Common use of Utilities Clause in Contracts

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees 13.1. Sublessor shall bring or shall cause utility lines to providebe brought to the Subleased 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, at its costas of the date of commencement of Sublessee's activities, sufficient 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 and sewer service. Sublessee shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, or other communication servicefacilities by which such utilities are supplied to, janitorial servicedistributed 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, trash pick-upsuch installation shall be subject to Sublessor's and, sewer if necessary, PDA's prior written approval of Sublessee's plans and all other services supplied 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 or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges respond 10 days after receipt of Sublessee's second written request therefor. Tenant 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 greater capacity. PDA under the Primary Lease also reserved 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 Premise, provided, however, that PDA in exercising such reserved right shall arrange 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 Services 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 supplied to paid by the Premises and Sublessee shall contract for all of the Services in Tenant's name not be greater than those charged prior to the Commencement Datechange. The Commencement Date 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 delayed in excess of the public utility rates for the same service, if applicable, to other aviation tenants at the Airport or otherwise obtainable by reason of any failure by Tenant Sublessee. If PDA so elects to so contract for Services. In the event that 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 Services cannot be separately billed or metered to the Premises, or if any method of the Services are not separately metered as of the Commencement Date, the cost furnishing of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredutilities.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and pay, prior to delinquency and throughout the Lease Term, all charges for water, gas, lightheating, heatventilation, powerair conditioning, cooling, sewer, telephone, electricity, telephone or other communication servicegarbage, janitorial service, trash pick-up, sewer landscaping and all other services and utilities supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, including Tenant’s Share of any such services or if any of the Services utilities which are not separately metered as for or billed to the Premises. Landlord may, at Tenant’s expense, install devices which separately meter Tenant’s consumption of utilities. All charges for utilities and services which are separately metered to the Commencement Date, the cost of such Services shall be an Operating Expense and Premises or which are provided directly to Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in or the Premises by utility companies or third party providers shall not be included in Operating Expenses and shall be paid directly by Tenant to such utility companies or third party providers prior to delinquency, or, to the total gross leasable square footage located extent Landlord is billed for such utilities, to Landlord within thirty (30) days of receipt of notice and the relevant invoices from Landlord. All charges for utilities and services for the sole benefit of Tenant or the Premises which are billed to and paid by Landlord directly shall be paid by Tenant to Landlord within thirty (30) days after receipt of an invoice therefor or, at Landlord’s option and in all buildings utilizing its sole discretion, Landlord may estimate such Servicescharges and include such estimate in Landlord’s Estimate, in which event they shall be payable monthly by Tenant to Landlord along with other estimated Operating Expenses, subject to reconciliation annually as described in Section 4.05(c). All other charges for utilities and services shall be recoverable by Landlord to the extent provided in Article IV. The disruption, failure, lack or shortage of any Services service or utility provided by Landlord with respect to the Premises, the Building or the Project due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals Rent due hereunder, all without diminution, credit or deduction. The immediately preceding sentence ; provided, however, if such disruption, failure, lack or shortage is caused by Landlord’s failure to the contrary notwithstandingobserve or perform its obligations hereunder, then, within three (3) Business Days after receipt of written notice from Tenant specifying such failure, Landlord agrees that shall initiate the cure of such failure and thereafter shall diligently prosecute said cure to completion. Notwithstanding the foregoing, if Services are curtailed (i) any interruption or suspended to cessation of utilities results solely from the gross negligence or intentional or willful misconduct of Landlord, or its employees, agents or contractors, and (ii) any loss of revenues resulting therefrom is not covered by business interruption insurance carried by Tenant, then, if the Premises are not usable by Tenant for the conduct of Tenant’s business as a result of such interruption, and Tenant therefore actually ceases its business operations in the acts or negligence or willful misconduct of Landlord Premises, Base Rent and Additional Rent shall be abated for a the period of forty-eight that commences on the fifth (485th) consecutive hours during Business Day after the Lease Termdate of such interruption until such utilities are restored. If the entire Premises have not been rendered untenantable by such interruption or cessation of services or utilities, then Tenant's Rent payable hereunder the amount of abatement shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredprorated.

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

Utilities. Landlord AGENT is responsible for providing the following utilities only: NONE. The TENANT agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges and deposits for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied utilities and TENANT agrees to have all accounts for utilities immediately place in TENANT name with accounts kept current throughout occupancy. Garbage and/or trash removal is considered a utility under this lease. If the utilities which TENANT is responsible for are still in AGENT’s name at the time TENANT takes occupancy, TENANT agrees that AGENT shall order such utilities to be terminated. VEHICLES: Vehicle(s) must be currently licensed, owned by TENANT, registered, operational and properly parked. XXXXXX agrees to abide by all parking rules established now or consumed in the future by AGENT or condo/homeowner association’s rules, if applicable. No trailers, campers, vehicles on blocks, boats or commercial vehicles are allowed on or about the premises without AGENT’s prior written approval. TENANT is not to repair or disassemble vehicles on the Premises (collectively premises. Vehicles not meeting the "Services") above requirements and all taxes, levies, fees or surcharges thereforadditional rules of AGENT are unauthorized vehicles subject to being towed at TENANT expense. Tenant shall arrange Parking on the grass is prohibited. XXXXXX agrees to indemnify AGENT for Services to be supplied any expenses incurred due to the Premises towing of any vehicle belonging to the guest or invitee of TENANT. MAINTENANCE/INSPECTION: TENANT agrees that they have fully inspected the premises and shall contract for all accepts the condition of the Services premises in Tenant's name prior to “as is” condition with no warranties or promises express or implied. TENANT shall maintain the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Servicespremises in good, clean and tenantable condition throughout the tenancy keep all plumbing fixtures in good repair, use all electrical plumbing, heating, cooling, appliances and other equipment in a reasonable manner, removing all garbage in a clean and sanitary manner. In the event that TENANT or TENANT’S guest or invitees cause damage to the premises, AGENT may at its option repair same and TENANT shall pay for the expenses of same on demand or AGENT may require TENANT repair same, all charges incurred as additional rent. TENANT shall be fully responsible for, and agrees to maintain and repair at TENANT’S expense, the following: A/C FILTERS, LIGHTBULBS, EXTERMINATION, LAWN/SHRUBBERY, LOCKS/KEYS, SCREENING, and SMOKE ALARM(S). In the event a major repair to the premises must be made which will necessitate the TENANT’S vacating the premises, AGENT may as its option terminate this agreement and TENANT agrees to vacate the premises holding AGENT harmless for any damages suffered if any. TENANT shall notify AGENT immediately of any maintenance needed, or repair on the portal of the Services cannot be separately billed or metered to property management website. TENANT agrees that they shall immediately test smoke detector(s) and shall maintain same. All Appliances located at the Premises, or if any property are there solely at the convenience of the Services are tenant. If appliance is broke or not separately metered as working due to neglect of the Commencement Datetenant, the cost of such Services shall be an Operating Expense and Tenant tenant shall pay such cost for repairs. Thermostat should be set at nothing lower than 68 degrees in summer months as this may cause unit to Landlordfreeze up. Damage caused by rain, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack hail or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises wind as a result of leaving windows or doors open, or damage caused by overflow of water, or stoppage of waste pipes, breakage of glass, damage to screen, deterioration of lawns and landscaping, where caused by abuse or neglect is the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use responsibility of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredTENANT.

Utilities. Landlord Licensor covenants and agrees to provide, at its cost, water, maintain public utilities to furnish any electricity and telephone service connections into water utilized in operating any and all of the facilities serving the Premises; but Tenant . Licensor and Licensee shall undertake to determine if separate metering of utilities at the Premises is commercially feasible and, if mutually agreed that one or more utilities can be separately metered, Licensee shall bear the cost to provide for separate metering and pay during the Lease Term and prior to delinquency for all charges for water, gas, heat, light, heat, power, electricitytelephone and other such utilities separately metered to the Premises. If any utilities and services are not supplied and separately metered to the Premises, telephone Licensee shall pay Licensee’s Proportionate Share (as defined pursuant to Article 5(b)) of all utilities and services serving the Property in common with other occupants of the Property. No interruption or other communication servicefailure of utilities shall result in the termination of this Agreement or the abatement of rent, janitorial serviceexcept as expressly provided below. Notwithstanding anything contained herein to the contrary, trash pick-upin the event that such interruption or cessation of utilities is the result of Licensor’s negligent or willful act or omission and such interruption or cessation of utilities continues beyond three (3) business days from the date of such interruption or cessation, sewer and all other services supplied to or consumed then, provided Licensee has delivered Licensor with prompt notice of such interruption, the Annual Base Fee under this Agreement will xxxxx, commencing on the fourth (4th) day of such interruption or cessation, and continuing until the date on which the utilities are restored and the Premises (collectively are again tenantable. No abatement of rentals as hereinabove described will apply to the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied extent such interruption of utilities is the result of Licensee’s alterations to the Premises and shall contract for all or Capital Improvements, or any negligent act or omission of Licensee, its agents, employees or contractors, or any cause other than the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason negligent or willful act or omission of any failure by Tenant to so contract for ServicesLicensor or its employees, agents or contractors. In the event that any of the Services cannot be separately billed or metered to the PremisesLicensor has advance knowledge of, or if any otherwise plans an interruption or cessation of utilities, Licensor shall give Licensee at least 14-day advanced notice or such other greater advanced notice as is reasonable under the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredcircumstance.

Utilities. Tenant acknowledges that Rent does not include the cost of supplying utilities to the Premises and agrees to pay all charges for heat, electricity and other utilities (whether they are used for furnishing heat or other purposes) that are furnished to the Premises and presently separately metered, except for water and sewer; provided, however, that Tenant shall be responsible for all wastewater inspection charges pertaining to Tenant’s use of the Building’s wastewater discharge system. Landlord agrees to provide, at provide (and shall include such provision in its cost, water, electricity Operating Costs) all other utility service and telephone service connections into to furnish reasonably hot and cold water and reasonable heat and air conditioning (except to the extent that the same are furnished through separately metered utilities) to the Premises; but , the hallways, stairways, and lavatories during normal business hours on regular business days of the heating and air conditioning seasons of each year, all subject to interruption due to any accident, to the making of repairs, alterations, or improvements, to labor difficulties, to trouble in obtaining electricity, service, or supplies from the sources from which they are usually obtained for the Building, or to any other cause beyond the Landlord’s control. HVAC shall be separately metered and available at all times of the day and night for Tenant’s use. Landlord’s failure to furnish, or any interruption or termination of, services due to the application of laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a material portion of the Premises, is made untenantable for a period in excess of three (3) consecutive business days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the fourth (4th) consecutive business day of the Service Failure and ending on the day the service has been restored and if the Service Failure continues for a period in excess of ninety (90) consecutive business days, Tenant may terminate this Lease upon written notice to Landlord at any time thereafter before Landlord cures such Service Failure. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of the abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment. For the avoidance of doubt, except for the express remedies set forth in this paragraph under no circumstances will Landlord be liable to Tenant for any damages, costs, expenses, lost profits, or consequential damages as a result of a Service Failure irrespective of the cause. Landlord shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Premises as of the Commencement Date of this Lease. In the event Tenant requires additional utilities or equipment, the installation and maintenance thereof shall be subject to the prior written consent of the Landlord and shall be Tenant’s sole cost and responsibility, including, without limitation, compliance with all applicable legal requirements. Except as otherwise provided in Article 5, it is understood and agreed that Tenant shall pay during make its own arrangements for the Lease Term installation or provision of all such utilities and prior that Landlord shall be under no obligation to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied furnish any utilities to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason liable for any interruption or failure in the supply of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered such utilities to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Tenant shall not install any equipment which can exceed the capacity of any utility facilities serving the Center and if any equipment installed by Tenant requires additional utility facilities, the same shall be installed at Tenant's expense in compliance with all code requirements and plans and specifications which must be approved in writing by Landlord (such approval not to be unreasonably withheld). Tenant shall be solely responsible for and promptly pay all charges for use or consumption of sewer, gas, electricity, water and all other utility services delivered to the Premises. Landlord may make electrical service available to the Premises as provided in Exhibit "C," and so long as Landlord continues to provide such electrical service Tenant agrees to providepurchase the same from Landlord and pay Landlord for the electrical service (based upon Landlord's determination from time to time of Tenant's consumption of electricity), as additional rent, on the first day of each month in advance (and prorated for partial months), commencing on the Commencement Date at its cost, water, electricity the same cost as would be charged to Tenant from time to time by the utility company which otherwise would furnish such services to the Premises if it provided such services and telephone service connections into metered the same directly to the Premises; , but in no event at a cost which is less than the cost Landlord must pay in providing such electrical service. Landlord may supply water and other utilities to the Premises, and so long as Landlord continues to provide water or such other utilities Tenant shall pay during Landlord for same at the Lease Term same cost as would be charged to Tenant by the utility company which otherwise would furnish such service to the Premises if it provided such service and prior metered the same directly to delinquency all charges for waterthe Premises, gas, light, heat, power, electricity, telephone or other communication but in no event at a cost which is less than the cost Landlord must pay in providing such service, janitorial and in no event less than the minimum monthly charge which would have been charged by the utility company in providing such service. Landlord may make additional services, including but not limited to, pest control, trash pick-upcompactor/trash removal, sewer cleaning, and all other services supplied security, available to or consumed on the Premises (collectively the "Services") and all taxesand, leviesin such event, fees or surcharges thereforTenant shall utilize such services, at Tenant's expense. Tenant shall arrange for Services to be supplied to operate its heating and air conditioning so that the temperature in the Premises will be approximately the same as that in the adjoining mall, and shall contract for all of the Services in set Tenant's name prior to thermostat at the Commencement Datesame temperature as that thermostat in the mall which is nearest the Premises. The Commencement Date Tenant shall not be delayed responsible for the installation, maintenance, repair and replacement of air conditioning, heating and ventilation systems within and specifically for the Premises, including all components such as air handling units, air distribution systems, motors, controls, grilles, thermostats, filters and other components. Tenant shall operate ventilation so that the relative air pressure in the Premises will be the same as or less than that in the adjoining mall as reasonably required by reason of any failure by Tenant to so contract for Servicesthe Landlord. In the event that any Tenant requires the use of telecommunication services, including, but not limited to, credit card verification and/or other data transmission, then Tenant shall contract for such services with one of the Services cannot be separately billed service providers available at the Center. In addition to any rental abatement to which Tenant otherwise is entitled, if Tenant is prevented from using the Premises or metered any portion thereof for five (5) consecutive days or ten (10) days in any twelve (12) consecutive month period (the "Eligibility Period") as a result of Landlord's failure to provide utilities or services to the Premises, or if any then Tenant's rent shall be abated after the expiration of the Services are not separately metered as eligibility period for such time that Tenant continues to be so prevented from using the Premises or portion thereof, in the proportion that the rentable area of the Commencement Dateportion of the Premises that Tenant is prevented from using bears to the total rentable area of the Premises. However, in the event that Tenant is prevented from so conducting its business in any portion of the Premises for a period in excess of the Eligibility Period, and the remaining portion of the premises is not sufficient to allow Tenant to effectively conduct its business therein, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the cost rent for the entire Premises shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the rent allocable to such reoccupied portion, based on the proportion that the rentable area of such Services reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be an Operating Expense and payable by Tenant from the date such business operations commence. Notwithstanding anything herein in this paragraph which may be to the contrary, Tenant shall pay not be permitted to abatx xxxt as hereinabove otherwise provided if the failure to provide any such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack utilities or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended services to the Premises is as a result of Tenant's failure to pay for the acts same or due to the negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease TermTenant, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment its employees, agents or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredcontractors.

Utilities. Landlord agrees LESSOR shall provide to providethe Leased Premises the building standard facilities for heat and air conditioning for the Leased Premises, and also to the common areas and facilities which LESSEE enjoys the right to use, as required for comfortable occupancy, during 8 AM to 6 PM each business day (herein “Normal Business Hours”). LESSOR shall provide electricity to the Leased Premises (to be distributed throughout the Leased Premises however, at its costLESSEE’s sole cost and expense). Notwithstanding the foregoing, water, electricity and telephone service connections into the Premises; but Tenant LESSEE shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed electricity used on the Leased Premises. LESSEE shall pay all actual charges, without xxxx-up or profit to LESSOR, for electricity used on the Leased Premises as it may be separately metered to the Leased Premises, or based on LESSEE’s Allocable Percentage of the total electric xxxx for the Building if not separately metered or if only partially separately metered to the Leased Premises (collectively whichever or both as may be applicable), at the "Services") and all taxes, levies, fees or surcharges thereforreasonable determination of the LESSOR. Tenant LESSOR shall arrange for Services to be supplied determine any such electric charges not separately metered to the Leased Premises in a uniform and non-discriminatory manner relative to other lessees and occupants in the Building whose electric charges are not separately metered. LESSEE shall pay its electrical charges to LESSOR as invoiced by LESSOR on a monthly basis (whether based on actual or estimated charges) within thirty (30) days of its receipt of the invoice. Within one hundred twenty (120) days of the close of each calendar year, LESSOR shall adjust the LESSEE’s prior year’s electrical payments to account for the actual and properly accrued charges, and shall contract issue LESSEE a refund or deficiency statement for all that year, as appropriate. LESSEE shall pay any deficiency shown thereon within thirty (30) days of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason its receipt of any failure by Tenant to so contract for Servicessaid invoice. In the event that of any disagreement, the parties shall engage in the negotiation and arbitration processes set forth in the last paragraph of Section 3 hereof. Any rebates due LESSEE (not contested by LESSOR) shall, in LESSOR’s reasonable discretion, be credited toward then current Rent. LESSOR shall provide copies of the Services cannot be separately billed or metered to relevant electric bills, and information regarding which spaces in the Premises, or if any of the Services Building are not separately metered as of to other lessees and occupants, to LESSEE upon LESSEE’s request. LESSOR shall maintain an average temperature in the Commencement Date, Building between 60 degrees Fahrenheit and 80 degrees Fahrenheit at all times; and an average temperature in the cost of such Services Leased Premises generally between 68 degrees Fahrenheit and 76 degree Fahrenheit during Normal Business Hours. LESSOR shall be an Operating Expense make available overtime heat and Tenant air-conditioning and LESSEE shall pay such cost as additional rent, overtime heat and air-conditioning as may be requested by LESSEE for the Leased Premises on the basis of $ 150.00 per zone, per hour (subject to Landlordincrease by the same percentage amount by which the standard electric rates are increased), as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services billed by LESSOR. LESSEE shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage give LESSOR twenty four (24) hours prior notice of any Services due to any cause whatsoever requirements for specialized overtime heating and air-conditioning. LESSOR shall not affect be liable to LESSEE for any obligation of Tenant hereunderinterruption, and Tenant shall faithfully keep and observe all the termsinterference, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit damage or deduction. The immediately preceding sentence loss to the contrary notwithstanding, Landlord agrees that if Services are curtailed LESSEE’s research or suspended to the Premises experimentation occasioned as a result of any failure in the acts heating, ventilation, air conditioning, or negligence electrical services or other utilities servicing the Building or the Leased Premises not caused by LESSOR’s negligence, willful misconduct of Landlord for misconduct, or failure to use reasonably diligent efforts to restore any service interruption within its reasonable control. No plumbing or electrical work which affects the base Building systems or which requires a period of forty-eight (48) consecutive hours during municipal permit or which may interfere with any other tenant in the Lease Term, then Tenant's Rent payable hereunder Building shall be equitably abated done without LESSOR’s approval which approval shall not be unreasonably withheld or delayed and the appropriate municipal permit and inspector’s approval. Hot and cold water for domestic type sanitary and drinking purposes and ordinary office pantry purposes (only) shall be supplied at LESSOR’s expense. There shall be separately metered and separately paid for by LESSEE, non-potable laboratory water and water for other particularized uses in the Leased Premises. LESSOR shall also provide the following services in accordance with comparable first class research laboratory and office buildings in the mid-Cambridge submarket at no additional charge: (a) non-exclusive shared passenger and freight elevator service and loading dock service to the extent such curtailment or suspension of Services interferes with Tenant's use of the Leased Premises on a 24-hour basis, (as reasonably determined by Landlord b) base Building fire and Tenantlife-safety systems; and (c) following such forty-eight (48) hour period until such Services are restoredjanitorial and cleaning service to common lavatories and common areas.

Utilities. Landlord agrees 14.1. Sublessor shall bring or shall cause utility lines to providebe brought to the boundary of the Subleased Premises at the points existing as of the Term Commencement Date or such other points as may be designated by Sublessor (in consultation with Sublessee). The utility lines shall have the capacities existing as of the Term Commencement Date which `Sublessee acknowledges are sufficient to enable Sublessee to obtain for the buildings at the Subleased Premises, at its costas of the date of commencement of Sublessee's activities, sufficient 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 and sewer service. Sublessee shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, or other communication servicefacilities by which such utilities are supplied to, janitorial servicedistributed 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, trash pick-upsuch installation shall be subject to Sublessor's prior written approval of Sublessee's plans and specifications therefor, sewer which approval shah not be unreasonably withheld. If such installation is approved by Sublessor and all other services supplied 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 consumed utility facilities of greater capacity. Sublessor also reserves the right to run such utility lines as it deems necessary in connection with the development of the Airport to, from, or through the Subleased Premises, provided, however, that such right does not include the right to run any such lines through, under or over any structure on the Subleased Premises (collectively and further provided the "Services") Sublessor in. exercising such reserved right shall provide reasonable prior notice and all taxesthe opportunity to confer with Sublessee and shall exercise reasonable efforts to avoid or minimize interference with use of the Subleased Premises. Sublessor, leviesat its sole discretion, fees or surcharges therefor. Tenant shall arrange for Services have the right from time to be supplied 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 so long as such alteration does not result in an increase in the cost of any such utilities. Sublessee agrees to execute and deliver to Sublessor such documentation as may be required to effect such alteration. Sublessee agrees to pay all charges for the above enumerated utilities supplied by Sublessor, public utility or public authority, or any other person, firm or corporation. Sublessor shall contract for all have the option to supply any of the Services in Tenant's name prior above enumerated utilities to the Commencement DateSubleased Premises. The Commencement Date If Sublessor shall elect to supply any of such utilities to the Subleased Premises, Sublessee will purchase its requirements for such services tendered by Sublessor, and Sublessee will pay Sublessor, within ten (10) days after mailing by Sublessor to Sublessee of statements therefor, at the applicable rates determined by Sublessor from time to time which Sublessor agrees shall not be delayed by reason in excess of any failure by Tenant the public utility rates or competitive market rates if available for the same service if applicable to other aviation tenants at the Airport. If Sublessor so contract for Services. In the event that elects to supply any of such utilities, Sublessee shall execute and deliver to Sublessor, within ten (10) days after request therefor, any documentation reasonably required by Sublessor to effect such change in the Services cannot be separately billed or metered to the Premises, or if any method of the Services are not separately metered as of the Commencement Date, the cost finishing of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredutilities.

Utilities. Tenant shall be solely liable for electricity expense relating to the Premises. Landlord agrees to provideshall use its best reasonable discretion in determining Tenant’s usage of electricity and its proportionate share, provided, however, that Landlord’s determination of the Tenant’s proportionate share of electric usage in the premises shall be final and determinative. The Tenant acknowledges that the initial charges for normal electric usage shall be calculated at the rate of $1.60 per square foot per annum. In calculating Tenant’s proportionate share of electric usage, Landlord shall take into consideration customary costs and expenses for similar uses, types of equipment and shall consider the hours of operation of Tenant and other Tenant’s in the building as estimated by FPL. Landlord may, at its costsole option, waterelect to install a submeter for the premises, the separate floors of the building, or any other portion thereof to assist in making such determinations. Any charge for electricity incurred hereunder shall be deemed Additional Rent. Nothing contained herein shall be construed as a representation by Landlord that any utility service shall continue to be available to the premises. Landlord shall not be liable to Tenant for any interruption in utility services beyond Landlord’s control, provided that Landlord shall take no action to interfere with, interrupt or terminate the availability of such services. Landlord shall obtain and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gassewage and garbage disposal for the entire building, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on including the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforPremises. Tenant shall arrange at its sole cost and expense without any right to offset or claim against Landlord, and subject to all applicable building codes and ordinances and Landlord’s prior written approval as to location and schematic design shall be authorized to have Cable TV service from any locally authorized Cable TV Service Provider for Services to be supplied the Building, installed to the Premises Building and shall contract for all of the Services in Tenant's name prior to the Commencement DatePremises. The Commencement Date Tenant shall not indemnify and hold Landlord harmless from any claims, losses or damage in connection with such installation and in no event shall such installation interfere with any other Tenancies or rights to occupancy of other Tenants in the Building. Tenant shall be delayed by reason solely responsible for restoring or replacing any damage incurred in connection with the installation of such Cable TV services to the premises. Tenant shall be responsible for the payment of any failure by Tenant to so contract for Servicesinstallation costs or fees and any fees in connection with monthly service. In the event that any of the Services cannot Tenant shall be separately billed or metered unable to obtain Cable TV service to the Premisesbuilding, or if any of the Services are not separately metered as of the Commencement Datepursuant to this Pxxxxxxxx 0, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence Xxxxxx subject to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended terms and conditions of Section 41 hereof relating to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's signage and use of the Premises (as exterior of the building, shall with Landlord’s prior written approval, which shall not be unreasonably withheld may install a satellite TV Dish antenna not exceeding 18 inches in diameter. Such antenna shall be installed in accordance with installation techniques reasonably determined approved by Landlord Landlord, in a location designated by Landlord, and Tenant) following in no event shall such forty-eight (48) hour period until such Services are restoredantenna be visible from street level around the building or interfere in any way with the microwave telephone antennas or other telephone equipment located on the roof of the building, or the satellite antennas of any other tenants currently located on the roof of the building.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, sewer, gas, light, heat, power, electricity, telephone electricity and other utilities or other communication service, janitorial service, trash pick-up, sewer and all other like services supplied to used or consumed on the Premises (each, a “Utility Service” and collectively the "“Utility Services"”), and used or consumed by all mechanical equipment serving the Premises, wherever located, whether called use charge, tax, assessment, fee or otherwise as the same become due. It is understood and agreed that Landlord shall be responsible for bringing each Utility Service described in the Base Building Work to a common switching point(s) and at the Building as shown on the Base Building Work Plans (as defined in the Work Letter)(collectively, the “Utility Switching Points”). As part of the Base Building Work, Landlord shall install a direct meter to measure electricity serving the Premises and, with respect to all taxesother Utility Services being installed as Base Building Work, leviesa direct, fees sub- or surcharges therefor“check” meter for measuring Tenant’s consumption of such Utility Service. Tenant shall arrange pay all costs and expenses associated with any separately metered utilities (such as electricity and telephone) directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on a check- or sub-metering metering installation, based on Landlord’s reading of such meters, directly to Landlord at the same rate paid by Landlord to the provider thereof. Additional Rent for any check- or sub-metered utilities may be reasonably estimated monthly by Landlord, based on actual readings of sub — and “check” meters where applicable, and shall be paid monthly by Tenant within thirty (30) days after being billed with a final accounting based upon actual bills received from the utility providers following the conclusion of each fiscal year of the Building. Tenant shall pay for any and all costs to install and connect Utility Services from the Utility Switching Points to the Premises. Landlord shall be under no obligation as to any Utility Services beyond the foregoing responsibility to bring such Utility Services to the Utility Switching Points and as required in the completion of the Finish Work and Landlord shall not be supplied liable for any interruption or failure in the supply of any utilities or Utility Services, except to the extent expressly set forth below. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services not being obtained directly by Tenant from any company or third party providing Utility Services (“Utility Service Provider”), subject to Tenant approval of the proposed Utility Service Provider, such approval not to be unreasonably withheld, conditioned or delayed, and provided that such alternate Utility Service Provider shall be retained on market terms and conditions. In requesting Tenant consent to a proposed Utility Service Provider, Landlord shall provide Tenant with reasonable documentation regarding the proposed contract to permit Tenant to determine whether such terms meet the foregoing standard. The parties acknowledge that, initially, the only Utility Services not being obtained directly by Tenant are water, sewer and gas, and the City of Boston and Boston Gas Company are the approved initial providers of such respective Utility Services. Provided there shall be no unreasonable interference with Tenant’s operations within the Premises, Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and shall contract for all associated with the delivery of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Utility Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services there shall be an Operating Expense and Tenant shall pay such cost to Landlordinterruption, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes any Utility Service (and no reasonably equivalent alternative service or supply is provided by Landlord) that shall materially interfere with Tenant's ’s use and enjoyment of all or a portion of the Premises (as reasonably determined a “Service Interruption”), and if (i) such Service Interruption shall continue for five consecutive business days following receipt by Landlord of written notice from Tenant describing such Service Interruption (the “Service Interruption Notice”) and (ii) such Service Interruption shall not have been caused, in whole or in part, by reasons beyond Landlord’s reasonable control (provided, however, that causes beyond Landlord’s reasonable control may be deemed to result in a Material Service Interruption if and to the extent that such cause actually results in coverage under Landlord’s rental interruption insurance) or by an act or omission in violation of this Lease by Tenant or by any negligence of any of Tenant’s agents, employees, contractors, invitees, successors or others using the Premises with Tenant’s expressed or implied permission (collectively, with Tenant, the “Tenant Parties” or any one of them, including Tenant, a “Tenant Party”) (a Service Interruption that satisfies the foregoing conditions being referred to hereinafter as a “Material Service Interruption”), then Tenant shall be entitled to an equitable abatement of Base Rent and Tenant’s Pro Rata Share of Total Operating Costs, based on the nature and duration of the Material Service Interruption, the area of the Premises affected, and the then current Rent amounts, for the period that shall begin on the commencement of such Material Service Interruption and that shall end on the day such Material Service Interruption shall cease. A Material Service Interruption lasting more than ninety (90) following days shall constitute damage or destruction of Premises and shall be governed by Section 12.01 of this Lease. Notwithstanding the foregoing, if Landlord disputes whether, or the extent to which, an event is a Material Services Interruption or the amount of Tenant’s abatement of Base Rent and Tenant’s Pro Rata Share of Total Operating Costs, such forty-eight (48) hour period until such Services are restoreddispute shall be resolved in accordance with Article 14 of Exhibit 10.03 to this Lease prior to the exercise of any of Tenant’s remedies under this Section 6.01. The remedies provided in this Section 6.01 shall not apply to casualty or condemnation, which shall be covered elsewhere in this Lease.

Utilities. Landlord agrees and Tenant agree that the Design Documents shall include separate metering or submetering of all Utility Services (as hereinafter defined) for the Premises and the Retail Space. Accordingly, to providethe extent such Utility Services are separately metered or submetered, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during directly to the Lease Term and prior to delinquency proper authorities charged with the collection thereof all charges for water, sewer, gas, light, heat, power, electricity, steam, telephone and other utilities or other communication serviceservices (singularly "Utility Service" and collectively, janitorial service, trash pick-up, sewer and all other services supplied to "Utility Services") used or consumed on the Premises Premises, whether called charge, tax, assessment, fee or otherwise, including, without limitation, water and sewer use charges and taxes, if any, all such charges to be paid as the same from time to time become due. If Tenant is not charged directly by the respective utility for any of such Utility Services, Tenant shall from time to time, within 20 days of receipt of Landlord's invoice therefor, pay to Landlord Tenant's Proportionate Fraction of the total of such charges for the Building, Lot or Complex provided that, at Landlord's option, all such charges shall be payable by Tenant in accordance with Section 4.2.5. It is understood and agreed that (collectively i) Landlord shall be responsible for bringing Utility Services to a common switching point(s) at the Building, which, in the case of electricity shall mean the switch gear and not the transformer (collectively, the "ServicesUtility Switching Points") as shown on the Final Design Documents at Landlord's cost and expense; (ii) Tenant shall pay for any and all taxes, levies, fees or surcharges therefor. Tenant costs to connect such Utility Services from such Utility Switching Points to the Premises; (iii) Landlord shall arrange for be under no obligation to furnish any Utility Services to be supplied to the Premises and shall contract for all of (beyond the foregoing responsibility to bring such Utility Services in Tenant's name prior to the Commencement Date. The Commencement Date Utility Switching Points and as may be shown on the Final Design Documents; and (iv) subject to Section 3.2 hereof, Landlord shall not be delayed by reason liable for any interruption or failure in the supply of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered such utilities to the Premises; provided, however, that in the event such loss or if any of failure is due to Landlord's negligence or willful misconduct, Landlord shall be responsible for restoring the Services are not separately metered as of the Commencement Date, the cost supply of such Utility Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Servicesbut otherwise shall have no liability to Tenant. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence Subject to the contrary notwithstandingforegoing, Landlord agrees that if heating, ventilating and air conditioning service and all other Utility Services serving the Premises shall be available to Tenant twenty-four (24) hours per day, seven (7) days per week. 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 from any company or third party, including without limitation, electricity, steam, chilled water and natural gas (collectively "Utilities") providing Utilities (the "Utility Service Provider" or "Utility Service Providers"), which contracts or purchases, in Landlord's reasonable opinion, are curtailed or suspended likely to result in a reduction in costs for Utility Services to the Premises occupants of the Building or of the Complex taken as a result of whole. Tenant, at no cost to Tenant, agrees to reasonably cooperate with Landlord and the acts Utility Service Providers and at all times and, as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of personal property within the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredassociated with the delivery of Utility Services. Tenant may, but shall not be required to, purchase Utilities from respective Utility Service Providers.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency for all charges for water, gas, heat, light, heat, power, electricity, telephone or other communication service, janitorial servicetelephone, trash pick-up, sewer and all other utilities and services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if together with any taxes. If any of the Services those services are not separately metered to Tenant, Tenant will pay a reasonable proportion to be determined by Landlord of all charges jointly metered with other portions of the Premises. If these charges remain unpaid for thirty (30) days after they become due and for ten (10) days following Tenant’s receipt of written notice thereof from Landlord, Tenant shall be in default and Landlord may exercise all remedies available to Landlord as provided in Article 12 of this Lease. Landlord agrees to pay for all other standard utilities necessary to operate the Premises, as determined by Landlord in Landlord’s sole and absolute discretion. Notwithstanding the foregoing, Landlord shall have no liability, whatsoever, in the event of any interruption, failure or curtailment of any utilities nor shall such interruption, failure or curtailment of any utilities constitute a constructive or partial eviction. Unless otherwise approved in advance by Landlord, Tenant shall make no change in the conduct of business in the Premises from the manner of the conduct of business in the Premises as of the Commencement DateEffective Date of this Lease, or install additional equipment not located on the cost Premises as of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlordthe Effective Date of this Lease which would have the effect of materially increasing Tenant’s consumption of any utilities, as Additional Rent, as provided determined by Landlord in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained Landlord’s sole and absolute discretion. Landlord agrees to allow Tenant to install separate UPS power devices in the Premises by as Tenant desires; provided, however, Landlord shall not be liable to Tenant in the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage event of any Services due failure of or damage to such power devices or for any cause whatsoever shall not affect damage or consequences resulting from or in any obligation way related to the use of Tenant hereunder, and such power devices in the Premises. Tenant shall faithfully keep assume all costs associated with installing and observe all using such UPS power devices, including, but not limited to, the terms, conditions and covenants costs of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence any increase in costs to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to utilities serving the Premises as a result resulting from the use and operation of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoreddevices.

Utilities. (a) Tenant covenants and agrees that its use of electric current shall not exceed the capacity of the systems, wiring and other electrical equipment which Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied makes available to the Premises and shall contract for all of its total connected load will not exceed the Services in Tenant's name prior maximum load from time 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 time available to the Premises. Tenant shall not overload the electrical wiring or electrical panels within or serving the Premises and will install at its own expense, but only after obtaining Landlord's prior written approval, any additional electrical wiring or panels which may be required in connection with Tenant's apparatus. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if, during the Term of this Lease, either the quantity or character of electric current is changed or electric current is no longer available or suitable for Tenant's requirements due to a factor or cause beyond Landlord's control. Tenant, at Tenant's expense, shall purchase and install any replacement lamps, tubes, bulbs, starters and ballasts which may be needed during the Term. Tenant shall pay all charges for electricity used or consumed in the Premises. Electricity is currently furnished to the entire Building through one meter which enters the Buildings through the Warehouse in premises being leased to Executive Warehouse, Inc. ("EWI"). EWI has the right, under its lease (the "EWI Lease") with Landlord to, if EWI so elects, install an electric sub-meter or sub-meters at EWI's sole cost and expense (which cost may be shared with Tenant in such proportion as EWI and Tenant may agree) in order to measure electrical usage by Tenant and EWI during each monthly electricity billing period. The EWI Lease provides that EWI will coordinate any such submeter installation with Tenant. The EWI Lease also provides that if EWI installs such sub-meter or sub-meters, EWI shall read the main meter and each submeter promptly at the end of each monthly electricity billing period and promptly furnish Landlord with the breakdown (the "Electric Breakdown") of electrical consumption between Tenant and EWI based on such readings. Tenant shall make arrangements with EWI to coordinate the reading of any such main electric meter and any such electric submeter. If, for any reason, Tenant has not received a statement of its share of electricity charges under this Section 4.9 by the end of each calendar month, Tenant shall promptly notify Landlord. Tenant shall pay its share of the Services electrical charge to Landlord each month upon the later to occur of (i) five (5) days after receipt of a statement for such electric charges or (ii) five (5) days before each related electric bxxx is due and payable. The cost of installation, maintenance and repair of any sub-meter which Tenant elects to install shall be borne by Tenant. Gas and water are not separately metered as also currently furnished to the Building through one gas meter and one water meter. Tenant may, if it so elects, install separate submeters for measurement of gas and/or water consumption by Tenant at Tenant's sole expense. The Tenant shall pay when due all charges for utility services provided directly to the Commencement DatePremises including, without limitation, electricity, gas, water, sewer and the cost of such Services shall be an Operating Expense providing heating, ventilating and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence air-conditioning to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredPremises.

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

Utilities. At all times throughout the Lease Term, Landlord agrees will install and maintain or will cause to providebe installed and maintained systems which provide chilled and hot water to service Tenant's heating, ventilating and air conditioning system. Landlord shall pay all utility hookup or connection charges with respect to the aforesaid utilities; however, Tenant shall thereafter pay, no later than thirty (30) days after being billed for same, all charges during the term of this Lease for utility services used on the Premises, including, specifically and not limited to the amounts described on Exhibits D and F for the chilled and hot water, provided, that Tenant shall not be obligated to pay for any such services an amount greater than the amount that Tenant would be charged if Tenant had contracted for such services directly with a public or private utility provider other than Landlord. Except as contemplated in Exhibit F hereto, Tenant will not install any equipment which can exceed the capacity of any utility facilities and if any equipment installed by Tenant requires additional utility facilities, the same shall be installed at its costTenant's expense in compliance with all governmental and utility company requirements and plans and specifications which must first be approved in writing by Landlord which approval shall not be unreasonably withheld. Tenant shall be solely responsible for and promptly pay all charges for use or consumption of sewer, gas, electricity, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer scavenger and all other utility services supplied to or consumed on the Premises (collectively the "ServicesUtilities") with respect to the Premises. Landlord shall have the right, but not the obligation, to furnish, and all taxes, levies, fees or surcharges therefor. in such event Tenant shall arrange purchase from Landlord, any such utility services as Landlord desires. If Landlord elects to supply or contract with any other party to supply any such utility services, Tenant shall purchase and pay for Services the same as Additional Rent at a rate determined and published by Landlord from time to time, provided, however, that said rate shall be supplied reasonably competitive with rates which Tenant would be charged by the utility company which would otherwise furnish such service to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for ServicesPremises. In the event Landlord elects to cease providing any utility previously provided through a central system operated by Landlord, Landlord shall deliver reasonable advance prior notice of such cessation, to the end that any Tenant shall have a reasonable opportunity to connect (or convert as the case may be) to an alternate utility service. Landlord agrees to cooperate with Tenant with such connection and/or conversion. Landlord and Tenant acknowledge that at the time of delivery of possession of the Services cannot be separately billed or metered Premises to the Premises, or if any of the Services are not separately metered as of the Commencement DateTenant, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as only Landlord provided in Paragraph 12 below, except that Tenant's proportionate share of such Services central utility system shall be the percentage obtained by dividing chilled water/hot water service described on Exhibit F hereof provided for purposes of heating, ventilating and air conditioning the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such ServicesPremises. The lack or shortage of any Services due to any cause whatsoever Water, electric, telephone cable, sewer and natural gas shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended be available to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48with connections to main lines to be provided by Tenant) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder and shall be equitably abated separately metered to and controlled by Tenant and shall be billed directly to Tenant by the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredapplicable public utility.

Utilities. Landlord agrees to provide, provide at its cost, cost water, electricity and telephone service connections into the Premises; premises, but Tenant shall pay during the Lease Term and prior to delinquency for all charges for water, gas, heat, light, heat, power, electricitytelephone, telephone sewer, sprinkler charges and other utilities and services used on or other communication servicefrom the premises, janitorial servicetogether with any taxes, trash pick-uppenalties, surcharges or the like pertaining thereto and any maintenance charges for utilities and shall furnish all electric light bulbs and tubes. Gas and electric service shall be separately metered to the premises and Tenant shall contract directly with the utilities for such services. With respect to water, sewer and any other service not separately metered to the premises, Tenant shall pay a reasonable proportion as determined by Landlord of all charges jointly metered with other premises. Landlord shall in no event be liable for any interruption or failure of utility services supplied to or consumed on the Premises premises. "In the event water is not separately metered to Tenant, Tenant agrees that it will not use water for uses other than normal restroom usage; and, Tenant does further agree to reimburse Landlord for the entire amount of common water costs as additional rental if, in fact, Tenant uses water for uses other than normal restroom uses without first obtaining Landlord's written permission. "Tenant agrees it will not use sewer capacity for any use other than normal, domestic restroom use. Tenant further agrees to notify Landlord of any other sewer use (collectively the "Servicesexcess sewer use") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange also agrees to reimburse Landlord for Services the costs and expenses related to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior excess sewer use, which shall include, but is expressly herein not limited to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost acquiring additional sewer capacity to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that service Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredlease."

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

Utilities. Landlord Throughout the term of this Lease Tenant agrees to provide, at its cost, water, pay for all water natural gas electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other utility services supplied furnished to or consumed on by Tenant in the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied due with respect to the Premises and shall contract for all of the Services in Tenant's name Property prior to the Commencement Date. The Commencement Date Tenant's obligations under this Section 12 shall survive the expiration or sooner termination of this Lease. Unless caused by the gross negligence or intentional misconduct of Landlord or Landlord's agents or employees, Landlord shall not be delayed by reason liable to Tenant or any other person or entity for any loss, damage or expense which may be sustained if the quality or character of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered electric service other utility service furnished to the PremisesPremises is changed, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that service is no longer available or suitable for Tenant's proportionate share requirements or if the service ceases or is interrupted or impaired by fire other casualty or Act of such Services shall be God the percentage obtained making of necessary repairs or Improvements or by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Servicesany causes beyond Landlord's control. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence Notwithstanding anything to the contrary notwithstandingset forth in this Section 12, Landlord hereby agrees that if Services are curtailed there is an interruption or suspended discontinuance of gas, water, sewer or electric utilities to the Premises that renders the Premises untenantable and such interruption or discontinuance is Within Landlord's reasonable control (other than an interruption resulting from a casualty as a result of the acts or negligence or willful misconduct of Landlord described in, Section 14 hereof) and continues for a period of forty-eight two (482) or more consecutive hours during the Lease Termbusiness days after Landlord receives notice thereof from Tenant (hereinafter referred to as an "Unauthorized Interruption"), then Tenant's Rent payable hereunder minimum annual rent shall abate commxxxxxg at the end of said 2-day period and continuing until such time as the Premises is rendered tenantable if Landlord has failed to correct or remediate the cause of such Unauthorized Interruption (or has failed to commence to cure such cause or remediate such interruption if it cannot be equitably abated fully cured or reasonably remediated within such 2-day period). In any case if the Unauthorized Interruption is the result of any misconduct or negligent acts on the part of Tenant its agents or employees, or due to Tenant's failure to comply with the provisions hereof. Tenant's rent shall not abate excexx xx the extent of Landlord's recovery with regard to the extent such curtailment or suspension of Services interferes with Tenant's Premises under its rental insurance if Tenant continues to nonetheless use any part of the Premises (as reasonably determined by Landlord for conducting its business, the rent shall abate only xx xroportion to the part rendered untenantable and Tenant) following such forty-eight (48) hour period until such Services are restorednot so used.

Utilities. Landlord agrees To the extent permitted by applicable utility service providers, Tenant shall transfer all utility accounts into Tenant’s name promptly upon taking possession of the Premises. Tenant shall pay, prior to providedelinquency, at its costfor all utilities (including, without limitation, gas, electricity, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all trash), and for cable, internet and other similar services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, as applicable, regardless of whose name the accounts are in. Landlord makes no representation or if warranty as to any of the Services are utilities or services and shall not separately metered as of the Commencement Datebear any responsibility or liability in connection with such utilities or services, the cost of such Services including but not limited to liability for service interruptions. HOUSE RULES: There shall be an Operating Expense and no smoking anywhere within the house, garage or any other structure located at the Premises. Tenant shall pay such cost not permit any occupant, guest or invitee to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Servicesviolate this rule. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's only use of the Premises (shall be as reasonably determined a private residence. Other than Tenant’s immediate family members, no other persons shall reside in the Premises without the written consent of Landlord. Up to three guests shall be permitted to stay at the Premises, but not for more than seven days without prior written approval of Landlord. No pets shall be brought or allowed on the Premises without the prior consent of Landlord, in Landlord’s sole discretion. Pet privileges, if granted, may be revoked at any time by Landlord if cleanliness or property damage issues arise. Tenant shall not keep or have at or around the Premises any item of a dangerous, flammable or explosive nature that might unreasonably increase the risk of fire or explosion at or around the Premises or that might result in increased premiums or otherwise be considered hazardous by an insurance company. Tenant shall not cause or permit any lien or encumbrance to be filed or recorded against the Premises. Tenant, its occupants, guests and other invitees shall not behave in any manner that is unlawful, disorderly or that disturbs the neighbors or other persons. A copy of the additional house rules and regulations, if any, has been provided to Tenant) following such forty-eight (48) hour period until such Services . Tenant shall abide by, and shall cause Tenant’s family members, occupants, guests and other invitees to abide by all house rules, which are restoredincorporated herein by reference and hereby made part of this Agreement. Tenant shall be solely responsible and liable for the conduct of all of Tenant’s occupants, guests and other invitees.

Utilities. Landlord agrees shall provide customary utility lines stubbed to providethe Premises, including supply and return lines for air conditioning, in the manner and to the extent set forth in the Work Letter. Except as otherwise provided in the Work Letter, the distribution of utility lines within the Premises shall be the responsibility of Tenant, at its Tenant's cost, water, electricity and telephone service connections into the Premises; but . Tenant shall pay during all "hook-up fees," connection charges and other similar charges which may be levied by utility provides as a fee for connecting the Lease Term and prior Premises to delinquency the utility supply. Landlord shall pay for all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-uppower and electric current, sewer and all other services supplied utilities (including sewer usage charges, but not sewer "hook-up fees" or connection charges) used by Tenant in the Premises; Tenant acknowledges that, because of the nature of the Premises, Tenant might not have access to the controls for heating,air conditioning or consumed on lighting at the Premises (collectively and shall not attempt to make any changes to such controls located outside the "Services") Premises. Landlord, at Landlord's cost, shall provide Tenant with one telephone line and all taxes, levies, fees or surcharges therefora house phone. Tenant shall arrange be responsible for Services local and long distance service. Tenant may at Tenant's expense, install other telephone lines (including pay telephones), provided the same are not incompatible with the Hotel's telephone system. Landlord, at Landlord's cost, shall provide garbage service for the Premises; provided that Tenant shall be responsible for removing garbage from the Premises and transporting the same to Landlord's designated trash enclosure or dumpster. In addition, heating, air conditioning, sewer, hot, cold and chilled water and natural gas (for cooking purposes) shall be supplied to the Premises without additional cost to Tenant. Heat and air conditioning shall contract for all be supplied so as to maintain comfort levels in keeping with those of the Services Hotel and, in any event, so as to keep the Premises reasonably comfortable at all times. Hot, cold, and chilled water shall be supplied in such quantities and at such temperatures as are suitable for Tenant's name prior operations. Landlord may, from time to time, prescribe reasonable rules and regulations for the Commencement Dateimplementation of this Section. The Commencement Date Tenant shall not install any equipment which can exceed the capacity of any utility facilities serving the Premises and if any equipment installed by Tenant requires additional utility facilities, the same shall be installed at Tenant's expense in compliance with all code requirements and plans and specifications which must first be approved in writing by Landlord, which approval shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredunreasonably withheld.

Utilities. Landlord AGENT is responsible for providing the following utilities only: NONE. The TENANT agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges and deposits for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied utilities and TENANT agrees to have all accounts for utilities immediately place in TENANT name with accounts kept current throughout occupancy. Garbage and/or trash removal is considered a utility under this lease. If the utilities which TENANT is responsible for are still in AGENT’s name at the time TENANT takes occupancy, TENANT agrees that AGENT shall order such utilities to be terminated. VEHICLES: Vehicle(s) must be currently licensed, owned by TENANT, registered, operational and properly parked. TENANT agrees to abide by all parking rules established now or consumed in the future by AGENT or condo/homeowner association’s rules, if applicable. No trailers, campers, vehicles on blocks, boats or commercial vehicles are allowed on or about the premises without AGENT’s prior written approval. TENANT is not to repair or disassemble vehicles on the Premises (collectively premises. Vehicles not meeting the "Services") above requirements and all taxes, levies, fees or surcharges thereforadditional rules of AGENT are unauthorized vehicles subject to being towed at TENANT expense. Tenant shall arrange Parking on the grass is prohibited. TENANT agrees to indemnify AGENT for Services to be supplied any expenses incurred due to the Premises towing of any vehicle belonging to the guest or invitee of TENANT. MAINTENANCE/INSPECTION: TENANT agrees that they have fully inspected the premises and shall contract for all accepts the condition of the Services premises in Tenant's name prior to “as is” condition with no warranties or promises express or implied. TENANT shall maintain the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Servicespremises in good, clean and tenantable condition throughout the tenancy keep all plumbing fixtures in good repair, use all electrical plumbing, heating, cooling, appliances and other equipment in a reasonable manner, removing all garbage in a clean and sanitary manner. In the event that TENANT or TENANT’S guest or invitees cause damage to the premises, AGENT may at its option repair same and TENANT shall pay for the expenses of same on demand or AGENT may require TENANT repair same, all charges incurred as additional rent. TENANT shall be fully responsible for, and agrees to maintain and repair at TENANT’S expense, the following: A/C FILTERS, LIGHTBULBS, EXTERMINATION, LAWN/SHRUBBERY, LOCKS/KEYS, SCREENING, and SMOKE ALARM(S). In the event a major repair to the premises must be made which will necessitate the TENANT’S vacating the premises, AGENT may as its option terminate this agreement and TENANT agrees to vacate the premises holding AGENT harmless for any damages suffered if any. TENANT shall notify AGENT immediately of any maintenance needed, or repair on the portal of the Services cannot be separately billed or metered to property management website. TENANT agrees that they shall immediately test smoke detector(s) and shall maintain same. All Appliances located at the Premises, or if any property are there solely at the convenience of the Services are tenant. If appliance is broke or not separately metered as working due to neglect of the Commencement Datetenant, the cost of such Services shall be an Operating Expense and Tenant tenant shall pay such cost for repairs. Thermostat should be set at nothing lower than 68 degrees in summer months as this may cause unit to Landlordfreeze up. Damage caused by rain, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack hail or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises wind as a result of leaving windows or doors open, or damage caused by overflow of water, or stoppage of waste pipes, breakage of glass, damage to screen, deterioration of lawns and landscaping, where caused by abuse or neglect is the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use responsibility of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredTENANT.

Utilities. Landlord agrees shall arrange for the supply of gas and electricity to providethe Leased Premises and Tenant shall reimburse Landlord for the cost thereof pursuant to Paragraph 3.1. Tenant shall arrange for and provide water service to the entirety of the Property, at its costshall obtain such service in Tenant's name and shall pay the monthly charges therefor, subject to Tenant's right of offset in Paragraph 3.2 hereof. Tenant shall arrange directly for any other utility services to be provided to the Building. Tenant shall be responsible for determining if the local supplier of water, gas and electricity can supply the needs of Tenant and telephone service connections into whether or not the Premises; but existing water, gas and electrical distribution systems within the Building and the Leased Premises are adequate for Tenant's needs. Tenant shall be responsible for determining if the existing sanitary and storm sewer systems now servicing the Leased Premises and the Property are adequate for Tenant's needs. Subject to Paragraph 3.3 hereof, Tenant shall pay during the Lease Term all charges and prior to delinquency all special charges for water, gas, lightelectricity and storm and sanitary sewer services, heat, power, electricity, telephone or and other communication service, janitorial service, trash pick-up, sewer waste discharge services and all other services permits as so supplied to the Leased Premises, irrespective of whether or consumed on not the services are maintained in Landlord's or Tenant's name, provided that Tenant shall be required to pay only for the actual cost of such services. Either party hereto, at its sole cost and expense, hereto may cause the Leased Premises (collectively or the "Services") and all taxesBuilding to be separately metered for gas, levieselectricity and/or water, fees or surcharges therefor. in which case Tenant shall arrange for Services any such separately metered service to be supplied to the Premises and shall contract for all of the Services put in Tenant's name prior and shall pay the cost for such service directly to the Commencement Date. The Commencement Date utility provider, in which case Expenses shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, include the cost of any such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that service paid directly by Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during directly to the Lease Term and prior to delinquency proper authorities charged with the collection thereof all charges for water, sewer, gas, light, heat, power, electricity, telephone and other utilities or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to used or consumed on the Premises Premises, whether called charge, tax, assessment, fee or otherwise, including, without limitation, water and sewer use charges and taxes, if any, all such charges to be paid as the same from time to time become due. If Tenant is not charged directly by the respective utility for any of such utilities or services, Tenant shall from time to time, within 20 days of receipt of Landlord's invoice therefor, pay to Landlord Tenant's Proportionate Fraction of the total of such charges for the Building and Lot provided that, at Landlord's option, all such charges shall be payable by Tenant in accordance with Section 4.2.5. It is understood and agreed that (collectively i) Landlord shall be responsible for bringing such utilities to a common switching point(s) at the Building, which, in the case of electricity shall mean the switch gear and not the transformer (collectively, the "ServicesUtility Switching Points") as shown on plans described in Exhibit B at Landlord's cost and expense; (ii) Tenant shall pay for any and all taxes, levies, fees or surcharges therefor. Tenant costs to connect such utilities from such Utility Switching Points to the Building; (iii) Landlord shall arrange for Services be under no obligation to be supplied furnish any utilities to the Premises and shall contract for all of (beyond the Services in Tenant's name prior foregoing responsibility to bring such utilities to the Commencement Date. The Commencement Date Utility Switching Points and as may be shown on the plans described in Exhibit B); and (iv) subject to Section 3.2 hereof, Landlord shall not be delayed by reason liable for any interruption or failure in the supply of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered such utilities to the Premises; provided, however, that in the event such loss or if any of failure is due to Landlord's negligence or willful misconduct, Landlord shall be responsible for restoring the Services are not separately metered as of the Commencement Date, the cost supply of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended utilities to the Premises as a result but otherwise shall have no liability to Tenant. Without limitation of the acts foregoing, in the event of a Casualty or negligence Taking, if Landlord and Tenant reasonably determine and agree that utilities will not be repaired or willful misconduct restored so as to be available at the Utility Switching Points within one year after the occurrence of Landlord for a period of forty-eight (48) consecutive hours during the Lease Termsuch Casualty or Taking, then Tenant's Rent payable hereunder Tenant shall be equitably abated have the right to terminate this Lease by notice given within 30 days after the extent date of such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoreddetermination.

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

Utilities. Landlord agrees 14.1. Sublessor shall bring or shall cause utility lines to providebe brought to the boundary of the Subleased Premises at the points existing as of the Term Commencement Date or such other points as may be designated by Sublessor (in consultation with Sublessee). The utility lines shall have the capacities existing as of the Term Commencement Date which Sublessee acknowledges are sufficient to enable Sublessee to obtain for the buildings at the Subleased Premises, at its costas of the date of commencement of Sublessee's activities, sufficient 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 and sewer service. Sublessee shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, or other communication servicefacilities by which such utilities are supplied to, janitorial servicedistributed 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, trash pick-upsuch installation shall be subject to Sublessor's prior written approval of Sublessee's plans and specifications therefor, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date which approval shall not be delayed unreasonably withheld. If such installation is approved by reason 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 or over any structure on the Subleased Premises and further provided the Sublessor in exercising such reserved right shall provide reasonable prior notice and the opportunity to confer with Sublessee and shall exercise reasonable efforts to avoid or minimize interference with use of the Subleased Premises. Sublessor, at its 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 so long as such alteration does not result in an interruption of service during such change and so long as such alteration does not result in an increase in the cost of any failure such utilities. Sublessee agrees to execute and deliver to Sublessor such documentation as may be required to effect such alteration. Sublessee agrees to pay all charges for the above enumerated utilities supplied by Tenant Sublessor, public utility or public authority, or any other person, firm or corporation. Sublessor shall have the option to so contract for Services. In the event that supply any of the Services canabove enumerated utilities to the Subleased Premises. If Sublessor shall elect to supply any of such utilities to the Subleased Premises, Sublessee will purchase its requirements for such services tendered by Sublessor, and Sublessee will pay Sublessor, within ten (10) days after mailing by Sublessor to Sublessee of statements therefor, at the applicable rates determined by Sublessor from time to time which Sublessor agrees shall not be separately billed in excess of the public utility rates or metered competitive market rates if available for the same service if applicable to other aviation tenants at the Premises, or if Airport. If Sublessor so elects to supply any of such utilities, Sublessee shall execute and deliver to Sublessor, within ten (10) days after request therefor, any documentation reasonably required by Sublessor to effect such change in the Services are not separately metered as method of the Commencement Date, the cost furnishing of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredutilities.

Utilities. Landlord agrees shall provide mains and conduits to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for supply water, gas, lightelectricity and sanitary sewage to the Property. Tenant shall pay, heatwhen due, powerdirectly to the appropriate provider, all charges for sewer usage or rental, garbage disposal, refuse removal, water, electricity, gas, fuel oil, L.P. gas, telephone and/or other utility services or other communication service, janitorial service, trash pick-up, sewer energy source separately metered and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied furnished to the Premises and shall contract for all during the Term of the Services in Tenant's name prior this Lease, or any renewal or extension thereof, together with any related installation or connection charges or deposits (“Utility Costs”). If any services or utilities furnished to the Commencement DatePremises are jointly metered with other premises, Landlord will make a commercially reasonable determination of Tenant’s proportionate share of such Utility Costs and Tenant, within thirty (30) days following Tenant’s receipt of an invoice therefore, shall pay such share to Landlord as Additional Rent. The Commencement Date shall not be delayed by reason of For any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered utility service furnished to the Premises, or if any of the Services are Premises not separately metered metered, such as water and sewer, Landlord shall have the right, at its sole election and at any time, to install at Tenant’s expense a submeter to measure the Premises’ use of the Commencement Datesuch utility service, in which event Tenant, within thirty (30) days following Tenant’s receipt of an invoice therefore, shall reimburse Landlord from time to time as Additional Rent for the cost of such Services utility service used by the Premises. If Landlord elects to furnish any of the foregoing utility services or other services furnished or caused to be furnished to Tenant, then the rate charged by Landlord shall not exceed the rate Tenant would be required to pay to a utility company or service company furnishing any of the foregoing utilities or services. The charges thereof shall be an Operating Expense and Tenant shall pay such cost to Landlord, as deemed Additional Rent, as provided Rent in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Servicesaccordance with Article 3. The lack or shortage of any Services due to any cause whatsoever Landlord shall not affect any obligation of Tenant hereunderbe liable for, and Tenant shall faithfully keep and observe all the terms, conditions and covenants not be entitled to any abatement or reduction of this Lease and pay all Rentals due hereunder, all without diminution, credit Base Rent or deduction. The immediately preceding sentence Additional Rent by reason of Landlord’s failure to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result furnish any of the acts foregoing utilities, when such failure is caused by accident, breakage, repairs (including replacements), strikes, lockouts or negligence other labor disturbances or willful misconduct labor disputes of Landlord any character, or for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredany other causes.

Utilities. Landlord agrees Tenant shall pay directly for all utilities and services supplied to providethe Premises, at its costincluding, without limitation, electricity, telephone, security, gas, water, electricity trash removal and telephone service connections into cleaning of the Premises; but , together with any taxes thereon. There shall be no abatement of rent and Landlord shall not be liable in any respect whatsoever for the inadequacy, stoppage, interruption or discontinuance of any utility or service. Upon Landlord’s request, Tenant shall pay during the Lease Term and prior deliver to delinquency Landlord copies of all charges bills for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be separately metered utilities supplied to the Premises for the past twelve (12) month period within ten (10) days of Landlord’s request. At Landlord’s option, Landlord may maintain a telephone line or lines in Landlord’s name for a security alarm system and/or fire-life/safety system for the Premises, the cost of which shall be reimbursed by Tenant within ten (10) days of demand or estimated monthly and paid as part of Operating Expenses under Paragraph 3.2. Under no circumstances shall contract any public safety power shutoff (“PSPS”), planned maintenance outage or other power shutoff by SDG&E or any other utility provider render Landlord liable to Tenant for all abatement of Rent. Notwithstanding anything to the contrary contained in this Lease, if the Premises are rendered unusable for the normal conduct of Tenant’s business and Tenant, in fact, ceases to use and occupy such portion of the Services in Tenant's name prior Premises for the normal conduct of its business as a result of (a) any repair, maintenance, alteration or other work performed by Landlord (including those required or permitted by Landlord under this Lease), or which Landlord failed to perform, after the Commencement Date. The Commencement Date shall not be delayed and required by reason this Lease, which substantially interferes with Tenant’s use of any failure by Tenant or ingress to so contract for Services. In or egress from the event that any of Building, the Services cannot be separately billed Building parking facility or metered to the Premises, or if (b) the failure or interruption of any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except essential utility service that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises is caused by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or active negligence or willful misconduct or Landlord or any Landlord Parties and where restoration of such utility service is within the reasonable control of Landlord (in either case under subparagraph (a) or subparagraph (b) above, an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent and Tenant’s Share of Operating Expenses shall be abated or reduced, as the case may be, after the expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of forty-eight (48) consecutive hours during time in excess of the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to Eligibility Period and the extent such curtailment or suspension of Services interferes with Tenant's use remaining portion of the Premises (as reasonably determined by Landlord is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Base Rent and Tenant) following ’s Share of Operating Expenses for the entire Premises shall be abated for such forty-eight (48) hour period until time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies and conducts normal business operations in any portion of the Premises during such Services are restoredperiod, 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 Tenant reoccupies and conducts normal business operations in such portion of the Premises.

Utilities. Landlord agrees (a) Commencing on the Commencement Date, and continuing throughout the Term, Tenant shall pay for utility services as follows without setoff, deduction, or counterclaim: (i) Tenant shall pay directly to provide, at its cost, water, electricity and telephone the applicable utility service connections into provider for any utilities that are separately metered to the Premises; but (ii) Tenant shall pay during Landlord as Additional Rent for any utilities that are separately submetered to the Lease Term Premises based upon Tenant’s submetered usage, as well as for any maintenance and prior replacement costs associated with such submeters; (iii) Tenant shall pay Landlord as Additional Rent for its proportionate share of any utilities serving the Premises that are not separately metered or submetered based upon its share of the area served by the applicable meter or submeter; and (iv) Tenant shall pay Landlord as Additional Rent for Tenant’s Share of all utilities serving the Project, excluding the costs of utilities that are directly metered or submetered to delinquency Building tenants or paid separately by such tenants (“Project Utility Costs”). As of the date hereof, to Landlord’s actual knowledge, but without prejudice to Landlord’s right to make modifications from time to time: • Electric for the Premises is paid per proportionate share and paid per subsection (iii) above. • Gas for the Premises is not provided at this time. • Water/Sewer for the Premises is paid per proportionate share and paid per subsection (iii) above. • Oil for the Premises is not provided at this time. Notwithstanding anything to the contrary in this Lease, Landlord shall have the right to install meters, submeters, or other energy-reducing systems in the Premises at any time to measure any or all utilities serving the Premises, the costs of which shall be included in Project Expenses. For those utilities set forth in subsections (ii) – (iv) above, Landlord shall have the right to estimate the utility charge, which estimated amount shall be payable to Landlord within 20 days after receipt of an invoice therefor and may be included along with the invoice for Project Expenses, provided Landlord shall be required to reconcile on an annual basis based on utility invoices received for such period. The cost of utilities payable by Tenant under this Section shall include all applicable taxes and Landlord’s then-current charges for waterreading the applicable meters, gasprovided Landlord shall have the right to engage a third party to read the submeters, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or Tenant shall reimburse Landlord for both the utilities consumed on as evidenced by the Premises (collectively meters plus the "Services") and all taxes, levies, fees or surcharges costs for reading the meters within 20 days after receipt of an invoice therefor. Tenant shall arrange for Services pay such rates as Landlord may establish from time to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date time, which shall not be delayed by reason in excess of any failure applicable rates chargeable by Tenant to so contract for Services. In the event that any Law, or in excess of the Services cangeneral service rate or other such rate that would apply to Tenant’s consumption if charged by the utility or municipality serving the Building or general area in which the Building is located. If Tenant fails to pay timely any direct-metered utility charges from the applicable utility provider, Landlord shall have the right but not be separately billed or metered the obligation to pay such charges on Tenant’s behalf and bxxx Tenant for such costs plus the PremisesAdministrative Fee (as defined in Section 17), or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services which amount shall be an Operating Expense and Tenant shall pay such cost payable to Landlord, Landlord as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share Rent within 20 days after receipt of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredan invoice therefor.

Utilities. Landlord agrees Gas, steam, electricity and other public utility charges (other than any such charges which are payable by Tenants of the Properties directly to providethe applicable utility company pursuant to such Tenants' Leases, at its costfor which no adjustment will be made) will be paid by the Seller to the utility company through the Closing Date. The Seller shall arrange for a final reading of all utility meters (covering gas, water, electricity steam and telephone service connections into electricity) as of the Premises; but Tenant Closing, except meters the charges of which are payable by Tenants of the Properties directly to the applicable utility company pursuant to such Tenants' Leases. The Seller and the Buyer shall jointly execute a letter to each of such utility companies advising such utility companies of the termination of the Seller's responsibility for such charges for utilities furnished to the Properties as of the date of the Closing and commencement of the Buyer's responsibilities therefor from and after such date. If a xxxx is obtained from any such utility company as of the Closing, the Seller shall pay during such xxxx on or before the Lease Term and prior to delinquency Closing. If such xxxx shall not have been obtained on or before the Closing, the Seller shall, upon receipt of such xxxx, pay all such utility charges for water, gas, light, heat, power, electricity, telephone as evidenced by such xxxx or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied bills pertaining to the Premises and shall contract for all of the Services in Tenant's name period prior to the Commencement DateClosing, and the Buyer shall pay all such utility charges pertaining to the period thereafter. The Commencement Date Any xxxx which shall be rendered which shall cover a period both before and after the date of Closing shall be apportioned between the Buyer and the Seller as of the Closing. Monthly fees payable to any Seller hereunder with respect to any Property for cable, internet or phone services for such Property shall be prorated as of the applicable Closing; provided, however, that any up-front fees and any reimbursement of expenses paid or payable to such Seller or any predecessor in interest in connection with cable, internet or phone services for each of the Properties (except for the Xxxxxx Property, the Xxxxx Xxxx Xxxxx 0 Property and the 1160 Xxxxxxx Property), shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premisesprorated, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing property of such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderSeller, and Tenant Buyer shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deductionremit any such sums to Seller immediately upon receipt thereof. The immediately preceding sentence With respect to the contrary notwithstandingXxxxxx Property, Landlord agrees that the Xxxxx Xxxx Xxxxx 0 Property and the 1160 Xxxxxxx Property, from and after the applicable Closing, the Buyer shall be entitled to receive and retain any up-front fees payable under any Approved CIP Contracts (and Seller shall promptly remit any such sums to Buyer if Services are curtailed or suspended received by Seller after the Closing). If Seller receives any up-front fees payable under any Approved CIP Contracts prior to Closing, Buyer shall receive a credit against the Purchase Price for the applicable Property at Closing in an amount equal to such up-front fee. At the applicable Closing, Buyer shall reimburse the applicable Seller for any costs incurred by such Seller under any Approved CIP Contract beyond the costs of such Seller providing (i) conduit access from the street to the Premises as a result data communication closets of the acts or negligence or willful misconduct applicable Property and (ii) phone and coaxial wiring in each unit of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated such Property back to the extent central media panel in such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredunit.

Utilities. Landlord District agrees to providefurnish or cause to be furnished to the Facilities necessary utilities. Utilities include, at its costbut are not limited to, are electrical, natural gas, sewer, waste disposal/recycling and water services. Due to cost containment efforts by the District, the number of bins associated with the Site(s), the bin capacities and the number of removals per week shall not increase during the Term. The District’s failure to furnish or cause to be furnished necessary utilities when such failure is caused by (i) Acts of God or other acts beyond the control or fault of the District; (ii) strikes, lockouts, or other labor disturbances or labor disputes of any kind; (iii) any laws, rules, orders, ordinances, directions, regulations, requirements, or any other action by federal, state, county or municipal authority; (iv) inability despite the exercise of reasonable diligence by the District to obtain electricity, water, electricity and telephone service connections into or fuel; or (v) any other unavoidable delay, shall not cause the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services District to be supplied to the Premises in default and shall contract for all not result in any liability of the Services in Tenant's name prior to the Commencement DateDistrict. The Commencement Date Charter School shall not be delayed by reason of any failure by Tenant to so contract reimburse the District for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services utilities at the Site, as charged to the District by its utility providers, pro-rated to reflect use by other users of the Site. Prior to the commencement of the 2013-2014 school year, the District shall be an Operating Expense and Tenant endeavor to notify the Charter School of its estimated monthly charge for utilities. The Charter School shall pay such charge to the District throughout the Term on a monthly basis concurrent with the Charter School’s payment of the Facilities Use Fee to the District pursuant to Section 4 of this Agreement. Within one hundred twenty (120) days after the expiration or earlier termination of this Agreement, the District shall provide the Charter School with a reconciliation of the Charter School’s actual utility usage throughout the Term and the cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Servicesthereof. The lack District shall either refund the Charter School for any overpayment or shortage of shall invoice the Charter School for any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deductionunderpayment. The immediately preceding sentence Charter School shall reimburse the District for such underpayment, if any, within thirty (30) days after receipt of said invoice. The Charter School shall comply with all District energy conservation policies in regard to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (Facilities, as reasonably determined by Landlord amended from time to time, including, but not limited to, Board Policy 3511 and Tenant) following such forty-eight (48) hour period until such Services are restoredthe District’s Energy Education program.

Utilities. Landlord agrees We ll pay for the following utilities: You ll pay for all other utilities, related deposits, and any charges, fees, or services on such utilities. We do not guarantee or warrant that there will be no interruption of utility service. You shall 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. Any utility including the water bill that is owed to provide, at its cost, water, electricity the landlord is considered additional rent and telephone service connections into therefore collectible in rent court. Water Payments are due within 30 days of receipt of the Premises; but Tenant shall bill by the tenant. Failure to pay during water invoices will result in a onetime late of 5% of the Lease Term and prior bill amount. Payments will always be applied to delinquency all charges for waterthe oldest outstanding In the event certain utilities such as electricity, gas, lightwater and sewer services are not supplied by the Landlord/Agent, heatTenant , powerupon execution of this Lease, electricity, telephone shall contract with the appropriate public utility and pay all charges assessed or other communication service, janitorial service, trash pick-up, sewer and imposed during the term hereof for all other services supplied utilities supplies to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees whether occupied or surcharges thereforvacant. Tenant shall arrange be charged for Services to be supplied to 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 xxxxxxxx incurred by Tenant by received by Landlord after Xxxxxx takes possession of the Premises and shall contract and/or vacates the Premises. Tenant will be responsible for all any liability due to disconnection or discontinuance of the Services in Tenant's name prior to the Commencement Dateany such utility service. The Commencement Date Landlord/Agent shall not be delayed by reason liable for any failure, interruption or stoppage of gas, electric and/or water at any failure by time when beyond Landlord/Agent’s reasonable control and Tenant to so contract for Servicesexpressly releases Landlord/Agent of all liability in connection therewith. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services It shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants a material breach of this Lease and pay all Rentals the Tenant’s tenancy if any utility service, contracted for by Tenant, such as water, sewer, gas and/or electric services, are discontinued due hereunderto some act or omission by the Tenant. Tenant further agrees that when the outside temperature falls below 40 degrees Fahrenheit, all without diminution, credit or deduction. The immediately preceding sentence Tenant shall maintain a temperature within the Premises not below 55 degrees Fahrenheit in order to avoid damage to the contrary notwithstanding, Landlord Premises. Xxxxxx further agrees and acknowledges that if Services are curtailed or suspended to the Premises as a result came with light bulbs and fuses at the commencement of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder term and shall not be equitably abated responsible to the extent provide such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoreditems to Tenant at any time thereafter.

Utilities. Landlord agrees In addition to provideall other sums Tenant is required to pay pursuant to this Lease, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall be solely responsible for and shall pay during the Lease Term and as additional rent prior to delinquency all charges for electricity, telephone, water, gasgas (if any), light, heat, power, electricity, telephone or heat and any other communication service, janitorial service, trash pick-up, sewer and all other services supplied to utilities used or consumed on the Premises (collectively from and after the "Services") and date Tenant first takes possession of the Premises. If the Premises are separately metered by the utility service company Tenant agrees to pay all taxescharges therefor attributable to the Lease term directly to the appropriate utility service company before delinquency, levieswhether the statement or invoice therefor is delivered to Tenant during, fees or surcharges thereforafter expiration of, the Lease term. If the Premises are separately metered by the Landlord, Tenant agrees to pay all charges therefore attributable to the Lease term directly to Landlord before delinquency, whether the statement or invoice therefore is delivered to Tenant during, or after expiration of, the Lease term. Tenant shall arrange for Services pay to Landlord before delinquency its pro-rata share of the costs of any utility services that are not separately metered. Tenant’s pro-rata share shall be supplied equal to the Premises and shall contract for all of the Services in ratio which Tenant's name prior ’s rentable ground floor area bears to the Commencement Datetotal rentable ground floor area which has the benefit of, or receives, the expense or utility service for which Tenant is being charged. The Commencement Date Nothing contained in this Lease shall not limit Landlord in any way from granting or using easements on, across, over, and under the Development for the purpose of providing utility services for Tenant or others. In no event shall Landlord be delayed by reason responsible for any loss, cost, liability or expense of any failure by person or entity resulting from any interruption of utility services to Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to and/or the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services nor shall rent be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises offset as a result of any such interruption, unless any such utility interruption is due to the acts or Landlord’s gross negligence or willful intentional misconduct of Landlord and continues for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated or more after Tenant provides written notice thereof to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLandlord.

Utilities. Landlord agrees to provide5.01. The Parties acknowledge that as of the Commencement Date utilities serving the Premises, at its costbeing electricity, steam, supply water, electricity and telephone sanitary sewer (the “Utilities”) are separately metered with Tenant paying all costs for utility services to the service connections into providers. In the Premises; but event any such Utilities are not separately metered, the Parties agree that the Premises shall be separately metered for the Utilities as soon as reasonably practicable following the Commencement Date. All costs required to effectuate such separate metering shall be borne equally by Landlord and Tenant. The Parties shall cooperate with each other in all reasonable respects in connection therewith. Thereafter Tenant shall pay during the Lease Term and prior to delinquency all charges for waterUtilities serving the Premises directly to the Utility provider. Until such time as electricity or any other Utilities are separately metered to the Premises, gassuch Utilities to the Premises shall continue to be interconnected to Landlord’s utility infrastructure, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and shall be provided to Tenant and paid for in the same manner and subject to the same conditions as all other services supplied Utilities are provided to or consumed Tenant. Until such Utilities are separately metered, Tenant shall pay Landlord for Tenant’s usage thereof (without any surcharge being added by Landlord for overhead) in amounts as reasonably determined by Landlord, subject to Tenant’s reasonable approval. Such payment shall be due within thirty (30) days following delivery of Landlord’s invoice therefor accompanied by reasonably detailed support. Landlord shall not invoice Tenant for Utility usage more frequently than monthly. The following restrictions shall apply with respect to Tenant’s usage of Landlord’s oily water sewer system: (i) only wastewaters containing only water and petroleum products may be discharged therein, (ii) only wastewaters generated from Tenant’s operations on the Premises may be discharged therein, (collectively the "Services"iii) and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to comply with all applicable laws, rules and regulations regarding the Premises use thereof and shall contract for all the discharge of substances therein, and (iv) the daily volume of oily water discharged therein may not materially exceed the volume of the Services in Tenant's name typical daily discharge therein resulting from Landlord’s operation of the Property prior to the Commencement Date. The Commencement Date Landlord shall not be delayed by reason have no obligation to provide telephone service to the Premises or any other utility service of any failure by Tenant to so contract kind except as set forth in this Section. Landlord shall in no event be liable or responsible for Services. In the event that any of the Services cannot be separately billed cessation or metered interruption in, or damage caused by, any utility services provided to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined whether by Landlord or otherwise, unless the cessation or interruption results from Landlord’s intentional misconduct or gross negligence. Terminal 2 and Tenant) following such forty-eight (48) hour period until such Services are restored.3 Ground Lease Rights Agreement

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall arrange and pay during the Lease Term and prior to delinquency for all charges for waterfuel, gas, light, heat, power, electricitywater, telephone sewage, garbage disposal, telephone, and other utility charges, and the expenses of installation, maintenance, use, and service in connection with the foregoing, for the Premises during the Term before delinquency (or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed before they can become a lien on the Premises on account of non-payment thereof, if later) but in any event prior to the Expiration Date. Notwithstanding the foregoing, Tenant shall not be in default for failure to pay utility costs until Tenant has received a Minor Default Notice which includes, in all capital and bold letters, in a size no smaller than the largest print on the Minor Default Notice, the following legend: "FAILURE TO TIMELY TAKE ACTION MAY RESULT IN ENFORCEMENT ACTION” and the opportunity to cure that is afforded Tenant in the definition of Delay Fee under this Lease. Landlord's sole remedies shall be at Landlord’s option to impose a Delay Fee, and/or to pay the delinquent utility costs (collectively the "Services") including any interest and penalties), and/or specific performance, and Tenant waives all taxesdefenses, leviesexcept defense of performance, fees or surcharges thereforin any action brought by Landlord to enforce its rights under this Section. Tenant shall arrange promptly reimburse Landlord for Services to be supplied any payments made and costs incurred under this Section, plus a $500 (increasing 10% at the beginning of the 11th full Lease Year and at the beginning of each 10th full Lease Year thereafter) administrative fee, interest at the Default Interest Rate and Legal Costs. Notwithstanding anything to the Premises and shall contract for all of contrary, should any non-payment under this section result in a lien on the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease TermFee Estate, then Tenant's Rent payable hereunder Landlord shall be equitably abated to have the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredremedies provided for Prohibited Liens.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency cost of all charges for water, gas, heat, light, heat, power, electricitysewer, telephone or other communication servicetelephone, janitorial servicerefuse disposal, trash pick-up, sewer and all other utilities and services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and (collectively, “Utilities”). The Premises is currently separately metered for electricity. Tenant shall contract make payments for all of the Services in Tenant's name prior separately metered utilities, when due, directly to the Commencement Dateappropriate supplier. The Commencement Date If any utilities or services are not separately metered or monitored with respect to the Premises, Tenant shall not pay its Share thereof to landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.4, within thirty (30) days after receipt of a statement from Landlord. Landlord shall in no way be delayed liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of any failure by Tenant to so contract for Services. In change, failure, interruption, interference or defect in the event that any supply or character of the Services cannot be separately billed electricity or metered other utilities supplied to the Premises, except to the extent provided In this Section 10 below. Landlord makes no representation or if warranty as the suitability of the utility service for Tenants 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 Services are not separately metered as of Lease, except to the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as extent provided in Paragraph 12 this Section 10 below, except that Tenant's proportionate share of such Services . Landlord shall not be the percentage obtained by dividing the gross leasable square footage contained liable in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack damages or shortage otherwise for any failure or interruption of any Services utility service, and no such failure or interruption shall entitle Tenant to terminate this Lease or xxxxx the rent due hereunder except to the extent that such failure or interruption Is due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord and prevents Tenant from using all or a portion of the Premises for a period of forty-eight more than five (485) consecutive hours during the Lease Termbusiness days after Landlord’s receipt of written notice from Tenant, then Tenant's Rent payable hereunder in which case rent shall be equitably abated reduced to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredunusable.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall obtain in its own name and pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied directly to the Premises appropriate supplier the cost of all utilities and services serving the Leased Premises, excepting utilities used in constructing the Work. However, if any services or utilities are jointly metered with other property, Landlord shall contract for all make a reasonable determination of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason proportionate share of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall pay such cost share as Operating Expenses, subject to EXHIBIT C, to Landlord within fifteen (15) days after receipt of Landlord's written statement. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other Building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding anything in this Lease to the contrary, Landlord shall use commercially reasonable efforts to promptly restore utility service and in the event restoration of service is within Landlord's control and Landlord negligently fails to restore such service within a reasonable time, thereby causing the Leased Premises to be rendered untenantable (meaning that Tenant is unable to use such space in the then normal course of its business in the Leased Premises) by Tenant for the use permitted under this Lease for more than ten (10) consecutive days, or three (3) consecutive business days if such interruption is the result of a defect in the installation of such utility service that was a part of the Work, after notice from Tenant to Landlord that such service has been interrupted and a reasonable opportunity for Landlord to restore such service. Minimum Annual Rent and Annual Rental Adjustment shall xxxxx on a per diem basis for each day after such ten (10) day or three (3) business day period, as Additional Rentthe case may be, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be during which the percentage obtained by dividing the gross leasable square footage contained in the Leased Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredremain untenantable.

Utilities. Landlord agrees Tenant acknowledges that the building(s) in the Complex in which the Premises is contained is so constructed that all utility services which Tenant shall require during the Term (including, without limitation, running water service and electrical service to provide, at its cost, water, electricity heat the water and telephone service connections into to provide heat to the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied are available to the Premises and shall contract for all by an installation within the exclusive control of the Services in Tenant and supplied by a direct public utility connection. TENANT AGREES TO MAKE APPLICATION FOR, ARRANGE FOR CONNECTION/INITIATION, AND PAY ALL CHARGES FOR, ALL UTILITIES AND OTHER SERVICES WHICH SERVE THE PREMISES (INCLUDING, WITHOUT LIMITATION, ELECTRICAL AND WATER) FOR THE FULL TERM OF THE LEASE AND TO ARRANGE FOR OR DIRECT THAT THE DISCONTINUATION OF ANY OF SUCH SERVICES NOT BE EFFECTIVE UNTIL AFTER THE TERM. Utilities provided by Landlord is (are) .Tenant acknowledges and agrees that Landlord reserves the right to require Tenant's name prior , as a condition to the Commencement Date. The Commencement Date shall not be delayed by reason delivery of any failure by Tenant to so contract for Services. In the event that any possession of the Services cannot be separately billed or metered to the Premises, or if any and/or a condition to be satisfied within the first thirty (30) days of the Services are not separately metered as Term, to provide reasonable confirmation or substantiation (for example, a receipt from each utility provider) that Tenant has arranged for the supply of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended utility services to the Premises as required above. Tenant further acknowledges that, in order to protect and preserve the Premises and the property, equipment and apparatus located therein, Landlord may enter into agreement(s) with utility service providers (for example, Alabama Power) to continue to provide utility service to the Premises in the event service is discontinued, disconnected or interrupted during the Term either by Tenant voluntarily (for example, Tenant requesting discontinuation of service to be effective prior to the expiration of the Term) or involuntarily (for example, when a Tenant fails to timely pay a utility xxxx and service is disconnected as a result of such failure). Tenant agrees that, in any such event, Tenant shall promptly pay and reimburse Landlord, as additional rent, for any and all charges assessed by any utility service provider for periods included in the acts or negligence or willful misconduct Term as a result thereof. Tenant specifically acknowledges and agrees that Tenant shall be in default under the terms of Landlord for a period of forty-eight (48) consecutive hours this Agreement if Tenant fails to maintain utility service to the Premises during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension term of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredthis Lease.

Utilities. Landlord (f) Unless expressly provided in this Agreement, the water heater is not included in the Purchase Price and shall remain chattel property. The Purchaser acknowledges that the water heater for the dwelling may be either (a) a rental water heater in which case the Purchaser agrees to provideexecute a rental contract, at its costif requested, water, electricity and telephone service connections into with the Premises; but Tenant shall pay during designated supplier for the Lease Term and said water heater prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Dateclosing. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered rental rate as of the Commencement Date, date of this Agreement is approximately $48.00 per month plus tax (and any increase that the supplier may levy for the rental water heater) or (b) the Vendor shall install a water heater in the dwelling and the Purchaser agrees to pay to the Vendor the cost of such Services water heater as an adjustment, on closing, together with applicable taxes thereon. In either situation, the Purchaser agrees to take all necessary steps to immediately assume, on closing, all charges for hydro, water, gas and other services and the Vendor may recover any payments made by the Vendor on account of the Property from the Purchaser. The gas meter/water meter/electricity meter is/are not included in the purchase if it/they is/are not the Property of the Vendor. The Purchaser shall pay, or reimburse the Vendor for the cost of the charge made for, or prepayments for, or security performance deposits relating to, any of the water, electricity or gas service, including, without limitation, the cost and/or installation of any meters, and the installation, connection and/or energization fees for any of such services. The Purchaser agrees to accept the utility suppliers designated by the Vendor. Subsequent to the Closing and prior to assumption of the subdivision by the Municipality, if the Purchaser changes any or all of the utility suppliers, the Purchaser shall be an Operating Expense responsible for the repair of any damage caused to the Property and Tenant shall pay neighbouring lands by such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises alternate utility suppliers and any costs incurred by the total gross leasable square footage located in all buildings utilizing such Services. The lack Vendor or shortage of any Services due Subdivider to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all restore the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence Property to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to original state provided by the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.Vendor. ENROLMENT FEE(S):

Utilities. Landlord agrees Owner shall have the option to provide, at its cost, water, electricity and telephone service connections into the Premises; but have: (i) Tenant shall pay during the Lease Term and prior to delinquency promptly all charges for waterheating, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer natural gas and all other services supplied to or consumed electrical service used on the Premises (collectively directly to the "Services") and all taxes, levies, fees or surcharges thereforappropriate public utility company. If Tenant shall arrange for Services fail to be supplied pay any utilities as required above, Owner shall have the 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 Premises same shall constitute Additional Rent hereunder and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure repaid by Tenant to so Owner forthwith; or (ii) Tenant pay all charges for heating, natural gas and electrical service used on the 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 Xxxxxx. 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 that are separately metered shall be paid pursuant to (i) above and all items that are not separately metered shall be paid pursuant to (ii) above. Notwithstanding the above, Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the existing feeders to the Building or the risers or wiring installations. Any risers or wiring to meet Tenant's excess electrical requirements will be installed by Owner at the sole cost and expense of Tenant (if, in Owner's sole judgement, the same are necessary and will not cause permanent damage or injury to the Building or the 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). If initially Tenant is paying all or any public utilities pursuant to (ii) above, Owner may at its option, upon not less than 30 days prior written notice to Tenant discontinue the availability of such 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 Servicesthe supplying of such utility service to the Premises. In the event that any of the Services cannot be Owner deems it appropriate to make available separately billed or metered service to the Premises, Owner may require that separate submeters be installed in or if any of for the Services are not separately metered as of the Commencement DatePremises, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenantat Owner's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderexpense, and Tenant will be billed monthly from such sub-meter in a manner provided hereinbefore, provided that no such sub-metering shall faithfully keep and observe all the terms, conditions and covenants of this Lease and relieve Tenant from its obligation to pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder share of other utility charges under this paragraph. Owner shall not in any way be equitably abated liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the extent such curtailment quantity or suspension character of Services interferes with any utility service is changed or no longer available or is no longer suitable for Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredrequirements.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during directly to the Lease Term and prior to delinquency proper authorities charged with the collection thereof all charges for water, sewer, gas, light, heat, power, electricity, telephone and other utilities or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to used or consumed on the Premises (collectively the "Services") Premises, whether called charge, tax, assessment, fee or otherwise, including, without limitation, water and all sewer use charges and taxes, leviesif any, fees all such charges to be paid as the same from time to time become due. Upon Tenant's request, Landlord shall install separate meters to measure Tenant's consumption of any utility servicing the Premises. If Tenant is not charged directly by the respective utility for any of such utilities or surcharges therefor. services, Tenant shall arrange from time to time, within 20 days of receipt of Landlord's invoice therefor, pay to Landlord the total of such charges for Services the Building and Lot, provided that if said utilities or services are provided to be supplied to the Premises and shall contract for less than all of the Services in Tenant's name prior to rentable space on 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 PremisesLot , or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate its share of said charges based upon the actual consumption shown on any separate meter for such Services shall be the percentage obtained by dividing the gross leasable square footage contained utility or service, and, in the Premises by event there is no such separate meter, based upon the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use area of the Premises (as reasonably determined relative to the area of the entire space to which utilities are provided, or such greater or lesser amount required, in Landlord's reasonable judgment, by Landlord Tenant's disproportionate use of utilities, and provided further that, at Landlord's option, all such charges shall be payable by Tenant in accordance with Section 4.2.5. Without limitation of the foregoing, in the event of a Casualty or Taking, if Landlord's Architect and Tenant's Architect reasonably determines that the Base Building utilities as shown in Exhibit B hereto will not be repaired or restored so as to be available within ninety (90) following days after the occurrence of such forty-eight (48) hour period until Casualty or Taking, then Tenant shall have the right to terminate this Lease by notice given within 30 days after the date of such Services are restoreddetermination. All of the utilities shall be installed in the Building and the Premises in accordance with Exhibit B attached hereto.

Utilities. Landlord All charges for utilities services will be paid promptly by Tenant when due. Lessor shall not be liable for damages occurred for the failure of utilities or services occasioned by strikes, breakage of equipment, failure of source of supply, acts of God, or by any act or cause beyond the control of the Lessor. Tenant agrees to providepay for gas, at its costelectricity, water, electricity trash removal services and telephone service connections into common utilities, including furniture removal connected to the Premises; but Tenant shall pay during premises, in addition to and in the Lease Term and prior to delinquency all charges same manner as rent, by paying for water, either the Tenant’s prorata share and/or fixed utility expense of the cost of gas, light, heat, power, electricity, telephone or other communication service, janitorial servicewater, trash pick-up, sewer removal and common utilities paid by the Lessor during the previous month for the entire complex. (Tenant’s are also responsible for paying any and all other 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). These utilities cannot be disconnected until the move-out date, or the Tenant will be charged a $75.00 fee in addition to any unpaid utility charges. All additional utilities and services supplied not named below (i.e. internet, cable, phone, etc.) are paid by the tenants directly to or consumed on the Premises (collectively company providing said services. If you receive a “high usage” water xxxx it is the "Services") and all taxesresponsibility of the tenants to pay this utility xxxx in full. High usage can be caused from a running toilet, levies, fees or surcharges thereforleaky si nk etc. Tenant shall arrange for Services Water utility overages are not to be supplied disputed by Tenant. You will be responsible to pay this xxxx the Premises month it is posted to your account. The Tenant is required to call Xcel and shall contract for all place their utilities in their names by the first day of the Services in Tenant's name their lease. This service must be set up prior to the Commencement Datetenants move-in date, to begin service on the move-in date. The Commencement Date shall not If tenant fails to place utilities in their names a $75.00 per month fee will be delayed by reason of any failure by Tenant in addition to so contract for Servicesthe actual utility charges until the tenants place the utilities in their names. Air Conditioning Yes No (Air Conditioning is an amenity at your property. In the event that any of service to be performed or parts/units to be replaced we have a right to cure based on the Services cannot availability of parts, technicians and labor pool. BPM will communicate timelines for said repairs as they become available to us.) As listed below, some utility bills are to be separately billed or metered transferred into the tenant’s name and paid directly to the Premisescorresponding utili ty company. If the Tenant fails to transfer the utilities into their name, or if any of Boulder Property Management will pay the Services are not separately metered as of utilities and xxxx it back to the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and will charge the Tenant shall faithfully keep an additional $75.00 fee for every month the utilities have not been transferred into the Tenant’s name. If utilities are unpaid exceeding $200.00 at any time, late fees may apply at the rate of $50.00 for the first day 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 $10.00 for each day after (up to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredmaximum allowed per state law).

Utilities. Landlord agrees to provideCommencing on the Occupancy Date, at its costthe Tenant shall be responsible for the cost of all utilities, including without limitation for the electric, water, electricity sewer, and telephone service connections into all utility costs incurred in connection with the operation of the heating, ventilating and air conditioning units, which are delivered to or consumed at the Premises; but . If not separately metered, the electric and gas shall be sub-metered or checkmetered and said costs shall be paid directly to the utility company providing the same or if the cost is not directly payable to the utility companies supplying utilities or services, then the actual costs incurred by Landlord, net of all discounts and rebates received by Landlord in connection therewith shall be billed to Tenant and payable by Tenant monthly to Landlord together with Tenant’s payment of Basic Rent. Tenant shall pay during the Lease Term for, as part of Common Expenses, all water and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer consumed and all other services supplied to or consumed on utilized at the Premises (collectively and the "Services") and all taxes, levies, fees or surcharges thereforcommon areas. Tenant shall arrange for Services pay with respect to be supplied each calendar year, or portion thereof, within the Term hereof, an annual amount equal to the Premises product of Tenant’s Percentage and the cost to Landlord of all water consumed in and sewer usage charges for the Building during such calendar year, or portion thereof; provided, however, that Tenant shall contract have no obligation to pay for all any such costs (i) to the extent they arise from the use of any utility or service supplied by Landlord to any other occupant of the Services Building, or (ii) associated with utilities and services of a type not provided to Tenant. Such annual amount shall be payable in equal monthly installments as part of Common Expenses, in advance, together with Tenant's name prior to the Commencement Date’s monthly payment of Basic Rent. The Commencement Date cost to Landlord of all water and sewer charges for the Building during any calendar year shall be determined on the basis of the cost to Landlord in effect from time to time pursuant to which Landlord shall then have purchased water and paid for sewer charges for the entire Building. The charges shall be adjusted, if necessary, from time to time (but not more than one time in any calendar year) to appropriately reflect the cost of such charges. In implementation and not in limitation of the foregoing, Tenant shall, together with its monthly payments of Basic Rent, pay to Landlord as additional rent pro rata monthly installments on account of projected water and sewer costs, as reasonably estimated by Landlord based upon the most recent data available. If the total of Tenant’s monthly payments for any calendar year, or portion thereof, is greater than Tenant’s Percentage of the actual cost to Landlord of all water and sewer for such calendar year or portion thereof, Landlord shall refund the difference within thirty (30) days. If the total of such monthly payments is less than Tenant’s Percentage of the actual cost to Landlord of all water and sewer for such calendar year, or portion thereof, Tenant shall pay the difference to Landlord within thirty (30) days after receipt of a xxxx therefore, provided that such xxxx is delivered to Tenant within 30 days of calendar year end. Landlord shall not be delayed liable for the reasonable interruption, curtailment, stoppage or suspension of services and utilities when necessary by reason of accident or emergency or suspension of utility services or when necessary for repairs, alterations, replacements or improvements desirable or necessary in the reasonable judgment of Landlord. Except as set forth below, in the event of any failure by such reasonable interruption, curtailment, stoppage or suspension, there shall be no diminution or abatement of rent, additional rent or other charges due from Tenant to so contract Landlord hereunder and Tenant’s obligations hereunder shall not be affected or reduced, such interruption, curtailment, stoppage or suspension shall not constitute a constructive eviction of the Tenant, and the Landlord shall have no responsibility or liability for Servicesany such interruption, curtailment, stoppage or suspension. In the event that any such interruption, curtailment, stoppage or suspension continues for a period in excess of fourteen (14) consecutive days, and so long as the interruption curtailment, stoppage or suspension has not been caused by Tenant’s negligent or willful act or omission, Tenant’s obligations from and after the 14th day to pay rent, additional rent or other charges and all other costs and expenses herein shall be equitably abated based on Tenant’s loss of use of the Services cannot Premises. Electrical service to the Premises may be separately billed furnished by one or metered more companies providing electrical generation, transmission and distribution services, and the cost of electricity may consist of several different components or separate charges for such services, such as generation, distribution and stranded cost charges. The Landlord shall have the exclusive right to select any company providing electrical service to the Premises, or if any of to aggregate the Services are not separately metered as of electrical service for the Commencement Date, the cost of such Services shall be an Operating Expense Property and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by with other buildings, to purchase electricity through a broker and/or buyers group and to change the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage providers and manner of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredpurchasing electricity.

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

Utilities. Landlord agrees to provideLessor shall provide the following utilities only: trash pickup, at its costyard maintenance, monthly pest control. Lessee acknowledges responsibility for establishment of the following utility services: electricity, water, telephone (optional), cable (optional) and internet (optional). Electricity and water shall be turned on as of the first day of the lease and shall remain on during the entire term of the lease. This means that upon termination of this lease, lessee shall have utilities disconnected no sooner than the last day of the lease term. If electricity and telephone service connections into water services are not established by the Premises; but Tenant shall pay start date of the Lease, or if at any time during the term of the Lease Term Lessee shall cause these utilities to be disconnected, Lessor may at Lessor’s option have the disconnected utility or utilities reconnected and prior lessee shall be responsible for reimbursing Lessor for such costs, including a $50 fine to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer management and all other services supplied utility charges incurred. REPAIRS, FIXTURES, AND IMPROVEMENTS Lessee accepts apartment in “as is” condition as suited for the use intended. Lessor makes no promise or guarantee with respect to or consumed on replacement of any floor coverings (i.e. carpet, vinyl, wood surface). Lessee understands and agrees that the Premises (collectively premises, equipment, and fixtures will be under the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all control of the Services Lessee and agrees to keep said premises, together with the fixtures therein, in Tenant's name prior clean and sanitary condition. Lessee is responsible for changing furnace and/or air conditioning filters on a monthly basis and agrees to the Commencement Datereplace smoke detector batteries to ensure continuous operation of same. The Commencement Date Lessor will make necessary repairs to premises with reasonable promptness after receipt of written notice from Lessee. It is Lessee’s responsibility to immediately report to Lessor any plumbing leaks, running toilets, electrical or appliance malfunctions. Lessor shall not be delayed by reason responsible for high utility bills for more than four (4) days of any failure by Tenant a billing cycle based on the unit’s average utility usage for the same seasonal billing period and only if such high xxxx is determined to so contract for Services. In be the event that any direct result of the Services cannot be separately billed malfunction of an apparatus or metered appliance installed and maintained by Lessor. Should Lessee or Lessee’s guests cause any damage (beyond normal wear and tear), Lessee agrees to the Premises, or if any of the Services are not separately metered as of the Commencement Date, pay Landlord the cost of such Services necessary repairs with the next rental payment. Lessee may not remodel or structurally change the apartment nor remove any fixture there from. Normal wear and tear shall not include scratches, smudges, holes and any other condition caused by Lessee which in the sole exclusive reasonable judgment of Lessor would require painting at the time of Lessees’ rendering possession to Lessor. Lessee shall make no changes to the interior or exterior of the premises nor attach any fixtures thereto without the prior written permission of Lessor. Lessee shall do nothing that would increase or cause to cancel the Fire Insurance Policy on the premises. Lessee shall take all precautions necessary to prevent plumbing fixtures and pipes from freezing. Such precautions shall include, but shall not be limited to, keeping the premises sufficiently warm to prevent freezing and dripping faucets. Lessee shall be an Operating Expense responsible for blockage of plumbing where such blockage is caused by introduction of materials not intended for disposal in the plumbing system. If the unit includes a garbage disposal that may cease to function, Lessee is responsible for reporting to Lessor, and Tenant will be responsible for any damage to plumbing or other facilities incurred prior to repair. Lessee shall pay be responsible for all damaged or missing doors, windowpanes and/or screens during the tenancy or upon vacancy or termination of the lease. Lessor shall provide one (1) telephone line/cable outlet to unit in proper working order. Should Lessee add any additional separate phone lines, it is Lessee’s responsibility to return all lines to one line before move-out. Any such cost alterations to Landlordtelephone lines that are not reversed upon move-out will be chargeable to Lessee. It is Lessee’s responsibility for telephone/cable wiring maintenance expenses and it is recommended that Lessee include “inside wiring maintenance coverage” when establishing phone & cable service. Lessee shall be responsible for payment of any repair expenses caused by Lessee’s negligence or abuse. Pursuant to State and Local Fire Codes, Lessee shall not use, store or allow to be used or stored any type of cooking grill, charcoal or liquefied petroleum gas or liquid fueled burners of any kind within ten (10) feet of any structure on the premises. This provision shall serve as Additional Rent, as provided notice by Lessor. Lessee(s) assume all liability and responsibility for any and all fines which may be imposed by any City or State authority should Lessee(s) be found in Paragraph 12 below, except that Tenant's proportionate share violation of such Services statues or ordinances. USE OF PREMISES Premises shall be used for private residential use only. Not more than 3 person(s) are to reside within the premises/bedroom at any time: any change in family status must be reported and approved by management. The only residents of the unit shall be the percentage obtained by dividing Lessee(s) signed on this Agreement. Lessee agrees not to use or permit the gross leasable square footage contained use of these premises for any unlawful purpose nor to create or suffer any nuisances in the Premises premises affecting the rights of others, and agrees to comply with all laws, ordinances, rules, regulations and directions of governmental authorities. Nuisance, for purpose of this Agreement shall be in the sole and exclusive reasonable judgment of Lessor. Lessee must abide by all local government ordinances governing the total gross leasable square footage located occupancy of unrelated tenants in all buildings utilizing such Servicessingle family zoned locations. The lack or shortage Green Properties Management does not get involved with roommate disputes. PROPERTY LOSS Lessor shall not be liable for damage to resident’s personal property of any Services due to type for any cause whatsoever reason. Lessee shall not affect any obligation of Tenant hereunderbe responsible for obtaining fire, extended coverage, and Tenant liability insurance with respect to Lessee’s personal property. Lessee agrees to be responsible for his/ her personal property and 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 deductionhold Lessor harmless for any damage thereto. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees Lessor strongly recommends that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredlessee obtain Renters Insurance.

Utilities. Landlord agrees The Seller will attempt to provideobtain final readings of fuel, 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, powertelephone, electricity, telephone or other communication serviceand gas to be made as of the Adjustment Date. The Seller shall pay the bills based on such readings promptly after the same are rendered. If arrangements cannot be made for any such final reading, janitorial service, trash pick-up, sewer and all other the parties shall apportion the charges for such services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all basis of the Services in Tenant's name bill therefor for the xxxt recent billing period prior to the Commencement Adjustment Date, and when final bills are rendered for the period which includes the Adjustment Date the Seller and Purchaser shall promptly readjust the apportionments in accordance with such final bills. Post-Closing Adjustments. The Commencement Date items set forth in this Section 3 shall not be delayed apportioned at the Closing by reason payment of any failure the net amount of such apportionments to the Seller in the manner set forth herein for the payment of the Purchase Price if the net apportionment is in favor of the Seller or by Tenant to so contract for Servicesa credit against the Purchase Price if the net apportionment is in favor of the Purchaser. In the event that However, if any of the Services items subject to apportionment under the foregoing provisions of this Section 3 cannot be separately billed or metered apportioned at the Closing because of the unavailability of the information necessary to the Premisescompute such apportionment, or if any of errors or omissions in computing apportionments at the Services Closing are not separately metered as of discovered subsequent to the Commencement DateClosing, the cost of then such Services item shall be an Operating Expense reapportioned and Tenant such errors and omissions corrected as soon as practicable after the Closing Date and the proper party reimbursed, which obligation shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be survive the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord Closing for a period of forty-eight one year after the Closing Date. Notwithstanding any of the foregoing provisions of this Section 3.5 to the contrary, the Purchaser and the Seller agree that the one year limitation set forth in this Section 3.5 shall not apply to the parties' obligations under Sections 3.1 and 3.2 and that such obligations shall survive the Closing forever. Due Diligence Period. Notwithstanding anything to the contrary contained herein, the Purchaser shall have a thirty (4830) consecutive hours day period commencing on the date hereof (the "Due Diligence Period") to examine title to the Property, to inspect the physical and financial condition of the Property and to review the Property Information. Access to the Property. During the Due Diligence Period, the Purchaser and the Purchaser's Representatives shall have the right to enter upon the Property for the sole purpose of inspecting the Property and making surveys, soil borings, engineering tests and other investigations, inspections and tests (collectively, "Investigations"), provided (i) the Purchaser shall give the Beneficiary not less than one (1) business day's prior notice before each entry, and (ii) neither the Purchaser nor the Purchaser's Representatives shall permit any borings, drillings or samplings to be done on the Property without the Beneficiary's prior written consent which consent shall not be unreasonably withheld. Any entry upon the Property and all Investigations shall be during the Lease TermBeneficiary's normal business hours and at the sole risk and expense of the Purchaser and the Purchaser's Representatives, then Tenant's Rent payable hereunder and shall not unreasonably interfere with the activities on or about the Property of the Beneficiary, its tenants and their employees and invitees. The Purchaser shall: (a) promptly repair any damage to the Property resulting from any such Investigations and replace, refill and regrade any holes made in, or excavations of, any portion of the Property used for such Investigations so that the Property shall be equitably abated in the same condition as that which existed prior to such Investigations; (b) fully comply with all Laws applicable to the extent such curtailment Investigations and all other activities undertaken in connection therewith; (c) permit the Seller to have a representative present during all Investigations undertaken hereunder; (d) take all actions and implement all protections necessary to ensure that all actions taken in connection with the Investigations, and the equipment, materials, and substances generated, used or suspension brought onto the Property pose no threat to the safety or health of Services interferes with Tenant's use persons or the environment, and cause no damage to the Property or other property of the Premises Seller or other persons; (e) maintain or cause to be maintained, at the Purchaser's expense, a policy of comprehensive general public liability insurance with a combined single limit of not less than $1,000,000 per occurrence for bodily injury and property damage, automobile liability coverage including owned and hired vehicles with a combined single limit of $1,000,000 per occurrence for bodily injury and property damage, and an excess umbrella liability policy for bodily injury and property damage in the minimum amount of $3,000,000, insuring the Purchaser and the Seller and certain of Seller's Affiliates listed on Schedule 4, as reasonably determined additional insureds, against any injuries or damages to persons or property that may result from or are related to (i) the Purchaser's and/or the Purchaser's Representatives' entry upon the Property, (ii) any Investigations or other activities conducted thereon, and (iii) any and all other activities undertaken by Landlord the Purchaser and/or the Purchaser's Representatives in connection with the Property, and Tenantdeliver evidence of such insurance policy to the Seller at the earlier of ten (10) following days after the date of this Agreement or the first entry on the Property; (f) not, at any time, contact or communicate with any tenant of the Property for any reason whatsoever without the prior written notice to the Seller, which communications, whether by telephone, in writing or in person, Seller or its designee shall have the right to be present at or otherwise participate in; and (g) indemnify the Seller and the Seller's Affiliates and hold the Seller and the Seller's Affiliates harmless from and against any and all claims, demands, causes of action, losses, damages, liabilities, costs and expenses (including without limitation attorneys' fees and disbursements), suffered or incurred by the Seller or any of the Seller's Affiliates and arising out of or in connection with (i) the Purchaser and/or the Purchaser's Representatives' entry upon the Property, (ii) any investigations or other activities conducted thereon by the Purchaser or the Purchaser's Representatives, and (iii) any liens or encumbrances filed or recorded against the Property as a consequence of the Investigations. The provisions of this Section 4.1 shall survive the termination of this Agreement and the Closing. Purchaser's Termination Notice. The Purchaser shall have the right to elect to terminate this Agreement by giving written notice (the "Purchaser's Termination Notice") of such forty-eight election to the Seller at any time prior to the expiration of the Due Diligence Period if the Purchaser shall determine (48in the exercise of its sole discretion) hour period until that the results of any inspection, test, examination or Investigation do not meet the Purchaser's criteria for the purchase, financing or operation of the Property in the manner contemplated by the Purchaser, or if the Purchaser, in its sole discretion, otherwise determines that the Property is unsatisfactory to it, in which event the provisions of Section 14.1 shall apply. If for any reason whatsoever the Seller shall not have received the Purchaser's Termination Notice prior to the expiration of the Due Diligence Period, the Purchaser shall be deemed to have irrevocably waived the right of termination granted under this Section 4.2, and such Services right of termination shall be of no further force or effect. Estoppel Certificates. Promptly after execution and delivery of this Agreement, the Seller agrees to request an Estoppel Certificate from each tenant under a Lease, and it shall be a condition precedent to Purchaser's obligation to close this transaction that Seller shall have obtained executed Estoppel Certificates from tenants who lease in the aggregate at least 75% of the net rentable area of the Buildings The Estoppel Certificates shall be in the form annexed hereto as Exhibit G and made a part hereof; provided, however, if any tenant is required or permitted under its Lease to make different statements in a certificate of such nature than are restoredset forth in Exhibit G, prior to requesting an Estoppel Certificate from such tenant, the Seller may modify the Estoppel Certificate for such tenant to set forth only the statements required under such tenant's Lease to be made by such tenant in such a certificate. If any tenant fails to deliver an Estoppel Certificate in the form required by this Agreement, Seller shall substitute in lieu thereof an estoppel certificate substantially in such form executed by Seller and such estoppel certificate shall be treated for all purposes as an Estoppel Certificate from such failing tenant.

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

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, sewer, gas, light, heat, power, electricity, telephone electricity and other utilities or other communication service, janitorial service, trash pick-up, sewer and all other like services supplied to used or consumed on the Premises (each, a “Utility Service” and collectively the "“Utility Services"”), and used or consumed by all mechanical equipment serving the Premises, wherever located, whether called use charge, tax, assessment, fee or otherwise as the same become due. It is understood and agreed that Landlord shall be responsible for bringing each Utility Service described in the Base Building Work to a common switching point(s) and at the Building as shown on the Base Building Work Plans (as defined in the Work Letter)(collectively, the “Utility Switching Points”). As part of the Base Building Work, Landlord shall install a direct meter to measure electricity serving the Premises and, with respect to all taxesother Utility Services being installed as Base Building Work, leviesa direct, fees sub- or surcharges therefor“check” meter for measuring Tenant’s consumption of such Utility Service. Tenant shall arrange pay all costs and expenses associated with any separately metered utilities (such as electricity and telephone) directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on a check- or sub-metering metering installation, based on Landlord’s reading of such meters, directly to Landlord at the same rate paid by Landlord to the provider thereof. Additional Rent for any check- or sub-metered utilities may be reasonably estimated monthly by Landlord, based on actual readings of sub — and “check” meters where applicable, and shall be paid monthly by Tenant within thirty (30) days after being billed with a final accounting based upon actual bills received from the utility providers following the conclusion of each fiscal year of the Building. Tenant shall pay for any and all costs to install and connect Utility Services from the Utility Switching Points to the Premises. Landlord shall be under no obligation as to any Utility Services beyond the foregoing responsibility to bring such Utility Services to the Utility Switching Points and as required in the completion of the Finish Work and Landlord shall not be supplied liable for any interruption or failure in the supply of any utilities or Utility Services, except to the extent expressly set forth below. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services not being obtained directly by Tenant from any company or third party providing Utility Services (“Utility Service Provider”), subject to Tenant approval of the proposed Utility Service Provider, such approval not to be unreasonably withheld, conditioned or delayed, and provided that such alternate Utility Service Provider shall be retained on market terms and conditions. In requesting Tenant consent to a proposed Utility Service Provider, Landlord shall provide Tenant with reasonable documentation regarding the proposed contract to permit Tenant to determine whether such terms meet the foregoing standard. The parties acknowledge that, initially, the only Utility Services not being obtained directly by Tenant are water, sewer and gas, and the City of Boston and Boston Gas Company are the approved initial providers of such respective Utility Services. Provided there shall be no unreasonable interference with Tenant’s operations within the Premises, Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and shall contract for all associated with the delivery of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Utility Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services[***]. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored[***].

Utilities. The Landlord agrees and the Tenant agree that the responsibility for making all of the arrangements necessary to providefurnish the utilities, at its costincluding having billing in his or their names, watershall be assigned as set forth in Schedule A. Utility bills paid for by Landlord on Xxxxxx’s behalf will be subject to a $15 administrative fee per billing period per utility. The Tenant will pay all bills as listed on Schedule A. The Tenant will furnish all other utilities and agree to make all arrangements necessary to furnish these utilities and to have the billing in their name. Failure to obtain and maintain these basic utilities will be considered a violation of this Lease and will be grounds for eviction. Any extraneous utilities such as phone, electricity cable TV, etc., are optional and telephone service connections into are the Premises; but full responsibility of the Tenant shall pay during and must be in Tenant’s name. In the Lease Term and prior case where utilities are charged to delinquency Landlord in one bill, the Tenant will be provided with a bill statement each month depicting the utility amount charged to that unit. The charges are calculated based on the number of Tenants in each unit divided by the total number of Tenants for the entire building. The number of Tenants is always the number of individuals signed on a lease. Water bill: Tenants whose rental unit consists of a complete house: “Tenant is totally responsible for all charges for water, gassewage disposal, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, and storm sewer and all other services supplied furnished to or consumed on the Premises premises by the City of Xxx Arbor. Tenant understands that no service shall be commenced to the above address until there has been deposited with the Utilities Department a sum sufficient to cover twice the average quarterly bill (collectively the "Services"$ minimum) and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants a copy of this Lease and pay all Rentals due hereunder, all without diminution, credit or deductionlease including any requirement for additional deposit. The immediately preceding sentence to the contrary notwithstanding, Landlord Xxxxxx agrees that if Services are curtailed any quarterly bill exceeds the average bill for that quarter by 50% or suspended more, Tenant will increase the deposit to an amount equal to twice the amount of that quarter’s bill. The increased deposit must be provided within 10 calendar days of the City’s mailing of the notice to Tenant. Tenant understands that payment of charges for water, sewage disposal, and storm sewer services including any requirement for additional deposit, may be enforced by discontinuing the services to the Premises as premises. If there is not a result remote readout device, Xxxxxx agrees that lessor/owner may provide the Utilities Department with a key to the premises to have access to the water meter. Tenant further consents to entry by the Utilities Department to the premises for purposes related to access the water meter. Tenant agrees that for purposes of entry for access to the water meter, any notices for entry required from the Landlord/Owner under City Code Section 8:529 (I) may be issued by and in the name of the acts or negligence or willful misconduct City of Landlord for a period of forty-eight (48) consecutive hours during Xxx Arbor Utilities Department. Xxxxxx agrees that if entry is refused, the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated City may immediately shutoff service to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredpremises.”

Utilities. Upon Tenant's request, Landlord agrees shall use reasonable efforts to provide, arrange for the following utilities to be furnished to the Property at its cost, Landlord's sole cost and expense: water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication servicetelephone, janitorial servicesewer, trash pick-upand rubbish removal, sewer and all any other services supplied to or consumed utility service desired by Tenant and used on the Premises Property. Notwithstanding the foregoing, Landlord's total out-of-pocket expenses incurred in connection with this paragraph, including without limitation any monthly or periodic service fees, taxes, penalties, surcharges, tap-on or connection fees or similar charges relating to such utilities and any charges associated with establishing utility service at the Property (collectively collectively, "Utility Charges") shall not in any event exceed One Hundred Fifteen Thousand and No/100 Dollars ($115,000.00) per Lease Year (the "ServicesUtility Charges Cap"). If at any time Landlord is invoiced for or otherwise incurs any such Utility Charges in excess of the Utility Charges Cap, Tenant shall reimburse Landlord for one hundred percent (100%) of all such charges and costs incurred by Landlord in excess of the Utility Charges Cap. To the extent that Tenant fails to reimburse Landlord for any such Utility Charges due hereunder within ten (10) days following written demand therefor: (a) Tenant shall be liable for Interest on any unpaid amounts from the date paid by Landlord until the date that the full amount to be reimbursed plus all taxesInterest accrued thereon has been paid to Landlord, leviesand (b) Landlord shall be entitled to discontinue utilities at the Property until all such amounts owed by Tenant, fees or surcharges thereforincluding all Interest accrued thereon, has been paid to Landlord. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date agrees that Landlord shall not be delayed liable for damages, direct or indirect, by reason abatement of Rent or otherwise, for any failure, delay, diminution or interruption of any failure by Tenant to so contract utilities or services for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 belowreason, except that Tenant's proportionate share of when such Services shall be the percentage obtained delays, diminutions or interruptions are caused by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for Landlord. Tenant shall have no right to terminate this Lease as a period result of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder any such interruption or failure of utility services and no such interruption or failure of utility services shall be equitably abated deemed to the extent such curtailment or suspension constitute a constructive eviction of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees to provideTenant shall, at its costown expense and subject to all applicable terms and conditions of this Lease, waterarrange for all utilities Tenant requires for use in and about the Premises or elsewhere on the Property, including, without limitation, natural gas, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term water and prior to delinquency all charges for watersewer, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay all charges for or relating to such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of utilities when due. Tenant shall pay such Services charges whether such charges shall be made directly by a public, quasi-public or private utility company, by a governmental authority or subdivision or department thereof or by the percentage obtained Landlord. Tenant shall pay any other tax or other charge imposed by dividing the gross leasable square footage contained any governmental authority if based on a similar service used in the Premises or elsewhere on the Property by the total gross leasable square footage located in all buildings utilizing Tenant. Such charges, if payable to the Landlord, shall be due within 10 days of presentation of bills therefor. If Landlord shall pay any of such Servicescharges, Tenant shall reimburse Landlord upon demand. The lack or shortage Tenant's use of utilities shall not at any time exceed the capacity of any Services due of the pipes, feeders, risers or other conductors or equipment in, on or otherwise serving the Premises, the Building or other portions of the Property (the "Utility Systems"). In order to any cause whatsoever shall insure that such capacity is not affect any obligation of Tenant hereunderexceeded and to avert possible adverse effects upon the utility services for the Building or the Property, and Tenant shall faithfully keep give notice to Landlord and observe obtain Landlord's prior written consent whenever Tenant shall connect to the Utility Systems any fixtures, appliances or pieces of equipment other than those which may be safely connected to the Utility Systems in compliance with all applicable laws, utility provider and insurance company regulations and guidelines and terms and conditions of this Lease. Any additional pipes, feeders, risers or the termslike and any other equipment proper and necessary in connection with such additional pipes, feeders, or risers or the like (collectively "Additional Utility Delivery Facilities") which may be necessary to meet Tenant's utility needs, shall, upon Tenant's request, be installed by Landlord at the sole cost and expense of Tenant, provided that such Additional Utility Delivery Facilities are permissible under applicable laws, utility provider and insurance company regulations and guidelines and all terms and conditions and covenants of this Lease and pay all Rentals due hereunderthe installation of such Additional Utility Delivery Facilities will not cause permanent damage or injury to the Building or any other portion of the Property or cause or create a dangerous condition or unreasonably interfere with other tenants of the Building or the Property or otherwise diminish the value of the Building or the Property, all without diminution, credit as determined by the Landlord in the Landlord's sole discretion. Tenant agrees that it will not make any alteration or deduction. The immediately preceding sentence material addition to the contrary notwithstandingUtility Systems or related equipment in the Premises, the Building or elsewhere on the Property without the prior written consent of Landlord agrees that if Services are curtailed in each instance first obtained. Tenant, at Tenant's expense, shall purchase, install and replace all light bulbs or suspended to tubes used in the Premises as a result or used exclusively by the Tenant in the Building or elsewhere on the Property. Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may incur if the quantity, character, or supply of the acts any utility is changed or negligence is no longer available or willful misconduct of Landlord suitable for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredrequirements.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during promptly pay, as the Lease Term and prior to delinquency same become due, all charges for water, gas, light, heat, power, electricity, telephone or other communication telephone, sewer service, janitorial service, trash waste pick-upup and any other utilities, sewer and all other materials or services supplied furnished directly to or consumed used by Tenant on or about the Premises during the Lease Term, including, without limitation, (collectively the "Services"i) and all taxesmeter, leviesuse and/or connection fees, hook-up fees, or standby fee (excluding any connection fees or surcharges therefor. Tenant shall arrange for Services hook-up fees which relate to be supplied making the existing electrical, gas, and water service available to the Premises and shall contract for all as of the Services in Tenant's name prior to the Commencement Date), and (ii) penalties for discontinued or interrupted service. The Commencement Date shall If any utility service is not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any then Tenant shall pay its pro rata share of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and utility service with all others served by the service not separately metered. However, if Landlord determines that Tenant shall pay such cost to Landlordis using a disproportionate amount of any utility service not separately metered, then Landlord at its election may (i) periodically charge Tenant, as Additional Rent, as provided in Paragraph 12 below, except that a sum equal to Landlord’s reasonable estimate of the cost of Tenant's proportionate share ’s excess use of such Services shall be utility service, or (ii) install a separate meter (at Tenant’s expense) to measure the percentage obtained by dividing utility service supplied to the gross leasable square footage contained in Premises. Tenant hereby grants Landlord the Premises by right to contract with the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage utility service providers of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderLandlord’s choice for the Building, and further grants Landlord the right at any time and from time to time to select, substitute and contract with alternative utility service providers. Tenant shall faithfully keep cooperate with Landlord and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended utility service providers through allowing access to the Premises as a result for the purposes of installation, maintenance, repair and replacement of all utility service systems, lines and equipment. Landlord shall, however, be responsible for the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use restoration of the Premises (as reasonably determined by to their condition prior to that access. In the event of any change, failure, interference, disruption, or defect in the supply or character of the utilities provided to the Premises, Tenant agrees to look to the utility service providers and not to Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredfor any losses, damages or expenses that Tenant may incur or sustain.

Utilities. Landlord Tenant agrees to provideconnect to and use the utilities (including electricity, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, lightheat, condenser water, telephone and any other utility) supplied to the Leased Premises in accordance with the criteria set forth in the Exhibits attached to this Lease, Landlord's schedule of mechanical and electrical design criteria, Landlord's rules and regulations, and the rules and regulations of the utility companies supplying the service. Tenant shall be solely responsible for and promptly pay all costs and charges, including installation thereof where applicable, for all water, gas, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied utilities provided or used in or at the Leased Premises, commencing with the Delivery of Possession Date and continuing throughout the Term. If Landlord shall elect to supply any of the utilities used upon or consumed furnished to the Leased Premises, Tenant agrees to pay Tenant's share of Landlord's hard and soft costs associated with the installation, operation, maintenance and repair of such utility systems, based on the Premises (collectively the "Services") Tenant's estimated usage and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services its pro rata share of such hard and soft costs as reflected on a monthly invoice to be supplied to the Premises and provided by Landlord; provided, however, in no event shall contract for all of the Services in Tenant's name prior to total charges for utilities provided by Landlord exceed what Tenant would be charged by the Commencement Datelocal utility company if it were billed directly by such utility as a direct retail customer. The Commencement Date Landlord shall not be delayed by reason liable to Tenant for any loss, damage or expense which Tenant may sustain if the utilities, or the quality or character of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed utilities used upon or metered furnished to the PremisesLeased Premises are no longer available or suitable for Tenant's requirements, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage supply of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit such utility ceases or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises is interrupted as a result of the acts any cause and no such change, interruption or negligence cessation of service shall constitute an eviction of Tenant. Any furnishing by Landlord of light, condenser water, heat, air conditioning or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder power shall be equitably abated conditioned upon the availability of adequate energy sources. Landlord shall have the right to reduce heat, condenser water, lighting and air conditioning within the extent such curtailment Shopping Center, including, without limitation, the Leased Premises and the common areas, as required by any mandatory or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredvoluntary fuel or energy saving allocation, or any similar statute, regulation, order or program.

Utilities. Landlord agrees Licensee shall be responsible for and shall pay for all charges for utility services furnished to providethe Licensed Space during the term of this License Agreement and, whenever practicable, shall arrange for such services directly with the furnishing utility agency. As part of Licensee's construction and installation of Licensee's Equipment, Licensee shall pay for all costs of meters, submeters, wiring, risers, transformers, electrical panels, lighting, air conditioning and other, if any, items required by Licensor which, in Licensor's reasonable judgment, are necessary to accommodate Licensee's design loads and capacities, including, without limitation, the installation and maintenance thereof. Notwithstanding the foregoing, Licensor may withhold consent for Licensee's installation of any wiring, risers, transformers, electrical panels, lighting or air conditioning if, in Licensor's reasonable judgment, the same are not necessary or would cause damage or injury to the Licensed Space or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs to the Licensed Space, or would interfere with or create or constitute a disturbance to other tenants, Licensees or occupants of the Licensed Space. In no event shall Licensor incur any liability for Licensee's installation or modification of any such electrical facility or Equipment. Licensee accepts the Licensed Space in an “AS-IS” condition and that the Licensor has not agreed to undertake or provide any improvements to the Licensed Space for the Licensee. Licensee shall have the right to install utilities, at Licensee's sole cost and expense, and to improve the present utilities on the Premises or near its Equipment (including, but not limited to the installation of emergency back up power). Subject to Licensor's approval of the location, which such approval shall not be unreasonably withheld, plus approval by the appropriate permitting agency, if any, Licensee shall have the right to place utilities on (or to bring utilities across) Licensor's property in order to service the Licensee's Equipment. Upon Licensee's request, Licensor, at its costsole discretion, water, electricity and telephone service connections into the Premises; but Tenant may execute recordable instruments evidencing such easements. Licensor shall pay during the Lease Term and prior use all reasonable efforts to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services notify Licensee at least 24 hours in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason advance of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenantplanned utility outages which may interfere with Licensee's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoreduse.

Utilities. Landlord agrees If allowed by law and unless otherwise agreed to provideby the parties, at its cost, water, electricity and TENANT(S) are required to have 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 cable, electric service, trash pick-up, sewer and all other services supplied to or consumed on utilities in their own name. In any lease where the Premises (collectively TENANT(S) shall have use of the "Services") LANDLORD's utilities and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract responsible for all or part of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premisesxxxx(s), or if any of the Services are not separately metered such as of the Commencement Datewater, the cost of such Services shall be an Operating Expense and Tenant sewer, and/or trash removal, LANDLORD shall pay such the entire xxxx in a timely manner and forward copies to this office for reimbursement. Under no circumstances shall LANDLORD cause the termination of these services and LANDLORD agrees to indemnify BROKER for any damages or litigation fees/cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share incurred by BROKER if LANDLORD improperly terminates a utility service. New Jersey law specifically prohibits the direct or indirect termination of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Servicesutilities and utilities are defined broadly. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated BROKER will deduct bills to the extent of funds available and LANDLORD agrees that BROKER shall be in no way responsible for nonpayment of or theft of any utility service by TENANT(S). At the request of BROKER, LANDLORD may be required to have water and electric service turned on if the premises are not occupied. This is to allow for proper showings, maintain the property and protect the pool if applicable. LANDLORD has agreed that it has disclosed in writing any issues regarding utilities including water quality problems. FUNDS RECEIVED BY BROKER: Any monies collected or received by BROKER except tenant security deposits, will be held in BROKER's bank account(s) and interest, if any earned, and permitted by law to be retained by BROKER, shall be paid to BROKER for administrative services. Interest earned on tenant’s security deposits shall be accounted for to tenant, bank statements of same provided monthly, and interest paid annually to tenant. BROKER shall remit payments to LANDLORD only after funds paid by TENANT have completely cleared BROKER'S bank account. This is usually 10- 20 days after funds are deposited. If BROKER does disburse money to LANDLORD before funds have cleared and if the funds paid to BROKER are NSF, stop payment or otherwise not available and BROKER has already disbursed funds to LANDLORD, LANDLORD agrees to immediately refund that amount paid to them to BROKER. All further rent money received if any will be held by BROKER to replenish this if LANDLORD does not comply and if no funds are received LANDLORD will be liable to pay the money owed to BROKER immediately. ATTORNEY CREATED LEASE: Our proprietary lease was prepared by Xxxxx'x Law and Mediation, PA 000 Xxxxx 00, Xxxxx 000, Xxxxxxxxx, XX, 00000. FIRE DETECTOR CERTIFICATION AND/OR CERTIFICATE OF OCCUPANCY: The New Jersey Uniform Fire Code requires all LANDLORDS to obtain a Smoke Detector/Carbon Monoxide Detector/Fire Extinguisher certificate with each change in occupant. BROKER will arrange for all such curtailment inspections and ensure unit is in compliance. All fees for the certificate shall be paid by the LANDLORD and deducted from the first month's rent. MUNICIPAL REGISTRATION: New Jersey Law requires all non-owner occupied single and/or two-family homes to be registered with the local municipality. BROKER, as part of its service, will file all such registrations at no additional charge. RENTAL PROPERTIES OF 3 OR MORE UNITS — REGISTRATION AND INSPECTION: The New Jersey Hotel and Multiple Dwelling Law (NJHMDL) protects renters and landlords by: (I) requiring rental properties of 3 or suspension more units to be registered with the state which in turn provides notice of Services interferes registered properties to the municipalities; (2) establishing a strict and comprehensive set of statewide use and maintenance standards for those rental units; and (3) providing for a thorough state inspection every five years holding each and every registered property to those strict standards. BROKER, as part of its service agreement, will file all such registrations, will arrange for all such inspections, and will ensure compliance with Tenantapplicable law at no additional charge other than repair and maintenance required to ensure compliance. LANDLORD shall be responsible for all State imposed inspection fees and those fees shall be deducted from the next month's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredrent.

Utilities. Landlord agrees to provide, at its costTo notify the suppliers of gas, water, electricity, other fuels and telephone services to the Property that this Tenancy has started; To apply for the accounts for the provision of those services to be put into the name of the Tenant; Not to tamper, interfere with, alter, or add to, or allow any other person to tamper interfere with, alter, or add to the installations or meters relating to the supply of any utility services to the Property; To agree not to install any pre-payment meter; To inform the Landlord or the Agent within a reasonable time of a utility being transferred to a new supplier; To provide the name, address and account number of the new supplier within a reasonable time of transfer; To pay any costs incurred by the Landlord or the Agent in transferring the account back to the original supplier at the end of the Tenancy; To pay to the Landlord all costs incurred in the reconnection of any service (including any arrears of payment) following disconnection of any service whether caused by the Tenant’s failure to comply with this Agreement or by anything done or not done by the Tenant; To arrange for the reading of the gas, electricity and telephone water meter, if applicable, at the end of the Tenancy and the departure of the Tenant from the Property; To pay all outstanding accounts with the utility service connections into providers during and at the Premisesend of the Tenancy; but To permit the Landlord or the Agent at the termination or earlier ending of the Tenancy to give the forwarding address of the Tenant shall pay to the suppliers of the service providers set out in this Agreement and to the local authority. To forward notices To send to the Landlord or the Agent promptly all correspondence for the Landlord including notices, orders or proposals affecting the Property and served there by any person, body or authority other than the Landlord or the Agent. Insurance and leaving the Property empty To notify the Landlord before leaving the Property vacant for any continuous period of [insert period] days or more during the Lease Term Tenancy; To comply with any conditions set out in the Landlord’s policy of insurance relating to empty Property provided a copy of the policy and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone schedule of insurance has been attached at Schedule 2. This provision shall apply whether or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to not the Landlord has been or consumed on should have been notified of the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied absence under clause 3.13.1 of this Agreement; To pay to the Premises and shall contract Landlord all reasonable sums paid by the Landlord for all of any increase in the Services in Tenant's name prior to insurance premium for 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 Premisespolicy, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises necessary expenses incurred as a result of a failure by the acts Tenant, his family, or negligence visitors, to comply with clause 3.13.1 and 3.13.2 of this Agreement; To inform the Landlord or willful misconduct his Agent of any loss or damage to the Property and the Contents, promptly upon the damage coming to the attention of the Tenant; To provide the Landlord or his Agent with details of any loss or damage, under clause 3.13.4 above, within a reasonable time of that loss or damage having come to the attention of the Tenant; The Tenant is warned that the Landlord’s policy does not cover his possessions and is strongly advised to insure his belongings with a reputable insurer. Superior lease To comply with the obligations of the Superior Lease, a copy of which is shown at Schedule 3. Energy Performance Certificate (‘EPC’) To confirm that the Tenant has been provided with a Certificate which satisfies the requirements of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Order 2007 prior to the signing of this Agreement. End of the Tenancy At the end or earlier termination of the Tenancy to give up the Property and all additions to it and all the Contents (apart from those the Tenant shall be entitled by law to remove) specified in Schedule 1 or the articles substituted for them in as good a state of repair and condition as they were at the beginning of the Tenancy (as detailed in Schedule 1) with the exception of fair wear and tear; To leave the Contents at the end of the Tenancy in the rooms or places in which they were at the beginning of the Tenancy; To attend or be represented at the inventory check-out which will be arranged for the last day of the Tenancy or by agreement on a day that is convenient to both parties; To pay any cancellation fee incurred by the Landlord if an inventory clerk is used to prepare the check-out report of the Inventory and Schedule of Condition (if applicable) if 24 hours notice in writing is not given by the Tenant to cancel the Inventory check-out appointment; To accept that the report of the inventory clerk or the Agent will be prepared at the second appointment if the Tenant or his agent fails to attend a second appointment; To pay an additional charge to check the Inventory and Schedule of Condition (if applicable) if an inventory clerk or the Agent is used by the Landlord to prepare the check-out report, if the inventory check-out has to be rearranged because the Contents have not been returned to the places noted in the Inventory and Schedule of Condition at the commencement of the Tenancy; To remove or pay for the removal of all refuse and rubbish belonging to the Tenant at the end of the Tenancy and dispose of it in the receptacle provided or arrange and pay for its disposal by the local authority at the end of the Tenancy; To remove all belongings, personal effects, foodstuffs or equipment of the Tenant from the Property at the end of the Tenancy; To vacate the Property during normal office hours at a time agreed with the Landlord or the Agent; To provide a forwarding address to the Landlord or the Agent by the last day of the Tenancy; To ensure that the oil tank (if applicable) is filled to the same level as at the start of the Tenancy or pay to have it filled to the same level; To pay a sum equal to the Rent if the Property is incapable of being re-let or of beneficial use to the Landlord because the Tenant has left substantial goods in the Property, until such goods have been removed from the Property. The Landlord shall, upon proper notice to the Tenant, be entitled to remove and dispose of any goods left by the Tenant in the Property and to recover the costs of storage and sale from the proceeds, with any balance to be paid to the Tenant; To be responsible for meeting all reasonable removal and/or storage charges, when small items are left in the Property which can be easily moved and stored; and the Landlord removes them from the Property and stores them for a period maximum of forty-eight (48) consecutive hours during [insert period]. Charges will only be incurred when the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated Landlord has given the Tenant written notice addressed to the extent such curtailment Tenant at the forwarding address provided by the Tenant; or suspension in the absence of Services interferes with Tenant's use any address after making reasonable efforts to contact the Tenant to inform that items have not been cleared; and the Tenant has failed to collect the items promptly thereafter. If the items are not collected within [insert period] of the Premises Tenant being notified the Landlord may dispose of the items and the Tenant will be liable for all reasonable costs of disposal; the costs of which may be deducted from any sale proceeds or the Deposit. If there are any remaining costs after the above deductions have been made they will remain the liability of the Tenant; To return all keys, including any additional keys, remote controls, or security devices to the Landlord or the Agent at the end of the Tenancy (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredwhether before or after the Term of this Agreement); To pay for the cost of replacement keys, remote controls or other security devices that have been lost or not returned at the end of the Tenancy.

Utilities. Landlord LANDLORD shall furnish gas heat ; hot water ; cold water ; gas for cooking ; electricity Tenant shall furnish electricity ; gas for cooking ; gas for hot water and heat ; water . TENANTS agree to assume billing responsibility for their utilities upon taking possession of the premises and will timely make all necessary arrangements therefor. Houses Only: TENANTS are totally responsible for all charges for water and/or sewage disposal service furnished to the said premises by the City of Xxx Arbor. No service shall be provided to the above address until TENANTS deposit with the Department of Utilities a sum sufficient to cover twice the average quarterly bill ($480.00 minimum) and a copy of this lease. TENANTS understand that payment of charges for water and/or sewage disposal services may be enforced by discontinuing the services to the premises. XXXXXX agrees to providepay the bills for said utilities when due. LANDLORD shall have no obligation to provide utilities that are the responsibility of TENANT as set forth above. In apartments where the TENANT provides the heat, the premises must be kept sufficiently heated (minimum of 62°) at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay all times during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied avoid damage to the Premises premises, and shall contract the TENANT may not have the heat terminated for all of the Services in Tenant's name prior to the Commencement Dateany reason. The Commencement Date TENANT agrees that LANDLORD shall not be delayed by reason of held responsible for any failure by Tenant interruptions in utilities services beyond the LANDLORD’S control, or due to so contract for Servicesnecessary repairs, replacements or alterations. In LANDLORD has sole right to designate TENANT’S utility or electric/gas service provider. Failure to place utility bills in the event that Resident’s name will result in a $150.00 administrative fee per utility bill invoice. Resident may not install a portable dishwasher, washer, dryer or air conditioner without the Landord’s written permission. If Resident installs any of the above items in violation of this clause, Landlord may bill Resident for any increase in utility bills or other damages which Landlord, in his sole discretion, attributes to the violation. TENANTS PAYING OWN HEATING COSTS: Your annual heating cost obtained from DTE Energy, prorated monthly is approximately $ or annually $ . This amount may vary depending on the severity of the winter and the thermostat management practices of the occupants. Communications Services can– The premises may include wiring for telephone, broadcast television, cable television or internet services and Landlord may provide wireless internet access at no charge to tenant. Xxxxxx agrees landlord is not responsible for any interruption in service for any reason. Landlord has no obligation to provide any such service and Tenant’s lack of access to communications services shall not be separately billed a basis for withholding rent or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then reduction in Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored’s rent.

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

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

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall obtain in its own name and pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied directly to the Premises appropriate supplier the cost of all utilities and shall contract for all of services serving the Services in Tenant's name prior to the Commencement DateLeased Premises. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the PremisesHowever, or if any services or utilities are jointly metered with other property, Landlord shall make a reasonable determination of the Services are not separately metered as Tenant’s proportionate share of the Commencement Date, the cost of such Services shall be an Operating Expense utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall pay such cost share to Landlord within fifteen (15) days after receipt of Landlord, as Additional Rent, as provided ’s written statement. Landlord shall not be liable in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack damages or shortage otherwise for any failure or interruption of any Services due utility or other Building service and no such failure or interruption shall entitle Tenant 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 terminate this Lease and pay all Rentals or withhold sums due hereunder, all without diminutionprovided that, credit (a) if any such utilities or deduction. The immediately preceding sentence to the contrary notwithstandingservices are interrupted, Landlord agrees that if Services are curtailed discontinued or suspended to the Premises diminished as a result of the acts or negligence or willful intentional misconduct of Landlord or its agents, employees, contractors or invitees such that the Leased Premises are untenantable (meaning that Tenant’s business in the Leased Premises for a period of forty-eight the Permitted Use has been adversely affected thereby) for more than five (485) consecutive hours during the Lease Termbusiness days, then Tenant shall notify Landlord in writing that Tenant intends to xxxxx rent, and (b) if such utilities or services have not been restored within five (5) days of Landlord’s receipt of Tenant's ’s notice, without extension for force majeure and without regard to Section 13.03 below, then Base Rent payable hereunder and Additional Rent shall xxxxx proportionately on a per diem basis for each day during which the Leased Premises was so untenantable and, if such interruption, diminution, delay or discontinuance of such utilities or services is material and continues beyond thirty (30) days, without extension for force majeure and without regard to the provisions of Section 13.03 below, Tenant shall be equitably abated entitled to terminate this Lease at any time thereafter upon notice to Landlord. Landlord agrees to cooperate reasonably with Tenant to restore any such interrupted, diminished or discontinued service as soon as reasonably practicable. Tenant shall obtain in its own name and pay directly to the extent such curtailment or suspension appropriate supplier the cost of Services interferes with Tenant's use of all janitorial/cleaning services for the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLeased Premises.

Utilities. Landlord Tenant agrees to provide, at its cost, water, electricity and telephone service connections into place all applicable utilities to Premises in the Premises; but name of Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement DateLease start date and to leave all such utilities in Tenant’s name for the entire duration of the Lease. The Commencement Date shall All applicable services must remain uninterrupted throughout the term of the lease, including but not be delayed by reason limited to: Tenant may not turn off breakers at any time unless warranted for safety or repair, in which case it is Tenant’s responsibility to inform Landlord of any failure by Tenant to so contract for Servicesunsafe condition or needed repair. In the event that any Tenant fails to honor the aforementioned obligation regarding the placement of utilities in Tenant’s name, and Landlord is billed for utilities used during the Services canLease term, then Landlord may charge Tenant an administrative fee of Thirty Dollars ($30.00) per occurrence. Tenant agrees to pay for all such utilities within ten (10) calendar days of such notice. Tenant agrees that Landlord shall not be separately billed or metered responsible for any failure in utility service arising from causes beyond Landlord’s reasonable control. It is Tenant’s responsibility to arrange for utilities prior to the Premises, or if any beginning of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost Tenant’s tenancy. Failure to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained do so may result in the Premises by the total gross leasable square footage located being without utilities upon Tenant’s move-in all buildings utilizing such Servicesor to be disconnected at any time during Lease term. The lack or shortage of any Tenant/Landlord utility responsibility is as follows: Electric Service (Duke) Gas Services due to any cause whatsoever shall not affect any obligation of (Vectren) Water Service (City) Trash Removal (City) Lawn Care Snow Removal Internet/Television Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Tenant Tenant Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Tenant Tenant (xxxxx://xxx.xxxx-xxxxxx.xxx) (xxxxx://xxx.xxxxxxx.xxx) (xxxxx://xxxxxxxxxxx.xx.xxx/utilities) (xxxxx://xxxxxxxxxxx.xx.xxx/sanitation) (dish service requires Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.approval)

Utilities. Landlord agrees As long as Tenant is not in default under this lease, Landlord, during the hours of 8:00 A.M. to provide6:00 P.M. on weekdays and on Saturdays from 8:00 A.M. to 1:00 P.M. ("Working Hours"), at its costexcluding legal holidays, watershall 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 telephone service connections into usual office equipment, as set forth in Schedule "B". Throughout the Premises; but Term, Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rentadditional rent, the sum of $2,852.25 per month for NORMAL SERVICE (as provided defined in Paragraph 12 belowSchedule "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 proportionate share 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) days following demand, Landlord's reasonable charges for such Services 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 percentage obtained by dividing the gross leasable square footage contained panel to be submetered will be segregated from all other equipment and/or loads in the Premises Building. All work relating to the foregoing shall be performed by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderTenant, at Tenant's sole cost and expense, and Tenant shall faithfully keep and observe otherwise in strict accordance with all the terms, conditions and covenants other provisions of this Lease and including, without limitation, the provisions of Paragraph 45 hereof. Tenant shall also pay all Rentals due hereunderto Landlord, all without diminutionas additional rent within thirty (30) days following demand, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises Landlord's charges (at cost) for electrical consumption as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent measured by such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredsubmeter.

Utilities. Landlord LANDLORD is responsible for providing the following utilities only: NONE. The TENANT agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges and deposits for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied utilities and TENANT agrees to have all accounts for utilities immediately placed in TENANT name with accounts kept current throughout occupancy. Garbage and or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Servicestrash removal is considered a utility under this lease. In the event utilities are kept in the LANDLORD'S name under the terms of this lease, reimbursement shall be due and payable upon demand as additional rent. If the utilities which TENANT is responsible for are still in LANDLORD'S name at the time TENANT takes occupancy, TENANT agrees that LANDLORD shall order such utilities to be terminated. In the event a condominium association or homeowner's association is currently providing any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services and the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD shall not be required to replace, provide or pay for these removed services for TENANT. TENANT may opt to pay for non-essential services but shall be required to pay for essential services including but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation of any such services by the association shall not be construed as a prohibited practice by LANDLORD nor shall it constitute a default under the lease. The failure of TENANT to retain and pay for essential services upon notice and demand by the LANDLORD shall constitute a material breach of the Services cannot lease. In the event the premises is currently on well water, if the municipality or county decides to connect the premises to city/municipality water, TENANT agrees that TENANT shall be separately billed responsible for paying for the monthly water bill and monthly sewer bill if no longer on septic and shall place the water/sewer utility in TENANT’S name unless prohibited by the municipality to avoid any interruption in service. If TENANT surrenders the premises early, abandons the premises, or metered is evicted, TENANT shall remain responsible for all accruing utility charges otherwise the responsibility of the TENANT under the lease. TENANT is responsible for any cost related to the Premisesinstallation and/or maintenance of phone lines, or cable lines, outlets and/or jacks, if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost TENANT chooses to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredhave phone land line service and/or cable service.

Utilities. Landlord LESSEE shall have independent access to the Lease Premises twenty-four (24) hours per day, seven (7) days per week, fifty-two (52) weeks per year. The LESSEE shall pay, as they become due, all bills for electricity and other utilities (whether they are used for furnishing heat or other purposes) that are furnished to the Leased Premises and separately metered (or submetered), or are servicing the Leased Premises exclusively. The LESSOR agrees to provideprovide all other utility service and reasonable heat and air conditioning (except to the extent that the same are furnished through separately metered or submetered utilities or separate fuel tanks as set forth above) to the Leased Premises, during normal business hours on regular business days of the heating and air conditioning seasons of each year, to furnish elevator service, to light passageways, stairways and parking lots during business hours, and to furnish the cleaning services to the Building and Leased Premises described in Exhibit F. Normal business hours are 8:00 a.m. to 6:00 p.m., Monday through Friday, excluding holidays. LESSEE shall be charged for HVAC use at its cost, water, electricity a rate of $0.50 per ton per hour for HVAC usage (“HVAC Rate”) outside of normal business hours or in excess of normal office usage as additional rent. The HVAC Rate is subject to review and telephone service connections into adjustment by LESSOR. LESSOR shall provide written notice to the Premises; but Tenant shall pay during the Lease Term and LESSEE thirty (30) days prior to delinquency all charges the effective date of any increase in the HVAC Rate. LESSOR shall not be liable for waterdamages for any reason, gasor for any inconvenience, lightinterruption or consequences resulting from the failure of utilities or any service due to any accident, heatto the making of repairs, poweralterations, or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, telephone or other communication service, janitorial serviceor supplies from the sources from which they are usually obtained for said building, trash pick-up, sewer and all other services supplied or to or consumed on any cause beyond the Premises (collectively LESSOR’S control. If such cause is the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all result of the Services in Tenant's name prior negligent act or omission of LESSOR, its agents, contractors or employees and continues for more than five (5) days after notice from LESSEE, as its sole remedy, LESSEE’S rental obligations shall be abated until such time as the damage or interruption is restored. LESSOR shall have no obligation to provide utilities or equipment other than the Commencement Date. The Commencement Date shall not be delayed by reason utilities and equipment within the Leased Premises as of any failure by Tenant to so contract for Servicesthe commencement date of this lease. In the event that any of the Services cannot be separately billed LESSEE requires additional utilities or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Dateequipment, the cost of such Services shall be an Operating Expense installation and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services maintenance thereof shall be the percentage obtained by dividing obligation solely of the gross leasable square footage contained in LESSEE, provided that such installation shall be subject to the Premises by written consent of the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever LESSOR, which shall not affect any obligation of Tenant hereunderbe unreasonably withheld, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit conditioned or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoreddelayed.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event parties acknowledge that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost utilities serving all or a portion of such Services the Premises and some of the improvements located thereon, being the services set forth on Schedule A hereto (the “Utilities”) are interconnected to Landlord’s utility infrastructure at the Refinery. The provisions of this Section 23 shall be an subject to the terms of that certain Fourth Amended and Restated Operation and Management Services and Secondment Agreement dated as of the Commencement Date, by and among Landlord, Tenant, PBF Holding Company LLC (“PBF Holding”), Delaware City Refining Company LLC, Toledo Refining Company LLC, Torrance Logistics Company LLC, PBF Logistics GP LLC, PBF Logistics LP, Delaware City Terminaling Company LLC, Toledo Terminaling Company LLC, Delaware Pipeline Company LLC, Delaware City Logistics Company LLC, Torrance Valley Pipeline Company LLC and PBFX Operating Expense Company LLC, as amended, restated, modified or supplemented from time to time (the “Secondment Agreement”), and for so long as the Secondment 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 Section 23 are inconsistent with one another. In the event that the Secondment Agreement is no longer in effect, the terms of this Section 23 shall control. Except as provided herein, the parties agree that throughout the Term of this Lease Landlord shall provide the Utilities and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight Tenant’s usage thereof (48without any surcharge being added by Landlord for overhead) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (in amounts as reasonably determined by Landlord and consistent with the methodology utilized in the Secondment Agreement. The parties agree that the Premises shall be separately metered for electricity as soon as reasonably practicable following the termination of the Secondment Agreement. 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 usage thereof (without any surcharge being added by Landlord for overhead) in amounts as reasonably determined by Landlord and consistent with the methodology utilized in the Secondment Agreement, subject to Tenant’s reasonable approval. Such payment shall be due within thirty (30) days following such forty-eight delivery of Landlord’s invoice therefor accompanied by reasonably detailed support. Landlord shall not invoice Tenant for Utility usage more frequently than monthly. The following restrictions shall apply with respect to Tenant’s usage of Landlord’s oily water sewer system: (48i) hour period until such Services are restoredonly sanitary waste and wastewaters containing oily water and petroleum products may be discharged therein, (ii) only wastewaters (including stormwaters) generated from Tenant’s operations on the 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 (iv) the daily volume of oily water discharged therein may not materially exceed the volume of the typical daily discharge therein resulting from Landlord’s operation of the Refinery prior to the Commencement Date. Landlord shall have no obligation to provide telephone service to the Premises or any other utility service of any kind except as set forth in this paragraph or in the Secondment Agreement. Landlord shall in no event be liable or responsible for any cessation or interruption in, or damage caused by, any utility services provided to the Premises, whether by Landlord or otherwise, unless the cessation or interruption results from Landlord’s intentional misconduct or gross negligence.

Utilities. Landlord Tenants understand that utilities are their responsibility. Tenants agree to transfer the utilities into their name prior to 01/01/2022 (Move In Date). The following basic utilities will be the responsibility of the Tenant: Electric: Utility in Tenants Name and Paid by Tenant Gas: Utility in Tenants Name and Paid by Tenant Water: Utility in Owners Name and Paid by Tenant Sewer: Utility in Owners Name and Paid by Tenant Garbage: Utility in Tenants Name and Paid by Tenant Recycling: HOA In cases of multi-family housing, Tenant will be responsible for an appropriate ratio of their share of the total utility bills. The charges for shared services or utilities will be split equally between the units (for example, each unit in a 4-plex will share a 25% portion of the total bills for unmetered common utilities, snow removal and/or trash service). This amount will be posted to your account by the end of each month and is due with the current month's rent. Tenant agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer any and all other services supplied to or consumed on related deposits and transfer charges that are required by the Premises (collectively utility companies servicing the "Services") and all taxes, levies, fees or surcharges thereforproperty. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in transfer into Tenant's name prior or account, effective on or before the Lease Start Date, all utilities serving the Premises that are to be paid for by Tenant. During the Commencement Date. The Commencement Date term of their lease, the Tenant shall not change out of Tenant's name or allow any such utility to be delayed disconnected for any reason or by reason any means, including but not limited to non-payment of any failure by utility bills, until the Tenant to so contract for Services. In the event that any moves out of the Services cannot be separately billed or metered to the Premises, or if any the expiration of their lease, whichever is later. In some water districts, the water xxxx will remain in the Homeowner's name and the xxxx will be sent to Broker for payment. Once received, the xxxx will be posted to the Tenant Portal and must be paid before the end of the Services month. Tenant consents to any utility company notifying Broker of Tenant's failure to pay any utility, or of any pending disconnection. Tenant shall be liable for all utilities until the date Tenant vacates or until the date Tenant could have moved out without breaching this Lease, as determined by this Lease, whichever date is later. Utilities shall be used only for normal household purposes, not for business or any other purpose, and are not separately to be wasted. There shall be a $50 monthly administrative charge for processing utility bills and payments for those tenants who have failed to put the utilities in their name or have failed to make their utility payments on time. These utilities and charges shall be paid from payments made by the tenant, before rent is processed. (This fee shall not apply to those utility bills that MUST be charged through the Tenant Portal, i.e. water districts.) If Tenant reimburses Broker for any utility charge, Tenant agrees to pay such sum on or before the FIRST day of each month. Any payments received from Tenant will applied to utility charges first. Broker shall have the exclusive right to change or install utility lines, meters, sub-metering or load management systems, and similar electrical equipment serving the Premises. If any utilities are sub-metered as of for the Commencement DatePremises, Broker will attach a utility addendum to this Agreement, if required by law. Broker shall have the right, upon thirty (30) days notice to Tenant, to increase the monthly rent due by an amount reasonably related to any increase in the cost of such Services shall be an Operating Expense and Tenant shall pay such cost water, electricity and/or natural gas, or any other utility that Broker has agreed to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredpay.

Utilities. (a) Landlord agrees to provide, at its cost, shall supply tempered water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied gas to the Premises and shall contract . Tenant will pay for all electrical, water and gas usage at the Premises directly to the applicable utility company, or if Tenant's usage is not separately metered, Tenant will pay an allocated portion of utility costs for the building based on Tenant's rentable square footage of the Services building . No cap on utilities if Premises is separately metered . Tenant hereby agrees that its use of water, electricity and gas shall not exceed or place a load in Tenant's name prior excess of the capability of existing leaders, pipes or wiring in or to the Commencement DateBuilding or Premises and Tenant may not use any equipment which, in Landlord's reasonable discretion, will overload said services . The Commencement Date Landlord represents that the use of the Premises for the Permitted Use in the ordinary course will not overload said services . 9. INTERRUPTION OF SERVICES AND UTILITIES . Landlord shall not be delayed liable for the interruption, curtailment, stoppage or suspension of services and utilities to the Building pursuant to Sections 7 and 8 above when necessary by reason of accident or emergency or suspension of utility services to the Building or when necessary for repairs, alterations, replacements or improvements necessary in the reasonable judgment of Landlord or for any failure by Tenant to so contract for Servicescause beyond the control of Landlord . In the event that of any such interruption, curtailment, stoppage or suspension, there shall be no diminution or abatement of rent, additional rent or other charges due from Tenant to Landlord hereunder, Tenant's obligations hereunder shall not be affected or reduced, and Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage or suspension ; provided, however, Landlord shall exercise reasonable diligence to restore any services or utilities so interrupted, curtailed, stopped or suspended and notwithstandingany of the Services cannot be separately billed foregoing, in the event any services or metered to the Premisesutilities are interrupted, curtailed, stopped or if any of the Services are not separately metered as of the Commencement Datesuspended for longer that seven ( 7 ) consecutive business days, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Base Rent payable hereunder shall be equitably abated commencing on the eighth ( 8 th ) business day until such time that the service or utility is restored, except if the utility interruption is affecting other Buildings in the market and is outside control of Landlord . 10. HVAC SERVICES . Landlord shall install and maintain the HVAC to the extent such curtailment or suspension of Services interferes with Tenant's use Premises which shall include separate thermostat control for heat and air conditioning, and keep in good working order for comfortable occupancy of the Premises (as reasonably determined by Landlord at all times of year, consistent with the standards of a first class building in Westport, Connecticut . All utility costs to operate the HVAC system in the Premises shall be subject to the utilities cost provisions in Section 8 of the Lease, and Tenant) following such forty-eight (48) hour period until such Services are restoredcommon area utilities shall be included in CAM . 11.

Utilities. Landlord The LESSOR agrees to provide, at its cost, water, electricity provide all other utility service and telephone service connections into to furnish reasonably hot and cold water and reasonable heat and air conditioning to the Premises; but Tenant shall pay , the hallways, stairways, elevators, and lavatories during normal business hours on regular business days of the Lease Term heating and prior air conditioning seasons of each year, to delinquency furnish elevator service and to light passageway and stairway during business hours, all charges for watersubject to interruption due to any accident, gasto the making of repairs, lightalterations, heator improvements, powerto labor difficulties, to trouble in obtaining fuel, electricity, telephone or other communication service, janitorial serviceor supplies from the sources from which they are usually obtained for said building, trash pickor to any cause beyond the LESSOR's control. Notwithstanding anything to the contrary contained herein, in the event there is any failure or defect in service furnished to the Premises by LESSOR's direct control (as opposed to a public service utility company) or LESSOR determine to make any repairs, additions, alterations, replacements, decorations or improvements in the Building or the Premises, and LESSEE shall be unable for a least twenty-upfour (24) hours to operate its business in the Premises in substantially the same manner as such business was operated prior to such interruption, sewer and all other services supplied to or consumed the Base Rent shall be reduced on a per diem basis in the proportion in which the area of the unusable portion of the Premises (collectively i.e., the "Services"portion of the Premises in which LESSEE is unable to operate its business in substantially the same manner as such business was operated prior to such interruption) and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied bears to the Premises and shall contract for all total area of the Services in Tenant's name prior Premises, for each day subsequent to the Commencement Dateaforesaid twenty-four (24) hour period that such portion of the Premises remains unusable. The If any such interruption continues for a period in excess of thirty (30) days, in addition to any other rights LESSEE may have, LESSEE shall have the right to terminate this Sublease upon notice to LESSOR. LESSOR shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Premises as of the Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Servicesthis Sublease. In the event LESSEE requires additional utilities or equipment, the installation and maintenance thereof shall be LESSEE's sole obligation, provided that any such installation shall be subject to the written consent of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLESSOR.

Utilities. Landlord Tenants understand that utilities are their responsibility. Tenants agree to transfer the utilities into their name prior to 02/06/2021 (Move In Date). The following basic utilities will be the responsibility of the Tenant: Electric: Utility in Tenants Name and Paid by Tenant Gas: Utility in Tenants Name and Paid by Tenant Water: Utility in HOAs Name and Paid by HOA Sewer: Utility in HOAs Name and Paid by HOA Garbage: Utility in HOAs Name and Paid by HOA Recycling: HOA In cases of multi-family housing, Tenant will be responsible for an appropriate ratio of their share of the total utility bills. The charges for shared services or utilities will be split equally between the units (for example, each unit in a 4-plex will share a 25% portion of the total bills for unmetered common utilities, snow removal and/or trash service). This amount will be posted to your account by the end of each month and is due with the current month's rent. Tenant agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer any and all other services supplied to or consumed on related deposits and transfer charges that are required by the Premises (collectively utility companies servicing the "Services") and all taxes, levies, fees or surcharges thereforproperty. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in transfer into Tenant's name prior or account, effective on or before the Lease Start Date, all utilities serving the Premises that are to be paid for by Tenant. During the Commencement Date. The Commencement Date term of their lease, the Tenant shall not change out of Tenant's name or allow any such utility to be delayed disconnected for any reason or by reason any means, including but not limited to non-payment of any failure by utility bills, until the Tenant to so contract for Services. In the event that any moves out of the Services cannot be separately billed or metered to the Premises, or if any the expiration of their lease, whichever is later. In some water districts, the water xxxx will remain in the Homeowner's name and the xxxx will be sent to Broker for payment. Once received, the xxxx will be posted to the Tenant Portal and must be paid before the end of the Services month. Tenant consents to any utility company notifying Broker of Tenant's failure to pay any utility, or of any pending disconnection. Tenant shall be liable for all utilities until the date Tenant vacates or until the date Tenant could have moved out without breaching this Lease, as determined by this Lease, whichever date is later. Utilities shall be used only for normal household purposes, not for business or any other purpose, and are not separately to be wasted. There shall be a $50 monthly administrative charge for processing utility bills and payments for those tenants who have failed to put the utilities in their name or have failed to make their utility payments on time. These utilities and charges shall be paid from payments made by the tenant, before rent is processed. (This fee shall not apply to those utility bills that MUST be charged through the Tenant Portal, i.e. water districts.) If Tenant reimburses Broker for any utility charge, Tenant agrees to pay such sum on or before the FIRST day of each month. Any payments received from Tenant will applied to utility charges first. Broker shall have the exclusive right to change or install utility lines, meters, sub-metering or load management systems, and similar electrical equipment serving the Premises. If any utilities are sub-metered as of for the Commencement DatePremises, Broker will attach a utility addendum to this Agreement, if required by law. Broker shall have the right, upon thirty (30) days notice to Tenant, to increase the monthly rent due by an amount reasonably related to any increase in the cost of such Services shall be an Operating Expense and Tenant shall pay such cost water, electricity and/or natural gas, or any other utility that Broker has agreed to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredpay.

Utilities. Landlord agrees Utility Expenses, Common Area Utility Costs and all other sums or charges set forth in this Section 7 are considered part of Additional Rent. In addition to providethe Base Rent set forth in Section 3 hereof, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term cost of all water, sewer use, sewer discharge fees and prior to delinquency all charges for watersewer connection fees, gas, light, heat, power, electricity, telephone or other communication servicerefuse pickup, janitorial service, trash pick-up, sewer telephone and all other services supplied utilities billed or metered separately to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforand/or Tenant. Tenant shall arrange also pay Tenant’s Share of any assessments or charges for Services to be supplied to utility or similar purposes included within any tax xxxx for the Lot on which the Premises are situated, including, without limitation, entitlement fees, allocation unit fees, and/or any similar fees or charges, and shall contract for all of the Services in Tenant's name prior to the Commencement Dateany penalties related thereto. The Commencement Date shall For any such utility fees or use charges that are not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered separately to the PremisesTenant, or if any of the Services are not separately metered as of the Commencement Dateincluding without limitation, the cost of such Services shall be an Operating Expense water and refuse pick up charges, Tenant shall pay such cost to Landlord, as Additional Rent, without prior notice or demand, on the Commencement Date and thereafter on the first (1st) day of each month throughout the balance of the Term of this Lease the amount which is attributable to Tenant’s use of the utilities or similar services, as provided in Paragraph 12 below, except that Tenant's proportionate share reasonably estimated and determined by Landlord based upon factors such as size of the Premises and intensity of use of such Services utilities by Tenant such that Tenant shall be pay the percentage obtained by dividing portion of such charges reasonably consistent with Tenant’s use of such utilities and similar services (“Utility Expenses”). If Tenant disputes any such estimate or determination, then Tenant shall either pay the gross leasable square footage contained in estimated amount or cause the Premises by the total gross leasable square footage located in all buildings utilizing such Servicesto be separately metered at Tenant’s sole expense. The lack or shortage In addition, Tenant shall pay to Landlord Tenant’s Share of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderCommon Area utility costs, and fees, charges or expenses (“Common Area Utility Costs”). Tenant shall faithfully keep pay to Landlord one-twelfth ( 1/12th) of the estimated amount of Tenant’s Share of the Common Area Utility Costs on the Commencement Date and observe all thereafter on the terms, conditions and covenants first (1st) day of each month throughout the balance of the Term of this Lease and pay all Rentals due hereunder, all without diminution, credit or deductionany reconciliation thereof shall be substantially in the same manner as specified in Section 6.4 above. The immediately preceding sentence amount of Tenant’s Share of Common Area Utility Costs shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, the Building and/or the Park. Tenant acknowledges that the Premises may become subject to the rationing of utility services or restrictions on utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Notwithstanding any such rationing or restrictions on use of any such utility services, Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building or the Park, and, Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Notwithstanding anything to the contrary notwithstandingcontained herein, if permitted by applicable Laws, Landlord shall have the right at any time and from time to time during the Term of this Lease to either contract for service from a different company or companies (each such company shall be referred to herein as an “Alternate Service Provider”) other than the company or companies presently providing electricity service for the Building or the Park (the “Electric Service Provider”) or continue to contract for service from the Electric Service Provider, at Landlord’s sole discretion. Tenant hereby agrees to cooperate with Landlord, the Electric Service Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, the Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Notwithstanding anything to the contrary contained herein, Tenant’s Base Rent shall be abated to the extent that if Services such utility services are interrupted, curtailed or suspended to the Premises as a result of the acts or gross negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Termor its authorized representatives, then Tenant's Rent payable hereunder shall be equitably abated agents, employees or contractors, or Landlord actually receives insurance proceeds related to the extent such interruption, curtailment or suspension of Services utility services, if such interruption, curtailment or suspension of utility services interferes unreasonably with Tenant's ’s use of the Premises and such interference persists for more than seven (as reasonably determined by Landlord and Tenant7) following such forty-eight (48) hour period until such Services are restoredcontinuous business days.

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-uppickup, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services canare not be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense a common Area Charge and Tenant shall pay such cost to Landlordpay, as Additional Rent, Tenant's proportionate share of such cost to Landlord as provided in Paragraph 12 below, except that if any meter services less than the entire Building, Tenant's proportionate share of the costs measured by such Services meter shall be based upon the percentage obtained by dividing square footage of the gross leasable square footage contained area in the Premises by as a percentage of the total square footage of the gross leasable square footage located area of the portion of the Building serviced by such meter. If Landlord determines that Tenant is using a disproportionate amount of any commonly metered Services or an amount in excess of the customary amount of any Services ordinarily furnished for use of the Premises in accordance with the uses set forth in Paragraph 6 above, then Landlord may elect to periodically charge Tenant, as Additional Rent, a sum equal to Landlord's estimate of the cost of Tenant's excess use of any or all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during directly to the Lease Term and prior to delinquency proper authorities charged with the collection thereof all charges for water, sewer, gas, light, heat, power, electricity, telephone and other utilities or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to used or consumed on the Premises Premises, whether called charge, tax, assessment, fee or otherwise, including, without limitation, water and sewer use charges and taxes, if any, all such charges to be paid as the same from time to time become due. If Tenant is not charged directly by the respective utility for any of such utilities or services, Tenant shall from time to time, within 20 days of receipt of Landlord’s invoice therefor, pay to Landlord Tenant’s Proportionate Fraction of the total of such charges for the Building and Lot provided that, at Landlord’s option, all such charges shall be payable by Tenant in accordance with Section 4.2.5. It is understood and agreed that (collectively i) Landlord shall be responsible for bringing such utilities to a common switching point(s) at the "Services"Building, which, in the case of electricity shall mean the switch gear and not the transformer (collectively, the “Utility Switching Points”) as shown on plans described in Exhibit B at Landlord’s cost and expense; (ii) Tenant shall pay for any and all taxes, levies, fees or surcharges therefor. Tenant costs to connect such utilities from such Utility Switching Points to the Building; (iii) Landlord shall arrange for Services be under no obligation to be supplied furnish any utilities to the Premises and shall contract for all of (beyond the Services in Tenant's name prior foregoing responsibility to bring such utilities to the Commencement Date. The Commencement Date Utility Switching Points and as may be shown on the plans described in Exhibit B); and (iv) Landlord shall not be delayed by reason liable for any interruption or failure in the supply of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered such utilities to the Premises; provided, however, that in the event such loss or if any of failure is due to Landlord’s negligence or willful misconduct, Landlord shall be responsible for restoring the Services are not separately metered as of the Commencement Date, the cost supply of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended utilities to the Premises as a result but otherwise shall have no liability to Tenant. Without limitation of the acts foregoing, in the event of a Casualty or negligence Taking, if Landlord and Tenant reasonably determine and agree that utilities will not be repaired or willful misconduct restored so as to be available at the Utility Switching Points within one year after the occurrence of Landlord for a period of forty-eight (48) consecutive hours during the Lease Termsuch Casualty or Taking, then Tenant's Rent payable hereunder Tenant shall be equitably abated have the right to terminate this Lease by notice given within 30 days after the extent date of such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoreddetermination.

Utilities. Landlord agrees to provideTenant, at its costTenant’s sole cost and expense, water, electricity and telephone service connections into will pay all costs associated with the provision of all utility services to the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, including, without limitation, telephone, gas, light, heat, power, electricity, telephone or other communication water and sewer service. To the extent possible, janitorial serviceall utility services will be separately metered by Tenant, trash pick-upat Tenant’s sole cost and expense, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and placed in Tenant’s name. If it is not possible to place a utility service on a separate meter in Tenant’s name, then all costs associated with the provision of such utility service to the Premises will, at Landlord’s option, either: (a) be billed directly by Landlord to Tenant and paid by Tenant within 10 days after its receipt of such billing; or (b) included as part of Expenses and paid by Tenant in accordance with the provisions of Section 2 above. Landlord will not be liable to Tenant, nor will Tenant be relieved of any obligation hereunder if any utility service to the Premises is interrupted for any reason, provided, however, if power, water or HVAC services to the Premises are interrupted as a result of Landlord’s act or negligence and Tenant is unable to operate its business from the Premises for a period of two (2) consecutive business days, then Base Rent and Adjustment Rent shall contract be abated until such services are restored. Except to the extent of the requirement to provide access to a fiber optics line as required by Exhibit B, Landlord shall have no obligation or duty to provide Tenant with any telecommunications devices or other forms of data delivery services. Tenant covenants and agrees to make all arrangements and to enter into such contracts or other agreements as may be necessary, from time-to-time, for Tenant’s telecommunications and data delivery services in the Premises. Tenant shall pay all charges, including but not limited to the cost of installation of necessary wiring, conduits and equipment for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Servicessuch telecommunication and data delivery systems. In the event that Tenant shall desire to use any portion of the Services canBuilding not within the Premises for any equipment that will provide, improve, add or in any way serve the telecommunication or data delivery services of, for or to Tenant, Tenant shall obtain the prior written approval of the Landlord. Tenant shall provide to Landlord such plans and specifications therefor as may be separately billed or metered requested by Landlord in the exercise of the reasonable business judgment of Landlord. In addition to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstandingforegoing, Landlord agrees that if Services are curtailed or suspended shall have the right to require that, in connection with the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Terminstallation, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's maintenance, repair, replacement and any other use of the Premises foregoing, Tenant provide to Landlord such waivers and indemnities (as reasonably determined they relate to said equipment, the security therefor, the non-exclusive nature of any grant by Landlord for the use of any portion of the Building for such purposes, and Tenantany damages or injury that may be sustained by Tenant or its business or operations from such installation, maintenance, repair, replacement or use) following such forty-eight (48) hour period until such Services are restoredas may be requested by Landlord in the exercise of its reasonable business judgment.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall timely pay during the Lease Term cost (including related taxes and prior to delinquency charges) of all charges for utility services (including without limitation water, gas, lightpropane, heat, powerdiesel, electricity, telephone sewer, waste, telecommunications and data) used on or other communication service, janitorial service, trash pick-up, sewer and all other services supplied provided to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforProject. Tenant shall arrange obtain utility services for Services to be supplied the Premises in Tenant’s own name and timely pay for the costs therefor directly to the Premises respective utility provider. Tenant may select its own telecommunications or data service and shall contract will pay the cost therefor, and Landlord will not be responsible for all of the Services in Tenant's name prior providing any such service connections to the Commencement DateBuilding. The Commencement Date Landlord shall not be delayed by reason of responsible or liable for any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed interruption in utilities or metered to the Premisesservices, 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 this Lease. Notwithstanding the foregoing, if any interruption or discontinuance of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained utilities is caused by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord or its employees, or by any person acting for a period Landlord or on its behalf, and if such interruption or discontinuance continues beyond 3 consecutive business days and materially and adversely affects Tenant’s ability to conduct its business in the Premises, and on account of forty-eight (48) consecutive hours during the Lease Termsuch interruption or discontinuance, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of Tenant ceases doing business in the Premises (or a material portion thereof), Rent shall xxxxx thereafter (as reasonably determined by to the Premises or as to such material ​ portion thereof, as the case may be) and for the duration of such interruption or discontinuance. Landlord acknowledges that, under the Existing Lease, Tenant is currently already contracting with companies providing such utilities or services to the Project, Building or the Premises, and Tenantagrees that such companies may continue to provide such services under this Lease. Upon written request no more often than once a quarter, Tenant shall provide to Landlord reasonable utility consumption data and other related information (or, at Landlord’s option, execute and deliver to Landlord an instrument enabling Landlord to obtain the same from the applicable provider). Tenant shall cooperate with Landlord to conduct ASHRAE (American Society of Heating, Refrigerating and Air Conditioning Engineers) following such forty-eight (48) hour period until such Services are restored.energy audits of the Building and Project. ​

Utilities. Landlord The LANDLORD agrees to provideprovide utility service and to furnish reasonable hot and cold water and reasonable heat and air-conditioning to the hallways, at its coststairways, waterelevators, electricity and telephone lavatories during normal business hours on regulator business days of the heating and air-conditioning seasons of each year, to furnish elevator service connections into and to light passageways and stairways during business hours all subject to interruption due to any accident, to the Premises; but Tenant shall pay during the Lease Term and prior making of repairs, alterations, or improvements, to delinquency all charges for waterlabor difficulties, gas, light, heat, powerto trouble in obtaining fuel, electricity, telephone or other communication service, janitorial serviceor supplies fro the sources from which they are usually obtained for said building, trash pick-up, sewer or to any cause beyond the LANDLORD's control. LANDLORD shall have no obligation to provide utilities or equipment other than the utilities and all other services supplied to or consumed on equipment within the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all premises as of the Services commencement date of this agreement, but shall assure that all such utilities and equipment are in Tenant's name prior to good working order during the Commencement Date. The Commencement Date shall not be delayed by reason Term of any failure by Tenant to so contract for Servicesthis agreement. In the event TENANT requires additional utilities or equipment, the installation and maintenance thereof shall be the TENANT'S sole obligation provided that any such installation shall be subject to the written consent of the Services cannot be separately billed Landlord. Beginning with the Second Term TENANT shall pay, as they become due, all bills for electricity and other utilities (whether they are used for furnishing heat or metered other purposes) that are furnished to the Premiseshired premises and presently separately metered, or if and all bills for fuel furnished to a separate tank servicing the hired premises exclusively. With respect to any of other utilities serving the Services are not separately metered as of the Commencement Datehired premises, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost TENANT agrees to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's reimburse LANDLORD for its proportionate share of the costs and expenses of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises utilities, and any maintenance thereof, incurred by the total gross leasable square footage located in all buildings utilizing Landlord, upon such Servicesformula as LANDLORD may reasonably adopt. The lack or shortage of any Services All utilities provided hereunder are subject to interruption due to any accident, the marking of repairs, alterations, or improvements, to labor difficulties, to trouble in obtaining fuel, electricity service, or supplies fro the sources from which they are usually obtained for said building, or to any cause whatsoever beyond the LANDLORD's control. TENANT shall not affect any obligation of Tenant hereunderarrange and shall be solely responsible for janitorial, cleaning and Tenant security services on the hired premises. TENANT shall faithfully keep and observe all the terms, conditions and covenants of this Lease provide and pay all Rentals due hereunder, all without diminution, credit for its own telephone and/or cable or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredother communication services.

Utilities. Landlord agrees to provideOn or before that date which is one hundred twenty (120) days after the Closing Date, Seller shall, at its Seller's sole cost, watercause the installation of all utilities as listed in, electricity and telephone service connections in accordance with the specifications described in, EXHIBIT G attached hereto and made a part hereof, in the street adjacent to the Property and at specific locations approved by Buyer (which shall result in Seller extending such utilities to specific locations designated by Purchaser, provided that such utilities shall be stubbed 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 Property on the Premises northerly Property line, approximately seventy five (collectively 75) feet from the "Services"easterly Property line of that Property described in Exhibit A attached hereto) and all taxessuch utilities shall be installed underground. In addition, leviesSeller shall (i) at Seller's sole cost, fees obtain the necessary commitments from all such utility providers required to provide the services set forth in EXHIBIT G, including, without limitation, the work being undertaken, or surcharges therefor. Tenant shall arrange for Services to be supplied undertaken, by Southwest Gas in order to extend natural gas service to the Premises Property, which work includes, without limitation, extending, replacing and shall contract for all of upgrading existing natural gas pipe lines (the Services "Southwest Work"), (ii) in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of Purchaser purchases the Services cannot be separately billed or metered 100 Acre Parcel at Closing, provide a Two Hundred Forty Thousand Dollars ($240,000) credit against the Purchase Price at Closing to the Premises, or if any of the Services are not separately metered as of the Commencement Date, partially compensate Purchaser for the cost of the Southwest Work, and, if in connection with the Southwest Work, any refunds or waivers of any deposits or other amounts are available, such Services amounts shall also be credited against the Purchase Price, or, if such amounts are only available after the Closing, be paid directly to Purchaser (iii) pay any utility deposits required from the applicable utility providers. At Closing, the Purchase Price shall be an Operating Expense reduced by Eighty Thousand Dollars ($80,000) for electrical utility deposits if the electric utility provider does not require or waives the utility deposit, and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by event that Purchaser purchases either the total gross leasable square footage located in all buildings utilizing such Services. The lack Property or shortage of any Services due to any cause whatsoever the Partial Parcel at Closing, Purchaser shall receive a Twenty Thousand Dollar ($20,000) credit towards the Purchase Price if Southwest Gas does not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all require or waives the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredutility deposit.

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

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to --------- delinquency all charges for water, gas, light, heat, ; power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to Tenant or consumed by Tenant on the Premises (collectively the "Services"') and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. Tenant shall be responsible for providing janitorial service to the Premises. In the event that any of the Services canare not be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense a Common Area Charge and Tenant shall pay such cost to Landlordpay, as Additional Rent, Tenant's proportionate share of such cost to Landlord as provided in Paragraph 12 below, except that if any meter services less than the entire Building, Tenant's proportionate share of the costs measured by such Services meter shall be based upon the percentage obtained by dividing square footage of the gross leasable square footage contained area in the Premises by as a percentage of the total square footage of the gross leasable square footage located area of the portion of the Building serviced by such meter. If Landlord determines that Tenant is using a disproportionate amount of any commonly metered Services or an amount in excess of the customary amount of any Services ordinarily furnished for use of the Premises in accordance with the uses set forth in Paragraph 6 above, then Landlord may elect to periodically charge Tenant, as Additional Rent, a sum equal to Landlord's estimate of the cost of Tenant's excess use of any or all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever (except for a lack or shortage proximately caused by the negligence or willful misconduct Landlord or that of its agents, employees, contractors or invitees) shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees Prior to providethe Early Occupancy Date, Tenant shall cause all of the Utility Expenses (hereinafter defined) to be placed in Tenant's name with invoices to be sent directly to Tenant at its cost, water, electricity and telephone service connections into the Premises; but . In addition to the Base Rent set forth in Section 3 hereof, Tenant shall pay during directly the Lease Term cost of all water, sewer use, sewer discharge fees and prior to delinquency all charges for watersewer connection fees, gas, light, heat, power, electricity, telephone trash or other communication servicerefuse collection, janitorial service, trash pick-uptelephone, sewer telecommunications and all other services supplied utilities (collectively, the "Utility Expenses") billed or metered separately to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforand/or Tenant. Tenant shall arrange also pay any and all assessments or charges for Services utility or similar purposes included within any tax bill xxx the Lot on which the Building is situated, including without limitation, entitlement fees, allocation unit fees, and/or any similar fees or charges, and any penalties related thereto. Tenant further agrees to be supplied timely and faithfully pay, prior to delinquency, any amount, tax, charge, surcharge, assessment or imposition levied, assessed or imposed upon the Premises, or Tenant's use and occupancy thereof. Commencing on the Early Occupancy Date, Tenant shall pay directly to the Premises providers thereof all costs, fees, charges and shall contract similar sums for all of the Services utilities, services and other matters described in Tenant's name prior this Section 8, including without limitation, any and all Utility Expenses (collectively, the "Utility Charges"). If at any time during the Term of this Lease Tenant shall fail to timely and fully pay any of such Utility Charges after the Commencement Date. The Commencement Date shall not be delayed by reason lapse of the 10-day notice and cure period specified in Section 21.3 hereof, in addition to all other remedies available to Landlord hereunder, Landlord may, but without obligation to do so, pay any failure by Tenant to so contract for Servicesof such Utility Charges. In the event that Landlord pays any of the Services cannot be separately billed or metered to the Premisessuch Utility Charges, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share all of such Services shall be Utility Charges plus ten percent (10%) for overhead, as part of the percentage obtained Operating Expenses payable by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees shall provide interior janitorial services in the Premises five days per week, except holidays, pursuant to providethe Schedule attached as Exhibit E, at its cost, and the costs therefor shall be paid for by Tenant as additional rent. Tenant shall pay for such services within ten days after receipt of the xxxx for such services. Janitorial services to any tenant space in the Building shall not be included in Operating Charges. Landlord shall furnish water, sanitary sewer, heating, air conditioning and ventilating for the permitted use of the Premises to maintain comfortable temperatures and the cost of such services shall be included in Operating Charges. Heating, ventilating and, from May 1 through September 15 of each year, air conditioning service, shall be provided seven days a week, 24 hours a day. Landlord shall cause at Landlord's expense electricity for the Premises to be separately metered. It is understood that Operating Charges shall not include electricity charges for any tenant space. Tenant shall be responsible for obtaining its own telephone service, and Tenant shall timely pay for its separately metered electricity and telephone service connections into as and when payment are due. In no event shall Landlord be liable for damages, nor shall the rental herein reserved be abated or subject to offset or deduction for failure to furnish or any delay in furnishing any utility services nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing all of the provisions of this Lease, provided, however, Landlord shall make all reasonable efforts to promptly restore such service to the Premises; but , and in the event of an interruption of an essential service which is in Landlord's reasonable control which continues for 72 consecutive hours and as a result of said interruption, Tenant is not able to operate its business from the Premises, then all Rent shall pay during xxxxx from 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 date of said interruption until the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforessential service is restored. Tenant shall arrange for Services to be supplied to not use any apparatus or device in the Premises and shall contract which will in any way increase the amount of water or sewer usually furnished, consumed or supplied for all use of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for ServicesPremises as general office and warehouse space. In the event that any Tenant requires water or sewer use in excess of that usually supplied for use of the Services cannot be separately billed Premises as general office and warehouse space, then Tenant shall first procure the written consent of Landlord for such use, which consent Landlord may grant or metered to the Premiseswithhold in its sole discretion, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay additional rent for such cost services at a rate to Landlordbe determined by Landlord in its reasonable discretion or Landlord may require Tenant to install a submeter, as Additional Rent, as provided in Paragraph 12 below, except that at Tenant's proportionate share of cost, to measure such Services usage. In the event that Tenant desires air conditioning during times in addition to those set forth above, Landlord shall be provide the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, same and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit therefor as additional rent at a rate to be determined by Landlord in its sole discretion. Tenant agrees not to connect any apparatus or deduction. The immediately preceding sentence device to the contrary notwithstanding, cooling or heating system of the Building for the purpose of using additional or unusual amounts of such air conditioning and heating services without the prior written consent of Landlord. Landlord agrees that if Services are curtailed or suspended to Landlord shall not change the electric service provider for the Premises as a result without first consulting with and addressing any reasonable service concerns of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord TENANT shall be responsible directly to the serving entities for all utilities required by TENANT’s use of the Leased Site, however, OWNER agrees to providecooperate with TENANT in its efforts to obtain utilities from any location provided by the OWNER or the servicing utility. Should electric power be provided by OWNER, TENANT will install an electric meter and TENANT’s usage shall be read by OWNER (or, at its TENANT’s option and cost, waterby a meter reading service selected by TENANT) on a monthly basis and the cost of electricity used by TENANT shall be paid monthly by TENANT to OWNER, electricity and telephone service connections into the Premises; upon thirty (30) days written notice thereof, as a payment separate from Rent. OWNER may charge a reasonable meter reading fee 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 agrees that it will not include a markup on the Premises utility charges. If TENANT submeters electricity from OWNER, OWNER agrees, to the extent feasible, to give TENANT at least twenty-four (collectively 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 "Services") and all taxesinterruption is for an extended period of time, leviesin TENANT’s reasonable determination, fees OWNER agrees to allow TENANT the right to bring in a temporary source of power for the duration of the interruption. OWNER will not be responsible for interference with, interruption of or surcharges therefor. Tenant shall arrange for Services failure, beyond the control of OWNER, 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 maintaining utilities to provide such services to the Premises and Leased Site. Such easement shall contract for all of the Services be in Tenant's name prior a location to the Commencement Date. The Commencement Date be approved by OWNER, which approval shall not be delayed by reason of any failure by Tenant to so contract for Servicesunreasonably withheld, conditioned or delayed. In the event that any of the Services cannot be separately billed Upon TENANT’s or metered to the Premisesa utility company’s request, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of OWNER will execute a separate recordable easement evidencing this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredgrant.

Utilities. Landlord agrees to provideDuring the Term, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall promptly pay during the Lease Term as billed to Tenant all rents and prior to delinquency all charges for waterwater and sewer services and all costs and charges for gas, gassteam, electricity, fuel, light, heat, power, electricitytelephone, telephone heat and any other utility or other communication service, janitorial service, trash pick-up, sewer service used or consumed in or servicing the Demised Premises and all other services supplied costs and expenses involved in the care, management and use thereof as billed by the applicable utility company. To the extent reasonable possible, such utilities shall be separately metered and billed to Tenant. Any utilities which are not separately metered shall be billed to Tenant by Landlord at Landlord’s actual cost, on a pro rata or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Servicesactual use basis. In the event that Tenant’s use of any utility not separately metered, specifically domestic water and sewer, is in excess of the Services canaverage use by other tenants, Landlord shall advise Tenant of such excessive use and if such excessive use does not be separately billed cease within ten (10) days thereafter, Landlord or metered Tenant shall have the right to install a meter for such utility, at Tenant’s expense, and xxxx Tenant for Tenant’s actual use or, if neither Landlord nor tenant elects to install a meter for such utility, Landlord may xxxx Tenant for its use, on a use basis (based upon previous usage averages for the PremisesBuilding, in the twelve (12) month period immediately prior to start of construction on Tenant’s improvements), as opposed to a pro rata basis. If Tenant fails to pay any utility bills or if any of charges, Landlord may, at its option and upon ten (10) days advance notice to Tenant, pay the Services are not separately metered as of the Commencement Datesame and in such event, the cost amount of such Services shall be an Operating Expense and Tenant shall pay payment, together with interest thereon at the Interest Rate as defined in Section 32 from the date of such cost to payment by Landlord, will be added to Tenant’s next due payment as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but The Tenant shall pay during for the Lease Term and prior cost of all utilities used in or supplied to delinquency all charges for the Leased Premises, including without limitation water, gas, light, heat, power, gas and electricity, telephone for which the Tenant receives a separate invoice or other communication servicexxxx. If the invoice or xxxx is from the Landlord, janitorial servicethe amount of such invoice or xxxx shall be paid to the Landlord forthwith, trash pick-upprovided that the Landlord may, sewer and all other services by notice to the Tenant, elect to estimate the amount for which the Tenant will be liable for utilities supplied to or consumed used in the Leased Premises for a Lease Year, in which case the Tenant shall pay to the Landlord the estimated amount in equal monthly instalments on the Premises first (collectively 1st) day of each and every month until such time as the "Services") and all taxesLandlord adjusts or readjusts the estimated amount. If the invoice or xxxx is from a utility company, levies, fees or surcharges therefor. the Tenant shall arrange for Services pay the amount of such invoice or xxxx to be 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 xxxx from either the Landlord or the utility company shall be included in the calculation of Operating Costs and shall contract for be paid by the Tenant in accordance with the relevant provisions of this Lease, if the Tenant fails to provide the Landlord with copies of all invoices and bills (as provided above) or fails to satisfy all such invoices and bills on or before their due dates, the Landlord, in addition to any other rights it may have under this Lease or at law, may at its sole option discontinue the supply of the Services in Tenant's name prior utilities to the Commencement Date. The Commencement Date shall not be delayed by reason of Leased Premises, without any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered liability whatsoever to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.

Utilities. Landlord agrees to provideUnless otherwise specified herein, at its costResident shall continuously maintain, waterin Resident’s name, gas, electricity and telephone and/or oil service connections into (as may be applicable) for the Premises; but Tenant shall pay . Charges for utilities used or consumed in the Premises, during the Lease Term term of this Lease, and prior to delinquency any renewal or extension thereof, shall be paid as follows: Utility Management Responsibility Resident Responsibility Electricity NO YES Cooking Gas NO YES Heat NO YES Hot Water YES NO Cold Water YES NO Sewage YES NO Cable TV NO YES Telephone NO YES For those utilities, the cost of which is the Resident's responsibility, the Resident shall promptly pay all charges for watertheir use or consumption in the Premises, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and together with all taxes, levies, fees surcharges, or surcharges thereforother charges on, or related to, such utilities. Tenant If Resident shall arrange fail to promptly pay, when due, any such charges, taxes, levies or surcharges, the Management, at its option, may pay same for Services Resident's account, in which event Resident shall immediately, as additional rent, reimburse Management therefore with interest. If the Premises are oil heated, Resident agrees to be supplied buy heating oil for heat and not use lower grade heating oil which may clog the feed lines, burner or furnace. After initial priming of the burner by Management, Resident agrees to pay to Management the cost of priming the burner if the tank runs dry, as well as the cost of repairs due to the Premises and shall contract for all use of the Services in Tenant's name prior lower grade heating oil. Notwithstanding anything contained herein to the Commencement Date. The Commencement Date shall not be delayed by reason contrary, beginning with the third month following the date upon which Management mails to Resident notice (sent in accordance with Section 18 of this Lease) of its intent to require Resident to pay its pro-rata share of Management's bulk metered utility costs and continuing thereafter during the term of this Lease and any failure by Tenant renewal or extension thereof, Resident agrees to so contract for Services. In reimburse Management, on or before the event that any first day of each calendar month, as additional rent, the Services cannot be separately billed or metered to the Premises, or if any Resident's pro-rata share of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided bulk metered utilities paid by the Management during the previous month on behalf of the residents of the apartment community in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in which the Premises are located. The Resident's share will be determined as follows: The total bulk metered utility bills paid by the Management during the previous month for the said apartment community will be divided by the total gross leasable square footage located number of rental units in all buildings utilizing the apartment community. Resident understands and agrees that reimbursement for such Services. The lack or shortage utilities will vary monthly depending on the amount of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderservices used, the rates charged by the various utility companies and governmental agencies, and Tenant shall faithfully keep and observe all other factors. Management agrees to xxxx Resident, on or about the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result 25th of the acts or negligence or willful misconduct month, for the amount due from Resident on the 1st of Landlord the following month. Management further agrees to make available utility and governmental bills and all calculations determining Resident's pro-rata share in Management's office on the same date the bills are mailed and for a period of forty-eight (48) consecutive hours during the Lease Termseven days thereafter. Until Management exercises its option herein contained, then Tenant's Rent payable hereunder Management shall be equitably abated responsible for the payment of all bulk metered utility costs referred to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restored.in this Section 23. MANAGEMENT AGREES THAT:

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but (a) Tenant shall pay during the Lease Term and prior to delinquency all charges for water, sewer, gas, lightelectricity, heat, power, electricity, telephone or and other communication service, janitorial service, trash pick-up, sewer services and all any other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be utilities supplied to the Premises Premises. Except for any utilities that are not separately metered (for which Landlord shall invoice Tenant for the cost or include the cost in Operating Expenses), Tenant shall obtain utility service in its own name and shall contract for timely pay all of the Services in Tenant's name prior charges directly to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Servicesprovider. In the event that any of meter serving the Services canPremises is not be separately billed functioning properly or metered to during the Premisesperiod that such meter is being repaired, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services Tenant shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate responsible for its pro rata share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Servicesutility usage based upon Landlord’s reasonable estimate. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence Notwithstanding anything to the contrary notwithstandingin this Lease, in the event that an interruption in utilities or services that Landlord agrees that if Services are curtailed or suspended is required to provide ("Interruption") is directly caused by the Premises as a result of the acts or sole negligence or willful misconduct of Landlord or its Agents, such that it renders the whole or any material portion of the Premises untenantable for the purposes intended hereunder and Tenant actually vacates such untenantable portion then after a period of forty-eight five (485) consecutive hours during business days after receipt by Landlord of written notice of such untenantability from Tenant, the Lease Term, then Monthly Rent shall xxxxx (as to the proportion that the square footage of the Premises actually vacated by Xxxxxx as a result of an Interruption bears to the total square footage of the Premises) starting on the sixth (6th) business day until the earlier to occur of the date that Tenant re-enters the Premises or the date that such Interruption is remedied. In no event shall Tenant be entitled to abatement if the Interruption is caused in whole or in part by Tenant or Tenant's Rent payable hereunder ’s Agents. Xxxxxx agrees that the rental abatement described in this Section shall be equitably abated Xxxxxx’s sole remedy in the event of an Interruption. Notwithstanding anything to the contrary, Tenant shall waive and release Landlord from and against, all claims of rental abatement as provided above to the extent covered by Xxxxxx’s business interruption insurance. Landlord shall not be responsible or liable for any interruption in such curtailment services, nor shall such interruption affect the continuation or suspension validity of Services interferes this Lease. Landlord shall have the exclusive right to select, and to change, the companies providing such services to the 126390.00400/118481426v.4 04/15/2019 05:55 A4P4 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. In the event Tenant’s consumption of any utility or other service included in Operating Expenses is excessive when compared with Tenant's use other occupants of the Premises (Property, Landlord may invoice Tenant separately for, and Tenant shall pay on demand, the cost of Tenant’s excessive consumption, as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredLandlord.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency for all charges for water, gas, lightelectricity, heat, light, power, electricitytelephone, telephone or sewer, sprinkler services, refuse and trash collection, and other communication service, janitorial service, trash pick-up, sewer utilities and all other services supplied to or consumed used on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereundermaintenance charges for utilities, and Tenant shall faithfully keep and observe all any storm sewer charges or other similar charges for utilities imposed by any governmental entity or utility provider, together with any taxes, penalties, surcharges or the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence like pertaining to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (Premises, PROVIDED, HOWEVER TENANT SHALL NOT BE RESPONSIBLE FOR ANY PENALTIES ON SURCHARGES UNLESS DIRECTLY ATTRIBUTABLE TO TENANT'S FAILURE TO MAKE TIMELY PAYMENTS TO THE UTILITY PROVIDER. Landlord may cause at Tenant's expense any utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall pay its share of all charges for jointly metered utilities based upon consumption, as reasonably determined by Landlord Landlord. Tenant agrees to limit use of water and Tenantsewer for normal restroom use. No interruption or failure of utilities shall result in the termination of this Lease or the abatement of rent, UNLESS SUCH INTERRUPTION OR FAILURE IS WITHIN LANDLORD'S CONTROL AND CONTINUES FOR A PERIOD OF THREE (3) following such forty-eight (48) hour period until such Services are restoredCONSECUTIVE BUSINESS DAYS AFTER NOTICE TO LANDLORD FROM TENANT. IN SUCH EVENT, THE TENANT'S SOLE REMEDY SHALL BE TO XXXXX RENT IN THE PROPORTION TO WHICH THE PREMISES ARE RENDERED UNUSABLE BY THE INTERRUPTION OR FAILURE OF UTILITIES.

Utilities. Landlord Lessee shall be responsible for paying for the following utilities and/or services during the term of this contract, whether or not actually occupying the premises: Further, lessee 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 indemnify lessor for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant in his obligation to so contract pay for Servicesthe above-described services. In Provision of and payment for utilities and services connected with the event that any of the Services canpremises and not be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services listed above shall be the percentage obtained by dividing responsibility of lessor. Lessee further agrees to maintain the gross leasable square footage contained following utility meters and/or utility and service accounts in his name: MAINTENANCE AND REPAIR. Lessee shall, at his own expense, and at all times maintain the Premises premises in a clean and sanitary manner including all equipment, appliances, furniture and furnishings provided therein. Lessor shall, at his own expense, maintain the interior and exterior of the premises including, but not limited to maintenance of and repairs of sewers, heating system, electrical wiring and plumbing facilities, hot and cold water, common areas, doors, locks, windows, stairs, floors and any equipment, appliances, furniture or furnishings provided therein in a safe and operable condition and in compliance with all applicable city, county and state laws and codes. Lessee shall immediately notify lessor in writing when the need for any maintenance or repair arises during the term of this contract and lessor shall be responsible for payment of the costs of such maintenance and/or repair unless the costs were necessitated by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct acts of Landlord the lessee, members of his household, invitees or guests. Lessee shall pay upon demand the reasonable charges for a period the repair of forty-eight (48) consecutive hours during damage to the Lease Termpremises or common areas including all equipment, then Tenant's Rent payable hereunder appliances, furnishings and furniture therein provided necessitated by the negligence or willful acts of the Lessee, members of Lessee’s household, invitees or guests. Lessee shall be equitably abated to responsible for the extent such curtailment or suspension of Services interferes with Tenant's use routine care and maintenance of the Premises yard and outside areas as follows (as reasonably determined by Landlord Check where appropriate: mowing lawn ; watering lawn, shrubs and Tenant) trees ; removing weeds ; raking leaves ; removing snow and ice from sidewalks and walkways , driveways , parking area ; other . Lessee’s obligation to perform the outside care and maintenance tasks checked above is subject to lessor’s supplying resident with the following such forty-eight (48) hour period until such Services are restoredequipment: lawn mower ; hoses and sprinklers ; rake ; snow shovel ; other . The routine outside care and maintenance tasks listed above and not checked shall be the responsibility of the lessor.

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

Utilities. Tenant agrees to pay for the following utilities or services: ALL. Upon the delivery of possession of the leased premises to Tenant, Except as provided below Tenant shall within three (3) business days, arrange for such utilities or services to be provided and to be billed directly to Tenant. If Tenant fails to transfer the utilities or services to Tenant’s name within the three business days after the effective date of the lease, the Landlord may transfer the utilities or services to Tenant’s name and charge Tenant a $50.00 service fee. Landlord agrees to providefurnish, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges thereforLandlord’s expense: No Utilities. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date Landlord shall not be delayed by reason liable for damages for failure to furnish any utilities or services when the cause of such failure is beyond Landlord’s control or outside Landlord’s responsibility hereunder, and, notwithstanding the foregoing, in the event Tenant exceeds ordinary usage of any failure by utilities to be furnished at Landlord’s expense, Landlord reserves the right to charge Tenant appropriate amounts for such extraordinary usage as additional rent. The charges for all utilities or services for which Tenant is responsible shall be deemed additional rent, whether paid or payable to so contract for Services. In the event that any of the Services cannot be separately billed landlord or metered directly to the Premisesperson or entity providing such utility or service. LANDLORD WILL KEEP THE (X) WATER, or if any of the Services are not separately metered as of the Commencement Date(X) SEWER, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord(X) TRASH, as Additional Rent(X) XXX XXXX, as provided in Paragraph 12 belowIN LANDLORDS NAME, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such ServicesHOWEVER TENANT WILL BE RESPONSIBLE FOR PAYING THE FULL COST OF THESE UTILITIES IN ADDITION TO THE MONTHLY LEASE PAYMENTS. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredA MINIMUM PAYMENT OF $ _ PER MONTH WILL BE DUE ON THE FIRST OF EACH MONTH IN ADDITION TO THE MONTHLY LEASE PAYMENT AND ADJUSTMENTS WILL BE MADE BASED ON ACTUAL COSTS.

Utilities. Landlord agrees to provideThe TENANT shall pay, at its costas they become due, water, all bills for electricity and telephone service connections into other utilities (whether they are used for furnishing heat or other purposes) that are furnished to the Premises; but Tenant shall pay during leased premises and presently separately metered, all bills for fuel furnished to a separate tank servicing the Lease Term leased premises exclusively and prior to delinquency all charges for watertelephone and other communication systems used at, gasand supplied to, lightthe leased premises. The LANDLORD agrees to furnish water for ordinary drinking, heatcleaning, powerlavatory 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 common areas of the 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 subject to interruption due to any accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, telephone or other communication service, janitorial serviceor supplies from the sources from which they are usually obtained for said building, trash pick-up, sewer or to any cause beyond the LANDLORD's control. LANDLORD shall have no obligation to provide utilities or equipment other than the utilities and all other services supplied to or consumed on equipment within the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all leased premises as of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason commencement date of any failure by Tenant to so contract for Servicesthis lease. In the event that any of the Services cannot be separately billed TENANT requires additional utilities or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Dateequipment, the cost of such Services shall be an Operating Expense installation and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services maintenance thereof shall be the percentage obtained 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 such utility or service. LANDLORD shall 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 other utilities and services caused by dividing an unavoidable delay, by the making of any necessary repairs or improvements or by any cause other than the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack negligence of LANDLORD or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderLANDLORD's employees, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit contractors or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredinvitees.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, sewer, gas, lightelectricity, heat, power, electricitytelephone, telephone or telecommunications, data and other communication service, janitorial service, trash pick-up, sewer services and all any other services utilities supplied to or consumed on the Premises. Except for utility services that are not separately metered to the Premises (collectively the "Services") costs of which shall be included in Operating Expenses), Tenant shall obtain utility services in its own name and timely pay all taxes, levies, fees or surcharges thereforcharges directly to the provider providing such utility service. Tenant shall arrange for Services to be supplied obtain electric and gas service in its own name and timely pay all charges therefor directly to the Premises and shall contract utility company providing such services. Except for all of the Services abatement expressly set forth in Tenant's name prior to the Commencement Date. The Commencement Date this Section below, Landlord shall not be delayed 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, upon prior written notice to Tenant, to change, the companies providing such services to the Building or Premises, except that: (i) Tenant may select its own telecommunication and/or data services provider; and (ii) if, pursuant to Law, utility customers are permitted to determine the supplier of gas and electric services to the Premises, then Tenant shall have the exclusive right to select, and to change, the companies providing the supply of gas and electric services to the 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 approved by reason of any failure by Tenant to so contract for ServicesLandlord. In Notwithstanding the foregoing, in the event that any of the Services canutility service is not be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord delivered for a period in excess of forty-eight (48) consecutive hours during solely as a result of the Lease Termnegligence or willful misconduct of Landlord, then Tenant's and if Tenant is unable to reasonably use the Premises for the conduct of its business by reason thereof, Rent payable hereunder shall be equitably abated thereafter xxxxx until the interrupted service is restored or Tenant conducts or is able to reasonably conduct business in the Premises. Notwithstanding anything contained herein to the extent such curtailment or suspension of Services interferes with Tenant's contrary, in the event that Tenant is unable to reasonably use of the Premises (for the conduct of its business by reason of any utility service not being delivered to the Premises, Landlord shall use commercially reasonable efforts, under the circumstances, to cause the interrupted utility service to the Premises to be restored as soon as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredpracticable.

Utilities. Landlord agrees Tenant acknowledges that the building(s) in the Complex in which the Premises is contained is so constructed that all utility services which Tenant shall require during the Term (including, without limitation, running water service and electrical service to provide, at its cost, water, electricity heat the water and telephone service connections into to provide heat to the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied are available to the Premises and shall contract for all by an installation within the exclusive control of the Services in Tenant and supplied by a direct public utility connection. TENANT AGREES TO MAKE APPLICATION FOR, ARRANGE FOR CONNECTION/INITIATION, AND PAY ALL CHARGES FOR, ALL UTILITIES AND OTHER SERVICES WHICH SERVE THE PREMISES (INCLUDING, WITHOUT LIMITATION, ELECTRICAL AND WATER) FOR THE FULL TERM OF THE LEASE AND TO ARRANGE FOR OR DIRECT THAT THE DISCONTINUATION OF ANY OF SUCH SERVICES NOT BE EFFECTIVE UNTIL AFTER THE TERM. Utilities provided by Landlord is (are) [Prospect.Unit.UserDefinedField("Utilities Provided")].Tenant acknowledges and agrees that Landlord reserves the right to require Tenant's name prior , as a condition to the Commencement Date. The Commencement Date shall not be delayed by reason delivery of any failure by Tenant to so contract for Services. In the event that any possession of the Services cannot be separately billed or metered to the Premises, or if any and/or a condition to be satisfied within the first thirty (30) days of the Services are not separately metered as Term, to provide reasonable confirmation or substantiation (for example, a receipt from each utility provider) that Tenant has arranged for the supply of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended utility services to the Premises as required above. Tenant further acknowledges that, in order to protect and preserve the Premises and the property, equipment and apparatus located therein, Landlord may enter into agreement(s) with utility service providers (for example, Alabama Power) to continue to provide utility service to the Premises in the event service is discontinued, disconnected or interrupted during the Term either by Tenant voluntarily (for example, Tenant requesting discontinuation of service to be effective prior to the expiration of the Term) or involuntarily (for example, when a Tenant fails to timely pay a utility xxxx and service is disconnected as a result of such failure). Tenant agrees that, in any such event, Tenant shall promptly pay and reimburse Landlord, as additional rent, for any and all charges assessed by any utility service provider for periods included in the acts or negligence or willful misconduct Term as a result thereof. Tenant specifically acknowledges and agrees that Tenant shall be in default under the terms of Landlord for a period of forty-eight (48) consecutive hours this Agreement if Tenant fails to maintain utility service to the Premises during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension term of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredthis Lease.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant 5.1. Lessee shall pay during all bills when due which may be incurred for all utilities separately metered to the Lease Term Leased Premises and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer any and all other services supplied bills for utilities to the extent relating exclusively to the Leased Premises or consumed on Exclusive Parking Area which may accrue during the Premises (collectively the "Services") Term and any and all taxesother fees, leviescosts, fees expenses or surcharges therefor. Tenant shall arrange charges for Services to be supplied utilities attributable solely to the Leased Premises and shall contract for all of the Services in Tenant's name prior or Exclusive Parking Area consumed by Lessee or otherwise applicable to the Commencement DateLeased Premises or Exclusive Parking Area (including without limitation any expenses related to any guard shack in the Exclusive Parking Area). The Commencement Date Lessee shall not be delayed by reason of any failure by Tenant also pay to so contract for Services. In the event that any of the Services cannot be separately billed or metered Lessor, to the Premisesextent not separately metered, or if any Lessee’s Proportionate Share of all utilities consumed at the Services Building and the Real Property which are not separately metered as to or otherwise used exclusively by other tenants or occupants of the Commencement Date, Building and the cost Real Property (“Common Utility Costs”). Lessee's Proportionate Share of such Services Common Utility Costs shall be an Operating Expense payable by Lessee as Additional Rent to Lessor in twelve (12) monthly installments pursuant to the Utility Budget (as hereafter defined and Tenant set forth). Before the Lease Commencement Date and each calendar year during the Term thereafter, Lessor shall provide Lessee with a Budget of the annual Common Utility Costs based upon current anticipated or prior year's expenses ("Utility Budget") setting forth Lessor's projection of costs for the current year of the Term. Lessor's projection of the Utility Budget shall be Lessor's good faith estimate only and Lessor shall have no liability for any errors or omissions therein and Lessee shall be responsible for the full payment of the actual costs irrespective of the Utility Budget amount. Lessee shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share Lessor on the first day of such Services shall be each calendar month during the percentage obtained by dividing Term and any renewal or extension one-twelfth (1/12) of the gross leasable square footage contained amount set forth in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredUtility Budget.

Utilities. Landlord LANDLORD is responsible for providing the following utilities only: NONE. The TENANT agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges and deposits for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied utilities and TENANT agrees to have all accounts for utilities immediately placed in TENANT name with accounts kept current throughout occupancy. Garbage and or consumed on trash removal is considered a utility under this lease. If the Premises (collectively utilities which TENANT is responsible for are still in LANDLORD's name at the "Services") and all taxestime TENANT takes occupancy, levies, fees or surcharges therefor. Tenant TENANT agrees that LANDLORD shall arrange for Services order such utilities to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Servicesterminated. In the event a condominium association or homeowners association is currently providing any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services and the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD and/or AGENT shall not be required to replace, provide or pay for these removed services for TENANT. TENANT may opt to pay for non-essential services but shall be required to pay for essential services including but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation of any such services by the association shall not be construed as a prohibited practice by LANDLORD or AGENT nor shall it constitute a default under the lease. The failure of TENANT to retain and pay for essential services upon notice and demand by the LANDLORD or AGENT shall constitute a material breach of the Services canlease. VEHICLES: Vehicle(s) must be currently licensed, owned by TENANT, registered, operational and properly parked. TENANT agrees to abide by all parking rules established now or in the future by LANDLORD or condo /homeowner association's rules, if applicable. No trailers, campers, vehicles on blocks, motorcycles, boats or commercial vehicles are allowed on or about the premises without LANDLORD's prior written approval. TENANT is not be separately billed to repair or metered disassemble vehicles on the premises. Vehicles not meeting the above requirements and additional rules of LANDLORD are unauthorized vehicles subject to being towed at TENANT expense. Parking on the grass is prohibited. TENANT agrees to indemnify LANDLORD for any expenses incurred due to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage towing of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence vehicle belonging to the contrary notwithstanding, Landlord guest or invitee of TENANT. TENANT agrees that if Services are curtailed or suspended to only the Premises as a result of following vehicles will be parked on the acts or negligence or willful misconduct of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredpremises: _____________________________________________________________.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall timely pay during the Lease Term cost (including related taxes and prior to delinquency charges) of all charges for utility services (including without limitation water, gas, lightpropane, heat, powerdiesel, electricity, telephone sewer, waste, telecommunications and data) used on or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied provided to the Premises and shall contract for all (so long as the Vacant Area is not separately metered or used or occupied by a third party tenant) the Vacant Area, and Tenant’s Share of the Services 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 ’s own name prior and timely pay for the costs therefor directly to the Commencement Daterespective utility provider, except to the extent Landlord elects to obtain any such utility service in Landlord’s own name and charge to Tenant directly with no markup by Landlord. The Commencement Date 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 without markup by Landlord 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 bxxx each tenant whose premises is sub-metered according to that tenant’s actual usage. Landlord shall not be delayed by reason 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 any failure by this Lease, constitute an eviction, give rise to an abatement or relieve Tenant to so contract for Servicesfrom full performance of Tenant’s obligations under this Lease. In Notwithstanding the foregoing, in the event that any interruption or discontinuance of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises utilities which was directly caused by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of the acts or sole negligence or willful misconduct of Landlord for a period 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 forty-eight (48) consecutive hours during the Lease Termsuch interruption or discontinuance, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of Tenant ceases doing business in the Premises (or a material portion thereof), Rent shall axxxx thereafter (as reasonably determined by to the Premises or as to such material portion thereof, as the case may be) and for the duration of such interruption or discontinuance. Landlord shall have the exclusive right to select, and Tenant) following to change, the companies providing such forty-eight utilities or services to the Project, Building or the Premises. Upon written request no more often than once a quarter, Tenant shall provide to Landlord reasonable utility consumption data and other related information (48) hour period until such Services are restoredor, 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.

Utilities. Landlord Tenant agrees to provide, at its cost, water, electricity and telephone service connections into pay directly to the appropriate utility company all charges for utility services supplied to Tenant or the Premises; but Tenant shall pay during if the Lease Term and prior East Tower is not separately metered from the balance of the Project, Landlord shall, subject to delinquency all charges for waterthe limitations set forth below in this Article 6, 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 cause the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services same to be supplied so separately metered at Landlord's sole cost and expense. Notwithstanding anything to the contrary herein, subject to the limitations set forth below in this Article 6, Tenant may, at Tenant's option, obtain electrical service to the Premises and shall contract for all of the Services in Tenant's name from a private source. At least six (6) months 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 expiration of the Services cannot be separately billed or metered to the Premises, or if any of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be the percentage obtained by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due Term with respect to any cause whatsoever shall not affect any obligation portion of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result of Tenant's election to extend the acts Term for the Renewal Term, New Lease Option Term or New Lease Renewal Term for less than the entire East Tower, Landlord shall cause any portion of the Premises which will not be subject to this Lease during the applicable renewal term to be separately metered on a floor-by-floor basis, separate and apart from the Premises which will be subject to this Lease during such renewal term. Landlord shall not be liable in damages for any failure or interruption of any utility or service, and no failure or interruption of any utility or service shall entitle Tenant to terminate this Lease or discontinue making payments of Monthly Rental or Additional Rental, unless such failure or interruption is caused by the negligence or willful intentional misconduct of Landlord for a period of forty-eight Landlord. Notwithstanding anything stated to the contrary above in this Article 6, (48a) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant elects to obtain electrical service for the Premises from a private source, it must do so at Tenant's use sole cost and expense, and (b) Tenant's obtaining electrical service from a private source is expressly conditioned upon the same not (i) materially and adversely impairing or interfering with the operation of the Premises East Tower or the West Tower (it being acknowledged and agreed that any work by Tenant to accomplish obtaining electrical service from a private source may involve temporary interruption of service), or (ii) imposing any material cost or expense on Landlord, including, without limitation, any cost or expense not borne by Tenant hereunder arising from the need to separately meter any of the space in the East Tower not being leased by Tenant. If Tenant fails to pay when due any charges referred to in this Article 6, Landlord may pay the charge and Tenant shall reimburse Landlord, as reasonably determined Additional Rental, for any amount so paid by Landlord and within ten (10) days after Tenant) following such forty-eight (48) hour period until such Services are restored's receipt of written demand therefor.

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

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the connection of, and pay all charges for, water, sewer, gas, electricity, telephone, Internet and other services and utilities for the Premises. Tenant acknowledges that the Premises are designed to provide standard office use electrical facilities and standard office lighting. Tenant shall contract for all not use any equipment or devices that utilizes excessive electrical energy or which may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to other tenants. Tenant also shall pay Tenant’s proportionate share of the Services in utilities of the common area, which is 29% (occupied space 1,932 sq ft / total rentable space 6,594 sq ft of the office building) (“Tenant's 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’s Proportionate Share”). In the event that any utility provided to the Premises is not separately metered, Tenant shall pay to Landlord as the Tenant’s Proportionate Share of the Services cannot be separately billed or metered cost of such utility together with the first payment of base rent due after the date on which Tenant receives from Landlord a statement setting forth the cost of such utility and Tenant’s Proportionate Share thereof. Landlord reserves the right to the Premises, or if any estimate in advance as of the Services beginning of any calendar year or anniversary of the Commencement Date Tenant’s Proportionate Share of utilities that are not separately metered as and utilities for the common areas of the Commencement DateLandlord’s Property, in which case Landlord shall notify Tenant of Landlord’s estimate in writing at least fifteen (15) days prior to the cost first day of such Services shall be an Operating Expense year and Tenant shall pay such cost to LandlordLandlord on or before the first day of each calendar month of that year, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share 1/12th of such Services estimated amount. If Landlord elects to estimate such expenses, within forty-five (45) days after the last day of such year Landlord shall send Tenant a reconciliation of the actual amount of such expenses compared to the amount Tenant paid as estimated payments, and any shortfall shall be the percentage obtained paid by dividing the gross leasable square footage contained in the Premises by the total gross leasable square footage located in all buildings utilizing Tenant to Landlord within fifteen (15) days after Tenant’s receipt of such Servicesreconciliation and any excess shall be applied against subsequent payments due from Tenant of Tenant’s Proportionate Share of such utilities. The lack If Tenant does not pay to Landlord within ten (10) days of its due date Tenant’s Proportionate Share of utilities or shortage any estimated payment as to Tenant’s Proportionate Share of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderutilities, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and also pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence Landlord a late fee equal to the contrary notwithstanding, Landlord agrees that if Services are curtailed or suspended to the Premises as a result five percent (5%) of the acts or negligence or willful misconduct amount of Landlord for a period of forty-eight (48) consecutive hours during the Lease Term, then Tenant's Rent payable hereunder shall be equitably abated to the extent such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredlate payment.

Utilities. Landlord agrees to provide, at its cost, water, electricity and telephone service connections into the Premises; but Tenant shall pay during the Lease Term and prior to delinquency all charges for water, gas, light, heat, power, electricity, telephone or other communication service, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises (collectively the "Services") and all taxes, levies, fees or surcharges therefor. Tenant shall arrange for Services to be supplied to the Premises and shall contract for all of the Services in Tenant's name prior to the Commencement Date. The Commencement Date shall not be delayed by reason of any failure by Tenant to so contract for Services. In the event that any utilities are not supplied to the Premises by Landlord as part of Operating Expenses, Tenant will promptly pay, directly to the Services cannot be separately billed or metered appropriate supplier, the cost of all natural gas, heat, cooling, electricity, sewer service, telephone, water, refuse disposal and other utilities and services supplied to the Premises, together with any related installation or if connection charges or deposits (collectively, "Utility Costs") incurred during the Lease Term. If any utilities are jointly metered with other premises, Landlord will make a reasonable determination of the Services are not separately metered as of the Commencement Date, the cost of such Services shall be an Operating Expense and Tenant shall pay such cost to Landlord, as Additional Rent, as provided in Paragraph 12 below, except that Tenant's proportionate share of such Services shall be Utility Costs and Tenant will pay such share to Landlord. Landlord shall, prior to the percentage obtained by dividing the gross leasable square footage contained Term Commencement Date install a check meter or submeter in the Premises (the "Submeter"), at Landlord's sole cost and expense, to measure Tenant's electricity. Landlord shall read the Submeter monthly and shall xxxx Tenant for the cost of Tenant's actual electricity consumption for the Premises as shown by the total gross leasable square footage located in all buildings utilizing such Services. The lack or shortage of any Services due to any cause whatsoever shall not affect any obligation of Tenant hereunderSubmeter, and which costs Tenant shall faithfully keep and observe all pay to Landlord as Additional Rent. If at any time in the terms, conditions and covenants of this Lease and pay all Rentals due hereunder, all without diminution, credit or deduction. The immediately preceding sentence future the electricity supplier to the contrary notwithstandingProperty allows a separate meter to be installed for the Premises, Tenant shall thereafter pay the costs of such electricity directly to the supplier. Landlord agrees that if Services are curtailed or suspended reserves the right to participate in wholesale energy purchase programs and to provide energy to the Premises through such programs so long as a result the cost to Tenant is competitive. In the event of any interruption in any utility due to the acts or negligence or willful misconduct of Landlord that continues for a period of forty-eight more than five (485) consecutive hours during days after written notice of such interruption from Tenant to Landlord, then, commencing after the Lease Termexpiration of such five (5) day period, then Tenant's Rent payable hereunder shall be equitably abated to xxxxx for the extent remaining duration of such curtailment or suspension of Services interferes with Tenant's use of the Premises (as reasonably determined by Landlord and Tenant) following such forty-eight (48) hour period until such Services are restoredinterruption.