Common use of Utility Charges Clause in Contracts

Utility Charges. (a) From and after the earlier to occur of the Lab Space Rent Commencement Date or the Office Space Rent Commencement Date, Tenant shall pay, as Additional Rent, the cost of all electricity, gas, water and all other utilities used or consumed at the Premises, including, without limitation, the utilities and services described in Article 5. (b) The electric, gas and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly by Tenant 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 paid by Tenant to Landlord as a separate line item of Expenses. (c) All other utilities not separately metered, including, without limitation, domestic cold water provided to the Building, sewer charges and common area electric, shall be paid by Tenant as part of Expenses. Landlord may, at Landlord's discretion, cause said utilities provided to the Building to be separately metered or submetered, whereupon such utilities shall be directly paid to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses. (d) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (to the extent permitted by Law), installation and maintenance costs shall be paid by Tenant. The standard capacities for the Building are as set forth in the attached Exhibit E. (e) Electrical service to the Premises may be furnished by one or 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. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Law) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed by the public utility corporation supplying such service to the Building or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution

Utility Charges. (a) From Tenant shall be solely responsible for and after shall promptly pay all necessary fees, deposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the earlier like, for water, gas (if applicable), heat, electricity, centrally conditioned cold air supply, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to occur the Leased Premises, irrespective of whether Landlord has paid for these services in advance, or otherwise. Landlord, at its sole option, may elect to furnish any or all of the Lab Space Rent Commencement Date above services on a “rent inclusion basis” without separate charge therefor to Tenant, by metering or otherwise, such charge to be included in the Office Space Rent Commencement Dateminimum rent payable hereunder, in which event the minimum rent specified in Section 2.01 shall be increased to reflect the value of such service(s) as provided in paragraph (h) below. Alternatively, Landlord, at its sole option, may provide for any or all of such services on a separate-charge basis, and in such event Tenant shall paypurchase such service(s) from Landlord, and within ten (10)thirty (30) days after Landlord bills Tenant for any such service Tenant shall pay Landlord such rates, charges and fees, upon terms and conditions as Additional RentLandlord may establish; provided that, if the rates, charges or fees for any such service are regulated by a public agency, the rates, charges and/or fees to Tenant shall be computed using the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility corporation serving the Shopping Center, but in no event shall the rate be less than Landlord’s cost to furnish the utility. If the cost of all electricity, gas, water and all other utilities used or consumed any such service for any month has not been made known to Landlord at the Premisestime of billing, includingLandlord shall have the right to estimate the amount thereof, without limitationand to base its billing to Tenant upon said estimated amount, the utilities and services described in Article 5. (b) The electric, gas and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly by Tenant to the utility company providing the same or if the cost is not directly payable to the utility companies supplying utilities or services, then Landlord may adjust such billing when the actual costs incurred by amount is made known to Landlord, net of all discounts and rebates received by . Landlord in connection therewith shall also have the right to periodically estimate the monthly amount required to be paid by Tenant to Landlord with respect to any or all of such services provided by Landlord and such estimated monthly amount or amounts shall be paid by Tenant on the first day of each calendar month, in advance, at the place and in the manner specified for payments of minimum rent hereunder. Landlord shall have the right to change such estimated amount or amounts at any time and from time to time, by notice to Tenant. If the total of the estimated monthly payments made by Tenant for any Lease Year or calendar year shall be less than the actual amount due from Tenant pursuant to the provisions of this Section, Tenant shall pay to Landlord the difference between the amount paid by ▇▇▇▇▇▇ and the actual amount due within ten (10)thirty (30) days after submission to Tenant of Landlord’s statement and invoice therefor; and if the total of the estimated payments made by Tenant for any such year shall exceed the actual amount due from Tenant, the excess amount paid shall be credited against the next payment due from Tenant to Landlord under this Section. Landlord, at its sole option, may require Tenant to install separate, appropriate meters for measuring Tenant’s consumption of water, electricity or the like, and may require Tenant to remove any or all such meters upon Landlord’s discontinuing the service in question to Tenant. The failure by Tenant to pay when due any amount payable to Landlord under this Section 12.01 shall carry with it the same consequences as failure to pay any installment of rent when due. Notwithstanding the foregoing, if a separate line item exhibit describing applicable rates for a utility service is attached to this Lease, Tenant shall pay for such service pursuant to such exhibit. (b) In the event Landlord furnishes electricity on a rent inclusion basis as provided above, at such time as Tenant’s lighting and electrical equipment has been completely installed, Landlord may, at Landlord’s sole option (and to the extent permitted by applicable regulations), cause a survey of ExpensesTenant’s usage of electricity to be made by an independent electrical consultant selected by Landlord. The consultant shall render a report to Landlord and Tenant showing the estimated amount of electricity which Tenant will consume, the value thereof, and the minimum rent reserved hereunder shall thereupon be increased to reflect such value. Tenant shall promptly pay to Landlord the difference between the minimum rent hereunder and the increased minimum rent as so determined for all months of the term of this Lease which have therefore elapsed, and each monthly installment of rent thereafter paid by Tenant shall be based upon such increased rent. Subject to applicable utility regulations, each party to this Lease shall thereafter have the right whenever such party believes there has been a material increase or decrease in Tenant’s regular usage of electric current (that is, a change therein other than on a temporary basis) to request, by notice to the other party, a redetermination of the fair rent value of the electric service then furnished by Landlord. When any such request occurs, the redetermination shall be made as promptly as possible by an independent electrical consultant selected by Landlord, and, based upon its report, the minimum rent theretofore required to be paid hereunder shall thereafter be adjusted to reflect such new fair rent value. Any change or adjustment in such report shall be binding on both Landlord and Tenant. It is agreed that the cost of conducting the redetermination shall be borne solely by the party requesting same. ▇▇▇▇▇▇ agrees, on request of ▇▇▇▇▇▇▇▇, to execute and deliver from time to time a supplement to this Lease, setting forth the new minimum rent, as then determined as above provided. After the making of the initial survey referred to above, Tenant shall not without prior written notice to Landlord make any alterations in or additions to the electrical equipment and/or appliances in the Leased Premises. Tenant shall promptly execute a separate utility letter or utility agreement if requested by Landlord or by the applicable utility company. (c) All other utilities not separately metered, including, without limitation, domestic cold water provided Any furnishing by Landlord of electric current to the Building, sewer charges and common area electric, Leased Premises shall be paid by Tenant as part of Expenses. Landlord may, at Landlord's discretion, cause said utilities provided limited to the Building to be separately metered extent of the capacity of Landlord’s existing feeders, switches, risers, wiring installations and other electrical system serving the Leased Premises (the “electric distribution system”). ▇▇▇▇▇▇ agrees that ▇▇▇▇▇▇’s use of electrical current will at no time exceed the capacity of the electric distribution system, and that Tenant will not make any alteration or submetered, whereupon such utilities shall be directly paid addition to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses.electric distribution system without ▇▇▇▇▇▇▇▇’s prior written consent in each instance. S17 COMMON AREA CHARGE (d) In the event that, at any time during the term of this Lease, Tenant desires to connect or install any additional electric fixtures, equipment or appliances to the electric distribution system and such fixtures, equipment or appliances require additional electric current which, in combination with Tenant's use ’s existing electrical requirements exceeds the capacity of electrical service the electric distribution system, then, provided that Landlord shall have consented in writing to such connections or installations, Landlord, upon the written request of Tenant and at the sole cost and expense of Tenant, will install any additional riser or risers (and all other equipment necessary and proper in connection therewith) to supply Tenant’s electric requirements, but only if such riser or risers (and such other equipment) are necessary to supply Tenant with the electric current required by it and will not cause permanent damage or injury to the Leased Premises or the regional retail development of which the Leased Premises form a part or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs, expense or interference with or disturbance of other tenants or occupants of the regional retail development. Notwithstanding any provisions contained in this Section 12.01, Landlord shall not exceed, either in voltage, rated capacity, be obligated to provide any new utility services or overall load, that which Landlord deems increased utility capacities to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (Leased Premises to the extent permitted that the Leased Premises shall have been previously occupied by Law)another tenant, installation and maintenance costs and, if the Leased Premises have not been previously occupied, Landlord shall not be paid by Tenant. The standard obligated to provide any utility services or utility capacities for the Building are other than as specifically set forth in Exhibit B. Tenant shall promptly advise Landlord of any increase in Tenant’s connected load to the attached electric distribution system. Any additional utility services or any increase in utility capacities beyond that in existence if the Leased Premises shall have been previously occupied (or beyond the specifications set forth in Exhibit E.B if the Leased Premises have not been previously occupied) shall be subject to the prior written approval of Landlord, and such additional services or capacities shall be provided at the sole cost and expense of Tenant. (e) Electrical service ▇▇▇▇▇▇ agrees further to provide and install, at Tenant’s sole cost and expense, all lamps, tubes, bulbs, starters, ballasts, transformers and the like items used or required in the Leased Premises. (f) At any time during the term hereof, Landlord may, upon thirty (30) days’ prior written notice to Tenant, discontinue furnishing electric current (or such other utility being furnished by Landlord) to the Leased Premises without thereby affecting this Lease in any manner or otherwise incurring any liability to Tenant, except that the minimum rent reserved herein (if applicable) shall be reduced by the amount then being paid by Tenant on account of Landlord’s service of electricity (or such other utility) to the Leased Premises, determined as provided above (as the same may have been adjusted from time to time pursuant to other provisions of this Article), and Landlord shall no longer be obligated to furnish electric current (or such other utility) to the Leased Premises. If Landlord shall give Tenant notice of intention to cease furnishing electric current (or other utility) to the Leased Premises, Tenant may contract for and receive such electric current (or such other utility) directly from the public utility corporation then serving the Shopping Center, and if Tenant does so, Landlord shall permit Tenant, at Tenant’s sole cost, to use Landlord’s risers, wiring and electric installations (or other utility conduits, as applicable) then serving the Leased Premises for such purpose to the extent that the same are available, suitable and may be furnished safely so used consistent with concurrent and anticipated future use by one or more companies providing electrical generationLandlord and other tenants. (g) If at any time after the date hereof, 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. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for the Property and Premises with energy rates (or other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Lawutility rates) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed as filed by the public utility corporation supplying then serving the Shopping Center shall be reduced or increased, or any tax shall be imposed thereon (or subsequently increased or decreased), then the minimum rent reserved herein shall be equitably adjusted as of the first day of the month next following the effective date of such rate change to reflect the resulting reduction or increase in the value of Landlord’s service of providing Tenant with electric current (or other utility service) on a rent inclusion basis, but in no event shall the minimum rent be reduced below the amount stated in Article II hereof. (h) Notwithstanding any other provisions of this Lease, the value of, or (as applicable) the rate or cost to be charged to Tenant for, each utility furnished by Landlord under any section or provision of this Lease, which utility shall be subject to regulation by a public agency, shall be computed for the purposes of this Lease in accordance with the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility company serving the Shopping Center, but in no event shall the rate be less than Landlord’s cost to furnish the utility (subject to any separate rate schedules for utility services as may be included in the exhibits to this Lease). The value of, or (as applicable) the rate or cost to be charged to Tenant for, any nonregulated utility service provided by Landlord under any section or provision of this Lease shall be computed at the prevailing rates which would be paid by Tenant for direct comparable service from contractors in the local area, except to the Building extent that specific rates are otherwise set forth in this Lease. The public utility corporation referred to in this Section 12.01 shall be a utility company named in Exhibits B or C attached hereto (if any), or the successor to such company or such other company designated by Landlord. (i) Landlord shall not be liable to Tenant for any loss, damage or expense which Tenant may sustain if the quality or character of utilities used upon or furnished to the Leased Premises is are no longer available or suitable for Tenant's ’s requirements, or if said utilities are interrupted as a result of actions by the public utility companies or any other cause and no such change, unavailability interruption, or unsuitability cessation of service shall constitute an actual or constructive evictioneviction of Tenant. (j) Any obligation of Landlord to furnish light, in whole or in partheat, conditioned air, or entitle Tenant power or any utility service shall be conditioned upon the availability of adequate energy sources. Landlord shall have the right to reduce heat, lighting, air conditioning or other utility services within the regional retail development, including without limitation, the Leased Premises and the Common Areas, as required by any abatement mandatory or diminutionvoluntary fuel or energy saving allocation, or any similar statute, regulation, order or program without such action diminishing Tenant’s obligations hereunder. S18 COMMON AREA CHARGE

Utility Charges. (a) From 18.01. Tenant shall pay all charges for gas, water, sewer, electricity, heat or other utility or service supplied to the Demised Premises as measured by meters relating to Tenant's use, and after the earlier to occur any cost of repair, maintenance, replacement, and reading of any meters measuring Tenant's consumption thereof. If any utilities or services are not separately metered or assessed or are only partially separately metered or assessed and are used in common with other tenants or occupants of the Lab Space Rent Commencement Date or the Office Space Rent Commencement DateBuilding, Tenant shall paypay to Landlord on demand Tenant's proportionate share of such charges for utilities and/or services, which shall be such charges multiplied by a fraction the numerator of which shall be the Floor Space in the Demised Premises and the denominator of which shall be the Floor Space of all tenants and occupants of the Building using such utilities and/or services. In the event Landlord determines that Tenant's utilization of any such service exceeds the fraction referred to above, Tenant's proportionate share with respect to such service shall, at Landlord's option, mean the percentage of any such service (but not less than the fraction referred to above) which Landlord reasonably estimates as Additional RentTenant's utilization thereof. Tenant expressly agrees that Landlord shall not be responsible for the failure of supply to Tenant of any of the aforesaid, or any other utility service. Landlord shall not be responsible for any public or private telephone service to be installed in the space, particularly conduit, if required. 18.02. Tenant's use of electric energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant shall not, without Landlord's prior consent in each instance (which shall not be unreasonably withheld), connect any fixtures, appliances or equipment to the Building's electric distribution system or make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost of all electricity, gas, water and all other utilities used or consumed at the Premises, including, without limitation, the utilities and services described in Article 5. (b) The electric, gas and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly by Tenant 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 thereof shall be paid by Tenant to Landlord as a separate line item of Expenseson demand. (c) All other utilities not separately metered, including, without limitation, domestic cold water provided to the Building, sewer charges and common area electric, shall be paid by Tenant as part of Expenses. Landlord may, at Landlord's discretion, cause said utilities provided to the Building to be separately metered or submetered, whereupon such utilities shall be directly paid to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses. (d) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (to the extent permitted by Law), installation and maintenance costs shall be paid by Tenant. The standard capacities for the Building are as set forth in the attached Exhibit E. (e) Electrical service to the Premises may be furnished by one or 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. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Law) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed by the public utility corporation supplying such service to the Building or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution

Utility Charges. (a) From Tenant covenants and after agrees to pay all charges for water, sewer, gas, electricity, light, heat, power, telephone or other utility services used or consumed in or supplied to the earlier to occur Leased Premises commencing as of the Lab Space Rent Commencement Date or the Office Space Rent Commencement Date. The determination of any such utilities shall at the option of Landlord be either (i) by a separate meter installed by Tenant at its expense, or (ii) allocated by Landlord to Tenant on an equitable basis. Should Landlord elect to supply all or any portion of the utility services to be used or consumed on the Leased Premises, Tenant shall payupon presentation of such statement for such utility service pay to Landlord as additional rent under the terms hereof, the amount of said statement if it represents utility service to the Leased Premises only, or for Tenant’s proportionate share of said statement if it includes utility service to an area greater than the Leased Premises. Such proportionate share will be based upon the square footage occupied by Tenant as a percentage of the total square footage of the area metered, adjusted higher for any extra usage reasonably assessed Tenant by virtue of Tenant’s disproportionate use of utilities as a result of ▇▇▇▇▇▇’s use or equipment utilized in Tenant’s operation. Said pro ration of utilities shall be reviewed by Landlord and Tenant at the end of the first year of occupancy, or periodically thereafter, at which time Landlord shall determine if the present percentage of said total utilities is equitable in relation to the use of total services by all the tenants and will be adjusted by Landlord if necessary. Landlord may elect to estimate the average monthly utility cost and establish a monthly escrow payment which be payable by Tenant along with its monthly rent and adjusted at the end of each year. If any such utilities as above defined shall be shared among or between tenants and unoccupied units, twenty percent (20%) of the total cost of such utilities shall be assessed against the vacant unit and the remaining eighty percent (80%) shall be assessed and allocated as outlined above with the exception of gas and electric which will be assessed based off the allocation as if it was occupied. Landlord shall incur no liability to Tenant in the event that any utility becomes unavailable from any source of supply or for any reason not within Landlord’s reasonable control. All utilities required by Tenant and not provided by Landlord, as Additional Rentset forth above, shall be contracted for by Tenant in Tenant’s own name with the cost of appropriate utility suppliers. Tenant shall pay for all electricity, gas, water such utilities. Landlord covenants and agrees to pay for all other utilities used or consumed at in the Premises, including, without limitation, the utilities and services described Common Areas subject to ▇▇▇▇▇▇▇▇’s right to receive from Tenant Tenant’s Pro Rata Share of Operating Expense as provided for in Article 5III. (b) The electric, gas and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly by Tenant 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 paid by Tenant to Landlord as a separate line item of Expenses. (c) All other utilities not separately metered, including, without limitation, domestic cold water provided to the Building, sewer charges and common area electric, shall be paid by Tenant as part of Expenses. Landlord may, at Landlord's discretion, cause said utilities provided to the Building to be separately metered or submetered, whereupon such utilities shall be directly paid to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses. (d) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (to the extent permitted by Law), installation and maintenance costs shall be paid by Tenant. The standard capacities for the Building are as set forth in the attached Exhibit E. (e) Electrical service to the Premises may be furnished by one or 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. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Law) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed by the public utility corporation supplying such service to the Building or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution

Utility Charges. (a) From Tenant shall be solely responsible for and after shall promptly pay all necessary fees, deposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the earlier like, for water, gas, heat, electricity, centrally conditioned cold air supply, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to occur the leased premises, irrespective of whether Landlord has paid for these services in advance, or otherwise. Landlord, at its sole option, may elect to furnish any or all of the Lab Space Rent Commencement Date above services on a "rent inclusion basis" without separate charge therefor to Tenant, by metering or otherwise, such charge to be included in the Office Space Rent Commencement Dateminimum rent payable hereunder, in which event the minimum rent specified in Section 2.01 shall be increased to reflect the value of such service(s) as provided in paragraph (h) below. Alternatively, Landlord, at its sole option, may provide for any or all of such services on a separate-charge basis, and in such event Tenant shall paypurchase such service(s) from Landlord, and within ten (10) days after Landlord bills Tenant for any such service Tenant shall pay Landlord such rates, charges and fees, upon terms and conditions as Additional RentLandlord may establish; provided that, if the rates, charges or fees for any such service are regulated by a public agency, the rates, charges and/or fees to Tenant shall be computed using the rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility corporation without taking into account any discounts such as volume consumption or energy conservation discounts. If the cost of all electricity, gas, water and all other utilities used or consumed any such service for any month has not been made known to Landlord at the Premisestime of billing, includingLandlord shall have the right to estimate the amount thereof, without limitationand to base its billing to Tenant upon said estimated amount, the utilities and services described in Article 5. (b) The electric, gas and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly by Tenant to the utility company providing the same or if the cost is not directly payable to the utility companies supplying utilities or services, then Landlord may 0adjust such billing when the actual costs incurred by amount is made known to Landlord, net of all discounts and rebates received by . Landlord in connection therewith shall also have the right to periodically estimate the monthly amount required to be paid by Tenant to Landlord as a separate line item with respect to any or all of Expenses. (c) All other utilities not separately metered, including, without limitation, domestic cold water such services provided to the Building, sewer charges by Landlord and common area electric, such estimated monthly amount or amounts shall be paid by Tenant on the first day of each calendar month, in advance, at the place and in the manner specified for payments of minimum rent hereunder. Landlord shall have the right to change such estimated amount or amounts at any time and from time to time, by notice to Tenant. If the total of the estimated monthly payments made by Tenant for any lease year or calendar year shall be less than the actual amount due from Tenant pursuant to the provisions of this Section, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due within ten (10) days after submission to Tenant of Landlord's statement and invoice therefor; and if the total of the estimated payments made by Tenant for any such year shall exceed the actual amount due from Tenant, the excess amount paid shall be credited against the next payment due from Tenant to Landlord under this Section. Landlord, at its sole option, may require Tenant to install separate, appropriate meters for measuring Tenant's consumption of water, electricity or the like, and may require Tenant to remove any or all such meters upon Landlord's discontinuing the service in question to Tenant. The failure by Tenant to pay when due any amount payable to Landlord under this Section 12.01 shall carry with it the same consequences as part failure to pay any installment of Expensesrent when due. Notwithstanding the foregoing, if a separate exhibit describing applicable rates for a utility service is attached to this Lease, Tenant shall pay for such service pursuant to such exhibit. Notwithstanding the foregoing, Landlord and Tenant acknowledge that the leased premises are currently separately metered for electricity and Tenant's electrical charges shall be computed based upon such separate metering. Tenant shall be entitled to employ an electrical engineer to survey its actual consumption of electricity in the leased premises. In the event Tenant's electrical engineer does not agree with the electrical consumption component of the charge set forth by Landlord pursuant to this Section 12.01, then upon notice from Tenant's engineer in writing to Landlord, which such notice shall set forth the engineer's findings with respect to Tenant's consumption of electrical service, Landlord shall be entitled either to accept such findings and adjust its charge prospectively or within thirty (30) days thereafter to advise Tenant in writing that it disagrees with such findings. Upon receipt of such notice from Landlord, Tenant shall be entitled either to accept Landlord's conclusion or both Landlord's and Tenant's electrical engineers shall within fifteen (15) days thereafter select a third electrical engineer who shall have access to both the leased premises and the Shopping Center for purposes of computation of Tenant's consumption of electrical service. Such independent electrical engineer shall render a decision within thirty (30) days after his appointment, which such decision shall be final and binding upon both Landlord and Tenant. It is understood and agreed, however, that Tenant shall be obligated to pay all charges billed by Landlord pursuant to this Section prior to and during the period of arbitration and until the independent electrical engineer's findings have been rendered in writing. It is further understood and agreed that, in the event Landlord shall furnish a check meter to compute actual usage, the results of such metering shall be final and conclusive with respect to charges billed pursuant to this Section." This paragraph shall not apply if the leased premises is located in Sunvalley. (b) In the event Landlord furnishes electricity on a rent inclusion basis as provided above, at such time as Tenant's lighting and electrical equipment has been completely installed, Landlord may, at Landlord's discretionsole option (and to the extent permitted by applicable regulations), cause said utilities provided a survey of Tenant's usage of electricity to be made by an independent electrical consultant selected by Landlord. The consultant shall render a report to Landlord and Tenant showing the estimated amount of electricity which Tenant will consume, the value thereof, and the minimum rent reserved hereunder shall thereupon be increased to reflect such value. Tenant shall promptly pay to Landlord the difference between the minimum rent hereunder and the increased minimum rent as so determined for all months of the term of this Lease which have therefore elapsed, and each monthly installment of rent thereafter paid by Tenant shall be based upon such increased rent. Subject to applicable utility regulations, each party to this Lease shall thereafter have the right whenever such party believes there has been a material increase or decrease in Tenant's regular usage of electric current (that is, a change therein other than on a temporary basis) to request, by notice to the Building other party, a redetermination of the fair rent value of the electric service then furnished by Landlord. When any such request occurs, the redetermination shall be made as promptly as possible by an independent electrical consultant selected by Landlord, and, based upon its report, the minimum rent theretofore required to be separately metered paid hereunder shall thereafter be adjusted to reflect such new fair rent value. Any change or submetered, whereupon adjustment in such utilities report shall be directly paid binding on both Landlord and Tenant. It is agreed that the cost of conducting the redetermination shall be borne solely by the party requesting same. Tenant agrees, on request of Landlord, to execute and deliver from time to time a supplement to this Lease, setting forth the new minimum rent, as then determined as above provided. After the making of the initial survey referred to above, Tenant shall not without prior written notice to Landlord make any alterations in or additions to the electrical equipment and/or appliances in the leased premises. Tenant shall promptly execute a separate utility company providing such utility, letter or utility agreement if not payable directly requested by Landlord or by the applicable utility company. (c) Any furnishing by Landlord of electric current to the providing utility companyleased premises shall be limited to the extent of the capacity of Landlord's existing feeders, paid switches, risers, wiring installations and other electrical system serving the leased premises (the "electric distribution system"). Tenant agrees that Tenant's use of electrical current will at no time exceed the capacity of the electric distribution system, and that Tenant will not make any alteration or addition to Landlord as a separate line item of Expensesthe electric distribution system without Landlord's prior written consent in each instance. (d) In the event that, at any time during the term of this Lease, Tenant desires to connect or install any additional electric fixtures, equipment or appliances to the electric distribution system and such fixtures, equipment or appliances require additional electric current which, in combination with Tenant's use existing electrical requirements exceeds the capacity of electrical service the electric distribution system, then, provided that Landlord shall have consented in writing to such connections or installations, Landlord, upon the written request of Tenant and at the sole cost and expense of Tenant, will install any additional riser or risers (and all other equipment necessary and proper in connection therewith) to supply Tenant's electric requirements, but only if such riser or risers (and such other equipment) are necessary to supply Tenant with the electric current required by it and will not cause permanent damage or injury to the leased premises or the regional retail development of which the leased premises form a part or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs, expense or interference with or disturbance of other tenants or occupants of the regional retail development. Notwithstanding any provisions contained in this Section 12.01, Landlord shall not exceed, either in voltage, rated capacity, be obligated to provide any new utility services or overall load, that which Landlord deems increased utility capacities to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (leased premises to the extent permitted that the leased premises shall have been previously occupied by Law)another tenant, installation and maintenance costs and, if the leased premises have not been previously occupied, Landlord shall not be paid by Tenant. The standard obligated to provide any utility services or utility capacities for the Building are other than as specifically set forth in Exhibit B. Tenant shall promptly advise Landlord of any increase in Tenant's connected load to the attached electric distribution system. Any additional utility services or any increase in utility capacities beyond that in existence if the leased premises shall have been previously occupied (or beyond the specifications set forth in Exhibit E.B if the leased premises have not been previously occupied) shall be subject to the prior written approval of Landlord, and such additional services or capacities shall be provided at the sole cost and expense of Tenant. (e) Electrical service Tenant agrees further to provide and install, at Tenant's sole cost and expense, all lamps, tubes, bulbs, stainers, ballasts, transformers and the like items used or required in the leased premises. (f) At any time during the term hereof, Landlord may, upon the thirty (30) days' prior written notice to Tenant, discontinue furnishing electric current (or such other utility being furnished by Landlord) to the Premises leased premises without thereby affecting this Lease in any manner or otherwise incurring any liability to Tenant, except that the minimum rent reserved herein shall be reduced by the amount then being paid by Tenant on account of Landlord's service of electricity (or such other utility) to the leased premises, determined as provided above (as the same may have been adjusted from time to time pursuant to other provisions of this Article), and Landlord shall no longer be obligated to furnish electric current (or such other utility) to the leased premises. If Landlord shall give Tenant notice of intention to cease furnishing electric current (or other utility) to the leased premises, Tenant may contract for and receive such electric current (or such other utility) directly from the public utility corporation then serving the Shopping Center, and if Tenant does so, Landlord shall permit Tenant, at Tenant's sole cost, to use Landlord's risers, wiring and electric installations (or other utility conduits, as applicable) then serving the leased premises for such purpose to the extent that the same are available, suitable and may be furnished safely so used consistent with concurrent and anticipated future use by one or more companies providing electrical generationLandlord and other tenants. (g) If at any time after the date hereof, 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. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for the Property and Premises with energy rates (or other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Lawutility; step) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed as filed by the public utility corporation supplying then serving the Shopping Center shall be reduced or increased, or any tax shall be imposed thereon (or subsequently increased or decreased), then the minimum rent reserved herein shall be equitably adjusted as of the first day of the month next following the effective date of such rate change to reflect the resulting reduction or increase in the value of Landlord's service of providing Tenant with electric current (or other utility service) on a rent inclusion basis, but in no event shall the minimum rent be reduced below the amount stated in Article 11 hereof. (h) Notwithstanding any other provisions of this Lease, the value of, or (as applicable) the rate for, each utility furnished by Landlord, which utility shall be subject to regulation by a public agency, shall be computed for the purposes of this Lease in accordance with the rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility company serving the Shopping Center without taking into account any discounts such as volume consumption or energy conservation discounts (subject to any separate rate schedules for utility services as may be included in the exhibits to this Lease). The value of, or (as applicable) the rate for, any nonregulated utility service provided by Landlord shall be computed at the prevailing rates which would be paid by Tenant for direct comparable service from contractors in the local area, except to the Building extent that specific rates are otherwise set forth in this Lease. The public utility corporation referred to in this Section 12.01 shall be the utility company named in Exhibit C attached hereto (if any), or the Premises is successor to such company or such other company designated by Landlord. (i) Landlord shall not be liable to Tenant for any loss, damage or expense which Tenant may sustain if the quality or character of utilities used upon or furnished to the leased premises are no longer available or suitable for Tenant's requirements, or if said utilities are interrupted as a result of actions by the public utility companies or any other cause and no such change, unavailability interruption, or unsuitability cessation of service shall constitute an actual or constructive evictioneviction of Tenant. In the event the supply of electricity to the leased premises is continuously interrupted for a period of over seventy-two (72) hours and such interruption in service is caused solely by the negligence of Landlord and, in whole or in partfact forces Tenant to cease operations within the leased premises, then, from and after such seventy-two (72) hour period, and as Tenant's sole remedy, Tenant shall be entitled to an abatement of minimum rent due under this Lease until the date upon which electrical service to the leased premises is restored. (j) Any obligation of Landlord to furnish light, heat, conditioned air, or entitle Tenant power or any utility service shall be conditioned upon the availability of adequate energy sources. Landlord shall have the right to reduce heat, lighting, air conditioning or other utility services within the regional retail development, including without limitation, the leased premises and the common areas, as required by any abatement mandatory or diminutionvoluntary fuel or energy saving allocation, or any similar statute, regulation, order or program without such action diminishing Tenant's obligations hereunder.

Utility Charges. (a) From Tenant shall be solely responsible for and after shall promptly pay all necessary fees, deposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the earlier like, for water, gas (if applicable), heat, electricity, centrally conditioned cold air supply, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to occur the Leased Premises, irrespective of whether Landlord has paid for these services in advance, or otherwise. Landlord, at its sole option, may elect to furnish any or all of the Lab Space Rent Commencement Date above services on a “rent inclusion basis” without separate charge therefor to Tenant, by metering or otherwise, such charge to be included in the Office Space Rent Commencement Dateminimum rent payable hereunder, in which event the minimum rent specified in Section 2.01 shall be increased to reflect the value of such service(s) as provided in paragraph (h) below. Alternatively, Landlord, at its sole option, may provide for any or all of such services on a separate-charge basis, and in such event Tenant shall paypurchase such service(s) from Landlord, and within ten (10)thirty (30) days after Landlord bills Tenant for any such service Tenant shall pay Landlord such rates, charges and fees, upon terms and conditions as Additional RentLandlord may establish; provided that, if the rates, charges or fees for any such service are regulated by a public agency, the rates, charges and/or fees to Tenant shall be computed using the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility corporation serving the Shopping Center, but in no event shall the rate be less than Landlord’s cost to furnish the utility. If the cost of all electricity, gas, water and all other utilities used or consumed any such service for any month has not been made known to Landlord at the Premisestime of billing, includingLandlord shall have the right to estimate the amount thereof, without limitationand to base its billing to Tenant upon said estimated amount, the utilities and services described in Article 5. (b) The electric, gas and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly by Tenant to the utility company providing the same or if the cost is not directly payable to the utility companies supplying utilities or services, then Landlord may adjust such billing when the actual costs incurred by amount is made known to Landlord, net of all discounts and rebates received by . Landlord in connection therewith shall also have the right to periodically estimate the monthly amount required to be paid by Tenant to Landlord with respect to any or all of such services provided by Landlord and such estimated monthly amount or amounts shall be paid by Tenant on the first day of each calendar month, in advance, at the place and in the manner specified for payments of minimum rent hereunder. Landlord shall have the right to change such estimated amount or amounts at any time and from time to time, by notice to Tenant. If the total of the estimated monthly payments made by Tenant for any Lease Year or calendar year shall be less than the actual amount due from Tenant pursuant to the provisions of this Section, Tenant shall pay to Landlord the difference between the amount paid by ▇▇▇▇▇▇ and the actual amount due within ten (10)thirty (30) days after submission to Tenant of Landlord’’s statement and invoice therefor; and if the total of the estimated payments made by Tenant for any such year shall exceed the actual amount due from Tenant, the excess amount paid shall be credited against the next payment due from Tenant to Landlord under this Section. Landlord, at its sole option, may require Tenant to install separate, appropriate meters for measuring Tenant’’s consumption of water, electricity or the like, and may require Tenant to remove any or all such meters upon Landlord’’s discontinuing the service in question to Tenant. The failure by Tenant to pay when due any amount payable to Landlord under this Section 12.01 shall carry with it the same consequences as failure to pay any installment of rent when due. Notwithstanding the foregoing, if a separate line item exhibit describing applicable rates for a utility service is attached to this Lease, Tenant shall pay for such service pursuant to such exhibit. (b) In the event Landlord furnishes electricity on a rent inclusion basis as provided above, at such time as Tenant’s lighting and electrical equipment has been completely installed, Landlord may, at Landlord’s sole option (and to the extent permitted by applicable regulations), cause a survey of ExpensesTenant’s usage of electricity to be made by an independent electrical consultant selected by Landlord. The consultant shall render a report to Landlord and Tenant showing the estimated amount of electricity which Tenant will consume, the value thereof, and the minimum rent reserved hereunder shall thereupon be increased to reflect such value. Tenant shall promptly pay to Landlord the difference between the minimum rent hereunder and the increased minimum rent as so determined for all months of the term of this Lease which have therefore elapsed, and each monthly installment of rent thereafter paid by Tenant shall be based upon such increased rent. Subject to applicable utility regulations, each party to this Lease shall thereafter have the right whenever such party believes there has been a material increase or decrease in Tenant’s regular usage of electric current (that is, a change therein other than on a temporary basis) to request, by notice to the other party, a redetermination of the fair rent value of the electric service then furnished by Landlord. When any such request occurs, the redetermination shall be made as promptly as possible by an independent electrical consultant selected by Landlord, and, based upon its report, the minimum rent theretofore required to be paid hereunder shall thereafter be adjusted to reflect such new fair rent value. Any change or adjustment in such report shall be binding on both Landlord and Tenant. It is agreed that the cost of conducting the redetermination shall be borne solely by the party requesting same. ▇▇▇▇▇▇ agrees, on request of ▇▇▇▇▇▇▇▇, to execute and deliver from time to time a supplement to this Lease, setting forth the new minimum rent, as then determined as above provided. After the making of the initial survey referred to above, Tenant shall not without prior written notice to Landlord make any alterations in or additions to the electrical equipment and/or appliances in the Leased Premises. Tenant shall promptly execute a separate utility letter or utility agreement if requested by Landlord or by the applicable utility company. (c) All other utilities not separately metered, including, without limitation, domestic cold water provided Any furnishing by Landlord of electric current to the Building, sewer charges and common area electric, Leased Premises shall be paid by Tenant as part of Expenses. Landlord may, at Landlord's discretion, cause said utilities provided limited to the Building to be separately metered extent of the capacity of Landlord’s existing feeders, switches, risers, wiring installations and other electrical system serving the Leased Premises (the “electric distribution system”). ▇▇▇▇▇▇ agrees that ▇▇▇▇▇▇’s use of electrical current will at no time exceed the capacity of the electric distribution system, and that Tenant will not make any alteration or submetered, whereupon such utilities shall be directly paid addition to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses.electric distribution system without ▇▇▇▇▇▇▇▇’s prior written consent in each instance. S17 Impossible Kicks/Dolphin Mall/03/21/23 COMMON AREA CHARGE (d) In the event that, at any time during the term of this Lease, Tenant desires to connect or install any additional electric fixtures, equipment or appliances to the electric distribution system and such fixtures, equipment or appliances require additional electric current which, in combination with Tenant's use ’s existing electrical requirements exceeds the capacity of electrical service the electric distribution system, then, provided that Landlord shall have consented in writing to such connections or installations, Landlord, upon the written request of Tenant and at the sole cost and expense of Tenant, will install any additional riser or risers (and all other equipment necessary and proper in connection therewith) to supply Tenant’s electric requirements, but only if such riser or risers (and such other equipment) are necessary to supply Tenant with the electric current required by it and will not cause permanent damage or injury to the Leased Premises or the regional retail development of which the Leased Premises form a part or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs, expense or interference with or disturbance of other tenants or occupants of the regional retail development. Notwithstanding any provisions contained in this Section 12.01, Landlord shall not exceed, either in voltage, rated capacity, be obligated to provide any new utility services or overall load, that which Landlord deems increased utility capacities to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (Leased Premises to the extent permitted that the Leased Premises shall have been previously occupied by Law)another tenant, installation and maintenance costs and, if the Leased Premises have not been previously occupied, Landlord shall not be paid by Tenant. The standard obligated to provide any utility services or utility capacities for the Building are other than as specifically set forth in Exhibit B. Tenant shall promptly advise Landlord of any increase in Tenant’s connected load to the attached electric distribution system. Any additional utility services or any increase in utility capacities beyond that in existence if the Leased Premises shall have been previously occupied (or beyond the specifications set forth in Exhibit E.B if the Leased Premises have not been previously occupied) shall be subject to the prior written approval of Landlord, and such additional services or capacities shall be provided at the sole cost and expense of Tenant. (e) Electrical service ▇▇▇▇▇▇ agrees further to provide and install, at Tenant’s sole cost and expense, all lamps, tubes, bulbs, starters, ballasts, transformers and the like items used or required in the Leased Premises. (f) At any time during the term hereof, Landlord may, upon thirty (30) days’ prior written notice to Tenant, discontinue furnishing electric current (or such other utility being furnished by Landlord) to the Leased Premises without thereby affecting this Lease in any manner or otherwise incurring any liability to Tenant, except that the minimum rent reserved herein (if applicable) shall be reduced by the amount then being paid by Tenant on account of Landlord’s service of electricity (or such other utility) to the Leased Premises, determined as provided above (as the same may have been adjusted from time to time pursuant to other provisions of this Article), and Landlord shall no longer be obligated to furnish electric current (or such other utility) to the Leased Premises. If Landlord shall give Tenant notice of intention to cease furnishing electric current (or other utility) to the Leased Premises, Tenant may contract for and receive such electric current (or such other utility) directly from the public utility corporation then serving the Shopping Center, and if Tenant does so, Landlord shall permit Tenant, at Tenant’s sole cost, to use Landlord’s risers, wiring and electric installations (or other utility conduits, as applicable) then serving the Leased Premises for such purpose to the extent that the same are available, suitable and may be furnished safely so used consistent with concurrent and anticipated future use by one or more companies providing electrical generationLandlord and other tenants. (g) If at any time after the date hereof, 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. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for the Property and Premises with energy rates (or other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Lawutility rates) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed as filed by the public utility corporation supplying then serving the Shopping Center shall be reduced or increased, or any tax shall be imposed thereon (or subsequently increased or decreased), then the minimum rent reserved herein shall be equitably adjusted as of the first day of the month next following the effective date of such rate change to reflect the resulting reduction or increase in the value of Landlord’s service of providing Tenant with electric current (or other utility service) on a rent inclusion basis, but in no event shall the minimum rent be reduced below the amount stated in Article II hereof. (h) Notwithstanding any other provisions of this Lease, the value of, or (as applicable) the rate or cost to be charged to Tenant for, each utility furnished by Landlord under any section or provision of this Lease, which utility shall be subject to regulation by a public agency, shall be computed for the purposes of this Lease in accordance with the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility company serving the Shopping Center, but in no event shall the rate be less than Landlord’s cost to furnish the utility (subject to any separate rate schedules for utility services as may be included in the exhibits to this Lease). The value of, or (as applicable) the rate or cost to be charged to Tenant for, any nonregulated utility service provided by Landlord under any section or provision of this Lease shall be computed at the prevailing rates which would be paid by Tenant for direct comparable service from contractors in the local area, except to the Building extent that specific rates are otherwise set forth in this Lease. The public utility corporation referred to in this Section 12.01 shall be a utility company named in Exhibits B or C attached hereto (if any), or the successor to such company or such other company designated by Landlord. (i) Landlord shall not be liable to Tenant for any loss, damage or expense which Tenant may sustain if the quality or character of utilities used upon or furnished to the Leased Premises is are no longer available or suitable for Tenant's ’s requirements, or if said utilities are interrupted as a result of actions by the public utility companies or any other cause and no such change, unavailability interruption, or unsuitability cessation of service shall constitute an actual or constructive evictioneviction of Tenant. (j) Any obligation of Landlord to furnish light, in whole or in partheat, conditioned air, or entitle Tenant power or any utility service shall be conditioned upon the availability of adequate energy sources. Landlord shall have the right to reduce heat, lighting, air conditioning or other utility services within the regional retail development, including without limitation, the Leased Premises and the Common Areas, as required by any abatement mandatory or diminutionvoluntary fuel or energy saving allocation, or any similar statute, regulation, order or program without such action diminishing Tenant’s obligations hereunder. S18 Impossible Kicks/Dolphin Mall/03/21/23 COMMON AREA CHARGE

Utility Charges. (Notwithstanding anything contained in this section to the contrary, in lieu of including certain utility charges or services in Expenses, Landlord may bill Tenant and Tenant shall pay for such utilities or services in a) From and after the earlier to occur ▇▇ ▇ne or a combination of the Lab Space Rent Commencement Date following manners: (i) direct charges for services provided for the exclusive benefit of the Premises which are subject to quantification; (ii) based on a formula which takes into account the relative intensity or the Office Space Rent Commencement Date, quantity of use of utilities or services by Tenant shall pay, as Additional Rent, the cost of all electricity, gas, water and all other recipients of such utilities used or consumed services, as reasonably determined by Landlord; or (iii) pro rata based upon the proportion that the Rentable Area of the Premises bears to the total rentable area of the other premises occupied by other tenants which use the Premises within the Office Center which receive the applicable utilities or services. If Landlord includes utilities in Expenses as provided herein, Landlord such utility charges shall be at the Premisesrates charged by utility providers and Landlord shall have no right of additional surcharge or profit thereon. In addition, includingLandlord may, without limitationin lieu of including certain utility charges in Expenses, provide for direct delivery of such utility services to Tenant by the utility providers. In such event, all costs and expenses incurred in connection with provision of such utility services directly to tenants, including all costs associated with the provision of separate meters to the premises, shall be includable in Expenses or paid by Tenant and the other tenants receiving such meters in amounts as reasonably allocated by Landlord, and, after such direct provision of utility services has been effected, the utilities applicable utility charges for ongoing service shall not be included in Expenses. Landlord and services described in Article 5. (b) The electric, gas Tenant acknowledge and water consumed and used at agree that the Premises Tenant's computer room shall be separately metered and said costs Tenant shall be paid directly by Tenant pay the entire utility charge relating 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 paid by Tenant to Landlord as a separate line item of Expensescomputer room. (c) All other utilities not separately metered, including, without limitation, domestic cold water provided to the Building, sewer charges and common area electric, shall be paid by Tenant as part of Expenses. Landlord may, at Landlord's discretion, cause said utilities provided to the Building to be separately metered or submetered, whereupon such utilities shall be directly paid to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses. (d) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (to the extent permitted by Law), installation and maintenance costs shall be paid by Tenant. The standard capacities for the Building are as set forth in the attached Exhibit E. (e) Electrical service to the Premises may be furnished by one or 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. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Law) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed by the public utility corporation supplying such service to the Building or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution

Utility Charges. In substitution for the text of paragraphs (a) From and after through (g) of Section 12.01, the earlier to occur of the Lab Space Rent Commencement Date or the Office Space Rent Commencement Date, following provisions shall apply: Tenant shall pay, as Additional Rent, the cost of be solely responsible for and shall promptly pay all electricitycharges for water, gas, water heat, electricity, sewer and any other utility used upon or furnished to the leased premises. Tenant shall contract directly with and shall be solely responsible to the public utility companies for the installation of service and the payment of all charges for Tenant's usage of such utility services. Landlord shall have the right, at its sole option, to supply electricity to the leased premises in which event the minimum rent reserved under this Lease will be increased for the period that Landlord so supplies such electricity to include the increase in the fair and reasonable rental value of the leased premises due to the supplying of such electricity in accordance with the numbered paragraphs set forth below. If Landlord shall elect to supply any of 'the foregoing other utilities used upon or consumed furnished to the leased premises, Tenant agrees to purchase and pay for same as additional rent, within ~ days of the presentation by Landlord to Tenant of bills therefor, at the Premisesrates which would be applicable to Tenant as a direct customer of the public utility company, including, without limitation, the utilities and services described in Article 5. (b) The electric, gas and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly as such rates are filed by Tenant to the utility company providing serving the same or if area with the cost is not directly payable proper regulating authority and in effect from time to time covering such services. Landlord shall also have the utility companies supplying utilities or services, then right to periodically estimate the actual costs incurred by Landlord, net of all discounts and rebates received by Landlord in connection therewith shall monthly amount required to be paid by Tenant to Landlord as a separate line item with respect to any or all of Expenses. (c) All other utilities not separately metered, including, without limitation, domestic cold water such services provided to the Building, sewer charges by Landlord and common area electric, such estimated monthly amount or amounts shall be paid by Tenant as part on the first day of Expenses. Landlord mayeach calendar month, in advance, at Landlord's discretion, cause said utilities provided to the Building to be separately metered or submetered, whereupon such utilities shall be directly paid to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses. (d) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), place and the additional usage (to the extent permitted by Law), installation and maintenance costs shall be paid by Tenant. The standard capacities for the Building are as set forth in the attached Exhibit E. (e) Electrical service to the Premises may be furnished by one or more companies providing electrical generation, transmission and distribution services, and the cost manner specified for payments of electricity may consist of several different components or separate charges for such services, such as generation, distribution and stranded cost chargesminimum rent hereunder. Landlord shall have the exclusive right to select change such estimated amount or amounts at any company providing electrical service time and from time to time. by notice to Tenant. If the total of the estimated monthly payments made by Tenant shall be less for any lease year or calendar year than the actual amount due from Tenant pursuant to the Premisesprovisions of this Section, Tenant shall pay to aggregate Landlord the electrical service difference between the amount paid by Tenant and the actual amount due within ~~(4~) days after submission to Tenant of Landlord's statement and invoice therefor; and if the total of the estimated payments made by Tenant for any such year shall exceed the actual amount due from Tenant, the excess amount paid shall be credited against the next payment due from Tenant to Landlord under this Section. The obligation of Tenant to pay for such utilities shall commence as of the date on which possession of the premises is delivered to Tenant, without regard to any free rent period or formal commencement date of this Lease. Prior to the commencement of the term of this Lease, (1) Landlord shall analyze Tenant's Working Drawings and Specifications covering its construction of the leased premises and shall determine Tenant's annual electric (kilowatt) requirements at the leased premises. Such determination shall be based upon (i) Tenant's electric requirements for the Property projected number of hours per year during which the leased premises will be open for business (i.e., the number of hours established for the Shopping Center by the Landlord), and Premises with other buildingsduring which Tenant's employees will be present at the leased premises (for inventory, clean-up, meetings, etc.): and (ii) Tenant's electric requirements during the remaining hours in the year. Based upon such information, Landlord will calculate the annual amount which Tenant would be charged by the local electric public utility company for furnishing such electrical energy, and Tenant agrees that the minimum rent reserved under the Lease will be increased by such amount. (2) Landlord reserves the right to purchase electricity through a broker and/or buyers group further increase the minimum rent to reflect any increase in the annual amount which Tenant would be charged by the local electric utility company or in the event of any change in the construction of the leased premises or if Tenant operates its premises in excess of the number of hours as projected above. (3) At any time after the execution of the Lease, either Landlord or Tenant may request an appraisal by an independent electrical engineer, mutually acceptable to Landlord and Tenant, who is qualified to change determine whether the providers adjustment in the minimum rent as computed by Landlord is below or in excess of the amount which Tenant would be charged by the local electric utility company for furnishing such electrical energy. If Landlord and manner of purchasing electricity. Landlord Tenant cannot agree promptly upon an independent electrical engineer, then the matter shall be entitled to receive a fee submitted for arbitration before the American Arbitration Association. (4) The appraisal or arbitration, as the case may be, shall be binding on both parties and shall set forth the amount, if permitted any, by Law) which the adjustment of the minimum rent reflecting the increased value of the leased premises resulting from Landlord supplying electrical energy is below or in excess of the annual amount which Tenant would be charged by the local electric utility company for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that furnishing such electrical energy. The minimum rent shall thereupon be adjusted by the amount of such fee deficiency or excess, such adjustment to become effective as of the first day of the month following the month in which demand for the appraisal was made. (5) The cost of such appraisal or arbitration shall not exceed 50% be shared equally between Landlord and Tenant; provided, that if either party requests an appraisal prior to one year after the effective date of any savings obtained by Landlord. If either the quantity last preceding appraisal or character arbitration, the entire cost of utility service is changed such appraisal or arbitration shall be paid for by the public utility corporation supplying party requesting such service appraisal. In each case, upon completion of an appraisal and, if necessary. arbitration pursuant to this agreement, the Building parties agree that the minimum rent shall reflect such adjustment or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminutionadjustments.

Utility Charges. (a) From Tenant shall be solely responsible for and after shall promptly pay all necessary fees, deposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the earlier like, for water, gas (if applicable), heat, electricity, centrally conditioned cold air supply, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to occur the Leased Premises, irrespective of whether Landlord has paid for these services in advance, or otherwise. Landlord, at its sole option, may elect to furnish any or all of the Lab Space Rent Commencement Date above services on a “rent inclusion basis” without separate charge therefor to Tenant, by metering or otherwise, such charge to be included in the Office Space Rent Commencement Dateminimum rent payable hereunder, in which event the minimum rent specified in Section 2.01 shall be increased to reflect the value of such service(s) as provided in paragraph (h) below. Alternatively, Landlord, at its sole option, may provide for any or all of such services on a separate-charge basis, and in such event Tenant shall paypurchase such service(s) from Landlord, and within ten (10)thirty (30) days after Landlord bills Tenant for any such service Tenant shall pay Landlord such rates, charges and fees, upon terms and conditions as Additional RentLandlord may establish; provided that, if the rates, charges or fees for any such service are regulated by a public agency, the rates, charges and/or fees to Tenant shall be computed using the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility corporation serving the Shopping Center, but in no event shall the rate be less than Landlord’s cost to furnish the utility. If the cost of all electricity, gas, water and all other utilities used or consumed any such service for any month has not been made known to Landlord at the Premisestime of billing, includingLandlord shall have the right to estimate the amount thereof, without limitationand to base its billing to Tenant upon said estimated amount, the utilities and services described in Article 5. (b) The electric, gas and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly by Tenant to the utility company providing the same or if the cost is not directly payable to the utility companies supplying utilities or services, then Landlord may adjust such billing when the actual costs incurred by amount is made known to Landlord, net of all discounts and rebates received by . Landlord in connection therewith shall also have the right to periodically estimate the monthly amount required to be paid by Tenant to Landlord with respect to any or all of such services provided by Landlord and such estimated monthly amount or amounts shall be paid by Tenant on the first day of each calendar month, in advance, at the place and in the manner specified for payments of minimum rent hereunder. Landlord shall have the right to change such estimated amount or amounts at any time and from time to time, by notice to Tenant. If the total of the estimated monthly payments made by Tenant for any Lease Year or calendar year shall be less than the actual amount due from Tenant pursuant to the provisions of this Section, Tenant shall pay to Landlord the difference between the amount paid by ▇▇▇▇▇▇ and the actual amount due within ten (10)thirty (30) days after submission to Tenant of Landlord’’s statement and invoice therefor; and if the total of the estimated payments made by Tenant for any such year shall exceed the actual amount due from Tenant, the excess amount paid shall be credited against the next payment due from Tenant to Landlord under this Section. Landlord, at its sole option, may require Tenant to install separate, appropriate meters for measuring Tenant’’s consumption of water, electricity or the like, and may require Tenant to remove any or all such meters upon Landlord’’s discontinuing the service in question to Tenant. The failure by Tenant to pay when due any amount payable to Landlord under this Section 12.01 shall carry with it the same consequences as failure to pay any installment of rent when due. Notwithstanding the foregoing, if a separate line item exhibit describing applicable rates for a utility service is attached to this Lease, Tenant shall pay for such ervice pursuant to such exhibit. S18 COMMON AREA CHARGE (b) In the event Landlord furnishes electricity on a rent inclusion basis as provided above, at such time as Tenant’’s lighting and electrical equipment has been completely installed, Landlord may, at ▇▇▇▇▇▇▇▇’’s sole option (and to the extent permitted by applicable regulations), cause a survey of ExpensesTenant’’s usage of electricity to be made by an independent electrical consultant selected by Landlord. The consultant shall render a report to Landlord and Tenant showing the estimated amount of electricity which Tenant will consume, the value thereof, and the minimum rent reserved hereunder shall thereupon be increased to reflect such value. Tenant shall promptly pay to Landlord the difference between the minimum rent hereunder and the increased minimum rent as so determined for all months of the term of this Lease which have therefore elapsed, and each monthly installment of rent thereafter paid by Tenant shall be based upon such increased rent. Subject to applicable utility regulations, each party to this Lease shall thereafter have the right whenever such party believes there has been a material increase or decrease in Tenant’’s regular usage of electric current (that is, a change therein other than on a temporary basis) to request, by notice to the other party, a redetermination of the fair rent value of the electric service then furnished by Landlord. When any such request occurs, the redetermination shall be made as promptly as possible by an independent electrical consultant selected by Landlord, and, based upon its report, the minimum rent theretofore required to be paid hereunder shall thereafter be adjusted to reflect such new fair rent value. Any change or adjustment in such report shall be binding on both Landlord and Tenant. It is agreed that the cost of conducting the redetermination shall be borne solely by the party requesting same. ▇▇▇▇▇▇ agrees, on request of ▇▇▇▇▇▇▇▇, to execute and deliver from time to time a supplement to this Lease, setting forth the new minimum rent, as then determined as above provided. After the making of the initial survey referred to above, Tenant shall not without prior written notice to Landlord make any alterations in or additions to the electrical equipment and/or appliances in the Leased Premises. Tenant shall promptly execute a separate utility letter or utility agreement if requested by Landlord or by the applicable utility company. (c) All other utilities not separately metered, including, without limitation, domestic cold water provided Any furnishing by Landlord of electric current to the Building, sewer charges and common area electric, Leased Premises shall be paid by Tenant as part of Expenses. Landlord may, at Landlord's discretion, cause said utilities provided limited to the Building to be separately metered extent of the capacity of Landlord’s existing feeders, switches, risers, wiring installations and other electrical system serving the Leased Premises (the “electric distribution system”). ▇▇▇▇▇▇ agrees that ▇▇▇▇▇▇’s use of electrical current will at no time exceed the capacity of the electric distribution system, and that Tenant will not make any alteration or submetered, whereupon such utilities shall be directly paid addition to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenseselectric distribution system without ▇▇▇▇▇▇▇▇’s prior written consent in each instance. (d) In the event that, at any time during the term of this Lease, Tenant desires to connect or install any additional electric fixtures, equipment or appliances to the electric distribution system and such fixtures, equipment or appliances require additional electric current which, in combination with Tenant's use ’s existing electrical requirements exceeds the capacity of electrical service the electric distribution system, then, provided that Landlord shall have consented in writing to such connections or installations, Landlord, upon the written request of Tenant and at the sole cost and expense of Tenant, will install any additional riser or risers (and all other equipment necessary and proper in connection therewith) to supply Tenant’s electric requirements, but only if such riser or risers (and such other equipment) are necessary to supply Tenant with the electric current required by it and will not cause permanent damage or injury to the Leased Premises or the regional retail development of which the Leased Premises form a part or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs, expense or interference with or disturbance of other tenants or occupants of the regional retail development. Notwithstanding any provisions contained in this Section 12.01, Landlord shall not exceed, either in voltage, rated capacity, be obligated to provide any new utility services or overall load, that which Landlord deems increased utility capacities to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (Leased Premises to the extent permitted that the Leased Premises shall have been previously occupied by Law)another tenant, installation and maintenance costs and, if the Leased Premises have not been previously occupied, Landlord shall not be paid by Tenant. The standard obligated to provide any utility services or utility capacities for the Building are other than as specifically set forth in Exhibit B. Tenant shall promptly advise Landlord of any increase in Tenant’s connected load to the attached electric distribution system. Any additional utility services or any increase in utility capacities beyond that in existence if the Leased Premises shall have been previously occupied (or beyond the specifications set forth in Exhibit E.B if the Leased Premises have not been previously occupied) shall be subject to the prior written approval of Landlord, and such additional services or capacities shall be provided at the sole cost and expense of Tenant. S19 COMMON AREA CHARGE (e) Electrical service ▇▇▇▇▇▇ agrees further to provide and install, at Tenant’s sole cost and expense, all lamps, tubes, bulbs, starters, ballasts, transformers and the like items used or required in the Leased Premises. (f) At any time during the term hereof, Landlord may, upon thirty (30) days’ prior written notice to Tenant, discontinue furnishing electric current (or such other utility being furnished by Landlord) to the Leased Premises without thereby affecting this Lease in any manner or otherwise incurring any liability to Tenant, except that the minimum rent reserved herein (if applicable) shall be reduced by the amount then being paid by Tenant on account of Landlord’s service of electricity (or such other utility) to the Leased Premises, determined as provided above (as the same may have been adjusted from time to time pursuant to other provisions of this Article), and Landlord shall no longer be obligated to furnish electric current (or such other utility) to the Leased Premises. If Landlord shall give Tenant notice of intention to cease furnishing electric current (or other utility) to the Leased Premises, Tenant may contract for and receive such electric current (or such other utility) directly from the public utility corporation then serving the Shopping Center, and if Tenant does so, Landlord shall permit Tenant, at Tenant’s sole cost, to use Landlord’s risers, wiring and electric installations (or other utility conduits, as applicable) then serving the Leased Premises for such purpose to the extent that the same are available, suitable and may be furnished safely so used consistent with concurrent and anticipated future use by one or more companies providing electrical generationLandlord and other tenants. (g) If at any time after the date hereof, 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. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for the Property and Premises with energy rates (or other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Lawutility rates) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed as filed by the public utility corporation supplying then serving the Shopping Center shal be reduced or increased, or any tax shall be imposed thereon (or subsequently increased or decrease ), then the m nimum rent rese ved herein shall be equita ly adjusted as of the first day of the month next following the effective date of such rate change to reflect the resulting reduction or increase in the value of Landlord’s service of providing Tenant with electric current (or other utility service) on a rent inclusion basis, but in no event shall the minimum rent be reduced below the amount stated in Article II hereof. (h) Notwithstanding any other provisions of this Lease, the value of, or (as applicable) the rate or cost to be charged to Tenant for, each utility furnished by Landlord under any section or provision of this Lease, which utility shall be subject to regulation by a public agency, shall be computed for the purposes of this Lease in accordance with the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility company serving the Shopping Center, but in no event shall the rate be less than Landlord’s cost to furnish the utility (subject to any separate rate schedules for utility services as may be included in the exhibits to this Lease). The value of, or (as applicable) the rate or cost to be charged to Tenant for, any nonregulated utility service provided by Landlord under any section or provision of this Lease shall be computed at the prevailing rates which would be paid by Tenant for direct comparable service from contractors in the local area, except to the Building extent that specific rates are otherwise set forth in this Lease. The public utility corporation referred to in this Section 12.01 shall be a utility company named in Exhibits B or C attached hereto (if any), or the successor to such company or such other company designated by Landlord. (i) Landlord shall not be liable to Tenant for any loss, damage or expense which Tenant may sustain if the quality or character of utilities used upon or furnished to the Leased Premises is are no longer available or suitable for Tenant's ’s requirements, or if said utilities are interrupted as a result of actions by the public utility companies or any other cause and no such change, unavailability interruption, or unsuitability cessation of service shall constitute an actual or constructive evictioneviction of Tenant. (j) Any obligation of Landlord to furnish light, in whole or in partheat, conditioned air, or entitle Tenant power or any utility service shall be conditioned upon the availability of adequate energy sources. Landlord shall have the right to reduce heat, lighting, air conditioning or other utility services within the regional retail development, including without limitation, the Leased Premises and the Common Areas, as required by any abatement mandatory or diminutionvoluntary fuel or energy saving allocation, or any similar statute, regulation, order or program without such action diminishing Tenant’s obligations hereunder. S20 COMMON AREA CHARGE

Utility Charges. (a) From and after the earlier to occur of the Lab Space Rent Commencement Date or the Office Space Rent Commencement Date, A. Tenant shall paypay all rents and charges for water, as Additional Rentsewer, the cost of all electricity, gas, water heat, steam, hot and/or chilled water, air-conditioning, ventilating, telephone service and all other utilities used or consumed at directly supplied to the Premises, includingand separately metered or submetered (the "Utility Charges"), without limitationwhen the same become due. If any such utilities are not separately metered or submetered, then in addition to Tenant's payments of separately metered charges, Tenant shall pay to Landlord on, at Landlord's option, either the first day of each calendar month or within ten (10) days after receipt of a bill ▇▇▇refor, Tenant's proportionate share of such Utility Charges which shall be calculated as follows: the Utility Charges for such utilities shall be multiplied by a fraction, the utilities and services described in Article 5. (b) The electric, gas and water consumed and used at numerator of which shall be the Floor Space of the Premises and the denominator of which shall be separately metered and said costs shall be paid directly the total Floor Space occupied by Tenant to tenants in 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 paid by Tenant to Landlord as a separate line item of Expenses. (c) All other utilities not separately metered, including, without limitation, domestic cold water provided to the Building, sewer charges and common area electric, shall be paid by Tenant as part of ExpensesStore Space using such utilities. Landlord may, at any time, install submeters in connection with any or all the utility services furnished to the Premises and thereupon collect all or any part of the Utility Charges directly from Tenant provided that such Utility Charges shall not exceed the rates Tenant would be charged if billed directly by the local utility therefor for the same services. Landlord's , in its sole discretion, cause said utilities provided shall have the right, at all times, to the Building to be separately metered or submetered, whereupon such utilities shall be directly paid to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses. (d) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units)alter any and all utilities, and the additional usage (to the extent permitted by Law)equipment relating thereto, installation and maintenance costs shall be paid by Tenant. The standard capacities for serving the Building are as set forth or any portion thereof, provided such alteration by Landlord does not result in a diminution or interruption (except a pre-announced brief interruption) of the attached Exhibit E. (e) Electrical service to the Premises may be furnished by one or 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. Landlord shall have the exclusive right to select any company providing electrical utility service to the Premises, . Tenant shall execute and deliver to aggregate the electrical service Landlord without delay such documentation as may be required to effect such alteration. B. If Tenant shall require natural gas for the Property and Premises with other buildingsoperation of Tenant's business in the Premises, to purchase electricity through Tenant shall, at its own expense, arrange for such natural gas utility service from the local gas company in a broker and/or buyers group and to change the providers and manner of purchasing electricity. approved by Landlord shall be entitled to receive a fee (if permitted by Law) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee which approval shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed by the public utility corporation supplying such service to the Building or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminutionbe unreasonably withheld).

Utility Charges. (a) From and after Notwithstanding anything in this Lease to the earlier to occur of the Lab Space Rent Commencement Date or the Office Space Rent Commencement Datecontrary, Tenant shall paypay to Landlord, as Additional RentRent all charges incurred by Landlord, the cost of all or its agent, for water, sewer, gas and electricity, gas(1) such charges for the Premises shall be based upon Tenant's Share of the Building or the specific submeter for the Premises for such utility, water and all (2) such charges for the Building common areas shall be based on Tenant’s Share of the Building. The aforesaid utility charges shall commence upon the Commencement Date. Landlord shall have the right to estimate the utility charge but shall be required to reconcile on an annual basis based on invoices received for such period. Landlord shall not be liable for any interruption or delay in electric or any other utilities used utility service for any reason unless caused by the gross negligence or consumed willful misconduct of Landlord or its agents. Landlord shall have the right to change the electric and other utility provider to the Project or Building at any time. Landlord is hereby authorized to request, on behalf of Tenant, Tenant’s electric consumption data from the Premises, including, without limitation, the utilities and services described in Article 5applicable utility provider. (b) The electric, gas and water consumed and used at If any utility service to the Premises shall be separately metered and said costs shall be paid directly by Tenant that Landlord is required to provide hereunder is interrupted due to the utility company providing negligence or willful misconduct of Landlord (collectively, “Service Interruption”) and such Service Interruption causes all or a material portion of the same Premises to be unusable (“Affected Space”) for a period of three (3) 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 paid more consecutive business days after written notice thereof has been given by Tenant to Landlord as (“Interruption Notice”), then, provided that Tenant has actually ceased all of its operations in the Affected Space for the conduct of its business, Fixed Rent shall ▇▇▇▇▇ in the proportion that the rentable square footage of the Affected Space bears to the rentable square footage of the Premises, which abatement shall commence on the fourth (4th) and expire on the earlier of Tenant’s re-commencement of operations in the Affected Space or the date that the Service Interruption is remedied. Notwithstanding the foregoing, Tenant shall not be entitled to abatement or any other remedy to the extent that the Service Interruption is caused in whole or in part by the negligence or willful misconduct of Tenant or Tenant’s employees, contractors, agents, representatives or invitees, or Tenant’s failure to comply with its obligations under the Lease. Tenant agrees that the rental abatement described herein shall be Tenant’s sole remedy in the event of a separate line item of ExpensesService Interruption and Tenant hereby waives any other rights against Landlord in connection therewith. During the Term, Tenant shall maintain, at Tenant’s sole cost and expense, commercially reasonable business interruption insurance. (c) All other utilities not separately meteredExcept for reasons outside of Landlord’s control, includingLandlord shall provide: (i) Premises heat and air-conditioning ("HVAC") service in the respective seasons during the hours of 8:00 a.m. to 6:00 p.m. on weekdays, without limitation, domestic cold water provided excluding Building holidays ("Business Hours") (HVAC service to the Building, sewer charges and common area electric, Premises on Saturdays shall be paid by Tenant as part of Expenses. Landlord may, at provided only upon Tenant’s prior written request to Landlord's discretion, cause said utilities provided ); (ii) Premises electricity for lighting and standard office equipment typically found in office buildings in the market in which the Project is located; and (iii) water and sewer service to the Building to be separately metered or submetered, whereupon such utilities shall be directly paid extent typically provided by landlords of office buildings in the market in which the Project is located. Notwithstanding anything herein to the utility company providing such utilitycontrary, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses. (d) reasonably determines that Tenant's use of electrical service shall not exceedelectricity is excessive, either in voltage, rated capacity, or overall load, that which Landlord deems Tenant agrees to be standard pay for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional a separate electric meter to measure electrical usage (to the extent permitted by Law), installation and maintenance costs shall be paid by Tenant. The standard capacities for the Building are as set forth in the attached Exhibit E. (e) Electrical service to the Premises may be furnished by one or more companies providing electrical generation, transmission and distribution services, and the cost excess of electricity may consist of several different components or separate charges for such services, such as generation, distribution and stranded cost charges. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group normal office use and to change the providers and manner of purchasing electricity. pay Landlord shall be entitled to receive a fee (if permitted by Law) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of all such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed by the public utility corporation supplying excess electricity registered in such service to the Building or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminutionsubmeter.

Utility Charges. (a) From 18.01. Tenant shall pay all charges for gas, water, sewer, electricity, heat or other utility or service supplied to the Demised Premises as measured by meters relating to Tenant's use, and after the earlier to occur any cost of repair, maintenance, replacement, and reading of any meters measuring Tenant's consumption thereof. If any utilities or services are not separately metered or assessed or are only partially separately metered or assessed and are used in common with other tenants or occupants of the Lab Space Rent Commencement Date or the Office Space Rent Commencement DateBuilding, Tenant shall paypay to Landlord on demand Tenant's proportionate share of such charges for utilities and/or services, which shall be such charges multiplied by a fraction the numerator of which shall be the Floor Space in the Demised Premises and the denominator of which shall be the Floor Space of all tenants and occupants of the Building using such utilities and/or services. In the event Landlord determines that Tenant's utilization of any such service exceeds the fraction referred to above, Tenant's proportionate share with respect to such service shall, at Landlord's option, mean the percentage of any such service (but not less than the fraction referred to above) which Landlord reasonably estimates as Additional RentTenant's utilization thereof. (In no event, however, shall the aggregate percentage of all tenants in the Building using such service exceed 100%). Tenant expressly agrees that Landlord shall not be responsible for the failure of supply to Tenant of any of the aforesaid, or any other utility service. Landlord shall not be responsible for any public or private telephone service to be installed in the space, particularly conduit, if required. 18.02. Tenant's use of electric energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant shall not, without Landlord's prior consent in each instance (which shall not be unreasonably withheld), connect any fixtures, appliances or equipment to the Building's electric distribution system or make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost of all electricity, gas, water and all other utilities used or consumed at the Premises, including, without limitation, the utilities and services described in Article 5. (b) The electric, gas and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly by Tenant 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 thereof shall be paid by Tenant to Landlord as a separate line item of Expenseson demand. (c) All other utilities not separately metered, including, without limitation, domestic cold water provided to the Building, sewer charges and common area electric, shall be paid by Tenant as part of Expenses. Landlord may, at Landlord's discretion, cause said utilities provided to the Building to be separately metered or submetered, whereupon such utilities shall be directly paid to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses. (d) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (to the extent permitted by Law), installation and maintenance costs shall be paid by Tenant. The standard capacities for the Building are as set forth in the attached Exhibit E. (e) Electrical service to the Premises may be furnished by one or 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. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Law) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed by the public utility corporation supplying such service to the Building or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution

Utility Charges. (a) From and after the earlier to occur of the Lab Space Rent Commencement Date or the Office Space Rent Commencement Date, A. Tenant shall paypay all rents and charges for water, as Additional Rentsewer, the cost of all electricity, gas, water heat, steam, hot and/or chilled water, air-conditioning, ventilating, telephone service and all other utilities used or consumed at supplied to the Leased Premises, includinghowever supplied (the "Utility Charges"), without limitation, the utilities and services described in Article 5. (b) The electric, gas and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly by Tenant to the utility company providing when the same or if the cost is not directly payable to the utility companies supplying become due. If any such utilities or services, then the actual costs incurred by Landlord, net of all discounts and rebates received by Landlord in connection therewith shall be paid by Tenant to Landlord as a separate line item of Expenses. (c) All other utilities are not separately metered, includingthen in addition to Tenant's payments of separately metered charges, without limitationTenant shall pay to Landlord on, domestic cold water provided to at Landlord's option, either the Buildingfirst day of each calendar month or within ten (10) days after receipt of a ▇▇▇▇ therefor, sewer charges and common area electric, Tenant's proportionate share of such Utility Charges which shall be paid calculated as follows: the Utility Charges for such utilities plus Landlord's reasonable administrative costs shall be multiplied by Tenant as part a fraction, the numerator of Expenseswhich shall be the Floor Space of the Leased Premises and the denominator of which shall be the total Floor Space of tenants using such utilities. Landlord may, at any time, install submeters in connection with the utility services furnished to the Leased Premises and thereupon collect all or any part of the Utility Charges directly from Tenant provided that such Utility Charges shall not exceed the rates Tenant would be charged if billed directly by the local utility servicing the Shopping Center therefor for the same services. Landlord's , in its sole discretion, cause said utilities provided shall have the right, at all times, to the Building to be separately metered or submetered, whereupon such utilities shall be directly paid to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses. (d) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units)alter any and all utilities, and the additional usage (to equipment relating thereto, serving the extent permitted Shopping Center or any portion thereof, provided such alteration by Law), installation and maintenance costs shall be paid by Tenant. The standard capacities for Landlord does not result in a diminution of the Building are as set forth in the attached Exhibit E. (e) Electrical utility service to the Premises Leased Premises. Tenant shall execute and deliver to Landlord without delay such documentation as may be furnished by one or more companies providing electrical generationrequired to effect such alteration. B. If Tenant shall require natural gas for the operation of Tenant's business in the Leased Premises, transmission and distribution servicesTenant shall, and the cost of electricity may consist of several different components or separate charges at its own expense, arrange for such services, such as generation, distribution and stranded cost charges. natural gas utility service from the local gas company in a manner approved by Landlord (which approval shall have the exclusive right to select any company providing electrical service not be unreasonably withheld). C. Notwithstanding anything to the Premisescontrary contained herein, to aggregate the electrical service Leased Premises are currently separately metered for the Property gas, electric and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Law) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed by the public utility corporation supplying such service to the Building or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminutionwater.

Utility Charges. (a) From and after the earlier to occur of the Lab Space Rent Commencement Date or the Office Space Rent Commencement Date, Tenant shall paybe solely responsible for and shall promptly pay for all fees, as Additional Rentdeposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the cost of all electricitylike, for water, gas, water electricity, fire alarm, burglar alarm, telephone, cable television, sewer and all sanitation, solid waste disposal and any other utilities service or utility used in or consumed at upon or furnished to the Premises, including, without limitation, any services to be supplied by Landlord from a central utility plant or other utility system, as more particularly set forth in Exhibit D, irrespective of whether any of the utilities foregoing are initially paid in advance by Landlord, or otherwise. Landlord, at its sole option, may elect to furnish any or all of such services with a separate charge therefor to Tenant, at a cost in excess of Landlord's cost, such charge to be based upon the services used by Tenant, as reflected by meter, submeter or otherwise. Tenant shall pay such charge, as Additional Rent, at such time and services described in Article 5upon such terms as installments of Minimum Annual Rental are due. (b) The electric, gas and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly by Tenant Except to the extent of Landlord's gross negligence, in no event shall Landlord be liable for damages or otherwise for any interruption, reduction, disruption, curtailment or failure in the supply, quality or character of electricity, services from a central utility company providing the same plant or any other utility or other service, or if either the cost quantity, quality or character thereof supplied to or by Landlord is changed or is no longer available for Tenant's requirements, nor shall any such interruption, reduction, disruption, curtailment, failure or change in quantity, quality or character constitute or be deemed to constitute constructive eviction of Tenant, or excuse or relieve Tenant from its obligations under this Lease, including but not directly payable limited to the utility companies supplying utilities or services, then the actual costs incurred by Landlord, net payment of all discounts and rebates received by Landlord in connection therewith shall be paid by Tenant to Landlord as a separate line item of ExpensesRental. (c) All other utilities not separately metered, including, without limitation, domestic cold water provided Prior to the Buildingcommencement of Tenant's occupancy of the Premises and/or at any time thereafter until the expiration of the Term, sewer charges and common area electric, shall be paid by Tenant as part of Expenses. Landlord may, at Landlord's discretionupon thirty (30) days' prior written notice to Tenant, cause said utilities provided elect to have Tenant obtain, and/or discontinue furnishing, as applicable, any utility to the Building to be separately metered or submetered, whereupon such utilities shall be directly paid to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses. (d) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects Premises (including, without limitation, the installation of utility service upgradesheating, meters, submeters, ventilation and air handlers or cooling unitsconditioning services), without thereby affecting this Lease in any manner or otherwise incurring any liability to Tenant, and Landlord shall no longer be obligated to furnish such utility to the additional usage (Premises. If Landlord shall give Tenant notice of intention to so have Tenant obtain, or for Landlord to cease furnishing, a utility to the Premises, Tenant may contract for and receive such utility directly from the public utility corporation then serving the Shopping Center, and if Tenant does so, Landlord shall permit Tenant, at Tenant's sole cost, to use Landlord's risers, wiring, electric and any other installations then serving the Premises for such purpose, if any, to the extent permitted that the same are available, suitable and may be safely so used, consistent with concurrent and anticipated future use by Law)Landlord and other tenants. If Landlord is the initial provider of a utility service to Tenant, installation and maintenance costs Landlord agrees not to discontinue furnishing any utility to Tenant pursuant hereto until such time as Tenant shall be paid able to receive said utility service from an alternate source of supply. Tenant agrees to act diligently in connecting to such alternate source as soon as it becomes available. Landlord may from time to time during the Term elect to provide, or resume provision of, any utility to the Premises obtained or provided by Tenant. The standard capacities Tenant pursuant hereto, and thereafter make an election for Tenant to provide such utility pursuant hereto, and thereafter re-elect again pursuant hereto on an ongoing basis. (d) Notwithstanding any other provisions of this Article, to the extent utilities provided by Landlord are utilities which could be supplied to Tenant as a direct customer of a public utility, the value of such utility used by Tenant shall be computed for the Building are purposes of this Article so as set forth in not to exceed the attached Exhibit E.rate schedules which would be applicable if Tenant were at the time a direct customer of such public utility corporation. (e) Electrical service Any obligation of Landlord to furnish light, power and services from a central utility plant shall be conditioned upon the Premises may be furnished by one or more companies providing electrical generation, transmission and distribution services, and the cost availability of electricity may consist of several different components or separate charges for such services, such as generation, distribution and stranded cost chargesadequate energy sources. Landlord shall have the exclusive right to select reduce heating, cooling and lighting within the Premises and the Common Areas as required by any company providing electrical service mandatory or voluntary fuel or energy saving allocation, or similar statute, regulation, order or program. (f) Tenant shall operate its heating, ventilating and air conditioning ("HVAC") system(s) serving the Premises so as to maintain comfortable conditions during regular Shopping Center business hours. Temperatures in the Premises shall be compatible with temperatures in the Shopping Center. Tenant's obligation to connect to the services supplied by Landlord, as set forth in this Section 12.01 and Exhibit B, as well as Tenant's installation, operation and maintenance of its HVAC system(s) within the Premises, shall be as set forth herein, in Exhibit B and in any related exhibit(s). (g) If Tenant desires to aggregate install any equipment which shall exceed the electrical service for capacity of any utility facilities or which shall require additional utility facilities, Tenant shall not have the Property right to do so without Landlord's prior written approval of Tenant's Plans and Premises with Specifications and specifications therefor. If such installation is approved by Landlord, and if Landlord provides such additional facilities to accommodate Tenant's installation, Tenant agrees to pay Landlord, on demand, the cost of providing such additional utility facilities or utility facilities of greater capacity. Tenant shall in no event use any of the utility facilities in anyway which shall overload or overburden the utility systems. (h) Landlord reserves the right to cut off and discontinue furnishing any heating, ventilation, air conditioning or other buildings, utility services furnished or submetered by Landlord at any time after notice to purchase electricity through a broker and/or buyers group and to change the providers and manner Tenant of purchasing electricityan event of default under this Lease by Tenant. Landlord shall not be entitled to receive a fee (if permitted by Law) liable for the selection any damages resulting from or arising out of such discontinuance of utility companies services, and the negotiation and administration such discontinuance shall not constitute a termination of contracts for electricitythis Lease or an eviction of Tenant. Tenant hereby releases Landlord from any loss, provided that the amount damage or liability sustained by Tenant as a result of such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed by the public utility corporation supplying such service to the Building or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminutiondiscontinuance.

Utility Charges. (a) From Landlord and after Tenant acknowledge the earlier to occur existence or availability of the Lab Space Rent Commencement Date following utility service connections to the Building and Demised Premises: gas, electricity, and water/sewer (the “Landlord Utilities”). Tenant shall be responsible, at its sole cost and expense, for the installation and connection to the Demised Premises of all other utility services (telephone/fiber/data cables, etc.) that it may from time-to-time require (the “Tenant Utilities”), provided, that Landlord shall (i) reasonably cooperate with Tenant’s efforts to arrange for the Tenant Utilities to be brought to the Demised Premises by the applicable utility service provider(s), and (ii) allow Tenant to make reasonable use of the Exterior Utility Line conduits so that the Tenant Utilities may be brought to the Demised Premises, subject, however, to Tenant’s obligations as set forth in Sections 3(D) and to the requirements for removal of Tenant’s Cabling as set forth in Section 3(F) of the Lease. Landlord shall bring all Landlord Utilities to the Demised Premises or to the Office Space Rent Commencement Dateappropriate meter room in the Building, as the case may be, and Landlord Utilities serving the Demised Premises will be separately metered (in the case of gas) or sub-metered (in the case of electricity and water/sewer usage) at Landlord’s sole cost and expense. During the entire term hereof, Tenant shall pay, as Additional Renteither to the supplying utility company or to the Landlord (in the case of sub-metered utilities), the cost all utility charges and costs of all electricity, gas, water utility services of any and all other utilities used or consumed at the Premisesevery kind and nature, including, without limitationbut not limited to gas, oil, water, sewer service, heat, power, fuel, telephone service and electricity, arising out of or connected with the utilities use and/or occupancy of the Demised Premises or consumed thereat, promptly as same shall become due and services described in Article 5. (b) The electricpayable, gas and water consumed and used at the Premises Tenant shall be separately metered and said costs shall be paid directly promptly make any meter deposits required by Tenant 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 paid by Tenant to Landlord as a separate line item of Expensestherefor. (c) All other utilities not separately metered, including, without limitation, domestic cold water provided to the Building, sewer charges and common area electric, shall be paid by Tenant as part of Expenses. Landlord may, at Landlord's discretion, cause said utilities provided to the Building to be separately metered or submetered, whereupon such utilities shall be directly paid to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses. (d) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (to the extent permitted by Law), installation and maintenance costs shall be paid by Tenant. The standard capacities for the Building are as set forth in the attached Exhibit E. (e) Electrical service to the Premises may be furnished by one or 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. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Law) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed by the public utility corporation supplying such service to the Building or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution

Utility Charges. (a) From Tenant shall be solely responsible for and after shall promptly pay all necessary fees, deposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the earlier like, for water, gas (if applicable), heat, electricity, centrally conditioned cold air supply, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to occur the Leased Premises, irrespective of whether Landlord has paid for these services in advance, or otherwise. Landlord, at its sole option, may elect to furnish any or all of the Lab Space Rent Commencement Date above services on a “rent inclusion basis” without separate charge therefor to Tenant, by metering or otherwise, such charge to be included in the Office Space Rent Commencement Dateminimum rent payable hereunder, in which event the minimum rent specified in Section 2.01 shall be increased to reflect the value of such service(s) as provided in paragraph (h) below. Alternatively, Landlord, at its sole option, may provide for any or all of such services on a separate-charge basis, and in such event Tenant shall paypurchase such service(s) from Landlord, and within ten (10)thirty (30) days after Landlord bills Tenant for any such service Tenant shall pay Landlord such rates, charges and fees, upon terms and conditions as Additional RentLandlord may establish; provided that, if the rates, charges or fees for any such service are regulated by a public agency, the rates, charges and/or fees to Tenant shall be computed using the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility corporation serving the Shopping Center, but in no event shall the rate be less than Landlord’s cost to furnish the utility. If the cost of all electricity, gas, water and all other utilities used or consumed any such service for any month has not been made known to Landlord at the Premisestime of billing, includingLandlord shall have the right to estimate the amount thereof, without limitationand to base its billing to Tenant upon said estimated amount, the utilities and services described in Article 5. (b) The electric, gas and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly by Tenant to the utility company providing the same or if the cost is not directly payable to the utility companies supplying utilities or services, then Landlord may adjust such billing when the actual costs incurred by amount is made known to Landlord, net of all discounts and rebates received by . Landlord in connection therewith shall also have the right to periodically estimate the monthly amount required to be paid by Tenant to Landlord as a separate line item with respect to any or all of Expenses. (c) All other utilities not separately metered, including, without limitation, domestic cold water such services provided to the Building, sewer charges by Landlord and common area electric, such estimated monthly amount or amounts shall be paid by Tenant on the first day of each calendar month, in advance, at the place and in the manner specified for payments of minimum rent hereunder. Landlord shall have the right to change such estimated amount or amounts at any time and from time to time, by notice to Tenant. If the total of the estimated monthly payments made by Tenant for any Lease Year or calendar year shall be less than the actual amount due from Tenant pursuant to the provisions of this Section, Tenant shall pay to Landlord the difference between the amount paid by ▇▇▇▇▇▇ and the actual amount due within ten (10)thirty (30) days after submission to Tenant of Landlord’s statement and invoice therefor; and if the total of the estimated payments made by Tenant for any such year shall exceed the actual amount due from Tenant, the excess amount paid shall be credited against the next payment due from Tenant to Landlord under this Section. Landlord, at its sole option, may require Tenant to install separate, appropriate meters for measuring Tenant’s consumption of water, electricity or the like, and may require Tenant to remove any or all such meters upon Landlord’s discontinuing the service in question to Tenant. The failure by Tenant to pay when due any amount payable to Landlord under this Section 12.01 shall carry with it the same consequences as part failure to pay any installment of Expensesrent when due. Notwithstanding the foregoing, if a separate exhibit describing applicable rates for a utility service is attached to this Lease, Tenant shall pay for such service pursuant to such exhibit. (b) In the event Landlord furnishes electricity on a rent inclusion basis as provided above, at such time as Tenant’s lighting and electrical equipment has been completely installed, Landlord may, at Landlord's discretion’s sole option (and to the extent permitted by applicable regulations), cause said utilities provided a survey of Tenant’s usage of electricity to be made by an independent electrical consultant selected by Landlord. The consultant shall render a report to Landlord and Tenant showing the estimated amount of electricity which Tenant will consume, the value thereof, and the minimum rent reserved hereunder shall thereupon be increased to reflect such value. Tenant shall promptly pay to Landlord the difference between the minimum rent hereunder and the increased minimum rent as so determined for all months of the term of this Lease which have therefore elapsed, and each monthly installment of rent thereafter paid by Tenant shall be based upon such increased rent. Subject to applicable utility regulations, each party to this Lease shall thereafter have the right whenever such party believes there has been a material increase or decrease in Tenant’s regular usage of electric current (that is, a change therein other than on a temporary basis) to request, by notice to the Building other party, a redetermination of the fair rent value of the electric service then furnished by Landlord. When any such request occurs, the redetermination shall be made as promptly as possible by an independent electrical consultant selected by Landlord, and, based upon its report, the minimum rent theretofore required to be separately metered paid hereunder shall thereafter be adjusted to reflect such new fair rent value. Any change or submetered, whereupon adjustment in such utilities report shall be directly paid binding on both Landlord and Tenant. It is agreed that the cost of conducting the redetermination shall be borne solely by the party requesting same. ▇▇▇▇▇▇ agrees, on request of ▇▇▇▇▇▇▇▇, to execute and deliver from time to time a supplement to this Lease, setting forth the new minimum rent, as then determined as above provided. After the making of the initial survey referred to above, Tenant shall not without prior written notice to Landlord make any alterations in or additions to the electrical equipment and/or appliances in the Leased Premises. Tenant shall promptly execute a separate utility company providing such utility, letter or utility agreement if not payable directly requested by Landlord or by the applicable utility company. S18 COMMON AREA CHARGE (c) Any furnishing by Landlord of electric current to the providing utility companyLeased Premises shall be limited to the extent of the capacity of Landlord’s existing feeders, paid switches, risers, wiring installations and other electrical system serving the Leased Premises (the “electric distribution system”). ▇▇▇▇▇▇ agrees that ▇▇▇▇▇▇’s use of electrical current will at no time exceed the capacity of the electric distribution system, and that Tenant will not make any alteration or addition to Landlord as a separate line item of Expensesthe electric distribution system without ▇▇▇▇▇▇▇▇’s prior written consent in each instance. (d) In the event that, at any time during the term of this Lease, Tenant desires to connect or install any additional electric fixtures, equipment or appliances to the electric distribution system and such fixtures, equipment or appliances require additional electric current which, in combination with Tenant's use ’s existing electrical requirements exceeds the capacity of electrical service the electric distribution system, then, provided that Landlord shall have consented in writing to such connections or installations, Landlord, upon the written request of Tenant and at the sole cost and expense of Tenant, will install any additional riser or risers (and all other equipment necessary and proper in connection therewith) to supply Tenant’s electric requirements, but only if such riser or risers (and such other equipment) are necessary to supply Tenant with the electric current required by it and will not cause permanent damage or injury to the Leased Premises or the regional retail development of which the Leased Premises form a part or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs, expense or interference with or disturbance of other tenants or occupants of the regional retail development. Notwithstanding any provisions contained in this Section 12.01, Landlord shall not exceed, either in voltage, rated capacity, be obligated to provide any new utility services or overall load, that which Landlord deems increased utility capacities to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (Leased Premises to the extent permitted that the Leased Premises shall have been previously occupied by Law)another tenant, installation and maintenance costs and, if the Leased Premises have not been previously occupied, Landlord shall not be paid by Tenant. The standard obligated to provide any utility services or utility capacities for the Building are other than as specifically set forth in Exhibit B. Tenant shall promptly advise Landlord of any increase in Tenant’s connected load to the attached electric distribution system. Any additional utility services or any increase in utility capacities beyond that in existence if the Leased Premises shall have been previously occupied (or beyond the specifications set forth in Exhibit E.B if the Leased Premises have not been previously occupied) shall be subject to the prior written approval of Landlord, and such additional services or capacities shall be provided at the sole cost and expense of Tenant. (e) Electrical service ▇▇▇▇▇▇ agrees further to provide and install, at Tenant’s sole cost and expense, all lamps, tubes, bulbs, starters, ballasts, transformers and the like items used or required in the Leased Premises. (f) At any time during the term hereof, Landlord may, upon thirty (30) days’ prior written notice to Tenant, discontinue furnishing electric current (or such other utility being furnished by Landlord) to the Leased Premises without thereby affecting this Lease in any manner or otherwise incurring any liability to Tenant, except that the minimum rent reserved herein (if applicable) shall be reduced by the amount then being paid by Tenant on account of Landlord’s service of electricity (or such other utility) to the Leased Premises, determined as provided above (as the same may have been adjusted from time to time pursuant to other provisions of this Article), and Landlord shall no longer be obligated to furnish electric current (or such other utility) to the Leased Premises. If Landlord shall give Tenant notice of intention to cease furnishing electric current (or other utility) to the Leased Premises, Tenant may contract for and receive such electric current (or such other utility) directly from the public utility corporation then serving the Shopping Center, and if Tenant does so, Landlord shall permit Tenant, at Tenant’s sole cost, to use Landlord’s risers, wiring and electric installations (or other utility conduits, as applicable) then serving the Leased Premises for such purpose to the extent that the same are available, suitable and may be furnished safely so used consistent with concurrent and anticipated future use by one or more companies providing electrical generationLandlord and other tenants. (g) If at any time after the date hereof, 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. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for the Property and Premises with energy rates (or other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Lawutility rates) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed as filed by the public utility corporation supplying then serving the Shopping Center shall be reduced or increased, or any tax shall be imposed thereon (or subsequently increased or decreased), then the minimum rent reserved herein shall be equitably adjusted as of the first day of the month next following the effective date of such rate change to reflect the resulting reduction or increase in the value of Landlord’s service of providing Tenant with electric current (or other utility service) on a rent inclusion basis, but in no event shall the minimum rent be reduced below the amount stated in Article II hereof. S19 COMMON AREA CHARGE (h) Notwithstanding any other provisions of this Lease, the value of, or (as applicable) the rate or cost to be charged to Tenant for, each utility furnished by Landlord under any section or provision of this Lease, which utility shall be subject to regulation by a public agency, shall be computed for the purposes of this Lease in accordance with the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility company serving the Shopping Center, but in no event shall the rate be less than Landlord’s cost to furnish the utility (subject to any separate rate schedules for utility services as may be included in the exhibits to this Lease). The value of, or (as applicable) the rate or cost to be charged to Tenant for, any nonregulated utility service provided by Landlord under any section or provision of this Lease shall be computed at the prevailing rates which would be paid by Tenant for direct comparable service from contractors in the local area, except to the Building extent that specific rates are otherwise set forth in this Lease. The public utility corporation referred to in this Section 12.01 shall be a utility company named in Exhibits B or C attached hereto (if any), or the successor to such company or such other company designated by Landlord. (i) Landlord shall not be liable to Tenant for any loss, damage or expense which Tenant may sustain if the quality or character of utilities used upon or furnished to the Leased Premises is are no longer available or suitable for Tenant's ’s requirements, or if said utilities are interrupted as a result of actions by the public utility companies or any other cause and no such change, unavailability interruption, or unsuitability cessation of service shall constitute an actual or constructive evictioneviction of Tenant. (j) Any obligation of Landlord to furnish light, in whole or in partheat, conditioned air, or entitle Tenant power or any utility service shall be conditioned upon the availability of adequate energy sources. Landlord shall have the right to reduce heat, lighting, air conditioning or other utility services within the regional retail development, including without limitation, the Leased Premises and the Common Areas, as required by any abatement mandatory or diminutionvoluntary fuel or energy saving allocation, or any similar statute, regulation, order or program without such action diminishing Tenant’s obligations hereunder.

Utility Charges. (a) From and after the earlier to occur of the Lab Space Rent Commencement Date or the Office Space Rent Commencement Date, 3.5.1 The Tenant shall paybear all charges and taxes in respect of all utilities, as Additional Renttelecommunication facilities and other services supplied to and consumed at the Demised Premises (even during the fitting-out period and any rent free periods granted under this Agreement where applicable) including transportation or transmission charges for the supply, hire charges for any equipment or appliances supplied to the Tenant in respect of such supply. Where such charges or taxes are not invoiced or metered separately to the Demised Premises, the Tenant shall pay to the Landlord a proportionate part of the cost of the services, facilities or utilities so supplied and attributable to the Demised Premises as calculated and apportioned to the Demised Premises by the Landlord on a basis applicable to all electricitytenants in the Building. The Landlord’s written statement and notification of such apportioned costs to the Tenant shall be conclusive as to the amount thereof except for manifest error. Such apportioned charges shall be payable within fourteen (14) days of demand from the Landlord. 3.5.2 The Tenant shall use only utilities and telecommunication facilities from such suppliers as are designated by the Landlord (“Designated Suppliers”) and shall arrange at its own costs with the relevant Authorities or Designated Suppliers for the connection of all such utilities supply and/or telecommunication facilities required by the Tenant and for the installation of any meters or equipment in connection with such supply or facilities in accordance with the Landlord’s requirements and the Rules and Regulations set from time to time by the Landlord regarding such connections and installations. 3.5.3 If at anytime during the Term, gasthe Landlord sees fit to change the Designated Suppliers, water and all other utilities used or consumed the Tenant shall at the PremisesLandlord’s request, includingtake the necessary steps to cease supply from the Tenant’s current supplier and arrange for connection and supply to the Demised Premises with the new Designated Suppliers at the Tenant’s costs. 3.5.4 Where the Landlord at its discretion deems it beneficial for the Building and its occupants to purchase any utilities or telecommunications facilities in bulk from any Designated Suppliers for supply to the entire Building, without limitationincluding the Demised Premises (either by having the Landlord purchase in bulk for the entire Building or by requiring all tenants in the Building to purchase from the same Designated Suppliers), the Tenant shall not be entitled to object to the Landlord’s choice of Designated Suppliers and shall at the request of the Landlord do the necessary or permit the Landlord to make the necessary arrangements with the Designated Suppliers for connection and supply of utilities and services described in Article 5or telecommunications facilities to the Demised Premises. The Tenant shall also take the necessary steps to cease supply from the Tenant’s current supplier (if any). (b) 3.5.5 The electricTenant hereby authorises the Landlord to sign, gas where the Landlord deems necessary, in the Tenant’s name and water consumed on the Tenant’s behalf all necessary documents, applications or forms and used at make all necessary arrangements for purposes of any connection of bulk supply to the Demised Premises or in respect of any necessary termination of the Tenant’s previous utilities or telecommunications account with another supplier. Costs of all connections or termination of supply and any necessary installation of new or separate meters required by the Landlord, the Designated Suppliers or the Authorities as a result of the Landlord’s request for change in Designated Suppliers hereunder shall be separately metered and said costs shall be paid directly borne by the Tenant. 3.5.6 The Tenant to hereby agrees that where the utility company providing the same or if the cost is not directly payable to the utility companies supplying Landlord purchases utilities or services, then the actual costs incurred by Landlord, net of all discounts and rebates received by Landlord telecommunications facilities in connection therewith shall be paid by Tenant to Landlord as a separate line item of Expenses. (c) All other utilities not separately metered, including, without limitation, domestic cold water provided to the Building, sewer charges and common area electric, shall be paid by Tenant as part of Expenses. Landlord may, at Landlord's discretion, cause said utilities provided bulk for supply to the Building to including the Demised Premises, then: 3.5.6.1 the Tenant acknowledges agrees and confirms that the Designated Suppliers are the suppliers of the utilities or telecommunications facilities and the Landlord shall not be separately metered responsible and/or liable for any and all losses damages and/or liability suffered or submetered, whereupon such incurred by the Tenant including any economic loss and/or loss of revenue and/or profits and/or business or custom howsoever occurring caused by or as a result of any defect inconsistency failure delay or interruption or any reduction surge or variation of the supply and transmission wherever or whenever occurring. 3.5.6.2 where any agreement for bulk purchase of utilities shall be directly paid or telecommunications facilities made between the Landlord and the Designated Suppliers for supply to the utility company providing such utility, or if entire Building (including the Demised Premises) is terminated for reasons beyond the control of the Landlord and not payable directly due to the providing utility companydefault of the Landlord, paid the Landlord shall not be required to Landlord compensate the Tenant for any loss or damage including any economic loss and/or loss of revenue and/or profits and/or business or custom howsoever occurring to the Tenant as a separate line item result of Expensessuch termination of supply to the Demised Premises. (d) Tenant's use of electrical service 3.5.6.3 the Tenant shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (pay to the extent permitted by Law), installation and maintenance costs shall be paid by Tenant. The standard capacities Landlord such quantum of deposit as security for the Building are payment of utilities or telecommunications charges as set forth in the attached Exhibit E. (e) Electrical service to the Premises may be furnished determined by one or 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. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord. 3.5.6.4 The Landlord shall be entitled to receive a fee terminate utilities or telecommunications supply to the Demised Premises if the Tenant shall fail to pay any part of the charges and taxes in respect of supply thereof payable by the Tenant under Clause 3.5.1 hereof for more than seven (if permitted by Law7) for the selection days after due date of utility companies and the negotiation and administration of contracts for electricitysuch payments, provided without prejudice to any other rights remedies or recourse that the amount Landlord may have in respect of such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed by the public utility corporation supplying such service failure to the Building or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminutionpay.

Utility Charges. (a) From and after the earlier to occur of the Lab Space Rent Commencement Date or the Office Space Rent Commencement Date, Tenant Lessee shall paypay promptly, as Additional Rentand when the same become due and payable, the cost of all water rents, rates and charges, all sewer rents and all charges for electricity, gasgas heat, water steam, hot and/or chilled water, air conditioning, ventilating, lighting systems, and all other utilities used or consumed at supplied to the Demised Premises, includingand any sewer fees, without limitationassessments, capacity charges, tap fees, and hook up charges for the utilities and services described in Article 5. (b) The electric, gas and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly by Tenant to the utility company providing the same or if the cost is not directly payable to the utility companies supplying Shopping Center. If any such utilities or services, then the actual costs incurred by Landlord, net of all discounts and rebates received by Landlord in connection therewith shall be paid by Tenant to Landlord as a separate line item of Expenses. (c) All other utilities charges are not separately metered, including, without limitation, domestic cold water provided to the Building, sewer charges and common area electric, shall be paid by Tenant as part of Expenses. Landlord may, at Landlord's discretion, cause said utilities provided to the Building to be separately metered or submeteredassessed or are only partially separated metered or assessed and are used in common with other tenants in the Shopping Center, whereupon Lessee will pay to Lessor a proportionate share of such charges for utilities shall be directly paid used in common based on square footage of floor space leased to each lessee using such common facilities, in addition to Lessee's payments of the separately metered charges. Lessor may install re-registering meters and collect any and all utility charges as aforesaid from Lessee, making returns to the proper public utility company providing such utilityor governmental unit, or provided that Lessee shall not be charged more than the rates it would be charged for the same services if not payable directly furnished direct to the providing Demised Premises by such companies or governmental units. At the option of Lessor, any utility company, paid or related service which Lessor may at any time elect to Landlord as a separate line item of Expenses. (d) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (provide to the extent permitted by Law), installation and maintenance costs shall be paid by Tenant. The standard capacities for the Building are as set forth in the attached Exhibit E. (e) Electrical service to the Demised Premises may be furnished by one Lessor or more companies providing electrical generation, transmission and distribution servicesany agent employed by or independent contractor selected by Lessor, and Lessee shall accept the cost same therefrom to the exclusion of electricity may consist all other suppliers so long as the rates charged by the Lessor or by the supplier of several different components such utility or separate charges for such servicesrelated service are competitive. If utilities are metered, such as generationbut an accurate meter reading is not possible, distribution and stranded cost chargesLessee shall pay pursuant to the formula based on square footage. Landlord Lessor shall have the exclusive right no liability to select any company providing electrical service to the Premises, to aggregate the electrical service Lessee for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Law) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% disruption of any savings obtained by Landlord. If either the quantity or character of utility service is changed by the public utility corporation supplying service, and in no event shall such service to the Building or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall disruption constitute an actual or constructive eviction, in whole or in part, eviction or entitle Tenant Lessee to any an abatement of rents or diminutionother charges.

Utility Charges. (a) From Tenant shall be solely responsible for and after shall promptly pay all necessary fees, deposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the earlier like, for water, gas, heat, electricity, centrally conditioned cold air supply, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to occur the leased premises, irrespective of whether Landlord has paid for these services in advance, or otherwise. Landlord, at its sole option, may elect to furnish any or all of the Lab Space Rent Commencement Date above services on a "rent inclusion basis" without separate charge therefor to Tenant, by metering or otherwise, such charge to be included in the Office Space Rent Commencement Dateminimum rent payable hereunder, in which event the minimum rent specified in Section 2.1 shall be increased to reflect the value of such service(s) as provided in paragraph (h) below. Alternatively, Landlord, at its sole option, may provide for any or all of such services on a separate-charge basis, and in such event Tenant shall paypurchase such service(s) from Landlord, and within ten (10) days after Landlord bills Tenant for any such service Tenant shall pay Landlord such rates, charges and fees, upon terms and conditions as Additional RentLandlord may establish; provided that, if the rates, charges or fees for any such service are regulated by a public agency, the rates, charges and/or fees to Tenant shall be computed using the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility corporation. If the cost of all electricity, gas, water and all other utilities used or consumed any such service for any month has not been made known to Landlord at the Premisestime of billing, includingLandlord shall have the right to estimate the amount thereof, without limitationand to base its billing to Tenant upon said estimated amount, the utilities and services described in Article 5. (b) The electric, gas and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly by Tenant to the utility company providing the same or if the cost is not directly payable to the utility companies supplying utilities or services, then Landlord may adjust such billing when the actual costs incurred by amount is made known to Landlord, net of all discounts and rebates received by . Landlord in connection therewith shall also have the right to periodically estimate the monthly amount required to be paid by Tenant to Landlord as a separate line item with respect to any or all of Expenses. (c) All other utilities not separately metered, including, without limitation, domestic cold water such services provided to the Building, sewer charges by Landlord and common area electric, such estimated monthly amount or amounts shall be paid by Tenant as part on the first day of Expenses. Landlord mayeach calendar month, in advance, at Landlord's discretion, cause said utilities provided to the Building to be separately metered or submetered, whereupon such utilities shall be directly paid to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses. (d) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), place and the additional usage (to the extent permitted by Law), installation and maintenance costs shall be paid by Tenant. The standard capacities for the Building are as set forth in the attached Exhibit E. (e) Electrical service to the Premises may be furnished by one or more companies providing electrical generation, transmission and distribution services, and the cost manner specified for payments of electricity may consist of several different components or separate charges for such services, such as generation, distribution and stranded cost chargesminimum rent hereunder. Landlord shall have the exclusive right to select change such estimated amount or amounts at any company providing electrical service time and from time to time, by notice to Tenant. If the total of the estimated monthly payments made by Tenant for any lease year or calendar year shall be less than the actual amount due from Tenant pursuant to the Premisesprovisions of this Section, Tenant shall pay to aggregate Landlord the electrical service difference between the amount paid by Tenant and the actual amount due within ten (10) days after submission to Tenant of Landlord's statement and invoice therefor; and if the total of the estimated payments made by Tenant for any such year shall exceed the Property and Premises with other buildingsactual amount due from Tenant, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord excess amount paid shall be entitled credited against the next payment due from Tenant to receive Landlord under this Section. Landlord, at its sole option, may require Tenant to install separate, appropriate meters for measuring Tenant's consumption of water, electricity or the like, and may require Tenant to remove any or all such meters upon Landlord's discontinuing the service in question to Tenant. The failure by Tenant to pay when due any amount payable to Landlord under this Section 12.1 shall carry with it the same consequences as failure to pay any installment of rent when due. Notwithstanding the foregoing, if a fee (if permitted by Law) separate exhibit describing applicable rates for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of a utility service is changed by the public utility corporation supplying attached to this Lease, Tenant shall pay for such service pursuant to the Building or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminutionexhibit.

Utility Charges. (a) From Tenant shall be solely responsible for and after shall promptly pay all necessary fees, deposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the earlier like, for water, gas, heat, electricity, centrally conditioned cold air supply, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to occur the leased premises, irrespective of whether Landlord has paid for these services in advance, or otherwise. Landlord, at its sole option, may elect to furnish any or all of the Lab Space Rent Commencement Date above services on a "rent inclusion basis" without separate charge therefor to Tenant, by metering or otherwise, such charge to be included in the Office Space Rent Commencement Dateminimum rent payable hereunder, in which event the minimum rent specified in Section 2.01 shall be increased to reflect the value of such service(s) as provided in paragraph (h) below. Alternatively, Landlord, at its sole option, may provide for any or all of such services on a separate-charge basis, and in such event Tenant shall paypurchase such service(s) from Landlord, and within ten (10) days after Landlord bills Tenant for any such service Tenant shall pay Landlord such rates, charges and fees, upon terms and conditions as Additional RentLandlord may establish; provided that, if the rates, charges or fees for any such service are regulated by a public agency, the rates, charges and/or fees to Tenant shall be computed using the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility corporation. If the cost of all electricity, gas, water and all other utilities used or consumed any such service for any month has not been made known to Landlord at the Premisestime of billing, includingLandlord shall have the right to estimate the amount thereof, without limitationand to base its billing to Tenant upon said estimated amount, the utilities and services described in Article 5. (b) The electric, gas and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly by Tenant to the utility company providing the same or if the cost is not directly payable to the utility companies supplying utilities or services, then Landlord may adjust such billing when the actual costs incurred by amount is made known to Landlord, net of all discounts and rebates received by . Landlord in connection therewith shall also have the right to periodically estimate the monthly amount required to be paid by Tenant to Landlord as a separate line item with respect to any or all of Expenses. (c) All other utilities not separately metered, including, without limitation, domestic cold water such services provided to the Building, sewer charges by Landlord and common area electric, such estimated monthly amount or amounts shall be paid by Tenant on the first day of ~ch calendar month, in advance, at the place and in the manner specified for payments of minimum rent hereunder. Landlord shall have the right to change such estimated amount or amounts at any time and from time to time, by notice to Tenant. If the total of the estimated monthly payments made by Tenant for any lease year or calendar year shall be less than the actual amount due from Tenant pursuant to the provisions of this Section, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due within ten (10) days after submission to Tenant of Landlord's statement and invoice therefor; and if the total of the estimated payments made by Tenant for any such year shall exceed the actual amount due from Tenant, the excess amount paid shall be credited against the next payment due from Tenant to Landlord under this Section. Landlord, at its sole option, may require Tenant to install separate, appropriate meters for measuring Tenant's consumption of water, electricity or the like, and may require Tenant to remove any or all such meters upon Landlord's discontinuing the service in question to Tenant. The failure by Tenant to pay when due any amount payable to Landlord under this Section 12.01 shall carry with it the same consequences as part failure to pay any installment of Expensesrent when due. Notwithstanding the foregoing, if a separate exhibit describing applicable rates for a utility service is attached to this Lease, Tenant shall pay for such service pursuant to such exhibit (b) In the event Landlord furnishes electricity on a rent inclusion basis as provided above, at such time as Tenant's lighting and electrical equipment has oeen completely installed, Landlord may, at Landlord's discretionsole option (and to the extent permitted by applicable regulations), cause said utilities provided a survey of Tenant's usage of electricity to be made by an independent electrical consultant selected by Landlord. The consultant shall render a report to Landlord and Tenant showing the estimated amount of electricity which Tenant will consume, the value thereof, and the minimum rent reserved hereunder shall thereupon be increased to reflect such value. Tenant shall promptly pay to Landlord the difference between the minimum rent hereunder and the increased minimum rent as so determined for all months of the term of this Lease ,, hich have therefore elapsed, and each monthly installment of rent thereafter paid by Tenant shall be based upon such increased rent. Subject to applicable utility regulations, each party to this Lease shall thereafter have the right whenever such party believes there has been a material increase or decrease in Tenant's regular usage of electric current (that is, a change therein other than on a temporary basis) to request, by notice to the Building other party, a redetermination of the fair rent value of the electric service then furnished by Landlord. When any such request occurs, the redetermination shall be made as promptly as possible by an independent electrical consultant selected by Landlord, and, based upon its report, the minimum rent theretofore required to be separately metered paid hereunder shall thereafter be adjusted to reflect such new fair rent value. Any change or submetered, whereupon adjustment in such utilities report shall be directly paid binding on both Landlord and Tenant. It is agreed that the cost of conducting the redetermination shall be borne solely by the party requesting same. Tenant agrees, on request of Landlord, to execute and deliver from time to time a supplement to this Lease, setting forth the new minimum rent, as then determined as above provided. After the making of the initial survey referred to above, Tenant shall not without prior written notice to Landlord make any alterations in or additions to the electrical equipment and/or appliances in the leased premises. Tenant shall promptly execute a separate utility company providing such utility, letter or utility agreement if not payable directly requested by Landlord or by the applicable utility company. (c) Any furnishing by Landlord of electric current to the providing utility companyleased premises shall be limited to the extent of the cap~ity of Landlord's existing feeders, paid switches, risers, wiring installations and other electrical system serving the leased premises (the "electric distribution system"). Tenant agrees that Tenant's use of electrical current will at no time exceed the capacity of the electric distribution system, and that Tenant will not make any alteration or addition to Landlord as a separate line item of Expensesthe electric distribution system without Landlord's prior written consent in each instance. (d) In the event that, at any time during the term of this Lease, Tenant desires to connect or install any additional electric fixtures, equipment or appliances to the electric distribution system and such fixtures, equipment or appliances require additional electric current which, in combination with Tenant's use existing electrical requirements exceeds the capacity of electrical service shall not exceedthe electric distribution system, either in voltagethen, rated capacity, or overall load, provided that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (to the extent permitted by Law), installation and maintenance costs shall be paid by Tenant. The standard capacities for the Building are as set forth in the attached Exhibit E. (e) Electrical service to the Premises may be furnished by one or 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. Landlord shall have consented in writing to such connections or installations, Landlord, upon the exclusive right to select any company providing electrical service to written request of Tenant and at the Premisessole cost and expense of Tenant, to aggregate the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Law) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed by the public utility corporation supplying such service to the Building or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminutionwill

Utility Charges. (a) From and after If the earlier to occur Premises are separately metered as of the Lab Space Rent Commencement Date for utilities used or consumed in or in connection with the Premises or the Office Space Rent Commencement Dateoperation of Tenant’s business therein, Tenant shall payincluding, as Additional Rentwater, the cost of all sewer, electricity, gas, water oil, heat, steam and all heated and/or chilled water, telephone or other utilities used or consumed at communication services (the Premises“Utilities”), includingthen, without limitationprior to delinquency, the utilities bills and services described in Article 5statements issued by the utility and other companies providing such Utilities (the “Suppliers”), Tenant shall pay all charges and fees for such Utilities directly to such Suppliers. (b) The electric, gas If Landlord is billed by the City of Port St. Lucie Utility Systems Department and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly by Tenant to the utility company providing the same or if the cost is Suppliers for any Utilities which are 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 paid by Tenant to Landlord as a separate line item of Expenses. (c) All other utilities not separately metered, including, without limitation, domestic cold water provided to the Building, sewer charges and common area electric, shall be paid by Tenant as part of Expenses. Landlord may, at Landlord's discretion, cause said utilities provided to the Building to be separately metered or submeteredassessed or which are only partially separately metered or assessed and which are used by Tenant in common with other tenants or occupants of the Village Center, whereupon Tenant shall pay to Landlord, within 10 days after invoice, Tenant’s share of the charges and fees billed to Landlord for such utilities shall be directly paid Utilities allocated by Landlord to the utility company providing Premises on an equitable basis, having regard to hours of usage, square footage, connected load and other factors conforming to good engineering practice. If Landlord is billed for any such utilityfees as a result of the Premises not being separately metered or assessed, or if not payable directly then Tenant shall pay to Landlord, within ten (10) days after invoice, Tenant’s share of such fees billed to Landlord and allocated by Landlord to the providing utility company, paid to Landlord as a separate line item of Expenses. (d) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for Premises on the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (to the extent permitted by Law), installation and maintenance costs shall be paid by Tenant. The standard capacities for the Building are same basis as set forth in subsection 3.02(b) above, (c) Landlord shall not be liable in damages or otherwise for any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interference, interruption or defect in the attached Exhibit E. utility services provided to the Premises. No such change, failure, interference, interruption or defect shall entitle Tenant to terminate this Lease or a▇▇▇▇ the payments Tenant is required to make under this Lease, provided, however, that if the supply of water (eincluding chilled water) Electrical or electricity service to the Premises may be furnished by one or sewer service is interrupted for a period of five (5) or more companies providing electrical generationconsecutive days and such interruption resulted from the negligence or willful misconduct of Landlord, transmission then the Rent payable under this Lease shall a▇▇▇▇ from and distribution services, and after the cost of electricity may consist of several different components or separate charges for such services, such as generation, distribution and stranded cost charges. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee sixth (if permitted by Law6th) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount consecutive day of such fee shall not exceed 50% of any savings obtained by Landlord. If either interruption through the quantity or character of utility date such interrupted service is changed by the public utility corporation supplying such service to the Building or the Premises is no longer available or suitable for Tenant's requirementsrestored. RM:6995119:7 Village Center Lease Agreement Initials: L: , no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminutionT:

Utility Charges. (a) From Tenant covenants and after agrees to pay all charges for water, sewer, gas, electricity, light, heat, power, telephone or other utility services used or consumed in or supplied to the earlier to occur Leased Premises commencing as of the Lab Space Rent Commencement Date or the Office Space Rent Commencement Date. The determination of any such utilities shall at the option of Landlord be either (i) by a separate meter installed by Tenant at its expense, or (ii) allocated by Landlord to Tenant on an equitable basis. Should Landlord elect to supply all or any portion of the utility services to be used or consumed on the Leased Premises, Tenant shall payupon presentation of such statement for such utility service pay to Landlord as additional rent under the terms hereof, the amount of said statement if it represents utility service to the Leased Premises only, or for Tenant’s proportionate share of said statement if it includes utility service to an area greater than the Leased Premises. Such proportionate share will be based upon the square footage occupied by Tenant as a percentage of the total square footage of the area metered, adjusted higher for any extra usage reasonably assessed Tenant by virtue of Tenant’s disproportionate use of utilities as a result of ▇▇▇▇▇▇’s use or equipment utilized in Tenant’s operation. Said pro ration of utilities shall be reviewed by Landlord and Tenant at the end of the first year of occupancy, or periodically thereafter, at which time Landlord shall determine if the present percentage of said total utilities is equitable in relation to the use of total services by all the tenants and will be adjusted by Landlord if necessary. Landlord may elect to estimate the average monthly utility cost and establish a monthly escrow payment which be payable by Tenant along with its monthly rent and adjusted at the end of each year. If any such utilities as above defined shall be shared among or between tenants and unoccupied units, twenty percent (20%) of the total cost of such utilities shall be assessed against the vacant unit and the remaining eighty percent (80%) shall be assessed and allocated as outlined above. Landlord shall incur no liability to Tenant in the event that any utility becomes unavailable from any source of supply or for any reason not within Landlord’s reasonable control. All utilities required by Tenant and not provided by Landlord, as Additional Rentset forth above, shall be contracted for by Tenant in Tenant’s own name with the cost of appropriate utility suppliers. Tenant shall pay for all electricity, gas, water such utilities. Landlord covenants and agrees to pay for all other utilities used or consumed at in the Premises, including, without limitation, the utilities and services described Common Areas subject to Landlord’s right to receive from Tenant Tenant’s Pro Rata Share of Operating Expense as provided for in Article 5III. (b) The electric, gas and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly by Tenant 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 paid by Tenant to Landlord as a separate line item of Expenses. (c) All other utilities not separately metered, including, without limitation, domestic cold water provided to the Building, sewer charges and common area electric, shall be paid by Tenant as part of Expenses. Landlord may, at Landlord's discretion, cause said utilities provided to the Building to be separately metered or submetered, whereupon such utilities shall be directly paid to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses. (d) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (to the extent permitted by Law), installation and maintenance costs shall be paid by Tenant. The standard capacities for the Building are as set forth in the attached Exhibit E. (e) Electrical service to the Premises may be furnished by one or 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. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Law) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed by the public utility corporation supplying such service to the Building or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution

Utility Charges. (a) From 18.01. Tenant shall pay all charges for gas, water, sewer, electricity, heat or other utility or service supplied to the Demised Premises as measured by meters or sub-meters relating to Tenant’s use, and after any cost of repair, maintenance, replacement, and the earlier to occur reasonable and actual costs of reading of any meters measuring Tenant’s consumption thereof. If any utilities or services are not separately metered or assessed or are only partially separately metered or assessed and are used in common with other tenants or occupants of the Lab Space Rent Commencement Date or the Office Space Rent Commencement DateBuilding, Tenant shall pay, as Additional Rent, the cost pay to Landlord on demand Tenant’s proportionate share of all electricity, gas, water and all other such charges for utilities used or consumed at the Premises, including, without limitation, the utilities and services described in Article 5. (b) The electric, gas and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly by Tenant to the utility company providing the same or if the cost is not directly payable to the utility companies supplying utilities or and/or services, then the actual costs incurred by Landlordwhich, net of all discounts and rebates received by Landlord in connection therewith shall be paid by Tenant to Landlord except as a separate line item of Expenses. (c) All other utilities not separately metered, including, without limitation, domestic cold water provided to the Building, sewer charges and common area electricbelow, shall be paid such charges multiplied by Tenant as part a fraction the numerator of Expenseswhich shall be the Floor Space in the Demised Premises and the denominator of which shall be the Floor Space of all tenants and occupants of the Building using such utilities and/or services. If Landlord may, at Landlord's discretion, cause said utilities provided is permitted by law to provide electric energy to the Building Demised Premises by re-registering meters or otherwise and to be separately metered or submetered, whereupon such utilities shall be directly paid to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses. (d) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (to the extent permitted by Law), installation and maintenance costs shall be paid by Tenant. The standard capacities for the Building are as set forth in the attached Exhibit E. (e) Electrical service to the Premises may be furnished by one or more companies providing electrical generation, transmission and distribution services, and the cost of electricity may consist of several different components or separate collect any charges for such serviceselectric energy, such as generation, distribution and stranded cost charges. Landlord shall have the exclusive right to select any company providing electrical service do so, in which event Tenant shall pay to Landlord upon receipt of bills therefor for electric energy provided the Premises, to aggregate the electrical service rates for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Law) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee electric energy shall not exceed 50% of any savings obtained by Landlord. If either be more than the quantity or character of utility service is changed rates Tenant would be charged for electric energy if furnished directly to Tenant by the public utility corporation supplying which would otherwise have furnished electric energy. In the event Landlord determines that Tenant’s utilization of any such service exceeds the fraction referred to above, Tenant’s proportionate share with respect to such service shall, at Landlord’s option, mean the percentage of any such service (but not less than the fraction referred to above) which Landlord reasonably estimates as Tenant’s utilization thereof. Tenant expressly agrees that Landlord shall not be responsible for the failure of supply to Tenant of any of the aforesaid, or any other utility service. Landlord shall not be responsible for any public or private telephone service to be installed in the space, particularly conduit, if required. Expenses incurred by Landlord for meter reading, if any, shall be included in Operating Expenses. In the event any other tenant or occupant of the Building, uses a disproportionate amount of any utility furnished to the Building which is not separately metered or sub-metered (e.g., water), Tenant’s proportionate share with respect to such service shall mean the percentage of any such service which Landlord reasonably estimates as Tenant’s proportionate utilization thereof. 18.02. Tenant’s use of electric energy in the Demised Premises is no longer available shall not at any time exceed the capacity of any of the electrical conductors and equipment in or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminutionotherwise serving the Demised Premises.

Utility Charges. (a) From and after the earlier to occur of the Lab Space Rent Commencement Date or the Office Space Rent Commencement Date, Tenant shall paybe solely responsible for and shall promptly pay for all fees, as Additional Rentdeposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the cost of all electricitylike, for water, gas, water electricity, HVAC, fire alarm, burglar alarm, telephone, cable television, sewer and all sanitation, solid waste disposal and any other utilities service or utility used in or consumed at upon or furnished to the Premises, including, without limitation, any services to be supplied by Landlord from a central utility plant or other utility system as more particularly set forth on the utilities Data Sheet or on Exhibit D, irrespective of whether any of the foregoing are initially paid in advance by Landlord, or otherwise. Landlord, at its sole option, may elect to furnish any or all of such services with a separate charge therefor to Tenant, at a cost in excess of Landlord’s cost, subject to 12.01(d) below, such charge to be based upon the services used by ▇▇▇▇▇▇, as reflected by meter, submeter or otherwise. Tenant shall pay such charge at such time and services described upon such terms as installments of Minimum Annual Rental are due. Tenant shall initially pay Landlord the sums set forth on the Data Sheet per annum for the cost of providing: (i) water and sewer service; (ii) fire detection services; and (iii) electric service to the Premises. All such sums shall be subject to reasonable annual adjustments by Landlord and paid in Article 5equal consecutive monthly installments in the same manner as Minimum Annual Rental. (b) The electric, gas and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly by Tenant Except to the extent of Landlord’s gross negligence or willful misconduct, in no event shall Landlord be liable for damages or otherwise for any interruption, reduction, disruption, curtailment or failure in the supply, quality or character of electricity, services from a central utility company providing the same plant or if the cost is not directly payable any other utility or other service, nor shall any such condition be deemed to the utility companies supplying utilities constitute constructive eviction of Tenant, or services, then the actual costs incurred by Landlord, net of all discounts and rebates received by Landlord in connection therewith shall be paid by excuse or relieve Tenant to Landlord as a separate line item of Expensesfrom its obligations under this Lease. (c) All other utilities not separately metered, including, without limitation, domestic cold water provided to the Building, sewer charges and common area electric, shall be paid by Tenant as part of Expenses. Landlord may, at Landlord's discretionupon thirty (30) days’ prior written notice to Tenant, cause said utilities provided elect to have Tenant obtain, and/or discontinue furnishing, as applicable, any utility to the Building to be separately metered or submetered, whereupon such utilities shall be directly paid to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses. (d) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects Premises (including, without limitation, the installation heating, ventilation and air conditioning services) if such utility is available from an alternate supply source, without thereby affecting other terms of utility service upgrades, meters, submeters, air handlers this Lease in any manner or cooling units)otherwise incurring any liability to Tenant, and Landlord shall no longer be obligated to furnish such utility to the additional usage (Premises. If Landlord gives such notice, Tenant shall promptly contract for and receive such utility directly from the public utility serving the Development, and Landlord shall permit Tenant, at Tenant’s sole cost, to use Landlord’s risers, wiring, electric and any other installations then serving the Premises for such purpose, if any, to the extent permitted that the same are available, suitable and may be safely so used, consistent with concurrent and anticipated future use by Law)Landlord and other tenants. Landlord may thereafter from time to time during the Term elect to provide, installation and maintenance costs or resume provision of, any utility to the Premises. ROS/Impossible Kicks 15 Form Rev. [02/2023] (d) To the extent utilities provided by Landlord are utilities which could be supplied to Tenant as a direct customer of a public utility, the value of such utility used by Tenant shall be paid by Tenant. The standard capacities for computed so as not to exceed the Building are as set forth in rate schedules which would be applicable if Tenant was at the attached Exhibit E.time a direct customer of such public utility corporation. (e) Electrical service to the Premises may be furnished by one or 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. Landlord shall have the exclusive right to select reduce heating, cooling and lighting within the Premises and the Common Areas as required by any company mandatory or voluntary fuel or energy saving allocation, or similar statute, regulation, order or program. (f) Tenant shall operate its heating, ventilating and air conditioning (“HVAC”) system(s) serving the Premises to maintain comfortable conditions. Temperatures in the Premises shall be compatible with temperatures in the Development. (g) If Tenant desires to install any equipment which shall exceed the capacity of any utility facilities or which shall require additional utility facilities, Tenant shall obtain Landlord’s prior written approval. If approved by Landlord, and if Landlord provides additional facilities to accommodate Tenant’s installation, Tenant shall pay Landlord, on demand, the cost of providing electrical such additional utility facilities or utility facilities of greater capacity. Tenant shall in no event use any of the utility facilities in any way which shall overload or overburden the utility systems. (h) Tenant shall be permitted, without charge by the backbone provider retained by Landlord, if any, (the “Backbone Provider”), to provide Wi-Fi to its customers free of charge while its customers are within the Premises provided that: (a) Tenant installs, at Tenant’s cost and expense, a system for the provision of Wi-Fi entirely independent of, and not interfering with, the infrastructure installed by the Backbone Provider; and (b) such system does not provide Wi-Fi service outside of the Premises except leakage to a de minimis extent which cannot reasonably be prevented. Tenant acknowledges that Wi-Fi service shall be provided by the Backbone Provider in the Common Areas. Tenant agrees that: (1) Wi-Fi service in the Common Areas may interfere with or disrupt Wi-Fi service in the Premises, to aggregate ; and (2) neither Landlord or the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord Backbone Provider shall be entitled to receive a fee (if permitted by Law) liable for any such interference or disruption or any failure, delay, interruption or reduction in Wi-Fi service in the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed by the public utility corporation supplying such service to the Building or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminutionPremises.

Utility Charges. (a) From and after the earlier to occur of the Lab Space Rent Commencement Date or the Office Space Rent Commencement Date, Tenant shall paypay all rents and charges for water, as Additional Rentsewer, the cost of all electricity, gas, water heat, steam, hot and/or chilled water, air-conditioning, ventilating, telephone service and all other utilities used or consumed at supplied to the Premises, includinghowever supplied (the “Utility Charges”), without limitationwhen the same become due and shall pay any fees associate with establishing such services in Tenant’s name. If any such utilities are not separately metered, then in addition to Tenant’s payments of separately metered charges, Tenant shall pay to Landlord, at Landlord’s option, either on the first day of each calendar month or within ten (10) days after receipt of a bill therefor, the following (“Utility Rent”): Tenant’s proportionate share of such Utility Charges which shall be calculated as follows: the Utility Charges for such utilities plus Landlord’s reasonable administrative costs shall be multiplied by a fraction, the numerator of which shall be the Floor Space of the Main Floor Areas and the denominator of which shall be the total Floor Space of tenants using such utilities. It is anticipated that Landlord, at Tenant’s cost, will install submeters for and in connection with the utility services described furnished to the Premises (other than utilities related to the HVAC system serving the Premises, which Landlord anticipates will not be separately metered; but Landlord reserves the right to separately meter such utilities related to the HVAC, at Tenant’s cost)) and thereupon Landlord may collect all or any part of the Utility Charges (plus a 5% administrative fee) directly from Tenant provided that such Utility Charges shall not exceed the rates Tenant would be charged if billed directly by the local utility therefor for the same services. Landlord, in Article 5its sole discretion, shall have the right, at all times, to alter any and all utilities, and the equipment relating thereto, serving the Mixed Use Project or any portion thereof, provided such alteration by Landlord does not result in a diminution of the utility service to the Premises. Tenant shall execute and deliver to Landlord without delay such documentation as may be required to effect such alteration. (b) The electric, If Tenant shall require natural gas and water consumed and used at the Premises shall be separately metered and said costs shall be paid directly by Tenant 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 paid by Tenant to Landlord as a separate line item of Expenses. (c) All other utilities not separately metered, including, without limitation, domestic cold water provided to the Building, sewer charges and common area electric, shall be paid by Tenant as part of Expenses. Landlord may, at Landlord's discretion, cause said utilities provided to the Building to be separately metered or submetered, whereupon such utilities shall be directly paid to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses. (d) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation operation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (to the extent permitted by Law), installation and maintenance costs shall be paid by Tenant. The standard capacities for the Building are as set forth ’s business in the attached Exhibit E. (e) Electrical service to the Premises may be furnished by one or 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. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate Tenant shall, at its own expense, arrange for such natural gas utility service from the electrical service for the Property and Premises with other buildings, to purchase electricity through local gas company in a broker and/or buyers group and to change the providers and manner of purchasing electricity. approved by Landlord shall be entitled to receive a fee (if permitted by Law) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee which approval shall not exceed 50% of any savings obtained by Landlord. If either the quantity or character of utility service is changed by the public utility corporation supplying such service to the Building or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminutionbe unreasonably withheld).

Utility Charges. (a) From and after the earlier to occur of the Lab Space Rent Commencement Date or the Office Space Rent Commencement Date, the Tenant shall paypay directly to the provider of the service, as Additional Rent, the cost of all electricitycharges for steam, gas, water electricity, fuel, water, sewer and all other services and utilities used or consumed at the Premises, including, without limitation, the utilities and services described in Article 5. (b) The electric, gas and water consumed and used at furnished to the Premises and separately metered. Tenant shall be separately metered and said costs shall be paid directly by Tenant to purchase electricity from the utility company service 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 paid by Tenant to Landlord as a separate line item of Expenses. (c) All other utilities not separately metered, including, without limitation, domestic cold water provided to the Building, sewer charges and common area electric, shall be paid by Tenant as part of Expenses. Landlord may, at Landlord's discretion, cause said utilities provided electricity to the Building from time to be separately metered or submetered, whereupon such utilities shall be directly paid to the utility company providing such utility, or if not payable directly to the providing utility company, paid to Landlord as a separate line item of Expenses. (d) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (to the extent permitted by Law), installation and maintenance costs shall be paid by Tenant. The standard capacities for the Building are as set forth in the attached Exhibit E. (e) Electrical service to the Premises may be furnished by one or 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 chargestime. Landlord shall have the exclusive right at any time and from time to select time to change the electricity provider to the Building. If at any company providing electrical time during the Term, any utility service to the PremisesPremises is not separately metered and paid directly to the service provider by Tenant, Tenant’s usage and billing shall depend upon Landlord’s reading of the check meters (or, if not check metered, upon the reasonable estimate of Tenant’s usage as determined by Landlord’s engineer, provided that Tenant shall have the right to aggregate install check meter(s) at its sole cost and expense) for such service and the electrical service for the Property results and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner readings of purchasing electricity. such check meter(s) whether installed by Tenant or Landlord shall be entitled dispositive for purposes of measuring such usage and billing, or if Tenant’s usage is otherwise non-determinable, then such usage and billing will be based on the proportion of Tenant’s rentable square footage compared to receive a fee (if permitted other tenants having use of the same utility service. Unless separately metered and paid directly by Law) Tenant, Additional Rent for utilities in the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained Premises may be estimated monthly by Landlord. If either , based upon the quantity or character estimate set forth in the preceding sentence, and shall be paid monthly by Tenant as billed with a final accounting based upon actual bills following the conclusion of utility service is changed by the public utility corporation supplying such service to the Building or the Premises is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminutioneach Operating Fiscal Year.