wiring, and sewer/septic service and electricityrequirements of the utility supplying electricity to the Building.

Utilities. (a) Subject Tenant shall be solely liable for electricity expense relating to the Premises. Landlord shall use its best reasonable discretion in determining Tenant’s usage of electricity and its proportionate share, provided, however, that Landlord’s determination of the Tenant’s obligations under Section 3.2 hereofproportionate 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 ensure take into consideration customary costs and expenses for similar uses, types of equipment and shall consider the delivery hours of operation of Tenant and other Tenant’s in the building as estimated by FPL. Landlord may, at its sole option, elect to install a submeter for the premises, the separate floors of the building, or any other portion thereof to assist in making such determinations. Any charge for electricity incurred hereunder shall be deemed Additional Rent. Nothing contained herein shall be construed as a representation by Landlord that any utility service shall continue to be available to the premises. Landlord shall not be liable to Tenant for any interruption in utility services beyond Landlord’s control, provided that Landlord shall take no action to interfere with, interrupt or terminate the availability of such services. Landlord shall obtain and pay for water, sewage and garbage disposal for the entire building, including the Premises. Tenant shall at its sole cost of and expense without any right to offset or claim against Landlord, and subject to all utilities 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 the Building, including electricityinstalled to the Building and to the Premises. Tenant shall indemnify and hold Landlord harmless from any claims, gas, hot losses or damage in connection with such installation and cold waterin no event shall such installation interfere with any other Tenancies or rights to occupancy of other Tenants in the Building. Tenant, however, Tenant shall be solely responsible for restoring or replacing any damage incurred in connection with the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility of such Cable TV services installed for to the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereonpremises. Tenant shall also, at its sole cost and expense, provide janitorial services be responsible for the Leased Premises. (b) Except as otherwise set forth payment of any installation costs or fees and any fees in connection with monthly service. In the event Tenant shall be unable to obtain Cable TV service to the building, pursuant to this LeaseP▇▇▇▇▇▇▇▇ ▇, Landlord ▇▇▇▇▇▇ subject to the terms and conditions of Section 41 hereof relating to signage and use of the exterior of the building, shall with Landlord’s prior written approval, which shall not be liable unreasonably withheld may install a satellite TV Dish antenna not exceeding 18 inches in damages diameter. Such antenna shall be installed in accordance with installation techniques reasonably approved by Landlord, in a location designated by Landlord, and in no event shall such antenna be visible from street level around the building or otherwise for interfere in any failure way with the microwave telephone antennas or interruption other telephone equipment located on the roof of the building, or the satellite antennas of any utility or other service being furnished to tenants currently located on the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any roof of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricitybuilding.

Utilities. (a) Subject LESSOR shall provide to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure Leased Premises the delivery of building standard facilities for heat and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed 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 or (to be distributed throughout the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall alsoLeased Premises however, at its LESSEE’s sole cost and expense). Notwithstanding the foregoing, provide janitorial services LESSEE shall pay all charges for electricity used on the Leased Premises. (b) Except . LESSEE shall pay all actual charges, without ▇▇▇▇-up or profit to LESSOR, for electricity used on the Leased Premises as otherwise set forth in this Lease, Landlord shall not it may be liable in damages or otherwise for any failure or interruption of any utility or other service being furnished 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 (whichever or both as may be applicable), at the reasonable determination of the LESSOR. LESSOR shall determine any such electric charges not separately metered to the Leased Premises in a uniform and no such failure or interruption shall entitle Tenant non-discriminatory manner relative to any abatement of, set off or reduction other lessees and occupants in the amounts payable Building whose electric charges are not separately metered. LESSEE shall pay its electrical charges to Landlord hereunder LESSOR as invoiced by LESSOR on a monthly basis (whether based on actual or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if estimated charges) within thirty (i30) an interruption or curtailment, suspension or stoppage days of an Essential Service (as said term is hereinafter defined) shall occur, except any its receipt of the invoice. Within one hundred twenty (120) days of the close of each calendar year, LESSOR shall adjust the LESSEE’s prior year’s electrical payments to account for the actual and properly accrued charges, and shall issue LESSEE a refund or deficiency statement for that year, as appropriate. LESSEE shall pay any deficiency shown thereon within thirty (30) days of its receipt of said invoice. In the event of any disagreement, the parties shall engage in the negotiation and arbitration processes set forth in the last paragraph of Section 3 hereof. Any rebates due LESSEE (not contested by LESSOR) shall, in LESSOR’s reasonable discretion, be credited toward then current Rent. LESSOR shall provide copies of the relevant electric bills, and information regarding which spaces in the Building are not separately metered to other lessees and occupants, to LESSEE upon LESSEE’s request. LESSOR shall maintain an average temperature in the Building between 60 degrees Fahrenheit and 80 degrees Fahrenheit at all times; and an average temperature in the Leased Premises generally between 68 degrees Fahrenheit and 76 degree Fahrenheit during Normal Business Hours. LESSOR shall make available overtime heat and air-conditioning and LESSEE shall pay as additional rent, overtime heat and air-conditioning as may be requested by LESSEE for the Leased Premises on the basis of $ 150.00 per zone, per hour (subject to increase by the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”percentage amount by which the standard electric rates are increased), as billed by LESSOR. LESSEE shall give LESSOR twenty four (24) hours prior notice of any requirements for specialized overtime heating and (ii) such Service Interruption continues air-conditioning. LESSOR shall not be liable to LESSEE for more than two (2) full business days after Landlord shall have received notice thereof from Tenantany interruption, and (iii) interference, damage or loss to LESSEE’s research or experimentation occasioned as a result of such Service Interruptionany failure in the heating, ventilation, air conditioning, or electrical services or other utilities servicing the conduct of TenantBuilding or the Leased Premises not caused by LESSOR’s normal operations negligence, willful misconduct, or failure to use reasonably diligent efforts to restore any service interruption within its reasonable control. No plumbing or electrical work which affects the base Building systems or which requires a municipal permit or which may interfere with any other tenant in the Building shall be done without LESSOR’s approval which approval shall not be unreasonably withheld or delayed and the appropriate municipal permit and inspector’s approval. Hot and cold water for domestic type sanitary and drinking purposes and ordinary office pantry purposes (only) shall be supplied at LESSOR’s expense. There shall be separately metered and separately paid for by LESSEE, non-potable laboratory water and water for other particularized uses in the Leased Premises are materially adversely affected, then there Premises. LESSOR shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean also provide the following servicesservices in accordance with comparable first class research laboratory and office buildings in the mid-Cambridge submarket at no additional charge: heat or cooling (during the appropriate season), access a) non-exclusive shared passenger and freight elevator service and loading dock service to the Leased PremisesPremises on a 24-hour basis, water (b) base Building fire and sewer/septic life-safety systems; and (c) janitorial and cleaning service to common lavatories and electricitycommon areas.

Utilities. SECTION 4.1. The Tenant represents, warrants, covenants and agrees that it shall, within five (a5) Subject days of written demand by the Landlord to the Tenant’s obligations under Section 3.2 hereof, pay to the Landlord, as Additional Rent, any and all charges incurred by the Landlord shall ensure for any and ail utilities supplied to the delivery of and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereontelephone, 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 alsoinclude an accurate copy of the invoice, at its sole cost and expensestatement, provide janitorial services 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 the Leased Premiseswhich payment is demanded. (b) Except as otherwise set forth in this Lease, SECTION 4.2. Landlord shall not be liable in damages or otherwise any way to Tenant for any interruption or failure of or interruption defect in the supply or character of any utility or other service being furnished to the Leased Premises, and 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 such failure longer suitable for Tenant's requirements, whether by reason of any requirement, act or interruption shall entitle Tenant to omission of the public utility serving the Premises or for any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Leaseother reason whatsoever. Notwithstanding anything contained in the provisions of this Lease to Section 4.2, the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, be responsible for any and (iii) all actual damages suffered by the Tenant as a result of any interruption of utility service caused solely by the Landlord's failure to remit (prior to the expiration of any applicable grace period) to the appropriate public utility or private company providing such Service Interruptionutility, as the conduct 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 equipment to the Premises electric distribution system or make any alteration or addition to Tenant’s normal operations 's machinery, appliances or equipment, or the electric system of the Premises, if the effect thereof would be to increase the electrical load in the Leased Premises are materially adversely affectedPremises. Should Landlord grant such consent, then there all additional risers or other equipment required therefor shall be an abatement of one day’s Base Rent provided by Landlord and the cost thereof shall be deemed Additional Rent for each day during which due hereunder and shall be forthwith paid by Tenant within five (5) days of Landlord's written demand. SECTION 4.4. If any Taxes are imposed upon Landlord with respect to any utility furnished as a service to Tenant by any Governmental Authority, Tenant agrees that such Service Interruption continues after such two Taxes shall be reimbursed by Tenant to Landlord within five (25) business daysdays of written demand. For purposes hereof; The Landlord hereby agrees that any demand given by the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access Landlord to the Leased PremisesTenant pursuant to the provisions of this Section 4.4 shall include an accurate copy of the invoice, water and sewer/septic service and electricitystatement, 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. 5.01. The Parties acknowledge that as of the Commencement Date utilities serving the Premises, being electricity, steam, supply water, and sanitary sewer (athe “Utilities”) Subject are separately metered with Tenant paying all costs for utility services to the service providers. In the event any such Utilities are not separately metered, the Parties agree that the Premises shall be separately metered for the Utilities as soon as reasonably practicable following the Commencement Date. All costs required to effectuate such separate metering shall be borne equally by Landlord and Tenant. The Parties shall cooperate with each other in all reasonable respects in connection therewith. Thereafter Tenant shall pay all charges for Utilities serving the Premises directly to the Utility provider. Until such time as electricity or any other Utilities are separately metered to the Premises, such Utilities to the Premises shall continue to be interconnected to Landlord’s utility infrastructure, and shall be provided to Tenant and paid for in the same manner and subject to the same conditions as all other Utilities are provided to Tenant. Until such Utilities are separately metered, Tenant shall pay Landlord for Tenant’s obligations under Section 3.2 hereofusage 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 ensure 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 delivery Premises may be discharged therein, (iii) Tenant shall comply with all applicable laws, rules and regulations regarding the use thereof and the discharge of substances therein, and pay (iv) the cost daily volume of all utilities for oily water discharged therein may not materially exceed the Building, including electricity, gas, hot and cold watervolume of the typical daily discharge therein resulting from Landlord’s operation of the Property prior to the Commencement Date. Tenant, however, Landlord shall be solely responsible for have no obligation to provide telephone service to the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem Premises or other service) and any other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except service of any kind except as otherwise set forth in this Lease, Section. Landlord shall not in no event be liable in damages or otherwise responsible for any failure cessation or interruption of in, or damage caused by, any utility or other service being furnished services provided to the Leased Premises, and no such failure whether by Landlord or otherwise, unless the cessation or interruption shall entitle Tenant to any abatement of, set off results from Landlord’s intentional misconduct or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricitygross negligence.

Utilities. (a) Subject to Tenant shall not install any equipment which can exceed the capacity of any utility facilities and if any equipment installed by Tenant requires additional utility facilities, the same shall be installed at Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of expense in compliance with all code requirements and pay the cost of all utilities for the Building, including electricity, gas, hot plans and cold waterspecifications which must be approved in writing by Landlord. Tenant, however, 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. Landlord may make electrical service available to the installation Premises, and payment so long as Landlord continues to provide such electrical service Tenant agrees to purchase the same from Landlord and pay Landlord for telephonethe electrical service (based upon ▇▇▇▇▇▇▇▇’s determination from time to time of Tenant’s consumption of electricity), cableas additional rent, internet on the first day of each month in advance (whether dial-upand prorated for partial months), DSLcommencing on the Commencement Date at the same cost as would be charged to Tenant from time to time by the utility company and/or alternate provider as designated by Landlord which otherwise would furnish such services to the Premises if it provided such services and metered the same directly to the Premises, cable modem 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 or other utilities to the Premises, and so long as Landlord continues to provide water or such other utilities Tenant shall pay Landlord for same at the same cost as would be charged to Tenant by the utility company and/or alternate provider as designated by Landlord which otherwise would furnish such service to the Premises if it provided such service and metered the same directly to the Premises, but in no event at a cost which is less than the cost Landlord must pay in providing such service) , and other in no event less than the minimum monthly charge which would have been charged by the utility services installed company in providing such service. Subject to the applicable rules and regulations of the State Public Service Commission, Landlord may provide a shared tenant telephone service to the Premises and so long as Landlord continues to provide such telephone service Tenant agrees to purchase the same from Landlord and pay Landlord for the Leased telephone service at the same cost as would be charged to Tenant by the utility company which otherwise would furnish such service to the Premises if it provided such service directly to the Premises, but in no event at a cost which is less than the cost Landlord must pay in providing such telephone service. Landlord shall have the right to designate an alternate third party utility company or provider to provide any such utility service to the occupants thereof; including, without limitation, fees and taxes thereonPremises and/or the Center. Tenant shall alsooperate its heating and air conditioning so that the temperature in the Premises will be the same as that in the adjoining mall, and set Tenant’s thermostat at its sole cost and expense, provide janitorial services the same temperature as that thermostat in the mall which is nearest the Premises. Tenant shall be responsible for the Leased installation, maintenance, repair and replacement of air conditioning, heating and ventilation systems within and specifically for the Premises. (b) Except , including all components such as otherwise set forth air handling units, air distribution systems, motors, controls, grilles, thermostats, filters and all other components. Tenant shall contract for, in this Leaseits own name, and shall pay for a qualified service contractor to periodically inspect, adjust, clean and repair such systems, including changing filters on a quarterly basis. Tenant shall promptly furnish a copy of each inspection and service report to the Center manager. 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 required by the Landlord. If ▇▇▇▇▇▇’s use of the Premises results in special exhaust requirements, Tenant shall have the exhaust fans interlocked with the make-up air units. If Tenant’s use of the Premises requires a grease trap, Tenant shall contract for, in its own name, and shall pay for a qualified service contractor to inspect, clean and repair such grease trap at such intervals as may be required by ▇▇▇▇▇▇’s use, but in no event less frequently than once a month. Tenant shall promptly furnish a copy of the inspection and service report to the Center manager. In the event such grease trap services Tenant and other tenants in the Center, Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other service being furnished may elect to the Leased Premisesperform such inspection, cleaning and repairing, and no such failure or interruption Tenant shall entitle Tenant to any abatement of, set off or reduction in the amounts payable pay to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any its proportionate share of the same due to any negligent or wrongful act or neglect cost thereof based upon the number of Tenant or tenants serviced by such grease trap. Tenant’s agents, employees or contractors proportionate share of such cost shall be due and payable within ten (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii10) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from ▇▇▇▇▇▇▇▇ therefor are rendered to Tenant. In the event Tenant requires the use of telecommunication services, and (iii) as a result of such Service Interruptionincluding, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affectedbut not limited to, credit card verification and/or other data transmission, then there Tenant shall be an abatement contract for such services with one of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean service providers available at the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityCenter.

Utilities. (a) Subject Prior to the Tenant’s obligations under Section 3.2 hereofClosing, Landlord Sellers shall ensure notify all utility companies servicing their respective portions of the delivery Property of the anticipated change in ownership of the Property and pay request that all b▇▇▇▇▇▇▇ after the cost Transfer Time be made to Buyer at the addresses of all utilities for the BuildingHotel located on their portion of the Property. Utility meters will be read, including electricityto the extent that the utility company will do so, gasduring the daylight hours on the Closing Date, hot with charges to that time paid by Seller and cold watercharges thereafter paid by Buyer. Tenant, however, Prepaid utility charges shall be solely responsible adjusted on the Closing Statement and paid for the installation and payment at Closing. Charges for telephoneutilities which are unmetered, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; includingmeters for which have not been read on the Closing Date, without limitationwill be prorated between Buyer and Seller as of the Transfer Time based upon utility b▇▇▇▇▇▇▇ received after Closing. To the extent different than the Closing Statement, fees Sellers or Buyer, as appropriate, shall, upon receipt, submit a copy of the utility b▇▇▇▇▇▇▇ for any such charges to the other party and taxes thereonsuch party shall pay its pro rata share of such charges to the party requesting payment within seven (7) business days from the date of any such request. Tenant This obligation shall also, at its sole cost and expense, provide janitorial services for the Leased Premisessurvive Closing. (b) Except Sellers shall receive a credit for all deposits made by Sellers or Operating Tenants as otherwise set forth in this Leasesecurity under contracts with utility companies if the same are transferable and provided such deposits remain on deposit for the benefit of the Buyer. If the deposits, Landlord shall not be 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 or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agentsthem are not transferable, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there Buyer shall be an abatement responsible for paying, before the Closing, all such deposits required by utility companies in order to continue service at the Hotels for periods after the Transfer Time and shall take any other action and make any other payments required to assure uninterrupted availability of one day’s Base Rent utilities at the Hotels and Additional Rent the Land for each day during all periods after Closing. Following Closing, all utility deposits made by Sellers which such Service Interruption continues after such two (2) business daysare not transferable shall be refunded directly to Sellers by the utility company holding same. For purposes hereof; the term “Essential Services” This obligation shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricitysurvive Closing.

Utilities. (a) Subject Landlord shall cause to be provided to Tenant such water and sewerage disposal services as may be reasonably required by Tenant. Except when occasioned by the Tenant’s negligent performance of Landlord's obligations under Section 3.2 hereofhereinabove set forth, Landlord shall ensure the delivery have no responsibility or liability for delays, lapses or cessation of and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other such utility services installed arising out of labor disputes, strikes, fires, storms, floods, freezing, earthquakes, explosion, civil disorders, acts of public enemy, sabotage, delays in transportation, energy or fuel shortages, unavoidable casualties, mechanical failures, or any other cause beyond its control. In any event, Landlord shall have no liability for consequential damages flowing from any delay, lapse or cessation of utility services. Landlord shall also have the Leased Premises right, in time of energy shortage or rationing, to allocate utility services among the occupants thereof; including, without limitation, fees various users thereof in such manner as is necessary and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for equitable or as may be required by the Leased PremisesUnited States. (b) Except Landlord shall permit all of its existing facilities to be used to supply public services in common with others to the Premises, including electricity, telephone, telegraph, trucking, railroad and other transportation services. In particular, Landlord shall permit the Narragansett Electric Company to provide service to Tenant over Landlord's existing power distribution facilities and shall cause Landlord to permit Narragansett Electric Company, at its own expense, to install, operate and maintain such secondary power transformation and distribution facilities as otherwise may be required to meet the requirements of Tenant. In the event that the existing systems for providing public services to the Premises shall become unavailable for any reason whatsoever, Landlord shall permit access for construction of new systems to the Premises through such portions of the other lands of Landlord as Landlord shall reasonably deem appropriate, the cost of constructing any such distribution system to be borne by the Tenant or the company furnishing such public services. (c) Charges for water and sewer furnished to Tenant under the terms of this lease shall be based on engineering estimates acceptable to Landlord and Tenant. Charges for sewerage disposal services furnished to Tenant shall be based upon the amount of water furnished to Tenant. Charges for utility services shall be established from time to time by Landlord on an equitable, non discriminatory basis. In establishing such charges, account shall be taken of all costs and other charges associated with the provision of utility services including without limitation, the cost of fuels, labor and materials, insurance, repair and maintenance, appropriate charges or reserves established by Landlord for capital improvements and replacements to the facilities rendering utility services, and general administrative overhead. (d) Landlord shall bill Tenant monthly for water and sewer services furnished during the prior month. Tenant shall pay for such utility services within thirty (30) days after the end of each month, or fifteen (15) days after receipt by Tenant of a bill for such services whichever is later. Notwithstanding such payment, Tenant may subsequently contest the reasonableness of any service charges or their compliance with the provisions of this Lease, and if such contest is not resolved by mutual agreement, it shall be resolved consistent with the terms of this Lease. (e) Tenant shall purchase from Landlord, and Landlord shall sell to Tenant, steam heat utilized by Tenant pursuant to terms set forth in this Lease, Landlord shall not the Steam Heat Supply Agreement to be liable in damages or otherwise for any failure or interruption entered into upon the execution of any utility or other service being furnished to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to in substantially the contrary, if (i) an interruption or curtailment, suspension or stoppage form of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityExhibit B attached hereto.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of and pay the cost of all All charges for utilities for the Building, including electricity, gas, hot and cold waterservices will be paid promptly by Tenant when due. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord Lessor shall not be liable in for damages occurred for the failure of utilities or otherwise services occasioned by strikes, breakage of equipment, failure of source of supply, acts of God, or by any act or cause beyond the control of the Lessor. Tenant agrees to pay for any failure or interruption of any utility or other service being furnished gas, electricity, water, trash removal services and common utilities, including furniture removal connected to the Leased Premisespremises, in addition to and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable same manner as rent, by paying for either the Tenant’s prorata share and/or fixed utility expense of the cost of gas, electricity, water, trash removal and common utilities paid by the Lessor during the previous month for the entire complex. (Tenant’s are also responsible for paying any and all utility overages such as water or additional trash expenses (i.e. Six Day Review as mandated by the City of Boulder (See “Note” Below For Details). Tenant will pay the prorata share equal to Landlord hereunder 100% (unless indicated below) or otherwise entitle Tenant to terminate this Leasefixed utility expense of $_95_ each month. Notwithstanding anything contained in this Lease to In the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except event any of the same due 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. At time of move-out, these utilities can not be disconnected until the move-out date, or the Tenant will be charged a $10.00 fee in addition to any negligent or wrongful act or neglect of Tenant or Tenant’s agentsunpaid utility charges. All additional utilities and services not named below (i.e. internet, employees or contractors (any such interruption of an Essential Service being hereinafter referred cable, phone, etc.) are paid by the tenants directly to as the company providing said services. If you receive a “Service Interruption”)high usage” water ▇▇▇▇ it will be the responsibility of the tenants to pay this utility ▇▇▇▇ in full. High usage can be caused from a running toilet, leaky sink etc. You will be responsible to pay this ▇▇▇▇ the month it is posted to your account. As listed below, some utility bills are to be transferred into the tenant’s name and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from paid directly to the corresponding utility company. If the Tenant fails to transfer the utilities into their name, Boulder Property Management will pay the utilities and ▇▇▇▇ it back to the Tenant, and (iii) as a result of such Service Interruption, will charge the conduct of Tenant an additional $25.00 fee for every month the utilities have not been transferred into the Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityname.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord The Tenant shall ensure the delivery of and pay for the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem used in or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other service being furnished supplied to the Leased Premises, including without limitation water, gas and no electricity, for which the Tenant receives a separate invoice or ▇▇▇▇. If the invoice or ▇▇▇▇ is from the Landlord, the amount of such failure invoice or interruption ▇▇▇▇ shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease be paid to the contraryLandlord forthwith, if (i) an interruption or curtailmentprovided that the Landlord may, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of by notice to the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, elect to estimate the conduct of Tenant’s normal operations amount for which the Tenant will be liable for utilities supplied to or used in the Leased Premises are materially adversely affectedfor a Lease Year, then there in which case the Tenant shall pay to the Landlord the estimated amount in equal monthly instalments on the first (1st) day of each and every month until such time as the Landlord adjusts or readjusts the estimated amount. If the invoice or ▇▇▇▇ is from a utility company, the Tenant shall pay the amount of such invoice or ▇▇▇▇ to the utility company before its due date and shall provide the Landlord with copies of all invoices together with proof of payment. The cost of those utilities used or supplied to the Leased Premises for which the Tenant does not receive a separate invoice or ▇▇▇▇ from either the Landlord or the utility company shall be an abatement included in the calculation of one day’s Base Rent Operating Costs and Additional Rent for each day during which be paid by the Tenant in accordance with the relevant provisions of this Lease, if the Tenant fails to provide the Landlord with copies of all invoices and bills (as provided above) or fails to satisfy all such Service Interruption continues after such two (2) business days. For purposes hereof; invoices and bills on or before their due dates, the term “Essential Services” shall mean Landlord, in addition to any other rights it may have under this Lease or at law, may at its sole option discontinue the following services: heat or cooling (during the appropriate season), access supply of utilities to the Leased Premises, water and sewer/septic service and electricitywithout any liability whatsoever to the Tenant.

Utilities. (a) Subject TENANT shall be responsible directly to the Tenantserving entities for all utilities required by TENANT’s obligations under Section 3.2 hereofuse of the Leased Site, Landlord however, OWNER agrees to cooperate with TENANT in its efforts to obtain utilities from any location provided by the OWNER or the servicing utility. Should electric power be provided by OWNER, TENANT will install an electric meter and TENANT’s usage shall ensure the delivery of be read by OWNER (or, at TENANT’s option and pay cost, by a meter reading service selected by TENANT) on a monthly basis and the cost of all utilities electricity used by TENANT shall be paid monthly by TENANT to OWNER, upon thirty (30) days written notice thereof, as a payment separate from Rent. OWNER may charge a reasonable meter reading fee but agrees that it will not include a markup on the utility charges. If TENANT submeters electricity from OWNER, OWNER agrees, to the extent feasible, to give TENANT at least twenty-four (24) hours advanced notice of any planned interruptions of said electricity. OWNER acknowledges that TENANT provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in TENANT’s reasonable determination, OWNER agrees to allow TENANT the right to bring in a temporary source of power for the Buildingduration of the interruption. OWNER will not be responsible for interference with, including electricityinterruption of or failure, gasbeyond the control of OWNER, hot of such services to be furnished or supplied by OWNER. OWNER agrees to grant to any utility company providing utility services to TENANT, an easement for the purpose of constructing, operating and cold watermaintaining utilities to provide such services to the Leased Site. Tenant, however, Such easement shall be solely responsible for the installation and payment for telephonein a location to be approved by OWNER, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord which approval shall not be liable in damages unreasonably withheld, conditioned or otherwise for any failure delayed. Upon TENANT’s or interruption of any a utility or other service being furnished to the Leased Premisescompany’s request, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate OWNER will execute a separate recordable easement evidencing this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricitygrant.

Utilities. (a) Subject to The following table indicates which utilities are included in the rental price and which utilities are the responsibility of the Tenant: Electricity Gas Water/Sewer Trash/Recycling Phone Cable TV Internet Landlord Tenant Upon the delivery of possession of the Leased Premises to Tenant, Tenant shall arrange for the utilities for which Tenant is responsible to be billed directly to Tenant. In the event Tenant exceeds ordinary usage of any utilities to be furnished at Landlord’s obligations under Section 3.2 hereofexpense, Landlord reserves the right to charge Tenant appropriate amounts for such extraordinary usage as additional rent. Regardless of the source of such utilities or services, Landlord shall ensure have the delivery right to interrupt any or all of and pay said services at such time as may be necessary by reason of accident, repairs, alterations or improvements desirable or necessary to be made in the cost Landlord’s judgment; or, whenever the Landlord, after exercising reasonable diligence, is unable to furnish any such service by reason of all utilities for the Buildingstrikes, including electricityfire, gasacts of god, hot and cold watercivil disturbances, order of any governmental authority or unavailability of adequate energy sources, or any other reason beyond Landlord’s control. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be liable in for any claim of damages or otherwise for any failure injury, proximate or interruption remote, or charge or refund of any utility or other service being furnished to the Leased Premises, and no kind whatsoever on account of such failure to provide the services hereinabove set forth, nor shall Landlord be liable or interruption deemed to have constructively or actually evicted Tenant as a result thereof. Tenant shall entitle Tenant not allow electricity to be disconnected by any abatement of, set off or reduction in means (including nonpayment of ▇▇▇▇) until the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in termination of this Lease to Contract. Tenant shall be liable for all utilities until the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any date Tenant moves out of the same due Premises or termination of Lease, whichever occurs last. For any utility that Tenant reimburses Landlord for, or for which Landlord bills Tenant, or which is billed by 3rd party ▇▇▇▇▇▇ contracted by Landlord, Landlord may measure, estimate or allocate utility usage among the community’s Tenants as Landlord reasonably deems to any negligent or wrongful act or neglect of be appropriate including but not limited to RUBS (“Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service InterruptionUtility Billing System”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received the right, upon 30 days notice thereof from to Tenant, and (iii) as a result to increase the Total Monthly Rent due by an amount reasonably related to any increase in the cost of such Service Interruptionutilities. If Landlord provides cable TV at the Community, the conduct of Tenant’s normal operations in cable channels provided may be changed during the Lease Term. Tenant hereby acknowledges that upon vacating the Premises a utility disconnect charge fee may be automatically withheld from the Security Deposit paid on the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access charged directly to the Leased Premises, water and sewer/septic service and electricityTenant by utility provider.

Utilities. (a) Subject In recognition of the urgency to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of conserve natural resources and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and to avoid undue expense, provide janitorial services for Tenant agrees to restrict usage of utilities to a conservative, yet comfortable level. Landlord will furnish the Leased Premises. (b) Except as otherwise set forth in this Lease, utilities checked: natural gas ___ electric power ___ water ___ garbage pickup ___ sewerage ___. Landlord shall not be liable in damages or otherwise for any failure or interruption temporary suspension of any utility or other service being furnished to of the Leased Premises, above listed utilities and no such failure or interruption a temporary suspension shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant not be deemed grounds sufficient to terminate this Leaselease or any part of this lease. Notwithstanding anything contained in SECURITY DEPOSIT The Security Deposit paid by Tenant shall be held by Landlord until this Lease agreement is terminated. Tenant agrees to return to Landlord within two weeks from the contraryinitial date of tenancy, if (i) an interruption or curtailmentinventory of all furniture and furnishings, suspension or stoppage a list of an Essential Service (as said term is hereinafter defined) shall occurapartment damages, except any and the general degree of cleanliness and condition of the same due same. The Security Deposit shall be returned to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors within thirty (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii30) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof termination of this agreement, less the following: A reasonable cleaning expense if Tenant does not leave the premises in clean and rentable condition at the time Tenant vacates; Cost for replacing keys, locks, or for locksmith services when keys are not returned within 48 hours of termination of the lease or vacating the premises; Cost of repairs or replacements, decorating and/or refurnishing of the premises or any fixture, furniture or appliance caused by other than reasonable wear and tear; Any rents, charges, or fees uncollected at termination of lease. TENANT MAY NOT CONSIDER TENANT'S SECURITY DEPOSIT TO APPLY AGAINST RENTAL PAYMENTS OR LATE CHARGES. Tenant will be provided with an itemization of all deductions from Tenant, and the security deposit within the same thirty (iii30) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityperiod.

Utilities. (a) Subject to Tenant shall not install any equipment which can exceed the capacity of any utility facilities and if any equipment installed by Tenant requires additional utility facilities, the same shall be installed at Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of 's expense in compliance with all code requirements and pay the cost of all utilities for the Building, including electricity, gas, hot plans and cold waterspecifications which must be approved in writing by Landlord. Tenant, however, Tenant shall be solely responsible for the installation and payment promptly pay all charges for telephoneuse or consumption of sewer, cablegas, internet (whether dial-upelectricity, DSL, cable modem or other service) water and all other utility services installed services. Landlord will initially make electrical service available to the Premises as provided in Exhibit "D," and so long as Landlord continues to provide such electrical service Tenant agrees to purchase the same from Landlord and pay landlord for the Leased electrical service (based upon Landlord's REASONABLE determination from time to time of Tenant's consumption of electricity), as additional rent, on the first day of each month in advance (and prorated for partial months), commencing on the Commencement Date at the same cost as would be charged to tenant from time to time by the utility company which otherwise would furnish such services to the premises if it provided such services and metered the same directly to the premises, but in no event at a cost which is less than the cost landlord must pay in providing such electrical service. Landlord will initially supply water and may supply other utilities to the premises, and so long as landlord continues to provide water or such other utilities tenant shall pay landlord for same at the same cost as would be charged to Tenant by the utility company which otherwise would furnish such service to the Premises or if it provided such service and metered the occupants thereof; includingsame directly to the Premises, without limitationbut in no event at a cost which is less than the cost Landlord must pay in providing such service, fees and taxes thereonin no event less than the minimum monthly charge which would have been charged by the utility company in providing such service. Subject to the applicable rules and regulations of the Illinois Public Service Commission, Landlord may Provide a shared tenant telecommunications service to the Premises and so long as Landlord continues to provide such telecommunications service Tenant agrees to purchase the same from Landlord and pay Landlord for the telecommunications service at the same cost as would be charged to Tenant by the utility company which otherwise would furnish such service to the Premises if it provided such service directly to the Premises, but in no event at a cost which is less than the cost Landlord must pay in providing such telecommunications service. Tenant shall alsooperate its heating and air conditioning so that the temperature in the Premises will be the same as that in the adjoining mall, and set Tenant's thermostat at its sole cost and expense, provide janitorial services the same temperature as that thermostat in the mall which is nearest the Premises. Tenant shall be responsible for the Leased Premises. (b) Except as otherwise set forth in this Leaseinstallation, Landlord shall not be liable in damages or otherwise maintenance, repair and replacement of air conditioning, heating and ventilation systems within and specifically for any failure or interruption of any utility or other service being furnished to the Leased Premises, including all components such as air handling units, air distribution systems, motors, controls, grilles, thermostats, filters and no such failure or interruption all other components. Tenant shall entitle Tenant to any abatement of, set off or reduction operate ventilation so that the relative air pressure in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of Premises will be the same due to any negligent as or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more less than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations that in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; adjoining mall as required by the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityLandlord.

Utilities. (a) Subject Tenant shall pay for all water, gas, heat, light, power, telephone, trash and other utilities and services supplied to the Premises, together with any taxes. If any of 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 premises. If these charges remain unpaid for thirty (30) days after they become due and for ten (10) days following ▇▇▇▇▇▇’s obligations under Section 3.2 hereofreceipt 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. ▇▇▇▇▇▇▇▇ 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 ensure have no liability, whatsoever, in the delivery event of and pay the cost any interruption, failure or curtailment of all any utilities for the Buildingnor shall such interruption, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem failure or other service) and other utility services installed for the Leased Premises curtailment of any utilities constitute a constructive or the occupants thereof; including, without limitation, fees and taxes thereonpartial eviction. Tenant shall also, at its sole cost and expense, provide janitorial services for make no change in the Leased Premises. (b) Except conduct of business in the Premises from the manner of the conduct of business in the Premises as otherwise set forth in of the Effective Date of this Lease, or install additional equipment not located on the Premises as of the Effective Date of this Lease which would have the effect of materially increasing Tenant’s consumption of any utilities, as determined by Landlord in Landlord’s sole and absolute discretion. Landlord agrees to allow ▇▇▇▇▇▇ to install separate UPS power devices in the Premises as Tenant desires; provided, however, Landlord shall not be liable to Tenant in damages the event of any failure of or otherwise damage to such power devices or for any failure damage or interruption consequences resulting from or in any way related to the use of such power devices in the Premises. Tenant shall assume all costs associated with installing and using such UPS power devices, including, but not limited to, the costs of any utility or other service being furnished increase in costs to utilities serving the Leased Premises, Premises resulting from the use and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result operation of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricitydevices.

Utilities. 9.01 Lessor agrees to provide at its cost water and electric service connections (aand gas where applicable) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of Premises and pay the cost of all utilities for telephone service connections to the Building, but Lessee agrees to make all arrangements for and pay directly to the appropriate utility company all costs and expenses of utility services supplied to, and for the use of, Lessee in or about the Premises, including electricitybut not limited to, water, gas, hot heat, light, power, telephone, sewer, sprinkler charges, usage costs and cold water. Tenantexpenses, howeverservice fees, connection charges, deposits and any duties or taxes for such utilities. 9.02 If for any reason, Lessor incurs any utility costs and expenses which are attributed to Lessee, as determined by Lessor, Lessee, upon notification from Lessor, shall immediately reimburse Lessor for all such costs and expenses. 9.03 In the event it is not possible for Lessee to pay directly for any utility service, the utility service may, at Lessor's discretion, be solely obtained in Lessor's name, and Lessee will pay Lessor, as Additional Rent, Lessor's best estimate of Lessee's share of such utility costs and expenses. Lessor's best estimate will be determined by Lessor in its sole discretion and will be subject to change as Lessor deems necessary. Periodically during the Lease Term, Lessor will compare Lessee's utility estimates to actual utility costs and expenses incurred, and bill or credit, whichever is applicable, Lessee for any difference. ▇▇▇sor reserves the right to separately meter any such service not so separately metered at Lessee's sole cost and expense at any time during the Lease Term, at which time Lessee shall be directly responsible for payment of such expense directly to the installation and payment utility service provider, if possible. 9.04 Lessor will not be liable or deemed in Lessor Default, nor will there be any abatement of rent, for telephoneany interruption or reduction of utilities, cableutility services or telecommunication services. Without limiting the foregoing, internet Lessor shall have no liability in the event any telecommunication service to the Premises is interrupted or in the event that any telecommunications company providing services to the Premises (whether dial-upselected by Lessor or Lessee) fails to provide such services or provides defective service. Additionally, DSLLessee agrees to comply with any energy conservation programs implemented by Lessor by reason of enacted laws or ordinances, cable modem or other service) otherwise. 9.05 Lessor reserves the right, in its sole discretion, to designate, at any time, Lessee's utility equipment and other service providers for any utility services installed available for Lessee's use within the Leased Premises or Property. 9.06 By execution of this Lease, Lessee acknowledges it has satisfied itself as to the occupants thereof; includingadequacy of any Lessor owned telephone equipment, without limitationif any, fees and taxes thereonthe quantity of telephone lines and service connections to the Building available for Lessee's use. Tenant shall alsoAdditionally prior to termination of this Lease, Lessee at its sole cost and expense, provide janitorial services will remove all equipment, both above and below the ceiling to the phone closet where applicable, (if required by Lessor), including but not limited to, all lines, wiring and all telephone boards belonging to Lessee and restore the Premises to the same condition as before such installation. 9.07 Lessee acknowledges and agrees that the number and type of telephone lines to its Premises, and all other telephone, telecommunication or other communication equipment (specifically including any antennas, towers {microwave or otherwise} or other exterior equipment of any nature) which either utilizes telephone or telecommunications equipment or technology or in any other manner affects the ability to use telephone or communications facilities at the Premises, as presently existing and as contemplated to be installed prior to the Commencement Date as specifically provided in any Exhibit to this Lease, are fully adequate for Lessee's uses and purposes. In the Leased Premisesevent that Lessee later wishes additional telephone, telecommunication or other communication lines or equipment to be installed after the date of Lessee's execution of this Lease, no such additional lines or equipment shall be installed without first securing the prior written consent of Lessor, which will not be unreasonably withheld. Any telecommunications installation shall be subject to the following: (1) Lessor shall incur no expense whatsoever with respect to any aspect of Lessee's need for additional access or equipment, including without limitation, the costs of installation, consultants, materials, permits, service, etc. (b2) Except Prior to the commencement of any work in or about the Building to install such additional access, lines or equipment, Lessee shall agree to abide by such conditions to installation, use and removal, as otherwise set forth are determined by Lessor in this Leaseits sole discretion. (3) Lessor reasonably determines that there is sufficient space in the Building for the placement of all of the lines, Landlord access and equipment. (4) Lessee agrees to compensate Lessor the reasonable amount determined by Lessor for space used in the Building for the storage and maintenance of the equipment, if any lies outside the leased Premises, and for all costs that may be incurred by Lessor in arranging for access by the Lessee's personnel, security for Lessee's equipment, and any other such costs as Lessor may expect to incur. (5) Any other requirements Lessor may deem reasonable. The refusal of Lessor to consent to any request shall not be liable in damages or deemed a Lessor Default nor otherwise be grounds for any failure termination, claim or interruption of any utility or other service being furnished offset by Lessee. Lessee agrees that to the Leased Premisesextent service by any telephone or communication equipment is interrupted, curtailed, or discontinued, Lessor shall have no obligation or liability with respect thereto and it shall be the sole obligation of Lessee at its expense to obtain substitute service, but only with Lessor's prior written permission, which shall not be unreasonably withheld. Lessor's consent under this section shall not be deemed a warranty or representation by Lessor as to the availability or suitability of the present or future telephone or communications equipment, connections, compatibility or space available for any additional equipment, lines or access. The provisions of this clause may be enforced solely by the Lessee and Lessor, and are not for the benefit of another party, specifically, without limitation, no such failure telephone or interruption telecommunications provider shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any be deemed a third party beneficiary of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityLease.

Utilities. (a) Subject Landlord will provide at a point available to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure Premises the delivery of and pay the cost of all utilities facilities necessary to enable Tenant to obtain for the BuildingPremises sanitary sewer, including electricitydomestic water, natural gas, hot chilled water, telephone and cold waterelectricity service, such facilities being more specifically described in Exhibit “C”. Tenant, however, Tenant shall be solely responsible for payment or reimbursement to Landlord of all utilities and services provided to the installation and payment for telephonePremises, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees gas, heat, water, electricity, other power, air conditioning, telephone service, flora maintenance and taxes thereon. Tenant shall alsopreservation, at its sole cost oven and expensestove exhaust cleaning and air filter replacement services, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Leasepremises cleaning service, interior window washing services, garbage disposal, pest control and sewerage services; provided, however, that Landlord shall not charge Tenant more than what Tenant would pay if it obtained the services directly from service providers offering comparable quality and equipment in the geographic marketplace where the Shopping Center is located (Landlord may include a service charge of up to Twenty-Five Dollars ($25) per month in the cost of utilities billed directly by Landlord). If Landlord or its designee provides Tenant with the utilities used in the Premises, Tenant shall purchase such utilities from Landlord or its designee and may not purchase such utilities from any other source. Landlord agrees, however, that the charge to Tenant for utilities furnished by Landlord shall not exceed that which Tenant would be liable required to pay for if Tenant purchased such utilities, with a comparable level and quality of service and equipment, directly from the local public utility company; provided however, Tenant shall also be responsible for and pay all connection or service fees in damages or otherwise for any failure or interruption of any utility or other service being furnished connection with the provision to the Leased Premises of such utilities and services. All costs of providing meters or submeters shall be paid by Tenant. If applicable, Tenant shall pay all utility charges directly to the billing utility company by no later than the due date specified in any bill. Landlord may provide heating, chilled water and chilled air from a central plant to the Premises, and no such failure or interruption in which case Tenant shall entitle Tenant to any abatement of, set off or reduction in the amounts payable pay to Landlord hereunder (or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contraryoperator of the central plant, if (iapplicable) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any Tenant’s share of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result cost of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there services as reasonably determined by Landlord. Such share shall be paid to Landlord (or plant operator) by the first day of each and every month as an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two Charge. Impossible Kicks – Grand Canal Shoppes – 2065 – Retail Lease 2/6/2023 (2NL) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate seasonkb), access to the Leased Premises, water and sewer/septic service and electricity.

Utilities. (a) Subject LESSOR shall provide to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure Leased Premises the delivery of building standard facilities for heat and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed 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 or (to be distributed throughout the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall alsoLeased Premises however, at its LESSEE’s sole cost and expense). Notwithstanding the foregoing, provide janitorial services LESSEE shall pay all charges for electricity used on the Leased Premises. (b) Except . LESSEE shall pay all actual charges, without ▇▇▇▇-up or profit to LESSOR, for electricity used on the Leased Premises as otherwise set forth in this Lease, Landlord shall not it may be liable in damages or otherwise for any failure or interruption of any utility or other service being furnished 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 (whichever or both as may be applicable), at the reasonable determination of the LESSOR. LESSOR shall determine any such electric charges not separately metered to the Leased Premises in a uniform and no such failure or interruption shall entitle Tenant non-discriminatory manner relative to any abatement of, set off or reduction other lessees and occupants in the amounts payable Building whose electric charges are not separately metered. LESSEE shall pay its electrical charges to Landlord hereunder LESSOR as invoiced by LESSOR on a monthly basis (whether based on actual or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if estimated charges) within thirty (i30) an interruption or curtailment, suspension or stoppage days of an Essential Service (as said term is hereinafter defined) shall occur, except any its receipt of the same invoice. Within one hundred twenty (120) days of the close of each calendar year, LESSOR shall adjust the LESSEE’s prior year’s electrical payments to account for the actual and properly accrued charges, and shall issue LESSEE a refund or deficiency statement for that year, as appropriate. LESSEE shall pay any deficiency shown thereon within thirty (30) days of its receipt of said invoice. In the event of any disagreement, the parties shall engage in the negotiation and arbitration processes set forth in the last paragraph of Section 3 hereof. Any rebates due LESSEE (not contested by LESSOR) shall, in LESSOR’s reasonable discretion, be credited toward then current Rent. LESSOR shall provide copies of the relevant electric bills, and information regarding which spaces in the Building are not separately metered to any negligent or wrongful act or neglect other lessees and occupants, to LESSEE upon LESSEE’s request. LESSOR shall maintain an average temperature in the Building between 60 degrees Fahrenheit and 80 degrees Fahrenheit at all times; and an average temperature in the Leased Premises generally between 68 degrees Fahrenheit and 76 degree Fahrenheit during Normal Business Hours. LESSOR shall make available overtime heat and air-conditioning and LESSEE shall pay as additional rent, overtime heat and air-conditioning as may be requested by LESSEE for the Leased Premises on the basis of Tenant or Tenant’s agents, employees or contractors $ 150.00 per zone (any such interruption there being one zone in the office portion of an Essential Service being hereinafter referred to as a “Service Interruption”the Leased Premises), per hour, (subject to increase by the same percentage amount by which the standard electric rates are increased), as billed by LESSOR. LESSEE shall give LESSOR forty eight (48) hours prior notice of any requirements for specialized overtime heating and (ii) such Service Interruption continues air-conditioning. LESSOR shall not be liable to LESSEE for more than two (2) full business days after Landlord shall have received notice thereof from Tenantany interruption, and (iii) interference, damage or loss to LESSEE’s research or experimentation occasioned as a result of such Service Interruptionany failure in the heating, ventilation, air conditioning, or electrical services or other utilities servicing the conduct of TenantBuilding or the Leased Premises not caused by LESSOR’s normal operations negligence, willful misconduct, or failure to use reasonably diligent efforts to restore any service interruption within its reasonable control. No plumbing or electrical work which affects the base Building systems or which requires a municipal permit or which may interfere with any other tenant in the Building shall be done without LESSOR’s approval which approval shall not be unreasonably withheld or delayed and the appropriate municipal permit and inspector’s approval. Hot and cold water for domestic type sanitary and drinking purposes and ordinary office pantry purposes (only) shall be supplied at LESSOR’s expense. There shall be separately metered and separately paid for by LESSEE, non-potable laboratory water and water for other particularized uses in the Leased Premises are materially adversely affected, then there Premises. LESSOR shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean also provide the following servicesservices in accordance with comparable first class research laboratory and office buildings in the mid-Cambridge submarket at no additional charge: heat or cooling (during the appropriate season), access a) non-exclusive shared passenger and freight elevator service and loading dock service to the Leased PremisesPremises on a 24-hour basis, water (b) base Building fire and sewer/septic life-safety systems; and (c) janitorial and cleaning service to common lavatories and electricitycommon areas. LESSEE shall not be required to pay for any utilities as aforesaid to the extent the same are included in Operating Expenses.

Utilities. (a) Subject A. Tenant shall be responsible for coordinating and paying for its utilities directly with and to utility providers. Where possible, utilities shall be separately metered and Tenant shall pay such charges directly to the Tenantrespective utility company or agency. B. CITY has provided some utility infrastructure on the Airport property and Tenant has familiarized itself with such infrastructure and determined what else Tenant must install to meet ▇▇▇▇▇▇’s obligations under Section 3.2 hereof, Landlord needs. Tenant shall ensure be responsible for the delivery of construction and pay the cost expense of all utilities utility improvements and connections on and to the Premises except those that already exist on the effective date. In the event that installation of a fire hydrant is necessary in order for Tenant to have sufficient fire protection service to the Buildingcontemplated Tenant Improvements, including electricity, gas, hot and cold water. Tenant, however, Tenant shall be solely responsible for the installation of the fire hydrant and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premisesrelated infrastructure in compliance with all applicable codes. (b) Except as otherwise set forth in this Lease, Landlord shall not be liable in damages or otherwise C. Tenant waives any and all claims against CITY for compensation for any failure and all loss or interruption damage sustained by reason of any defect, deficiency, or impairment of any utility system unless such loss or other service being furnished 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 Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement ofgrant necessary utility easements, set off or reduction provided that in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease exercise of such 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 contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), Premises and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) improvements thereon caused by CITY as a result of the exercise of such Service Interruptionreserved rights. CITY also reserves the right to utilize any existing surface and underground pipes, pumps, utility lines or hydrant systems on the conduct 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 coordinate with Tenant, and shall use best efforts to be the least intrusive to Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityas commercially practicable.

Utilities. (a) Subject Commencing as of the Commencement Date, Tenant shall (i) contract directly with the applicable utility provider for separately metered gas and shall pay all charges for such gas service being supplied to the Tenant’s obligations under Premises directly to the utility provider at such time as the same shall become due, (ii) reimburse Landlord through Operating Costs, pursuant to Section 3.2 hereof4.2.3, for all charges for water (including sewer charges) to the exterior common areas of the Property, and (iii) pay to Landlord shall ensure the delivery by means of and pay monthly escrow payments (as set forth in (c) below) for all charges for the cost of all utilities electricity for the BuildingTenant’s lights, including electricityoutlets, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet fan powered terminals (whether dial-up, DSL, cable modem or other service“FPTs”) and other utility services installed VAV boxes and the Rooftop Equipment (defined in Section 6.2.7), and all costs and charges for Tenant’s direct water usage in the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises(including sewer charges). (b) Notwithstanding the foregoing, Landlord will not have historical usage data at the beginning of the Term to establish the initial monthly escrow payments contemplated in this Section 4.2.6 for Tenant’s consumption of water and electricity in the Premises. Until Landlord has collected sufficient data on Tenant’s water and electrical usage at the Premises, Tenant shall (i) reimburse Landlord, as Additional Rent, for all costs and charges for electricity furnished to the Premises based on sub-meter readings made by Landlord on a monthly basis, which charges shall be paid in arrears by Tenant within thirty days of Landlord’s invoice, and (ii) pay to Landlord, as Additional Rent within thirty days of Landlord’s invoice, all costs and charges for Tenant’s direct water usage (including sewer) at the Premises based on quarterly water bills received by Landlord from the Town of Burlington Water Department. (c) Once Landlord has collected sufficient data regarding Tenant’s actual consumption of water and electricity at the Premises, Tenant shall pay directly to Landlord, as Additional Rent, estimated monthly charges (the “Utilities Charges”) on account of Tenant’s consumption of electricity in the Premises for its lights, outlets, FPTs and VAV boxes and the Rooftop Equipment, and for water consumption in the Premises. Landlord shall reasonably estimate the amount of Utilities Charges payable by Tenant per month and shall notify Tenant on or about November 1, 2025, of the initial estimate of Utilities Charges to be paid by ▇▇▇▇▇▇. Tenant shall pay the Utilities Charges on the first day of each calendar month included in the Term, in the same manner as Tenant pays Fixed Rent pursuant to Section 4.1 above. On a bi-annual basis (June 30th and December 31st of each year), Landlord will reconcile the estimated Utilities Charges paid by Tenant with the actual amounts owing from Tenant, as reflected on utility provider invoices received during the relevant period, and based on the number of kilowatt hours of electricity used in the Premises for the corresponding billing period as registered on the sub-meter for the Premises, and for water consumption as registered on the check meter for the Premises. If it is determined Tenant has been overcharged, then such overpayment will be credited against ▇▇▇▇▇▇’s account for the following month. If Tenant has underpaid, then Landlord will invoice Tenant for the amount owed and Tenant shall pay such amount within thirty days after billing. Landlord reserves the right to adjust the monthly Utilities Charges from time to time based on the most current data available for Tenant’s electrical consumption in the Premises, and Tenant shall thereafter pay the adjusted Utilities Charges to Landlord until further notice. (d) Tenant shall pay all costs and charges for telephone and other utilities or services including gas, internet, cable, fiber or other communications lines to the Premises not supplied by Landlord, whether designated as a charge, tax, assessment, fee or otherwise, all such charges to be paid as the same from time to time become due. Except as otherwise set forth provided in this LeaseArticle 5, it is understood and agreed that Tenant shall make its own arrangements for the installation or provision of all such utilities and services and that Landlord shall be under no obligation to furnish any such utilities and services to the Premises and shall not be liable in damages or otherwise for any interruption or failure or interruption in the supply of any utility or other service being furnished such utilities and services to the Leased Premises; however, and no such failure or interruption Tenant shall entitle Tenant be entitled to any an abatement of, set off or reduction of Rent in accordance with the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate terms of Section 5.2 of this Lease. Notwithstanding anything contained in this Lease herein to the contrary, if (i) an interruption in the event that any such gas charges or curtailmentany other utilities are not paid by Tenant at the time when the same are payable to the provider, suspension or stoppage of an Essential Service (Landlord may nevertheless pay the same and charge Tenant the cost thereof, which charge shall become payable as said term is hereinafter defined) shall occur, except any Additional Rent on the first day of the following calendar month.” b. The first sentence of Section 5.1.3 of the Lease is hereby deleted in its entirety and replaced with the following language: “To furnish to the Premises, separately sub-metered and paid for by Tenant directly to Landlord at the same due to any negligent or wrongful act or neglect time and in the same manner as prescribed in Section 4.2.6 of Tenant or this Lease, electricity for Tenant’s agentslights, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”)outlets, and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, VAV boxes and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in Rooftop Equipment.” c. Section 6.2.7(a) of the Leased Premises are materially adversely affected, then there shall be an abatement Lease is hereby amended by deleting the seventh (7th) sentence of one day’s Base Rent said clause and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean inserting the following servicesnew sentence in its place: heat or cooling (during “Tenant shall also pay all costs of electricity in connection with the appropriate season), access Rooftop Equipment directly to Landlord by means of monthly Utilities Charges for the Leased Premises, water Premises in accordance with Section 4.2.6 of this Lease.” d. Tenant’s monthly escrow payments for electrical usage at the Premises and sewer/septic service in connection with the Rooftop Equipment shall not be included within the meaning of “gross receipts for the Building” under Section 4.2.3(b) of the Lease and electricityshall not be a factor in calculating the management fee for the Building.

Utilities. (a) Subject In addition to the payment of the Tenant’s obligations under Section 3.2 hereofOccupancy Costs and notwithstanding Sections 6.01 and 6.02, Landlord the Tenant shall ensure the delivery of and pay 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 BuildingLandlord’s approval, including electricitysuch additional equipment is installed, gas, hot and cold water. Tenant, however, the Tenant shall be solely responsible for such excess utility usage. If utilities are supplied to the installation Tenant through a meter common to other tenants in the Project (there being no obligation on the Landlord to install separate meters), the Landlord shall pay the cost of the utilities and payment 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 telephoneall 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, cable, internet (and whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises are separately metered or not, the occupants thereof; includingLandlord 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, without limitationin billing the Tenant for its share of such utility, fees apply a scale of rates not greater than the current scale of rates at which the Tenant would from time to time be purchasing the whole of its utilities required and taxes thereonconsumed in respect of the Leased Premises if the Tenant were purchasing directly from the utility supplier. The Tenant shall also, at its sole cost and expense, provide janitorial services for upon the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be liable in damages Landlord’s request install a separate utility meter or otherwise for any failure or interruption of any utility or other service being furnished to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations meters in the Leased Premises are materially adversely affected, then there shall be an abatement of one dayat the Tenant’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business daysexpense. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access In addition to the Leased Premisespayments to the Landlord required by this Article 7.00, water the Tenant shall pay all rates, charges, costs and sewer/septic service and electricityexpenses as may be assessed or levied by any supplier of utilities to the Tenant other than those supplied by the Landlord.

Utilities. (a) Subject TENANT is responsible and shall pay for all of its utility services. The TENANT is separately metered for non-HVAC expenses of gas and electricity and will contract with the utility companies for service requirements and billing. TENANT is also responsible for its own telephone service. TENANT agrees and acknowledges that the Building is served by a single integrated HVAC system. Accordingly, LANDLORD will furnish heating and cooling to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of and pay the cost of all utilities for each tenant in the Building, including electricity, gas, hot and cold water. Tenant, however, shall be solely charge back its collective expense in so doing as an Operating Expense (as to which TENANT is responsible for paying its "proportionate share"), and will treat the installation and payment HVAC system as a non-structural item for telephonepurposes of Section 9(e). TENANT has the right, cableat any time, internet (whether dial-upby giving LANDLORD written notice specifying the additional Cooling capacity desired, DSL, cable modem or other service) and other utility services installed for to require LANDLORD to increase the cooling capacity of the HVAC system serving the Leased Premises or to reasonable degree beyond its capacity as of the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be liable in damages or otherwise for any failure or interruption commencement date of any utility or other service being furnished to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained LANDLORD warrants that the capacity as of that commencement date will be at Ieast 1 ton per approximately 470 square feet. Upon receiving the notice, LANDLORD will diligently undertake reasonable efforts to increase the capacity accordingly. LANDLORD will have no obligation to increase the Capacity to any unreasonable or impossible extent. LANDLORD will fund all expenses incurred in increasing this Lease capacity, but will be entitled to invoice TENANT for such expenses, starting on completion of the work, amortized over the number of months remaining in the current lease term, at the rate of 10% per annum, simple interest. This invoiced amortized amount will be treated as base rent, and TENANT will, on request, execute a lease amendment reflecting the increase in monthly base rent to include the amortized monthly installment. Any default, while uncured, will suspend TENANT'S rights under this provision. TENANT may exercise its right under this provision only once. LANDLORD reserves the right to protect its property and interest with respect to utilities in any way it sees fit should TENANT not pay utility charges. In the event the TENANT uses water and sewer in substantial amounts or for production purposes, the LANDLORD shall install at TENANT'S expense a water meter to sub-meter said water, and shall Charge TENANT for said water and sewer at rates as charged by the City. TENANT shall pay to the contraryCity any water availabiiity charge (WAC) and sewer availability charge (SAC) charges due to its high usage. LANDLORD shall, if (iunder no circumstances, be liable for; a) an interruption physical loss arising from any failure to furnish heating, cooling, water, electricity, telephone, or curtailmentany other utility; b) any consequential damages, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any regardless of the same due to cause; or c) any loss or damages of any kind not resulting from the LANDLORD'S willful non-performance or grossly negligent or wrongful act or neglect performance of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityits duties hereunder.

Utilities. (a) Subject 3.5.1 Landlord shall have the right from time to time to select the company or companies providing local telephone and telecommunication services to the Tenant’s obligations under Section 3.2 hereof, Landlord Building (and Ameritech is the current local telephone service provider at the Building). Tenant shall ensure have the delivery of right from time to time to select the company or companies providing local telephone and telecommunication services to the Premises. Tenant shall contract directly and pay for all telephone and other telecommunication services used on or from the cost Premises together with any taxes, penalties, surcharges or similar charges relating to such services. If Tenant desires to use the services of all utilities for a provider of local telephone or telecommunication services whose equipment is not then servicing the Building, including electricityno such provider shall be permitted to install its lines or other equipment within the Building without the prior written consent of Landlord. 3.5.2 Tenant shall, gasas part of the Tenant Improvements, hot at Tenant's expense, install necessary electricity meter reading devices and cold waterseparately meter the Premises for the provision of electricity to the Premises and may use the Landlord's electrical distribution system with respect to such installation. TenantTenant may select the electric utility provider to provide electricity to the Premises; provided, however, that Landlord reserves the right to select, at any time and from time to time, the electric utility provider to the Building (which such right shall take precedence over Tenant's right to select the electric utility provider for the Premises in the event of a conflict regarding same) and that the obligation of Landlord to make available electricity or other utilities at the Building shall be solely responsible for subject to the installation rules and payment for telephone, cable, internet (whether dial-up, DSL, cable modem regulations of the supplier of such utilities and of any municipal or other governmental authority regulating the business of providing such utility service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall alsopay for electricity based on such meters directly. All charges for electricity incurred by Landlord for electricity consumed at the Premises shall be payable as Additional Rent, at its sole cost with the installment of Base Rent with which they are billed, or if billed separately, shall be due and expense, provide janitorial services for the Leased Premises. payable within twenty (b20) Except as otherwise set forth in this Lease, Landlord calendar days after such billing. Tenant shall not be liable in damages use any electrical equipment which may overload the wiring installations or otherwise for any failure electrical load capacity of the system or interruption interfere with the use of any utility electricity by Landlord or other service being furnished to tenants of the Leased Premises, and no such failure or interruption Building. Tenant shall entitle Tenant to not at any abatement of, set off or reduction in time submeter the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this LeasePremises without Landlord's prior written consent. Notwithstanding anything contained in this Lease herein to the contrary, if (i) an interruption in any and all events, Tenant shall be responsible to pay for all electricity consumed in the Premises during the Lease Term. If at any time during the Term the Premises are not separately metered, or curtailmentthe Tenant's electricity is not being provided by or through such separate metering, suspension whether temporarily, sporadically or stoppage of an Essential Service (as said term is hereinafter defined) permanently, Tenant shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues pay for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct electricity based on Landlord's reasonable estimate of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricity's usage.

Utilities. (a) Subject Landlord agrees to provide at its cost water, electricity, sewer, telephone and gas utility service connections into the Tenant’s obligations under Section 3.2 hereof, Landlord premises; but Tenant shall ensure the delivery of and pay the cost of for all utilities for the Building, including electricitywater, gas, hot heat, light, power, telephone, sewer, sprinkler charges and cold waterother utilities and services it uses on the premises, together with any taxes, penalties, surcharges or the like pertaining thereto and any maintenance charges for utilities and shall furnish all electric light bulbs and tubes. If any such services are not separately metered to Tenant, howeverTenant shall pay a reasonable proportion as determined by Landlord of all actual utility charges jointly metered with other premises. Landlord hereby grants Tenant the right to install a test meter to determine Tenant's actual usage of utilities from the premises. Should such test meter conflict with Landlord's reasonable proportion of utilities which are jointly metered, then Landlord shall be solely responsible readjust such utility charges of Tenant to reflect the test meter's reading and refund any amounts it overcharged Tenant for the installation and payment current lease year. Landlord shall in no event be liable for telephone, cable, internet (whether dial-up, DSL, cable modem any interruption or other service) and other failure of utility services installed for on the Leased Premises premises unless such is due to Landlord's, its agent's, employee's, contractor's or the occupants thereof; including, without limitation, fees and taxes thereoninvitee's intentional acts or negligence. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be 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 or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contraryHowever, if (i) an interruption the premises is rendered untenantable in whole or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same in part due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption or failure of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) services as a result of or arising from Landlord's, its agent's, employee's, contractor's or invitee's intentional acts or negligence and/or due to any entry into the premises by, through or under Landlord, its agents, employees, contractors or invites, for more than five (5) consecutive business days then, beginning with the sixth (6th) day Tenant's rent shall ▇▇▇▇▇ thereafter based upon the extent of and for the duration of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityuntenantability.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord Tenant shall ensure the delivery of and pay the cost of for all utilities for the Building, including electricityseparately metered water, gas, hot heat, light, telephone, telecommunication, sewer and cold watersprinkler 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 electric light bulbs and tubes. TenantIf any utilities serving the Premises are not separately metered, however, Tenant shall pay to Landlord its proportionate share of the cost thereof as reasonably determined by Landlord. Landlord shall in no event be liable for any damages directly or indirectly resulting from or arising out of the interruption or failure of utility services on the Premises. Tenant shall have no right to terminate this Lease nor shall Tenant be entitled to any abatement in Rent as a result of any such interruption or failure of utility services. No such interruption or failure of utility services shall be solely responsible for deemed to constitute a constructive eviction of Tenant. Notwithstanding the installation and payment for telephoneforegoing, cable, internet if any Essential Service (whether dial-up, DSL, cable modem as hereinafter defined) which Landlord is required to provide to the Premises pursuant to the terms of this Section is interrupted due to the negligence or other servicewillful misconduct of Landlord (a "Service Interruption") and other utility services installed such Service Interruption causes all or a material portion of the Premises to be untenantable (the "Affected Space") for a period of five (5) or more consecutive business days after written notice thereof from Tenant to Landlord (the Leased Premises or "Interruption Notice"), then, provided that Tenant shall have ceased operating in the occupants thereof; Affected Space, the Rent (including, without limitation, fees Base Rent and taxes thereon. Additional Rent) shall ▇▇▇▇▇ in the proportion that the rentable square footage of the Affected Space in which Tenant shall alsohave ceased to operate its business bears to the rentable square footage of the Premises, at its sole cost which abatement shall commence on the sixth (6th) business day following Landlord's receipt of the Interruption Notice and expenseexpire on the earlier of Tenant's recommencement of business operations in the Affected Space or the date that the Service Interruption is remedied. Notwithstanding the foregoing, provide janitorial services for in no event shall Tenant be entitled to abatement or any other remedy if the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility Essential Service is caused in whole or other service being furnished to in part by the Leased Premisesnegligence of Tenant, and no such failure its agents, employees, contractors, licensees or interruption invitees. Tenant agrees that, except as expressly set forth herein, the rental abatement described herein shall entitle Tenant to any abatement of, set off or reduction be Tenant's sole remedy in the amounts payable to Landlord hereunder event of a Service Interruption and Tenant hereby waives any other rights against Landlord, at law or otherwise entitle Tenant in equity, in connection therewith, including, without limitation, any right to terminate this Lease, to claim an actual or constructive eviction, or to bring an action for money damages. Notwithstanding anything contained the foregoing, in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of event that the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two a period of ninety (290) full business days after Landlord Landlord's receipt of the Interruption Notice and provided that Tenant shall have received ceased operating in the Affected Space, Tenant shall be entitled, as its sole and exclusive remedy, to terminate this Lease upon written notice thereof from Tenant, and to Landlord given within thirty (iii30) as a result days after the expiration of such Service Interruption, ninety (90) day period (but in any event prior to the conduct of Tenant’s normal operations in date that the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business daysis remedied). For purposes hereof; the term “of this Section, an "Essential Services” Service" shall mean the following services: heat or cooling service provided by the HVAC systems, plumbing and waste disposal systems and electrical systems (during the appropriate season), access to the Leased Premises, water extent supplied by Landlord). Nothing contained herein shall limit Tenant's right to abatement in the case of a fire or other casualty or condemnation as provided in the "Fire and sewer/septic service and electricityCasualty Damage" or "Condemnation" Sections of this Lease. 11.

Utilities. (a) Subject Commencing on the Commencement Date, and continuing throughout the Term, Tenant shall pay for utility services as follows without setoff, deduction, or counterclaim: (i) Tenant shall pay directly to the 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 obligations under submetered usage, (Landlord shall be responsible for any maintenance and replacement costs associated with such submeters; the costs of which may be included in Operating Expenses); and (iii) Tenant shall pay Landlord for Tenant’s Share of Project Utility Costs, as set forth in Section 3.2 5 above. “Project Utility Costs” means the total cost for all utilities serving the Project, excluding the costs of utilities that are directly metered or submetered to Building tenants or paid separately by such tenants. As of the date hereof, Landlord shall ensure the delivery of and pay the cost of all utilities to Landlord’s actual knowledge, but without prejudice to Landlord’s right to make modifications from time to time: ● Electric for the Buildinglights and plugs of the Premises is currently separately submetered, including electricity, gas, hot and cold waterelectric for HVAC serving the Premises is paid as part of Operating Expenses pursuant to Section 5. Tenant, however, shall be solely responsible for Notwithstanding anything to the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth contrary in this Lease, Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility have the right to install meters, submeters, or other service being furnished energy-reducing systems in the Premises at any time to measure any or all utilities serving the Leased Premises, and no 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 failure utilities separately as Additional Rent (payable within 30 days after receipt of an invoice therefor), or interruption include such utilities in amounts due as Project Expenses. Landlord shall entitle Tenant have the right to any abatement ofestimate the utility charge, set off or reduction in the amounts which estimated amount shall be payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage within 30 days after receipt of an Essential Service (as said term is hereinafter defined) invoice therefor and may be included along with the invoice for Project Expenses, provided Landlord shall occurbe required to reconcile on an annual basis based on utility invoices received for such period. The cost of utilities payable by Tenant under this Section shall include all applicable taxes and Landlord’s then-current reasonable charges for reading the applicable meters, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after provided Landlord shall have received the right to engage a third party to read the submeters, ​ ​ ​ and Tenant shall reimburse Landlord for both the utilities consumed as evidenced by the meters plus the costs for reading the meters within 30 days after receipt of an invoice therefor. Tenant shall pay such rates as Landlord may establish from time to time, which shall not be in excess of any applicable rates chargeable by Law, or in excess of the general service rate or other such rate that would apply to Tenant’s consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. If Tenant fails to pay timely any direct-metered utility charges from the applicable utility provider, and such failure continues uncured following fifteen (15) days written notice thereof from 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 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 (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access conditions applicable to the Leased Premisesservice, water equipment, wiring, and sewer/septic service and electricityrequirements of the utility supplying electricity to the Building.

Utilities. (a) Subject to Section 6.2 below, Subtenant shall be responsible for and shall promptly pay, directly to the Tenant’s obligations under Section 3.2 hereofappropriate supplier, Landlord for all water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, janitorial service, landscape maintenance, and all other utilities, materials and services furnished to Subtenant or the Premises or used by Subtenant in, on or about the Premises during the Term, together with any taxes thereon. If any such utilities or services are not separately metered or assessed to Subtenant or the Premises (and in that regard, Subtenant acknowledges and agrees that gas, electricity, heat, boilers, and other utility facilities located on the Master Premises that currently serve, and which are expected to continue to serve, both the Premises, Master Premises, and/or Adjacent Properties, are currently not separately metered), Sublandlord shall ensure the delivery make a determination of and pay Subtenant's Share of the cost of such utilities and services and Subtenant shall pay such amount, as an item of Additional Rent, within ten (10) days after receipt of Sublandlord's statement or invoice therefor. Alternatively, Sublandlord may elect to include such cost as part of Direct Expenses, in which event Subtenant shall pay Subtenant's Share of such costs in the manner set forth in Section 4.2 (subject to Section 6.2 below). Sublandlord shall have the right (but not the obligation), from time to time, to cause any or all utilities for to the BuildingPremises to be separately metered or submetered (or to install E-Mon D-Mon meters or similar utility usage measurement devices), and Subtenant shall cooperate fully with Sublandlord in connection therewith. If any lights, machines or equipment are used by Subtenant at the Premises which materially adversely affect any of the shared utility facilities described above, modifications to address such affect, and the cost thereof, including electricity, gas, hot the additional cost of increased operation and cold water. Tenant, howevermaintenance, shall be solely paid by Subtenant, as an item of Additional Rent, within ten (10) days after receipt of Sublandlord's statement or invoice therefor. Subtenant shall be responsible for obtaining, contracting for and maintaining its own monthly phone and data service to the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be 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 or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricity.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Leaseherein, Landlord shall not be liable required to furnish to Tenant any utility services of any kind, such as but not limited to water, sewer, hot water, heat, gas, electricity, light, telephone, cable TV or other utilities used, rendered, or supplied, upon or in damages connection with the Premises. Tenant shall obtain and contract directly with the respective utility provider or otherwise janitorial service and pay all charges for any utilities separately metered to the Premises or janitorial services separately contracted for the Premises. Tenant agrees that Landlord shall not be liable for directly contracted utility services not being supplied to the Premises. Tenant irrevocably appoints Landlord as Tenant’s attorney-in-fact solely for the purpose of terminating Tenant’s account with any provider of such utilities, if the Premises are abandoned by Tenant or if the Lease is terminated. Upon the date the Premises are delivered to Tenant, the HVAC units (described below), the roof, plumbing electrical and mechanical systems serving the Premises shall be in good working order, condition and repair. The HVAC units shall consist of individually zoned, roof-mounted heating/cooling units which shall provide an average of 5 tons of cooling per 2,000-2,500 square feet of office area. Tenant shall pay as Operating Expenses, Tenant’s Share of all utilities servicing the Premises on common meters with other tenants, including but not limited to water, sewer, hot water, heat, gas, electricity, light, telephone, cable TV. Tenant agrees that Landlord shall not be liable for failure or interruption of to supply any utility service during any period Landlord is unable to furnish such services and Landlord uses reasonable diligence to supply such services, it being understood that Landlord reserves the right to discontinue temporarily such services, or other service being furnished to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of them, at such times as may be necessary by reason of accident, unavailability of employees, repairs, alterations or improvements, or whenever by reason of strikes, lockouts, riots, acts of God or any other happening beyond control of Landlord. Landlord’s obligations to furnish services shall be conditioned upon the same due to any negligent or wrongful act or neglect availability of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after adequate sources. Landlord shall have received notice thereof from Tenantthe right to enter upon the Premises at all reasonable times in order to make such repairs, alterations and (iii) adjustments as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement necessary in order to comply with the provisions of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat any mandatory or cooling (during the appropriate season)voluntary fuel or energy saving or similar statute, access to the Leased Premises, water and sewer/septic service and electricityregulation or program.

Utilities. (a) Subject Tenant shall pay at its expense all electric, gas and water services to the Tenant’s obligations under Section 3.2 hereofPremises. Landlord, Landlord at its expense, shall ensure provide for separate meters or submeters for electricity, gas and water services, which shall be paid by Tenant directly to the delivery appropriate utilities providing such services. In order to prevent Tenant from overloading the electrical distribution facilities of and pay the cost of all utilities for the Building, including electricityTenant shall make no alterations or additions to the electrical equipment and/or appliances installed by Landlord as set forth on Exhibit B, gaswithout obtaining the prior written consent of Landlord in each such instance. Landlord shall not in any way be liable for or responsible to Tenant for any loss, hot and cold waterdamage or expense which Tenant may sustain or incur if either the quantity or character of the electrical service is changed or is no longer available or suitable for Tenant's requirements. If Tenant deems it necessary to install any riser or associated equipment to supply Tenant's electrical requirements, Landlord shall, upon written request by Tenant, howeverinstall such equipment, provided however the cost and expense of such equipment and installation thereof shall be solely responsible for borne by Tenant, and provided further that the installation of such additional equipment, in Landlord's sole judgment, is necessary and payment for telephonewill not cause or create a dangerous or hazardous condition, cableentail excessive or unreasonable alterations, internet (whether dial-uprepairs or expenses, DSL, cable modem or interfere with or disturb other service) and other utility services installed for tenants or occupants of the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereonBuilding. Tenant shall alsofurnish and install all lighting tubes, lamps, bulbs and ballasts required in the Premises at its sole cost and Tenant's expense, provide janitorial services or shall pay Landlord's reasonable charges therefor on demand. Landlord will furnish such water (except process or cleaning water) as in Landlord's judgment is reasonably necessary for the Leased use and occupancy of the Premises. (b) Except as otherwise set forth in this Lease, . It is agreed that the interruption or failure of any utility services shall not constitute an eviction or disturbance of Tenant's use and possession of the Premises or breach by Landlord of any of its obligations hereunder; that Landlord shall not by reason thereof be liable in damages or otherwise for any failure or interruption damages, and Tenant shall not thereby be relieved of any utility or other of its obligations hereunder. Landlord agrees that it shall in all instances exercise reasonable diligence and use its best efforts to restore any service being furnished to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there which shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityinterrupted.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereofa. TENANT shall pay all costs for utility services, Landlord shall ensure the delivery of and pay the cost of all utilities for the Building, including electricitywhich would include electric, gas, hot water, trash, phone and cold waterinternet 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. Tenant, however, Such payments by TENANT shall be solely responsible 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 the installation and payment operation of utilities, then TENANT shall bear all responsibility for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for restoration of TENANT’s own property in case of repairs by the Leased Premises LANDLORD or the occupants thereof; includingutility owner. b. The TENANT agrees to indemnify and hold LANDLORD harmless, without limitationin LANDLORD’S capacity as utility provider, fees for defects, failures, or reduced, diminished, or cessation of service furnished by LANDLORD or its suppliers, and taxes thereon. Tenant shall alsoLANDLORD further reserves the right to temporarily terminate the supply, at its sole or shutdown utilities to, from, or upon the leased Premises if reasonably necessitated for purposes of repairs, replacement, modifications, extensions, or threats to public health, welfare, and safety. c. If TENANT requires utilities beyond what is currently available, TENANT agrees to pay the full cost and expense, provide janitorial services for expense associated with the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be liable in damages or otherwise for any failure or interruption upgrade/extension/installation of any utility or other service being furnished all such utilities related to its use of the Leased Premises, and no to comply with all provisions for maintaining such failure utilities. d. The LANDLORD reserves for itself, and its utility providers, the right to upgrade, extend, install, maintain and repair all utilities and services on or across the Premises, whether or not such services or utilities are for the benefit of TENANT. The LANDLORD shall take all reasonable care and diligence to protect existing improvements and utilities, and shall avoid to the greatest extent possible, any unreasonable interference or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or TenantTENANT’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityoperations.

Utilities. (a) Subject to Commencing on the Tenant’s obligations under Section 3.2 hereofTerm Commencement Date, and continuing during the Term, Landlord shall ensure the delivery of and pay the cost of all utilities for the Building, including cause a third-party supplier to provide electricity, gaswater, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other sanitary sewer service being furnished to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage electrical utility charges to Tenant for the Leased Premises shall be sub-metered and determined on the basis of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agentsactual electrical usage for the Leased Premises and such charges shall be billed to Tenant on a monthly basis, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”)not exceeding the actual amount charged by the utility provider, and (ii) such Service Interruption continues Tenant shall be billed on a monthly basis for more than two (2) full business days after Tenant’s Share of water and sanitary sewer charges, but adjusted as reasonably determined by Landlord shall have received notice thereof from Tenantbased on the types and volume of use by other tenants of the Building, as estimated by Landlord in good faith, and (iii) Tenant shall pay, directly to the appropriate supplier, the cost of all telephone, refuse disposal and other services supplied to Tenant and/or the Leased Premises. Tenant covenants and agrees to pay to Landlord, within ten (10) days of receipt of each and every invoice, such electric and water charges, together with any and all sales or use taxes levied thereon. Landlord (a) shall not be liable for damages or otherwise should the furnishing of any utility services identified in romanettes (i) and (ii) above be interrupted, and (b) upon reasonable prior notice to Tenant, shall be permitted to temporarily interrupt the utility services identified in romanettes (i) and (ii) above for the making of necessary repairs or improvements to the Building or Leased Premises, as applicable, in the exercise of Landlord’s rights hereunder so long as Landlord agrees to utilize commercially reasonable efforts to minimize the duration of any such interruption and to cause such interruption to occur after Tenant’s normal business hours, provided, however, in the event that any interruption continues for more than three (3) consecutive business days, Rent shall be abated in an equitable and just proportion relative to the diminution in the use of the Leased Premises as a result of such Service Interruptioninterruption, provided further that if such interruption shall continue for more than sixty (60) consecutive days, then Tenant shall have the conduct right to terminate this Lease by written notice delivered to Landlord, provided such notice is delivered prior to the restoration of Tenant’s normal operations such utility. Notwithstanding anything herein to the contrary, Landlord and Tenant acknowledge and agree that the terms provisions and conditions of this Section 3.5A relating to the abatement of Rent or termination of the Lease due to an interruption in utilities to the Leased Premises are materially adversely affected, then there shall be not intended to apply in the event of an abatement interruption of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access services due to a casualty that is subject to the Leased Premises, water and sewer/septic service and electricityprovisions of Article 6 of this Lease.

Utilities. In connection with utility service to the Premises, all applications, deposits, installation charges and arrangement for the same (except those provided by Landlord) shall be the sole responsibility of Tenant. From and after the Lease Commencement Date, all utility charges shall be paid pursuant to the terms of the Lease. This Exhibit is attached to and made a part of that certain Lease Agreement dated as of January , 2012 (the “Lease”), by and between ▇▇▇▇▇ REIT – MULTI-STATE OWNER, LLC, a Delaware limited liability company (“Landlord”) and SAVIENT PHARMACEUTICALS, INC., a Delaware corporation (“Tenant”). The following rules and regulations have been formulated for the safety and well-being of all tenants of the Building. Strict adherence to these rules and regulations is necessary to guarantee that every tenant will enjoy a safe and undisturbed occupancy of its premises. Any violation of these rules and regulations by Tenant shall constitute a default by Tenant under the Lease. A. ALL TENANTS. The following rules shall be applicable to all tenants of the Building: 1. Tenant shall not obstruct or encumber or use for any purpose other than ingress and egress to and from the Premises any sidewalk, entrance, passage, court, elevator, vestibule, stairway, corridor, hall or other part of the Building not exclusively occupied by Tenant. No bottles, parcels or other articles shall be placed, kept or displayed on window ledges, in windows or in corridors, stairways or other public parts of the Building. Tenant shall not place any showcase, mat or other article outside the Premises. Nothing may be placed on or about balcony areas, if any, of the Building without Landlord’s prior written approval. Tenant shall keep all portions of the Premises which are visible from the Building’s central atrium (if any) in a tasteful, neat and orderly condition characteristic of first-class professional offices, so as not to be offensive to other tenants of the Building. No desks, bookcases, file cabinets and other furniture shall be placed against the glass surrounding the Building’s central atrium (if any). 2. Landlord shall have the right to control and operate the public portions of the Building and the facilities furnished for common use of the tenants, in such manner as Landlord deems best for the benefit of the tenants generally. Tenant shall not permit the visit to the Premises of persons in such numbers or under such conditions as to interfere with the use and enjoyment of the entrances, corridors, elevators and other public portions or facilities of the Building by other tenants. Tenant shall coordinate in advance with Landlord’s property management department all heavy or bulky deliveries to the Building so that arrangements can be made to minimize such interference. Tenant shall not permit its employees and invitees to congregate in the elevator lobbies or corridors of the Building. Canvassing, soliciting and peddling in the Building are prohibited, and Tenant shall cooperate to prevent the same. Public corridor doors, when not in use, shall be kept closed. Nothing, including mats and trash, shall be placed, swept or thrown into the corridors, halls, elevator shafts, stairways or other public or Common Areas. 3. Tenant shall not attach, hang or use in connection with any window or door of the Premises any drape, blind, shade or screen, without Landlord’s prior written consent. All awnings, drapes projections, curtains, blinds, shades, screens and other fixtures shall be of a quality, type, design and color, and shall be attached in a manner, approved in writing by Landlord. Any Tenant-supplied window treatments shall be installed behind Landlord’s standard window treatments so that Landlord’s standard window treatments will be what is visible to persons outside the Building. Drapes (whether installed by Landlord or Tenant) which are visible from the exterior of the Building shall be cleaned by Tenant at least once a year, without notice from Landlord, at Tenant’s own expense. 4. Tenant shall not use the water fountains, water and wash closets, and plumbing and other fixtures for any purpose other than those for which they were constructed, and Tenant shall not place any debris, rubbish, rag or other substance therein (including coffee grounds). All damages from misuse of fixtures shall be borne by the tenant causing same. 5. Tenant shall not construct, maintain, use or operate within the Premises any electrical device, wiring or apparatus in connection with a loudspeaker system (other than an ordinary telephone and paging system) or other sound system, in connection with any excessively bright, changing, flashing, flickering or moving light or lighting device, or in connection with any similar device or system, without Landlord’s prior written consent. Tenant shall not construct, maintain, use or operate any such device or system outside of its Premises or within such Premises so that the same can be heard or seen from outside the Premises. No flashing, neon or search lights shall be used which can be seen outside the Premises. Only warm white lamps may be used in any fixture that may be visible from outside the Building or Premises. Tenant shall not maintain, use or operate within the Premises any space heater. 6. Tenant shall not bring any bicycle, vehicle, animal, bird or pet of any kind into the Building, except seeing-eye or hearing-ear dogs for handicapped persons visiting the Premises. Except while loading and unloading vehicles, there shall be no parking of vehicles or other obstructions placed in the loading dock area. 7. Except as specifically provided to the contrary in the Lease, Tenant shall not ▇▇▇▇ or permit any cooking on the Premises, except for microwave cooking and use of coffee machines by Tenant’s employees for their own consumption. Tenant shall not cause or permit any unusual or objectionable odor to be produced upon or emanate from the Premises. 8. Tenant shall not make any unseemly or disturbing noise or disturb or interfere with occupants of the Building, whether by the use of any musical instrument, radio, talking machine or in any other way. 9. Tenant shall not place on any floor a load exceeding the floor load per square foot which such floor was designed to carry. Landlord shall have the right to prescribe the weight, position and manner of installation of safes and other heavy equipment and fixtures. Landlord shall have the right to repair at Tenant’s expense any damage to the Premises or the Building caused by Tenant’s moving property into or out of the Premises or due to the same being in or upon the Premises or to require Tenant to do the same. Tenant shall not receive into the Building or carry in the elevators any safes, freight, furniture, equipment or bulky item except as approved by Landlord, and any such furniture, equipment and bulky item shall be delivered only through the designated delivery entrance of the Building and the designated freight elevator at designated times. Tenant shall remove promptly from any sidewalk adjacent to the Building any furniture, furnishing, equipment or other material there delivered or deposited for Tenant. Landlord reserves the right to inspect all freight to be brought into the Building, except for government classified and confidential client materials, and to exclude from the Building all freight which violates any of these rules or the Lease. 10. Tenant shall not place additional locks or bolts of any kind on any of the doors or windows, and shall not make any change in any existing lock or locking mechanism therein, without Landlord’s prior written approval. At all times Tenant shall provide Landlord with a “master” key for all locks on all doors and windows. Tenant shall keep doors leading to a corridor or main hall closed at all times except as such doors may be used for ingress or egress and shall lock such doors during all times the Premises are unattended. Tenant shall, upon the termination of its tenancy: (a) Subject restore to Landlord all keys and security cards to stores, offices, storage rooms, toilet rooms, the Building and the Premises which were either furnished to, or otherwise procured by, Tenant’s obligations under Section 3.2 hereof, Landlord and in the event of the loss of any keys so furnished, Tenant shall ensure the delivery of and pay the replacement cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, inform Landlord shall not be liable in damages or otherwise for any failure or interruption of the combination of any utility or other service being furnished to the Leased Premiseslock, safe and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction vault in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this LeasePremises. Notwithstanding anything contained At Landlord’s request, Landlord’s then customary charge per key shall be paid for all keys in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage excess of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after of each type. Tenant’s key system shall be consistent with that for the rest of the Building. 11. Except as shown in the Final Construction Drawings, Tenant shall not install or operate in the Premises any electrically operated equipment or machinery (other than standard servers, desk-top office equipment, including desk-top computers and copiers, typewriters, facsimile machines, printers or other similar equipment used in connection with standard office operations) without obtaining the prior written consent of Landlord. Landlord may condition such consent upon Tenant’s payment of additional rent in compensation for the excess consumption of electricity or other utilities and for the cost of any additional wiring or apparatus that may be occasioned by the operation of such equipment or machinery. Landlord shall have received notice thereof the right at any time and from Tenanttime to time to designate the electric service providers for the Building. Tenant shall cooperate with Landlord and such service providers and shall allow, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season)reasonably necessary, access to the Leased Building’s electric lines, feeders, risers, wiring and any other Building machinery. Tenant shall not install any equipment of any type or nature that will or may necessitate any changes, replacements or additions to, or changes in the use of, the water system, heating system, plumbing system, air-conditioning system or electrical system of the Premises or the Building, without obtaining Landlord’s prior written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretion. If any machine or equipment of Tenant causes noise or vibration that may be transmitted to such a degree as to be objectionable to Landlord or any tenant in the Building, then Landlord shall have the right to install at Tenant’s expense vibration eliminators or other devices sufficient to reduce such noise and vibration to a level satisfactory to Landlord or to require Tenant to do the same. 12. All telephone and telecommunications services desired by Tenant shall be ordered by and utilized at the sole expense of Tenant. Unless Landlord otherwise requests or consents in writing, all of Tenant’s telecommunications equipment shall be and remain solely in the Premises and the telephone closet(s) designated by Landlord. Landlord shall have no responsibility for the maintenance of Tenant’s telecommunications equipment (including wiring) nor for any wiring or other infrastructure to which Tenant’s telecommunications equipment may be connected. Landlord shall have the right, upon reasonable prior notice to Tenant (except in the event of an emergency), to interrupt telecommunications facilities as necessary in connection with any repairs or with installation of other telecommunications equipment. Subject to the provisions of the Lease, Tenant shall not utilize any wireless communications equipment (other than usual and customary cellular telephones), including antennae and satellite receiver dishes, at the Premises or the Building, without Landlord’s prior written consent, which may be granted or withheld in Landlord’s sole and absolute discretion. 13. No telephone, telecommunications or other similar provider whose equipment is not then servicing the Building shall be permitted to install its lines or other equipment within or about the Building without first securing the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord’s approval shall not be deemed any kind of warranty or representation by Landlord, including any warranty or representation as to the suitability, competence, or financial strength of the provider. Without limitation of the foregoing standards, as specific conditions of any consent: (i) Landlord shall incur no expense whatsoever with respect to any aspect of the provider’s provision of its services (including the costs of installation, materials and services); (ii) prior to commencement of any work in or about the Building by the provider, the provider shall supply Landlord with such written indemnities, insurance, financial statements, and such other items as Landlord reasonably determines and Landlord shall have reasonably determined that there is sufficient space in the Building for the placement of the necessary equipment and materials; (iii) the provider agrees to abide by such rules and regulations, building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary; (iv) the provider shall agree to use existing building conduits and pipes or use building contractors (or other contractors approved by Landlord); (v) the provider shall pay Landlord such compensation as is reasonably determined by Landlord to compensate it for space used in the building for the storage and maintenance of the provider’s equipment, the fair market value of a provider’s access to the Building, and the costs which may reasonably be expected to be incurred by Landlord; (vi) the provider shall agree to deliver to Landlord detailed “as built” plans immediately after the installation of the provider’s equipment is complete; and (vii) all of the foregoing matters shall be documented in a written agreement between Landlord and the provider on Landlord’s standard form and otherwise reasonably satisfactory to Landlord. 14. Landlord reserves the right to exclude from the Building at all times any person who does not properly identify himself to the Building management or attendant on duty. Landlord shall have the right to exclude any undesirable or disorderly persons from the Building at any time. Landlord may require all persons admitted to or leaving the Building to show satisfactory identification and to sign a register. Tenant shall be responsible for all persons for whom it authorizes entry into the Building and shall be liable to Landlord for all acts of such persons. Landlord has the right to evacuate the Building in the event of emergency or catastrophe or for the purpose of holding a reasonable number of fire drills. 15. Tenant shall not permit or encourage any loitering in or about the Premises and shall not use or permit the use of the Premises for lodging, dwelling or sleeping. 16. Tenant, before closing and leaving the Premises at the end of each business day, shall see that all lights and equipment are turned off, including coffee machines. 17. Tenant shall not request Landlord’s employees to perform any work or do anything outside of such employees’ regular duties without Landlord’s prior written consent. Tenant’s special requirements will be attended to only upon application to Landlord, and any such special requirements shall be billed to Tenant in accordance with the schedule of charges maintained by Landlord from time to time or as is agreed upon in writing in advance by Landlord and Tenant. Tenant shall not employ any of Landlord’s employees for any purpose whatsoever without Landlord’s prior written consent. Tenant shall notify Landlord or the Building manager of any person employed by it to do janitorial work within the Premises, water except for full-time employees of Tenant, prior to such person’s commencing work, and sewer/septic service such person shall, while in the Building and electricityoutside of the Premises, comply with all instructions issued by Landlord or its representatives. 18. There shall not be used in any space, or in the public halls of the Building, either by any tenant or by jobbers or others in the delivery or receipt of merchandise, any hand trucks, except those equipped with rubber tires and side guards. Tenant shall be responsible for any loss or damage resulting from any deliveries made by or for Tenant. 19. Tenant shall not install or permit the installation of any wiring for any purpose on the exterior of the Premises. Landlord will direct electricia

Utilities. As long as Tenant is not in default under this lease, Landlord, during the hours of 8:00 A.M. to 6:00 P.M. on weekdays and on Saturdays from 8:00 A.M. to 1:00 P.M. (a“Working Hours”), excluding legal holidays, shall furnish the Demised Premises with heat and air-conditioning in the respective seasons (in accordance with the specifications set forth in Schedule “B” annexed hereto), and provide the Demised Premises with electricity for lighting and usual office equipment, as set forth in Schedule “B”. Throughout the Term, Tenant shall pay to Landlord, as additional rent, the sum of $2,852.25 per month for NORMAL SERVICE (as defined in Schedule “B” annexed hereto and subject to escalation in accordance with the terms thereof); such amount to be paid in advance on the first day of each month, except that Tenant shall pay the first monthly installment thereof upon execution of this lease. At any hours other than the aforementioned, such services will be provided at Tenant’s expense in accordance with Schedule “B”. If any portion of Tenant’s electrical consumption is measured by an electrical submeter(s), whether in connection with a supplemental cooling system or otherwise, then Tenant shall also pay to Landlord, as additional rent within thirty (30) Subject days following demand, Landlord’s reasonable charges for such electrical consumption. Further, Landlord hereby agrees that Tenant may submeter the electrical service for the panel that provides power for Tenant’s compressors, dryers, filters and auxiliary equipment. In such case, the AHU equipment in such panel shall be relocated by Tenant to another panel so that the panel to be submetered will be segregated from all other equipment and/or loads in the Building. All work relating to the foregoing shall be performed by Tenant, at Tenant’s obligations under Section 3.2 hereofsole cost and expense, Landlord shall ensure the delivery and otherwise in strict accordance with all other provisions of and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; this Lease including, without limitation, fees and taxes thereonthe provisions of Paragraph 45 hereof. Tenant shall alsoalso pay to Landlord, as additional rent within thirty (30) days following demand, Landlord’s charges (at its sole cost and expense, provide janitorial services cost) for the Leased Premiseselectrical consumption as measured by such submeter. (b) Except as otherwise set forth in this Lease, Landlord shall not be 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 or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricity.

Utilities. Owner shall have the option to have: (ai) Subject Tenant pay promptly all charges for heating, natural gas and electrical service used on the Premises directly to the Tenant’s obligations under Section 3.2 hereofappropriate public utility company. If Tenant shall fail to pay any utilities as required above, Landlord Owner shall ensure have the delivery right, at his option, but without any obligation to do so, to pay such utilities (without affecting any other remedy available to Owner) on account of Tenant and the same shall constitute Additional Rent hereunder and shall be repaid by Tenant to Owner forthwith; or (ii) Tenant pay all charges for heating, natural gas and electrical service used on the cost of Premises as Additional Rent pursuant to Rider I. Owner shall make an election pursuant to this paragraph from time to time, by 30 day notice to ▇▇▇▇▇▇. Owner may elect to have certain utilities paid pursuant to (i) above and to have other utilities paid pursuant to (ii) above. If Owner makes no written election, then all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, that are separately metered shall be solely responsible for paid pursuant to (i) above and all items that are not separately metered shall be paid pursuant to (ii) above. Notwithstanding the installation above, Tenant covenants and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for agrees that at all times its use of electric current shall never exceed the Leased Premises capacity of the existing feeders to the Building or the occupants thereof; including, without limitation, fees and taxes thereonrisers or wiring installations. Tenant shall also, Any risers or wiring to meet Tenant's excess electrical requirements will be installed by Owner at its the sole cost and expenseexpense of Tenant (if, provide janitorial services for in Owner's sole judgment, the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall same are necessary and will not be liable in damages cause permanent damage or otherwise for any failure or interruption of any utility or other service being furnished injury to the Leased PremisesBuilding or the Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, and no such failure repairs or interruption shall entitle expense or interfere with or disturb other tenants or occupants). If initially Tenant is paying all or any public utilities pursuant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) above, Owner may at its option, upon not less than 30 days prior written notice to Tenant discontinue the availability of such Service Interruption continues utility service. If Owner gives any such notice of discontinuance, Owner shall make all necessary arrangements with the public utility supplying the utilities to the area in which the Building is located with respect to obtaining such utility service to the Premises, but Tenant will contract directly with such public utility for more than two (2) full business days after Landlord shall have received notice thereof from Tenantthe supplying of such utility service to the Premises. In the event Owner deems it appropriate to make available separately metered service to the Premises, Owner may require that separate submeters be installed in or for the Premises, at Owner's expense, and (iii) as Tenant will be billed monthly from such sub-meter in a result manner provided hereinbefore, provided that no such sub-metering shall relieve Tenant from its obligation to pay Tenant's share of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityother utility charges under this paragraph.

Utilities. Tenant shall timely pay the cost (aincluding related taxes and charges) Subject of all utility services (including without limitation water, gas, propane, diesel, electricity, sewer, waste, telecommunications and data) used on or provided to the Premises and Tenant’s Share of the cost of such utility services used on or provided to the Common Areas, which if not charged directly to Tenant or paid by Tenant will be included in Operating Expenses. Tenant shall obtain utility services for the Premises in Tenant’s own name and timely pay for the costs therefor directly to the respective utility provider, except to the extent Landlord elects to obtain any such utility service in Landlord’s own name and charge to Tenant directly. Notwithstanding the foregoing, Tenant may select its own telecommunications or data service and will pay the cost therefor, and Landlord will not be responsible for providing any such service connections to the Building. Landlord can procure utility services for multiple tenants and charge to them based on Landlord’s reasonable estimates of usage or square footage leased. Landlord may elect to install one or more sub-meters for one or more premises (which, if installed at the Premises, shall be at Tenant’s expense) in which event Landlord will bill each tenant whose premises is sub- metered according to that tenant’s actual usage. Landlord shall not be responsible or liable for any interruption in utilities or services, or for any injury to property caused thereby, nor shall such interruption affect the continuation or validity of this Lease, constitute an eviction, give rise to an abatement or relieve Tenant from full performance of Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be 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 or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained the foregoing, in this Lease the event that any interruption or discontinuance of utilities which was caused by the gross negligence or willful misconduct of Landlord or its employees continues beyond 5 consecutive business days and materially and adversely affects Tenant's ability to conduct business in the Premises, and on account of such interruption or discontinuance, Tenant ceases doing business in the Premises (or a material portion thereof), Rent shall ▇▇▇▇▇ thereafter (as to the contraryPremises or as to such material portion thereof, if (ias the case may be) an and for the duration of such interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after discontinuance. Landlord shall have received notice thereof from Tenantthe exclusive right to select, and (iii) as a result of such Service Interruptionto change, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which companies providing such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat utilities or cooling (during the appropriate season), access services to the Leased Project, Building or the Premises. Upon written request no more often than once a quarter, water Tenant shall provide to Landlord reasonable utility consumption data and sewer/septic other related information (or, at Landlord’s option, execute and deliver to Landlord an instrument enabling Landlord to obtain the same from the applicable provider). Tenant shall cooperate with Landlord to conduct ASHRAE energy audits of the Building and Project. Tenant will follow service and electricitycontract as provided in Exhibit “E”.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord Tenant shall ensure the delivery of arrange and pay for the cost of all utilities for the Buildingwater, including electricitysewer use, sewer discharge fees and permit costs and sewer connection fees, gas, hot and cold water. Tenantheat, howeverelectricity, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dialrefuse pick-up, DSLjanitorial service, cable modem telephone and other telecommunications and all materials and services or other serviceUtilities (collectively, “Utilities”) applicable to the Leased Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Without limiting the generality of the foregoing, Utilities shall include HVAC and server room air conditioning and ventilation. Tenant shall arrange to be separately billed by the provider of such Utilities, provided that to the extent that any such costs, fees and taxes are not separately billed to Tenant, Tenant shall pay the amount thereof as invoiced to Tenant by Landlord, within ten (10) days after receipt of an invoice therefor. Tenant acknowledges that the Leased Premises, the Building and/or the Project 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 utility similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Leased Premises, the Building and/or the Project, 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 agrees to comply with energy conservation programs implemented by Landlord by reason of rationing, restrictions or Laws. (b) Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance required to be made or performed by Landlord hereunder, unless such failure has continued for an unreasonable period of time after Landlord has received written notice of the need for such repairs or maintenance. No temporary interruption or failure of such services installed 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 hereunder. In no event shall Landlord be liable to Tenant for any damage to the Leased Premises or the occupants thereof; for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, fees and taxes thereon. Tenant shall alsowater, at its sole cost and expensesteam, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Leaseand/or refrigerant lines), Landlord shall not be liable in damages sprinklers, tanks, drains, drinking fountains or otherwise for any failure or interruption of any utility washstands, or other service being furnished to similar cause in, above, upon or about the Leased Premises, and no such failure the Building, or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityProject.

Utilities. (aUtilities and services will be paid by the party indicated on the following chart* Lessor Lessee City Electricity Heating Oil Water Sewerage Trash Removal Yard Maintenance Snow Removal *”Snow removal” means plowing of driveway or parking lot only. Lessee(s) Subject responsible for shoveling, sanding and/or salting steps and walk(s), Lessor will supply sand and salt upon request *Given the trend toward the use of cellphones to replace landline telephones, land lines are no longer included in rent. There may be an existing one already in your unit, but if not, you may have one installed, or any repairs to the Tenant’s obligations under Section 3.2 hereofexisting one done, Landlord shall ensure the delivery of and pay the cost of all utilities for the Building, including at your cost. *If Lessor supplies electricity, gasthere is a limit of $ per month in usage. Any overage in electric ▇▇▇▇ will be reimbursed by Lessee by next rent payment due date. *Maine Statute §6021. Implied warranty and covenant of habitability, hot dictates that if heat is supplied and included in the price of rent, that heat must meet certain standards set forth therein. If this Lease Agreement is for residence in a building in which heat can sometimes fall below 68 degrees, during unusually cold waterperiods of time, a separate heating addendum has been included, allowing heat to fall to as low as 64 degrees, for which a reduction of rent of $ per month is provided. Tenant, however, This Lease agreement degrees for residence in a building in which heat can sometimes fall below 68 *If electricity is Lessee’s responsibility (Which is the case if there is a checkmark under “Lessee” on the electricity line above) then parties agree that it shall be solely the Lessee’s (tenant’s) responsibility to put electricity into tenants’ own name no later than the start date of this lease as well as pay all costs associated with the switchover. Failure to do so timely, or permitting the utility to revert to Lessor’s (landlord’s) name at any time during the pendency of this lease shall be considered a material breach of the lease (see section 20) & can result in a 7 day termination of lease as well as additional fees. *If LESSOR is responsible for heating oil, whenever the installation price of oil as advertised on the ▇▇▇▇▇.▇▇▇ website exceeds $3.50 per gallon, rent will increase $10 per month for efficiency and payment 1 BR units and $15 per month for telephone2-3 bedroom units. This increase will take effect 45 days from the time the increase occurs, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereonwith at least 45 day notice to lessee. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other service being furnished Rent will revert to the Leased Premisesoriginal amount when the price remains at or below $3.50 per gallon for 2 consecutive months, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of using the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), 45 day notice and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityeffective date.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of LANDLORD will supply and pay for the cost following utilities / services: Trash Cable Internet ▇▇▇▇▇▇ agrees to use utilities in a careful and conservative manner. TENANT shall be responsible for arranging the “hook –up” of all other utilities for the BuildingUNIT (not listed above) as required, and for the prompt payment for all utilities including (but not limited to): water, waste water, electricity, gas, hot and cold waterphone servicing and attributable to the UNIT. TenantIn the event that any utility is not under TENANT’S name and is billed to the LANLORD, howeverTENANT 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 be solely responsible reimburse LANDLORD one hundred percent (100%) of the 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 installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereonUNIT. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased PremisesInternet service will be provided by LANDLORD in each bedroom through an arrangement with an outsourced service provider. (bd) Except as otherwise set forth in this Lease, Landlord shall not be 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 or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased PremisesThe gas, water and sewer/septic sewer service shall be allocated according to the total number of TENANTS engaged in LEASE contracts at the PROPERTY and electricitycharged to each TENANT individually. The formula for “TENANT’S SHARE” of the monthly utility charge shall be the total amount of chargeable utilities servicing all of the units in the 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 service provider and billed to the UNIT. TENANT will be responsible for payment directly to the service provider. If TENANT desires additional cable channels, they will be at TENANT’S expense and TENANT must contact the appropriate utility service provider.

Utilities. (a) Subject Provided the Tenant shall not be in default hereunder, and subject to any contrary provisions of this Lease and to the Tenant’s obligations under Section 3.2 hereofrules and regulations of the Building, Landlord agrees to furnish to the Premises (i) heat and air conditioning from 7:00 A.M. to 6:00 P.M. on weekdays and 8:00 A.M. to 1:00 P.M. on Saturdays, exclusive of legal holidays, (ii) continuous water and electricity service reasonably suitable for the intended use of the Premises, (iii) janitorial services after 6:00 P.M. on weekdays exclusive of legal holidays, and (iv) continuous elevator service which shall ensure mean service by unattended automatic elevators. Landlord may provide additional or after-hours heating or air-conditioning on such terms as Landlord may establish from time to time. Landlord shall base such charge on Landlord's actual costs of providing such service (inclusive of wear and tear on the delivery HVAC system) without profit to Landlord. Tenant shall be responsible for providing HVAC service to Tenant's computer rooms, and Landlord may separately meter electrical draw of such computer room HVAC usage, in which case Tenant shall pay to Landlord such metered charge with the next payment of Rent. Tenant agrees to use reasonable efforts to keep and pay cause to be kept closed all window coverings when necessary because of sun's position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating, and air-conditioning system. Wherever heat-generating machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the air-conditioning system, Landlord reserves the right after thirty (30) days' notice to Tenant and opportunity to cure (except in cases of emergency or threatened damage to Building systems) to install supplementary air-conditioning units in the Premises, and the cost thereof, including the cost of all utilities for installation and the Building, including electricity, gas, hot cost of operation and cold water. Tenant, howevermaintenance thereof, shall be solely responsible for the installation paid by Tenant to Landlord upon demand by Landlord. Any sums payable under this Article 15 shall be considered Additional Rent and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not may be liable in damages or otherwise for added to any failure or interruption installment of any utility or other service being furnished to the Leased PremisesBase Rent thereafter becoming due, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as the same remedies for a result default in payment of such Service Interruption, the conduct of Tenant’s normal operations sum as for a default in the Leased Premises are materially adversely affected, then there shall be an abatement payment of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityRent.

Utilities. The parties acknowledge that as of the Commencement Date, the utilities serving all or a portion of the Premises and some of the improvements located thereon, being electricity, water, and septic system (athe “Utilities”) Subject are interconnected to Landlord’s utility infrastructure at the Refinery. The provisions of this Article 5 shall be subject to the terms of that certain Amended and Restated Operational Services Agreement dated as of the date hereof by and among Tesoro Corporation, Tesoro Companies, Inc., Landlord, Tesoro Alaska Company, Tesoro Logistics GP, LLC, Tesoro Logistics LP and Tenant, as amended, restated, modified or supplemented from time to time (the “Operational Services Agreement”), and for so long as the Operational Services Agreement is in effect between the parties, the provisions of that agreement shall control in the event that its terms and the terms of this Article 5 are inconsistent with one another. In the event that the Operational Services Agreement is no longer in effect, the terms of this Article 5 shall control. The parties agree that the Premises shall be separately metered for electricity as soon as reasonably practicable following the Commencement Date hereof. All costs required to effectuate such separate metering shall be borne equally by Landlord and Tenant. The parties shall cooperate with each other in all reasonable respects in connection therewith. Thereafter Tenant shall pay all charges for electricity serving the Premises directly to the Utility provider. Until such time as electricity is separately metered to the Premises, electricity to the Premises shall continue to be interconnected to Landlord’s utility infrastructure, and shall be provided to Tenant and paid for in the same manner and subject to the same conditions as all other Utilities are provided to Tenant. With regard to electricity until it is separately metered and with regard to all other Utilities, Tenant shall pay Landlord for Tenant’s obligations under Section 3.2 hereofusage 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 ensure 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 delivery Premises may be discharged therein, (iii) Tenant shall comply with all applicable laws, rules and regulations regarding the use thereof and the discharge of substances therein, and pay (iv) the cost daily volume of all utilities for oily water discharged therein may not materially exceed the Building, including electricity, gas, hot and cold watervolume of the typical daily discharge therein resulting from Landlord’s operation of the Refinery prior to the Commencement Date. Tenant, however, Landlord shall be solely responsible for have no obligation to provide telephone service to the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem Premises or other service) and any other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except service of any kind except as otherwise set forth in this Lease, paragraph. Landlord shall not in no event be liable in damages or otherwise responsible for any failure cessation or interruption of in, or damage caused by, any utility or other service being furnished services provided to the Leased Premises, and no such failure whether by Landlord or otherwise, unless the cessation or interruption shall entitle Tenant to any abatement of, set off results from Landlord’s intentional misconduct or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricitygross negligence.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery Each Tenant will pay equal portion of and pay all utility charges. For those utilities the cost of which is the Tenant's responsibility, the Tenant will promptly pay all utilities charges for their use or consumption at the BuildingPremises, including electricitytogether with all taxes, gaslevies or other charges on such utilities. If Tenant shall fail to promptly pay, hot when due, any such charges, taxes or levies, the Landlord at its option may pay same or Tenant's account. In such case, Tenant shall immediately (within 7 days), as additional rent reimburse Landlord therefore with interest. TENANTS will have electricity and cold watergas if applicable, placed in Tenant's name within 48 HOURS OF START OF LEASE. TenantWater/Sewer bills will be sent to Tenant and paid in the same manner as rent by the DUE DATE. Should "Late Notice" be received by Landlord, however, a penalty of $10.00 shall be solely responsible assessed Tenants. Houses equipped with private septic and well water will be assessed a flat charge of One Hundred Twenty-Five Dollars ($125.00) per quarter for water and sewer usage. If metering is available on houses equipped with well water, water/sewer may be billed at the installation appropriate city/county rates based on metered readings. Toilet paper and human waste shall be the only items disposed into private septic systems. Damage and repairs to septic systems due to the disposal of items beyond the scope above will be at the tenant’s expense. The Landlord at his option may pay the ▇▇▇▇ and all fees in arrears and this amount paid shall be additional rent due from the Tenant to the Landlord, immediately upon the Landlord's payment. In such case, the Landlord shall have the right to file summary ejectment for non-payment of rent in the Rent Court Division of the District Court of Maryland AND THE TENANT SHALL BE SUBJECT TO EVICTION FOR NON-PAYMENT OF WATER AND SEWER CHARGE, IN THE SAME MANNER OF ALL OTHER RENT. If the Premises are oil heated, Tenant agrees to buy heating oil for telephoneheat and not to use lower grade heating oil which may clog the feed lines, cableburner or furnace. Tenant also agrees to automatic fill-up oil agreement with chosen oil company and will submit documentation of that agreement to Landlord with ONE MONTH of occupancy. Tenant agrees to pay as additional rent the cost of priming the burner if the tank runs dry and the cost of repairs due to the use of lower grade heating oil by Tenant. Initial by Tenant(s): Tenant agrees to keep the Premises heated to a minimum temperature of 60*F during cold weather by using the heating equipment on or at the Premises and not by using the stove, internet (whether dial-upother appliances, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereonkerosene space heaters. Tenant shall also, at its sole cost and expense, provide janitorial services reimburse Landlord for all costs incurred by Landlord in repairing or replacing frozen pipes serving Premises if such freezing is the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be liable in damages or otherwise for any failure or interruption fault of any utility or other service being furnished to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service InterruptionTenant's family, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affectedemployees, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat agents or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityguest.

Utilities. The Landlord and the Tenant acknowledge and agree that the consumption of electricity on each floor of the Building is measured by a separate meter. The Tenant shall contract with the responsible utility company for electric current in respect of the second floor of the Building. On or before the date such payments are due, the Tenant shall pay such utility company the entire cost of metered electric current in respect of the second floor of the Building. The Tenant shall also pay to the Landlord, upon demand and as Additional Rent, one-half of the cost of electricity in respect of exterior lighting at the Property and common areas within the Building, as measured by a separate meter (a) Subject the “Common Electricity Costs”). The Landlord may from time to time estimate the annual amount of the Tenant’s obligations under Section 3.2 hereofshare of the Common Electricity Costs, whereupon the Tenant shall pay the Landlord monthly with the Tenant’s payment of Basic Rent, as Additional Rent, 1/12 of such annual amount. No later than April 30 of each year, the Landlord shall ensure notify the delivery Tenant of and any overpayments or underpayments made by the Tenant in respect of Common Electricity Costs for the prior calendar year. If the Tenant has made an underpayment, the Tenant shall pay the cost underpaid amount to the Landlord within thirty (30) days of all utilities receiving said notice. If the Tenant has made an overpayment, the Landlord shall credit the Tenant the amount of such overpayment against future Basic Rent due under this Lease. The Tenant shall also pay, as Additional Rent, for water beyond normal office usage, telephone service, overtime and special services as set forth below, which amounts the BuildingLandlord shall reasonably determine. The Landlord shall provide to the Premises heat, including electricityair conditioning, gasand ventilation, hot and cold wateron an appropriate seasonal basis. TenantIn no event, however, shall the Landlord be solely responsible required to provide heat, air conditioning, or ventilation to the Premises if any action of the Tenant, Act of God, or other unforeseen circumstances makes it impossible for the installation Landlord reasonably to do so. The Landlord shall provide customary cleaning and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) rubbish removal service to the Premises on each business day and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial customary dumpster services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be 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 or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if ; provided that (i) an interruption or curtailmentthe Landlord may, suspension or stoppage if it deems it necessary, prescribe binding reasonable rules to facilitate the orderly provision of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), these services; and (ii) the Landlord’s duty shall be conclusively deemed relieved and discharged to the extent that any action by the Tenant, Act of God, or other reasonably unforeseen circumstances makes it impossible for the Landlord reasonably to provide these cleaning and rubbish removal services. In the event any of such Service Interruption continues services are interrupted for more any reason other than two (2) full business days after an action of the Tenant, the Landlord shall have received notice thereof from Tenant, and (iii) use all commercially reasonable efforts to restore such services as a result of such Service Interruption, soon as the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricitycausal circumstances ▇▇▇▇▇.

Utilities. Lessor shall provide and maintain (abut not pay for the use of) Subject those utility services (excluding telephone and data cabling) running to the Tenant’s obligations under Section 3.2 hereofPremises in the same manner and capacity as of the Commencement Date. Lessee shall pay for its use of all utilities, Landlord (excluding its use of water except as may be hereinafter provided) including utilities required to produce heat and air conditioning, as they become due and payable. If Lessee installs equipment which is connected to the Building's water utility, by a water-plumbing hook-up, then Lessor shall ensure have the delivery right to install a separate water meter or submeter to measure such usage, and Lessee shall pay for the water usage measured by the same. Lessor shall maintain, repair and replace as necessary the hot water heater servicing the Lessee's Premises in its present capacity, and Lessee shall pay for the utilities required to operate the same. Lessor shall provide water to the Premises, subject to its right to install a separate meter or submeter as aforesaid. The parties acknowledge that the Premises' use of electricity and pay natural gas is measured respectively by a separate electric and gas meter, the accounts for which Lessee shall maintain in its name. The preceding notwithstanding, in the event the cost to Lessee for its use of natural gas (as billed by the utility supplying the same based on readings of the gas meter serving the Premises) in any Lease Year (that is the period July 1, - June 30) exceeds for said twelve month period the amount of $0.50 per square foot of rentable space, then Lessor shall reimburse Lessee at the end of each Lease Year for the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenantsuch natural gas usage during said Lease Year in excess of said $0.50/rentable square foot amount; provided, however, Lessor shall be solely responsible for have no such reimbursement obligation or responsibility in any Lease Year in which natural gas at the installation and payment for telephonePremises, cableas measured by said meter, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be liable in damages or otherwise is used for any failure or interruption purposes other than supplying central heating of any the Premises. At the end of each Lease Year in which a reimbursement is owed, Lessee shall forward to Lessor copies of all natural gas utility or other service being furnished bills relating to the Leased Premisessaid meter and pertaining to such Lease Year, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any upon presentation of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agentsLessor, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord it shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during forthwith make the appropriate season), access reimbursements to the Leased Premises, water and sewer/septic service and electricityLessee.

Utilities. The TENANT shall pay, as they become due, all bills for electricity and other utilities (awhether they are used for furnishing heat or other purposes) Subject that are furnished to the Tenant’s obligations under Section 3.2 hereofleased premises and presently separately metered, Landlord shall ensure all bills for fuel furnished to a separate tank servicing the delivery leased premises exclusively and all charges for telephone and other communication systems used at, and supplied to, the leased premises. The LANDLORD agrees to furnish water for ordinary drinking, cleaning, lavatory and toilet facilities and reasonable heat and air conditioning, if installed as part of the structure of the building (except to the extent that the same are furnished through separately metered utilities or separate fuel tanks as set forth above), so as to maintain the leased premises and pay common areas of the cost building at comfortable levels during normal business hours on regular business days of the heating and air conditioning seasons of each year, to furnish elevator service, if installed as part of the structure of the building, and to light passageways and stairways during business hours, and to furnish such cleaning service as is customary in similar buildings in said city or town, all utilities for subject to interruption due to any accident, to the Buildingmaking of repairs, including alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, gasservice, hot or supplies from the sources from which they are usually obtained for said building, or to any cause beyond the LANDLORD's control. LANDLORD shall have no obligation to provide utilities or equipment other than the utilities and cold waterequipment within the leased premises as of the commencement date of this lease. TenantIn the event TENANT requires additional utilities or equipment, however, shall be solely responsible for the installation and payment maintenance thereof shall be the TENANT's sole obligation, provided that such installation shall be subject to the written consent of the LANDLORD. LANDLORD shall incur no liability to TENANT whatsoever should any utility or service become unavailable from any public utility company, public authority or any other person, firm or corporation, including LANDLORD, supplying, distributing or responsible for telephone, cable, internet (whether dial-up, DSL, cable modem such utility or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant LANDLORD shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not under no circumstances be liable to TENANT in uninsured damages or otherwise for any interruption in service or failure to function of water, electricity, waste lines, sprinkler system, heating, ventilation, air-conditioning or interruption other utilities and services caused by an unavoidable delay, by the making of any utility necessary repairs or improvements or by any cause other service being furnished to than the Leased Premisesgross negligence of LANDLORD or LANDLORD's employees, and no such failure contractors or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityinvitees.

Utilities. (a) Subject Landlord shall cause to be provided water, sewer, electric and gas service to the Tenant’s obligations under Section 3.2 hereofPremises and the Common Areas (as applicable) throughout the Term in a manner consistent with other comparable buildings in the Mt. Laurel, Landlord New Jersey area. Notwithstanding the foregoing, Tenant shall ensure the delivery of and pay the cost of all utilities for the Buildingwater, including electricitysewer, gas, hot electricity, telephone and cold waterother communication services and any other utilities supplied to the Premises (including, but not limited to, the mezzanine space of the Premises). Tenant, however, The Premises shall be solely responsible for the installation and payment for telephoneseparately metered or submetered, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, by Landlord at its sole cost and expense, provide janitorial services for electric and gas but not for water and sewer or other utilities. Except for water and sewer (for which Landlord shall invoice Tenant for the Leased reasonably estimated cost as set forth below or include the cost in Operating Expenses), Tenant shall obtain utility service in its own name and timely pay all charges directly to the 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 share of utility usage based upon Landlord's reasonable estimate. Except as set forth in subsection (c) below, 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. 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. (b) Except as otherwise set forth in this LeaseWith respect to water and sewer service, which will not be separately metered, Landlord may estimate the monthly cost thereof and ▇▇▇▇ Tenant the estimated amount therefor or include the cost in Operating Expenses. All such estimated amounts shall be paid together with Monthly Rent. (c) If any utility service to the Premises is interrupted due to the 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 four (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-commencement of operations in the Affected Space or the date that the Service Interruption is remedied. Notwithstanding the foregoing, Tenant shall not be liable in damages entitled to abatement or otherwise for any failure or interruption of any utility or other service being furnished remedy to the Leased Premises, and no such 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 or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate 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 and Tenant hereby waives any other rights against Landlord in connection therewith. (d) During the Term, Tenant shall maintain, at Tenant's sole cost and expense, business interruption insurance as provided in Section 8 hereof. Notwithstanding anything contained in this Lease to the contrary, if Tenant shall waive, and release Landlord from and against, all claims of rental abatement as provided in subsection (ic) an interruption or curtailmentabove, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any to the extent of the same due to any negligent or wrongful act or neglect foregoing business interruption insurance regardless of whether Tenant or Tenant’s agents, employees or contractors (any obtains such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricitycoverages.

Utilities. (aA) Subject to the Tenant’s obligations under Section 3.2 hereofIf steam, Landlord shall ensure the delivery of and pay the cost of all utilities for the Building, including electricity, gaswater and sewer are supplied by Sublessor, hot Sublessee shall purchase the same from Sublessor or Sublessor's agent at a base rate consisting of the charges, terms and cold water. Tenant, however, shall be solely responsible rates for like quantities and character of service in the installation utility company service classification in effect at the time said service is used and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other under which Sublessor purchases service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (bB) Except as otherwise set forth in this Lease, Landlord Sublessee shall comply with all reasonable rules and regulations which from time to time may be promulgated by Sublessor to conserve fuel and/or energy. Sublessor shall not be liable in damages or otherwise to Sublessee for any failure loss or interruption damage or expense which Sublessee may sustain or incur if either the quantity or character of any utility service is changed without fault of Sublessor or other service being furnished is no longer available or suitable for Sublessee's requirements. Any riser or risers to supply Sublessee's requirements, upon written request of Sublessee, will be installed by Sublessor, at the sole cost and expense of Sublessee, if, in Sublessor's reasonable judgment the same are necessary and will not cause permanent damage or injury to the Leased PremisesBuilding or demised Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Sublessor will, at the sole cost and no such failure expense of Sublessee, install all other equipment proper and/or necessary in connection therewith, subject to the aforesaid terms and conditions. Sublessee covenants and agrees that at all times its use of electric current shall never exceed the capacity of existing feeders to the building or interruption shall entitle Tenant the risers' wiring installations except with respect to any abatement of, set off or reduction riser requested by Sublessee and approved by Sublessor in accordance with the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate provisions of this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityArticle 15.

Utilities. All utility services within and to the Premises required by ▇▇▇▇▇▇ must be obtained at Lessee's sole cost and expense by connection to the utilities installed at the Premises or in the vicinity thereof. The routes for all utility services lines or mains shall be reasonably approved by Authority, and all service lines and mains shall be placed underground by and at the expense of Lessee, and Lessee shall restore any property affected by placing such facilities underground. In addition, all utility curb cuts, excavation and trenching shall be subject to the prior written approval of Authority as part of Authority's review of Lessee's Plans as provided in Section 5.2 above and shall be completed by and at the expense of Lessee. All backfill, tamping, landscaping and street repair required as a result of such curb cuts, excavation and trenching shall be completed by and at the expense of Lessee, to the reasonable satisfaction of Authority. (a) Subject Lessee shall pay for all meters and measuring devices installed by Lessee or by any utility on the Premises, to the Tenant’s obligations under Section 3.2 hereofextent payment is required by those utilities providing service, Landlord and shall ensure the delivery of and pay the cost of for all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for stormwater utility fees) consumed by Lessee on the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord Lessee agrees that Authority shall not be liable in damages or otherwise for have no liability to Lessee arising out of any failure or interruption of any utility or other service being furnished to the Leased Premises, and no such failure whether or interruption shall entitle Tenant not caused by repairs or alterations being made to any abatement ofpart of the Airport, set off unless such liability arises from Authority's proven negligence or reduction willful misconduct; provided, however, to the extent that utility service is within the control of Authority, Authority will provide reasonable notice to Lessee of any scheduled interruption and will make a reasonable effort to restore (or cause to be restored) utility service as promptly as reasonably possible. Reasonable notice under this Section 5.5(b) shall be no later than thirty (30) days prior to commencement of ordinary repairs and alternations, and in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Leaseevent of an emergency as soon as the Authority becomes aware of the emergency. Notwithstanding anything contained in this Lease to In the contrary, if (i) event that an interruption or curtailmentof utility service is caused by the Authority’s negligence, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any and such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two twenty-four (224) full business days after Landlord shall have received notice thereof from Tenanthours, and (iii) as a result of such Service Interruption, the conduct of Tenant▇▇▇▇▇▇’s normal operations in the Leased Premises are materially adversely affected, then there current Annual Rent shall be an abatement of one day’s Base Rent and Additional Rent abated on a day for each day during which such Service Interruption continues after such two (2) business daysbasis until the utility service is restored to a level satisfactory to Lessee in its sole discretion. For purposes hereof; of this Section 5.5, the term “Essential Services” acts of a third party shall mean not constitute acts within the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricitycontrol of Authority unless such acts were authorized by Authority.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of and pay the cost of all utilities for the Building, including electricity, gas, hot and cold water. Tenant, however, Tenant shall be solely responsible for paying the installation cost of all utilities, including, but not limited to, sewer use and payment for connection fees, water, gas, electricity, telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for utilities (the Leased “Utilities”) provided to the Premises and billed or metered separately to Tenant. If the occupants thereof; includingUtilities are not separately billed to Tenant, without limitation, fees and taxes thereon. Tenant shall alsopay to Landlord within fifteen (15) days after receiving a ▇▇▇▇ from Landlord the Tenant’s Proportionate Share of the cost of Utilities. In determining Tenant’s Proportionate Share of the cost of Utilities attributable to Tenant’s use during any period of time, at if during any period within such year less than ninety-five percent (95%) of the Project’s rentable area shall have been occupied by tenants, then with respect to such period, any portion of the Utilities which vary with the occupancy percentage of the Building and/or Project, if any, shall be proportionately increased to an amount equal to the Utilities that would have been incurred had the occupancy of the Building been ninety-five percent (95%) throughout such portion of the year. In its sole cost reasonable discretion, Landlord may adjust “Tenant’s Proportionate Share” to reflect extraordinary use of the Premises by Tenant, which use requires greater use of any Utilities. Extraordinary use shall include, but not be limited to, use beyond normal business hours of 7:00 a.m. to 6:00 p.m., Monday through Friday; 7:00 a.m. to 12:00 p.m. on Saturdays, excluding any national holidays, and expense, provide janitorial services for the Leased Premisesuses beyond those uses set forth in this Lease. (b) Except Failure by Landlord to furnish any Utilities, or any cessation thereof, which result from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor be construed as otherwise set forth an eviction of Tenant, nor cause an abatement of rent, or relieve Tenant from fulfillment of any covenant or agreement hereof. If any of the equipment or machinery utilized in this Leasesupplying services and Utilities breaks down, or ceases to function properly, Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other service being furnished use reasonable diligence to repair the Leased Premises, and same promptly. Tenant shall have no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant right to terminate this Lease. Notwithstanding anything contained , and shall have no claim for rebate of rent or damages, on account of any interruptions in this Lease services or utilities occasioned thereby or resulting therefrom except to the contrary, if (i) an interruption or curtailment, suspension or stoppage extent arising out of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due Landlord’s failure to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any use reasonable diligence to cause such interruption of an Essential Service being hereinafter referred repairs to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricitymade.

Utilities. (a) Subject Tenant shall pay, prior to delinquency and throughout the Tenant’s obligations under Section 3.2 hereofLease Term, Landlord shall ensure the delivery of and pay the cost of all utilities charges for the Building, including electricitywater, gas, hot heating, ventilation, air conditioning, cooling, sewer, telephone, electricity, garbage, janitorial service, landscaping and cold waterall other services and utilities supplied to the Premises, including Tenant’s Premises Share, Tenant’s Lot 1 Share or Tenant’s Project Share, as relevant, of any such services or utilities which are not separately metered 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 Premises or which are provided directly to Tenant 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 sole benefit of Tenant or the Premises which are billed to and paid by Landlord directly shall be paid by Tenant to Landlord based on Tenant’s Premises Share of Operating Expenses. All other charges for utilities and services shall be included in Operating Expenses recoverable by Landlord in accordance with Article IV; provided, however, shall be solely responsible for that notwithstanding anything to the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth contrary contained in this Lease, Tenant shall have no obligation to pay or reimburse Landlord shall not be liable in damages or otherwise for any failure costs or interruption expenses arising from (i) the disproportionate use of any utility or service supplied by Landlord to any other occupant of the Building, Lot 1, or the Project or (ii) associated with utilities of a type not provided to or for the benefit of Tenant. The disruption, failure, lack or shortage of any service being furnished or utility provided by Landlord with respect to the Leased Premises, the Building, Lot 1 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 Rent due hereunder, all without diminution, credit or deduction; provided, however, that within a reasonable time after Landlord’s receipt of written notice from Tenant specifying such failure, but in no event later than thirty (30) days after Landlord’s receipt of such written notice from Tenant, Landlord shall initiate the cure of such failure and thereafter shall diligently prosecute said cure to completion, and provided further that: (i) if such disruption, failure, lack or shortage is caused by Landlord’s failure to observe or perform its obligations hereunder, then, if, despite such diligent efforts by Landlord, such interruption persists for a period in excess of four (4) consecutive business days, then Tenant, as its sole remedy, shall entitle Tenant be entitled to receive an abatement of Base Rent payable hereunder during the period beginning on the fifth (5th) consecutive business day of such interruption an ending on the day the utility or service has been restored; and (ii) if such interruption is due to any reason other than the actions of Tenant or any Tenant Party, then, notwithstanding the fact that such interruption was not caused by Landlord’s failure to observe or perform its obligations hereunder, Tenant shall be entitled to an abatement ofof Base Rent for the period such interruption commences until it ends to the extent (and only to the extent) that Landlord is actually reimbursed for such Base Rent abatement by any rental-loss insurance policy that Landlord is then carrying on the Project, set off or reduction the cost of which has been included in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this LeaseOperating Expenses. Notwithstanding anything contained in this Lease herein to the contrary, if (i) in the event of an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruptioncasualty, the conduct terms of Tenant’s normal operations in Article VIII of this Lease shall supersede the Leased Premises are materially adversely affected, then there shall be an abatement terms of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricity.this Article X.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord Tenant shall ensure the delivery of and pay the cost of all utilities for the Building, including electricityalt water, gas, hot and cold water. Tenantheat, howeverlight, shall be solely responsible for the installation and payment for power, sewer, telephone, cablerefuse disposal, internet (whether dial-up, DSL, cable modem or and all other service) utilities and other utility services installed for supplied to the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereonPremises. Tenant shall alsomake payments for all separately metered utilities, when due, directly to the appropriate supplier. Landlord shall have the right to require Tenant to install, at its Tenant's sole cost and expense, provide janitorial services separate meters (or other submeter, device or monitor for the Leased measurement of utility usage) for any utility for which a separate meter is not installed as of the Commencement Date. If any utilities or services are not separately metered or monitored with respect to the Premises. , Tenant shall pay its Share thereof to Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4,4, within thirty (b30) Except days after receipt of a statement from Landlord. If at any time during the Lease Term, electrical power or any other utility is available to the Premises from multiple sources, Landlord shall have the right at any time and from time to time to contract for service from any company or companies providing electrical, telecommunication, or other utility service to the Building. Tenant shall cooperate with Landlord and all providers of electrical, telecommunication, or other utility service and, as otherwise set forth reasonably necessary, allow Landlord and such providers reasonable access to the Premises and to the electric lines, feeders, risers, wiring and any other machinery or equipment within the Premises. Landlord shall in this no way be liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interruption, interference or defect in the supply or character of the electricity or other utilities supplied to the Premises. Landlord makes no representation or warranty as the suitability of the utility service for Tenant's requirements, and no such change, failure, defect, unavailability or unsuitability shall constitute any actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under the Lease, . Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other service being furnished to the Leased Premisesservice, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to or ▇▇▇▇▇ the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same rent due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricityhereunder.

Utilities. (a) Subject COUNTY shall pay to the Tenant’s obligations under Section 3.2 hereofCITY an amount of six hundred and fifty dollars ($650.00) per month for the furnishing of gas, Landlord shall ensure water, sewer, electricity and internet service to said Leased Premises during the delivery Term or Extended Term of this Lease and pay for the cost 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 utilities for facts material to this lease and that said Leased Premises are 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 Building, including electricity, gas, hot building by the COUNTY must be approved by the CITY Building and cold waterPlanning Department and will be at the sole expense of the COUNTY. Tenant, howeverCITY, shall be solely responsible for the installation and payment for telephone, cable, internet (whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereon. Tenant shall also, at its sole own cost and expense, provide janitorial services for 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. (b) Except as otherwise set forth in this Lease. However, Landlord CITY shall not be liable in damages or otherwise for any damages to the property resulting from CITY'S failure or interruption 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 thirty (30) 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 utility repairs made pursuant to this section required because of the negligence or other service being furnished 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 (see page 1, Description of Leased Premises), and no such failure or interruption shall entitle Tenant to any abatement ofimprovement thereon or facility appurtenant thereto without the written consent and approval of CITY. COUNTY shall permit CITY or CITY'S agents, set off representatives, or reduction in employees to enter said Leased Premises at all reasonable times for the amounts payable purpose of inspecting said Leased Premises to Landlord hereunder or otherwise entitle Tenant to terminate determine whether COUNTY is complying with the terms of this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricity.

Utilities. (a) Subject In addition to the payment of Tenant’s obligations under Section 3.2 hereof's Occupancy Costs and notwithstanding Sections 6.01 and 6.02, Landlord the Tenant shall ensure the delivery of and pay 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 BuildingLandlord's approval such additional equipment is installed, including electricity, gas, hot and cold water. Tenant, however, the Tenant shall be solely responsible for such excess utility usage. If utilities are supplied to the installation Tenant through a meter common to other tenants in the Project (there being no obligation on the Landlord to install separate meters), the Landlord shall pay the cost of the utilities and payment 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 telephoneall 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, cable, internet (and whether dial-up, DSL, cable modem or other service) and other utility services installed for the Leased Premises are separately metered or not, the occupants thereof; includingLandlord 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, without limitationin billing the Tenant for its share of such utility, fees apply a scale of rates not greater than the current scale of rates at which the Tenant would from time to time be purchasing the whole of its utilities required and taxes thereonconsumed in respect of the Leased Premises if the Tenant was purchasing directly from the utility supplier. The Tenant shall also, at its sole cost and expense, provide janitorial services for upon the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be liable in damages Landlord's request install a separate utility meter or otherwise for any failure or interruption of any utility or other service being furnished to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations meters in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business daysat the Tenant's expense. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access In addition to the Leased Premisespayments to the Landlord required by this Article 7.00, water the Tenant shall pay all rates, charges, costs and sewer/septic service and electricityexpenses as may be assessed or levied by any supplier of utilities to the Tenant other than those supplied by the Landlord.

Utilities. Gas, steam, electricity and other public utility charges (a) Subject other than any such charges which are payable by Tenants of the Properties directly to the Tenant’s obligations under Section 3.2 hereofapplicable utility company pursuant to such Tenants' Leases, Landlord for which no adjustment will be made) will be paid by the Seller to the utility company through the Closing Date. The Seller shall ensure the delivery of and pay the cost arrange for a final reading of all utilities for the Building, including electricity, utility meters (covering gas, hot water, steam and cold waterelectricity) as of the 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. TenantThe 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 such ▇▇▇▇ on or before the 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 as evidenced by such ▇▇▇▇ or bills pertaining to the period prior to the Closing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. Any ▇▇▇▇ which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Seller as of the Closing. Monthly fees payable to any Seller hereunder with respect to any Property for cable, internet or phone services for such Property shall be prorated as of the applicable Closing; provided, however, shall be solely responsible for the installation that any up-front fees and payment for telephone, 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 (whether dial-up, DSL, cable modem or other service) and other utility services installed except for the Leased Premises or ▇▇▇▇▇▇ Property, the occupants thereof; including▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇ Property and the 1160 ▇▇▇▇▇▇▇ Property), without limitation, fees and taxes thereon. Tenant shall also, at its sole cost and expense, provide janitorial services for the Leased Premises. (b) Except as otherwise set forth in this Lease, Landlord shall not be liable prorated, and shall be the property of such Seller, and Buyer shall remit any such sums to Seller immediately upon receipt thereof. With respect to the ▇▇▇▇▇▇ Property, the ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇ Property and the 1160 ▇▇▇▇▇▇▇ Property, from and after the applicable Closing, the Buyer shall be entitled to receive and retain any up-front fees payable under any Approved CIP Contracts (and Seller shall promptly remit any such sums to Buyer if received by Seller after the Closing). If Seller receives any up-front fees payable under any Approved CIP Contracts prior to Closing, Buyer shall receive a credit against the Purchase Price for the applicable Property at Closing in damages or otherwise an amount equal to such up-front fee. At the applicable Closing, Buyer shall reimburse the applicable Seller for any failure or interruption costs incurred by such Seller under any Approved CIP Contract beyond the costs of any utility or other service being furnished to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if Seller providing (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any conduit access from the street to the data communication closets of the same due to any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), applicable Property and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, phone and (iii) as a result coaxial wiring in each unit of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access Property back to the Leased Premises, water and sewer/septic service and electricitycentral media panel in such unit. 39 Section 8.5.

Utilities. (a) Subject to the Tenant’s obligations under Section 3.2 hereof, Landlord shall ensure the delivery of and We ll pay the cost of all utilities for the Buildingfollowing utilities: You ll pay for all other utilities, including related deposits, and any charges, fees, or services on such utilities. We do not guarantee or warrant that there will be no interruption of utility service. You shall contact the utility service provider in the event of an interruption of service. If your electricity is ever interrupted, you must use only battery-operated lighting. In the event certain utilities such as electricity, gas, hot water and cold water. Tenantsewer services are not supplied by the Landlord/Agent, howeverTenant , upon execution of this Lease, shall be solely responsible contract with the appropriate public utility and pay all charges assessed or imposed during the term hereof for all utilities supplies to the installation and payment for telephone, cable, internet (Premises whether dial-up, DSL, cable modem occupied or other service) and other utility services installed for the Leased Premises or the occupants thereof; including, without limitation, fees and taxes thereonvacant. Tenant shall alsobe charged for utility service usage on a separate metering and billing basis either directly from the utility provider or on a sub-metering, at its sole cost and expensesquare footage, provide janitorial services or other billing basis by the Landlord, including reimbursing the Landlord for utility service ▇▇▇▇▇▇▇▇ incurred by Tenant by received by Landlord after Tenant takes possession of the Leased Premises and/or vacates the Premises. (b) Except as otherwise set forth in this Lease, Landlord . Tenant will be responsible for any liability due to disconnection or discontinuance of any such utility service. Landlord/Agent shall not be liable in damages or otherwise for any failure or failure, interruption of any utility or other service being furnished to the Leased Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (gas, electric and/or water at any time when beyond Landlord/Agent’s reasonable control and Tenant expressly releases Landlord/Agent of all liability in connection therewith. It shall be a material breach of this Lease and the Tenant’s tenancy if any utility service, contracted for by Tenant, such as said term is hereinafter defined) water, sewer, gas and/or electric services, are discontinued due to some act or omission by the Tenant. Tenant further agrees that when the outside temperature falls below 40 degrees Fahrenheit, Tenant shall occur, except any maintain a temperature within the Premises not below 55 degrees Fahrenheit in order to avoid damage to the Premises. Tenant further agrees and acknowledges that the Premises came with light bulbs and fuses at the commencement of the same due Lease term and shall not be responsible to provide such items to Tenant at any negligent or wrongful act or neglect of Tenant or Tenant’s agents, employees or contractors (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than two (2) full business days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Leased Premises are materially adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such two (2) business days. For purposes hereof; the term “Essential Services” shall mean the following services: heat or cooling (during the appropriate season), access to the Leased Premises, water and sewer/septic service and electricitytime thereafter.