Common use of Utility Services Clause in Contracts

Utility Services. Commencing on the Term Commencement Date, Tenant shall provide and pay all charges and deposits for gas, water, sewer, electricity, and other energy, utilities and services used or consumed on the Premises (“Utility Services”) during the Term which now or hereafter separately serve the Premises, or are not expressly to be provided by Landlord elsewhere hereunder. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at the Premises, Tenant will reimburse Landlord for the cost of such consumption as measured thereby and as billed by Landlord. If such Utility Services are not separately metered, Tenant shall pay the cost of the same as part of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its usage of the system generating the Utility Services as billed by Landlord in common with other tenants having shared use of such system. It is understood and agreed that except as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the Premises are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services.

Utility Services. Commencing on Utilities: ----------------------- Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Term Commencement DatePremises electricity for normal desk top office equipment and normal copying equipment, Tenant and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of the premises, 365 days per year, 24 hours per day at no additional cost to Tenant. Landlord shall provide also maintain and pay all charges keep lighted the common stairs, common entries and deposits restrooms in the Building. Landlord shall not be in default hereunder or be liable for gasany damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services if beyond the reasonable control of Landlord, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, sewer, electricity, and gas or any other energy, utilities and services used or consumed on the Premises (“Utility Services”) during the Term which now or hereafter separately serve form of energy serving the Premises, . Building or are not expressly to be provided by Landlord elsewhere hereunder. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at Project if beyond the Premises, Tenant will reimburse Landlord for the cost reasonable control of such consumption as measured thereby and as billed by Landlord. If such Utility Services are not separately metered, Tenant shall pay the cost of the same as part of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its usage of the system generating the Utility Services as billed by Landlord in common with other tenants having shared use of such system. It is understood and agreed that except as may be expressly provided hereunder, Landlord shall not be liable under no obligation whatsoever any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure by third parties to furnish any such services to the Premises, and shall not be liable for (nor suffer any reduction in any rent on account of) any interruption services. If Tenant uses heat generating machines or failure equipment in the supply of Premises which affect the same. If temperature otherwise maintained by the Premises are not separately meteredHVAC system, Landlord reserves the right, at any time during the Term, right to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, supplementary air conditioning units in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Landlord shall use reasonable efforts to correct all services provided for hereunder. Tenant shall not, without the written consent of Landlord, use any apparatus or devise in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the delivery Premises. Tenant shall not consume water or electric current in excess of Utility Servicesthat usually furnished or supplied for the use of Premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent. Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense.

Utility Services. Commencing on the Term Commencement DateSection 3.01. Lessee agrees to pay, Tenant shall provide and pay or caused to be paid, as Additional Rent, all charges and deposits for gasLessee’s utilities, including, without limiting the generality of the foregoing, heat, air conditioning, water, sewer, sewer and electricity, and other energyLessee will comply with all contracts relating to any such services. Lessee’s charges for such utility usage shall be based upon Lessee’s actual usage if separately metered, utilities it being agreed that electricity to power the heat pumps producing heat and services used or consumed on air conditioning to the Demised Premises, and electricity to the Demised Premises (“Utility Services”) will be paid for by Lessee and, as applicable, thermostatically controlled by Lessee. However, if at any time during the Term which now or hereafter separately serve the Premises, or are not expressly to be provided by Landlord elsewhere hereunder. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at the Premises, Tenant will reimburse Landlord for the cost term of such consumption as measured thereby and as billed by Landlord. If such Utility Services this Lease any utilities are not separately metered, Tenant such usage and billing shall pay be based upon a percentage of the total ▇▇▇▇ for such unmetered utilities based upon a fraction equal to Lessee’s square footage over the total square footage served by such non-separately metered utilities on a “net rentable” basis. Such Additional Rent for non-separately metered utilities may be estimated monthly by Lessor, based upon prior usage at the Building or as projected by the appropriate utility company, and shall be paid monthly, without demand, offset, setoff or deduction, by Lessee. Lessor shall, upon request, provide to Lessee reasonable documentation to support such financial accounting as available. Lessor shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Demised Premises as of the Term Commencement Date of this Lease, and in any event, all telephone and other telecommunications are the responsibility of the Lessee. In the event Lessee requires additional utilities or equipment, the installation and maintenance thereof shall be Lessee’s sole cost and obligation, provided that such installation shall be subject to the prior written consent of the Lessor, which such consent shall not be unreasonably withheld, conditioned or delayed. Section 3.02. Lessor agrees to furnish reasonable heating, ventilation and air conditioning (“HVAC”) to the common hallways and lavatories during “Business Hours” (as hereinafter defined) during the heating or air conditioning season, as applicable, and to provide hot water to common lavatories, twenty-four (24) hours a day, to light common passageways (which, during times other than Business Hours (as hereinafter defined) may be in such manner or to such extent as Lessor deems reasonably appropriate, taking into account such matters as Building operations and energy conservation measures), and Lessor further agrees to clean the Demised Premises, the common areas, common area glass, common lavatories and glass main entry doorways to the Building, Mondays through Fridays, with the exception of legal federal and state holidays, in accordance with the Cleaning Specification attached hereto as Exhibit “C”, all subject to interruption due to accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for the Building, governmental restraints, or to any cause beyond Lessor’s control. In no event shall Lessor be liable for any interruption or delay in any of the above services for any of such causes and Lessee’s Rent shall not be abated therefore. For the purposes of this Section 3.02, reasonable heat to common areas shall be defined as a minimum of 66 degrees Fahrenheit during Business Hours for the months from November through April, and reasonable cooling of common areas shall be defined as approximately 72 degrees Fahrenheit during Business Hours for the months from June through August. The Building’s “Business Hours” are as determined by Lessor from time to time, but at a minimum, the Building’s Business Hours shall be no less than Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. and 7:00 am to 1:00 pm on Saturday, excluding local, state and federal legal holidays. Lessor will use reasonable efforts upon reasonable advance written notice from Lessee of its requirements in such regard, to furnish additional heat to the Demised Premises on days and at times other than as above provided, subject to reimbursement by Lessee as provided hereinafte. The Building will be open for access to the Demised Premises during Business Hours, and at all other times the Building will be locked, but available for access via access cards provided to Lessor, Lessee and other tenants. There shall be no additional or overtime charge to Lessee for routine HVAC use (which shall provide reasonable heat and reasonable cooling) outside of Business Hours; however, Lessee acknowledges that any service call during such time shall be charged at applicable rates. Lessee further acknowledges that Lessee shall be solely responsible for the cost of operating, as well as all repair and maintenance of, any supplemental HVAC systems installed by, or specifically at the same as part of request of, Lessee to serve Lessee’s server room or otherwise exclusively serve the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its usage of the system generating the Utility Services as billed by Landlord in common with other tenants having shared use of such system. It is understood and agreed that except as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Demised Premises, and shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the Premises are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services.

Utility Services. Commencing (a) Costs for consumption of electrical current, lab gasses, HVAC (as hereinafter defined in Section 18) and other utilities in the Subleased Premises are included in the Fixed Operating Expense Charge based on the Term Commencement Dateuse of the Subleased Premises in strict conformity with the Permitted Use (as hereinafter defined in Section 8). If the use of the Subleased Premises is not in strict conformity with the Permitted Use, Tenant Sublessee shall, within thirty (30) days after the rendition of a ▇▇▇▇ thereof by Sublessor, from time to time, pay Sublessor for any additional costs incurred by Sublessor for such other use including, without limitation, increased utility costs, Nothing herein shall provide and be deemed to allow Sublessee to use the Subleased Premises for any use other than the Permitted Use. (b) Notwithstanding anything to the contrary in this Sublease, Sublessee shall be entitled to HVAC service pursuant to the terms of Section 18 based upon usage solely from the existing (as of the date of this Sublease) air handling equipment serving the Subleased Premises. Sublessee shall pay all charges and deposits for gas, water, sewer, electricity, and other energy, utilities and services used any additional air handlers or consumed on additional HVAC service installed in or supplied to the Premises (“Utility Services”) during the Term which now or hereafter separately serve the Subleased Premises, including without limitation, costs to submeter the Subleased Premises, at Sublessee's sole cost and expense. Nothing herein shall be deemed to allow Sublessee to install and/or use any additional air handling equipment or HVAC service without Sublessor's consent which consent shall not be unreasonably withheld provided such equipment or services (i) are not expressly consistent and compatible with the existing Building HVAC systems, (ii) Landlord has approved the installation of such services and (iii) Sublessee has complied with the terms of Section 15 of this Sublease and all applicable terms of the Prime Lease with respect to be provided by Landlord elsewhere hereundersuch equipment or services. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at the PremisesSublessor, Tenant will reimburse Landlord for the cost of such consumption as measured thereby and as billed by Landlord. If such Utility Services are not separately meteredin its sole discretion, Tenant shall supply any additional HVAC service, Sublessee shall pay the cost costs thereof to Sublessor within thirty (30) days after the rendition of the same as part of the Operating Costs payable hereunder ora ▇▇▇▇ thereof by Sublessor, based upon Tenant’s pro rata share of its usage of the system generating the Utility Services as billed by Landlord in common with other tenants having shared use of such system. It is understood and agreed that except as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the Premises are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Servicestime.

Utility Services. Commencing on the Term Commencement Date(a) Tenant shall make all arrangements for, Tenant and shall provide and pay all charges and deposits for gasrequired by the provider for, water, sewer, gas, boiler water, electricity, telephone and any other energy, utilities and or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become due. Tenant shall reimburse Landlord, as Additional Rent, for the cost of installation of any additional metering of the Premises (which was not installed as part of the Base Building Work) for the purpose of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior to or during the Term which now Term) and maintaining any “check” or hereafter separately serve the Premises“sub” meters, or are not expressly to be provided within thirty (30) days after invoicing by Landlord. In addition, if Landlord elsewhere hereunder. If such shall install, at Tenant’s request, meters for any Utility Services are submetered or checkmetered requested by Tenant, Tenant shall reimburse Landlord, as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord. (b) As part of the Base Building Work, Landlord will (i) install BTU meters to measure the aggregate Common Area usage in the Building and Tenant’s consumption of hot water, chilled water and condenser water. In accordance with the provisions of the Work Letter attached hereto as Exhibit C, Tenant shall, at its own cost and expense, install BTU meters on all Building hot water, chilled water and condenser water service to the Premises to measure Tenant’s actual consumption usage thereof, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS)); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable and non-potable water services to the Premises. Tenant shall provide and install water meters at this connection with remote readers to record Tenant’s use of potable and non-potable domestic water within the Premises. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant will shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such electrical consumption and water consumption as a recurring charge at no ▇▇▇▇-up, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. All costs, charges and expenses associated with the cost commencement of the provision by a particular Utility Service Provider to Tenant or to the Premises at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant. (c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such consumption as measured thereby and as billed charges, within thirty (30) days of invoice therefor by Landlord. If such With respect to any Utility Services that are not either separately meteredmetered or measured by a check meter or submeter (including HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same as part of the Operating Costs payable hereunder orhereunder. Tenant may, based upon Tenant’s pro rata share of no more than once per calendar year, conduct an engineering survey at its usage of sole cost and expense to determine whether the system generating submeters and/or check meters are accurately measuring the Utility Services particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as billed by Landlord in common with other tenants having shared use a result of such system. It is understood survey and agreed that except as may be expressly provided hereundersuch inaccuracies result in an error in the amount billed to Tenant, Landlord shall be under no obligation whatsoever promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to furnish any inspecting such services meters, which shall permit Tenant to disclose the results of such survey to the Premisesextent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Landlord shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the Premises are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor utilities or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. . (d) To the maximum extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-third party providing Utility Services (“Utility Service Provider”)) to the Building, provided that the rates charged by such Utility Service Provider are competitive with the current market rates. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and the such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance noticenotice (except in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services. (e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such request.

Utility Services. Commencing on the Term Commencement DateExcept as otherwise provided in this Section 6.1, Tenant shall provide contract, in its own name, for and pay when due all charges and deposits for gas, water, sewer, electricity, and other energy, utilities and services used or consumed on the Premises (“Utility Services”) during the Term which now or hereafter separately serve the Premises, or are not expressly to be provided by Landlord elsewhere hereunder. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at the Premises, Tenant will reimburse Landlord for the cost of all Utilities billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such consumption as measured thereby and as billed by Landlordcost. If such Utility Services are not separately metered, Tenant shall pay Notwithstanding the cost of the same as part of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its usage of the system generating the Utility Services as billed by Landlord in common with other tenants having shared use of such system. It is understood and agreed that except as may be expressly provided hereunderforegoing, Landlord shall be under no obligation whatsoever to furnish any such services contract in its own name for all electrical service to the Premises, and shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in manage the supply billing of the actual cost of electricity incurred by or on behalf of Tenant in connection with its use and operation of the Premises (such actual costs, without any ▇▇▇▇-up or premium whatsoever, and without imposition of any minimum usage charges, the “Electrical Costs”), subject to reimbursement by Tenant for such Electrical Costs in accordance with the terms of this Section 6.1. Landlord will ▇▇▇▇ Tenant for the Electrical Costs and Tenant shall pay Landlord for the same, as Additional Rent, within thirty (30) days after Landlord’s delivery of a written invoice for the Electrical Costs. If the Premises are not separately meteredpermitted by applicable Laws, Landlord reserves the rightmay, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to Term, either contract for or purchase one or more Utility Services service from any company or third-party different electrical utility companies (“Alternate Service Providers”) than those providing Utility Services electrical service on the date hereof (“Utility Service ProviderProviders”). Tenant agrees reasonably ) or continue to cooperate with Landlord and contract for electrical service from the Utility Service Providers; provided, however, that Landlord shall not contract with an Alternate Service Provider without Tenant’s consent, which consent Tenant shall not unreasonably withhold. Any and all costs associated with a change to any Alternate Service Provider shall be paid by Landlord without reimbursement from Tenant. Tenant shall cooperate with Landlord, the Utility Service Providers, and any Alternate Service Providers and at all times and, as reasonably necessary, and on reasonable advance notice, shall allow Landlord Landlord, Utility Service Providers, and the Utility any Alternate Service Providers reasonable access to any all utility lines, equipment, feeders, risers, fixtureswiring, wiring and any other such machinery or personal property and/or equipment within the Premises as necessary to provide electrical service to the Premises. In addition, Landlord shall provide the following services to the Premises during the period commencing February 1, 2015 and ending May 31, 2015 (the “SVT Period”), solely for the purpose of enabling Tenant to conduct system verification testing of the ASF Furnaces, and specifically not to operate the ASF Furnaces: compressed air, processed exhaust and house electrical (collectively, the “SVT Systems”). Tenant shall pay Landlord the incremental cost associated with operating the delivery SVT Systems during the SVT Period (including without limitation the cost charged by a duly licensed electrician mutually agreed by Landlord and Tenant in writing, to support the system verification testing) within 30 days after Landlord delivers an invoice and reasonable supporting documentation. Landlord will provide Tenant with cost estimates for operating each SVT System reasonably in advance of Utility Services.the SVT Period in order to enable Tenant to evaluate the anticipated costs of operating each SVT System. Tenant may elect to terminate

Utility Services. Commencing on the Term Commencement Date, Tenant shall provide and pay all charges and deposits for gas, water, sewer, electricity, and other energy, utilities and services used or consumed on the Premises (“Utility Services”) during the Term which now or hereafter separately serve the Premises, or are not expressly to be provided by Landlord elsewhere hereunder. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at the Premises, Tenant will reimburse Landlord for the cost of such consumption as measured thereby and as billed by Landlord. If any such Utility Services are not separately metered, Tenant shall pay the cost of the same as part of the Operating Costs payable hereunder or, based upon hereunder. It is understood that the electrical service for the Premises shall be either separately metered or sub or check metered to measure Tenant’s pro rata share consumption of its electricity. If such electrical service is separately metered Tenant shall pay directly to the utility supplier, as Additional Rent hereunder, all electrical service charges before delinquency. If such electrical service is sub or check metered, Landlord shall calculate the electrical service charge based on Tenant’s actual usage of the system generating the Utility Services electricity and Tenant shall pay same to Landlord, as billed by Landlord in common with other tenants having shared use Additional Rent, within fifteen (15) days of such systembilling therefore. It is understood and agreed that except as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the Premises any such Utility Services are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any such Utility ServicesService(s), in which event Landlord shall calculate the applicable Utility Services charges based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance noticenotice (except in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services.

Utility Services. Commencing on (a) Tenant shall pay for all water (including the Term Commencement Datecost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon charged by the applicable utility provider. Electricity and gas supplied to the Premises shall each be separately metered, and chilled water and HVAC airflow for the Laboratory Systems shall be separately submetered or check metered. Tenant shall be entitled to use up to fourteen (14) ▇▇▇▇▇ per usable square foot of the Laboratory Portion of the Premises and up to six (6) ▇▇▇▇▇ per usable square foot of the Office Portion of the Premises of electrical power. ACTIVE/91437610.6 Tenant shall be responsible for procuring and paying for separately metered utilities directly to the provider of the utilities. If any utility is not separately metered or submetered to Tenant, Tenant shall provide and pay either Tenant’s pro rata share, as the case may be, of all charges of such utility jointly metered with other premises, or Tenant’s Occupied Laboratory Share (as hereinafter defined), as reasonably determined by Landlord, as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and deposits charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent, unless such separate meters or submeters are installed as part of the Tenant Work, in which event the cost of installation shall be included in the cost of such work. Landlord may base its bills for gasutilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ to reflect the actual cost of providing utilities to the Premises no less than quarterly. To the extent that Tenant uses more than Tenant’s Laboratory Share of any utilities attributable to the Laboratory Systems or more than Tenant’s Pro Rata Share of the Office Portion of any utilities attributable to the Building Systems, then Tenant shall pay Landlord for Tenant’s increased share of such utilities to reflect such excess. (b) Tenant shall be responsible for the installation of the following check meters (i) the standard flow meter on each floor at the capped connection for non-potable cold water, sewer(ii) the standard flow meter on the supply line and deductive meter on the return line at each floor, electricitylocated at the capped connection, for non-potable hot water supply and return, (iii) the standard flow meter at each floor, located at the capped connection, for tempered water, (iv) polypropylene purified water meter on the supply line and deductive meter on the return line at each floor, located at the capped connection, for the RO/DI system, (v) mass flow meter at each floor, located at the capped connection, for compressed air, (vi) mass flow meter at each floor, located at the capped connection, for the vacuum system, (vii) chilled water meters on the capped chilled water connections on each floor to meter supplemental chilled water usage, (viii) hot water meters on the capped hot water connections on each floor to meter hot water usage, and other energy, utilities and services used or consumed (ix) condenser water meters on the Premises capped condenser water connection on each floor to meter condenser water usage (collectively, the “Utility ServicesTenant Installed Checkmeters”) during ). Tenant shall be responsible for the Term which now or hereafter separately serve ongoing repair and maintenance of any Tenant Installed Checkmeters. Tenant shall also be responsible for providing bus tap, meter and meter socket at each floor for direct utility metering and an electronic check meter for tenant equipment connected to the Premises, or are not expressly to be provided by Landlord elsewhere hereunderGenerator. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at In the event Tenant requires natural gas on any floor within the Premises, Tenant will reimburse Landlord for shall be required to request gas service installation from the utility provider and would be billed directly with a separate meter. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be entitled to occupy all or any portion of the Premises until the Tenant Installed Checkmeters have been installed by Tenant and are fully operational. At Tenant’s election, Tenant shall be entitled to include the installation of the Tenant Installed Checkmeters as part of the Tenant Work pursuant to Exhibit D but at Tenant’s sole cost of such consumption as measured thereby and as billed by Landlord. If such Utility Services are not separately meteredexpense. (c) Notwithstanding anything in this Lease to the contrary, Tenant shall pay the cost of utilities used in the same Premises based on the consumption thereof as part metered by the applicable Tenant Installed Checkmeters and/or any separate meters or submeters installed by Tenant at the rates for the applicable utility then being charged by ACTIVE/91437610.6 the applicable public utility (together with all taxes and fees included by the utility provider), without markup or any additional fees or charges added by Landlord. (d) In the event any governmental entity promulgates or revises any Law, or issues mandatory controls relating to the use or conservation of energy, water, gas, light or electricity, or the Operating Costs payable hereunder or, based upon Tenant’s pro rata share provision of its usage of the system generating the Utility Services as billed any other utility or service furnished by Landlord in common the Building, Landlord may take any appropriate action to comply with other tenants having shared use such provision of Law or mandatory controls, including the making of alterations to the Building, subject, however, to the terms and conditions of this Lease. Tenant agrees to provide, within 10 Business Days of request by Landlord, such system. It is understood information and agreed that except documentation as may be expressly provided hereunder, Landlord shall needed for compliance with any energy reporting or sustainability requirements as may be under no obligation whatsoever to furnish any such services to the Premises, and shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the Premises are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and adopted from time to time during by the Term City of Boston or any other governmental authority with jurisdiction over the Building, which information shall include, without limitation, usage at or by the Premises of electricity, natural gas, steam, hot or chilled water or other energy. Neither Landlord’s actions nor its failure to contract for act shall entitle Tenant to any damages, ▇▇▇▇▇ or purchase one suspend Tenant’s obligation to pay Basic Rent and Additional Rent or more Utility Services from any company constitute or third-party providing Utility Services (“Utility Service Provider”)be construed as a constructive or other eviction of Tenant except as otherwise specifically set forth herein. Tenant agrees reasonably The parties hereto shall comply with all mandatory energy conservation controls and requirements applicable to cooperate with Landlord the Building that are imposed or instituted by the federal, state, county or municipal governments and are of general applicability to the Utility Service Providers and at all times as reasonably necessaryoccupants of the Building, including, without limitation, controls on the permitted range of temperature settings in office/retail buildings, and on reasonable advance noticerequirements necessitating curtailment of the volume of energy consumption or the hours of operation of the Building. Any terms or conditions of this Lease that conflict or interfere with compliance with such controls or requirements shall be suspended for the duration of such controls or requirements. Compliance with such controls or requirements shall not be considered an eviction, shall allow Landlord and the Utility Service Providers reasonable access to any utility linesactual or constructive, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within of Tenant from the Premises and associated with the delivery shall not entitle Tenant to terminate this Lease or to an abatement of Utility Servicesany Rent payable hereunder.

Utility Services. Commencing on Tenant shall be solely responsible for causing the Term electrical supply to the Premises to comply with the requirements of Section 1.2 of this Lease, and for contracting with the appropriate utility companies and shall directly pay the costs of any separately-metered gas, electricity or any other utility used, consumed or provided in, furnished to or attributable to the Premises during any Early Occupancy Period and from and after Lease Commencement DateDate at the rates charged by the supplying utility companies and, within thirty (30) days of the close of each calendar quarter during the Lease Term, Tenant shall provide and pay all charges and deposits for gas, water, sewer, electricity, and other energy, utilities and services used or consumed on the Premises (“Utility Services”) during the Term which now or hereafter separately serve the Premises, or are not expressly deliver to be provided by Landlord elsewhere hereunder. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at the Premises, Tenant will reimburse Landlord copies of its electricity bills for the cost of such consumption as measured thereby and as billed by Landlord. If such Utility Services are not separately metered, Tenant shall pay the cost of the same as part of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its usage of the system generating the Utility Services as billed by Landlord in common with other tenants having shared use of such system. It is understood and agreed that except as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not be liable for immediately preceding three (nor suffer any reduction in any rent on account of3) any interruption or failure in the supply of the samemonth period. If the Premises are not separately metered, then water, electrical and gas service shall be sub-metered to the Premises, and reimbursed by ▇▇▇▇▇▇ directly to Landlord reserves as Additional Rent. Should Landlord elect to supply any utilities not separately-metered to the rightPremises (and the parties acknowledge that Landlord will supply water service to the Premises), ▇▇▇▇▇▇ agrees to purchase and pay for the same as Additional Rent (or at Landlord’s election, as part of Direct Expenses) as apportioned by Landlord. The rate to be charged by Landlord to Tenant shall not exceed the rate charged to Landlord by any supplying utility. ▇▇▇▇▇▇▇▇ will notify Tenant of this charge promptly after it becomes known. This charge will increase or decrease with current charges being levied against Landlord, the Premises or the Project by the local utility company, and will be due as Additional Rent. Tenant shall reimburse Landlord within thirty (30) days of billing for fixture charges and/or water tariffs, if applicable, which are charged to Landlord by local utility companies or, at any time during the TermLandlord’s option, to install a monitor or check meter to measure such charges shall be included in Operating Expenses. Additionally, Tenant shall, at Tenant’s consumption of any Utility Servicessole cost and expense, in which event Landlord shall calculate provide janitorial services to the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by lawPremises at least five (5) days per week; however, Landlord shall have the right at any time and from time (i) to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord approve Tenant’s janitorial contractor and the Utility Service Providers and at all times as reasonably necessaryscope of services to be provided by the same (which approval shall not be unreasonably withheld, conditioned or delayed), and on reasonable advance notice(ii) if Tenant fails to provide such janitorial services to the Premises, to provide such janitorial services for Tenant’s benefit and Tenant shall allow reimburse Landlord and the Utility Service Providers reasonable access for its costs incurred to any utility lines, equipment, feeders, risers, fixtures, wiring and any other provide such machinery or personal property within the Premises and associated with the delivery janitorial services promptly upon receipt of Utility ServicesLandlord’s invoice therefor.

Utility Services. Commencing (a) Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m. and Saturdays from 8:00 a.m. to 1:00 p.m., furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation and an electrical load not exceeding 3.0 ▇▇▇▇▇ per square foot of Premises Rentable Area. If Tenant shall require air conditioning, heating or ventilation outside the hours and days above specified, Landlord may furnish such service and Tenant shall pay therefor such charges as may from time to time be in effect for the Building upon demand as Additional Rent. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system's ability to perform adequately its proper functions, supplementary systems may, if and as needed, at Landlord's option, be provided by Landlord, and the cost of such supplementary systems shall be payable by Tenant to Landlord upon demand as Additional Rent. (b) Tenant shall be responsible for the payment of all utilities used and consumed in the Premises. Tenant shall pay for all separately metered utilities used and consumed in the Premises directly to the provider thereof. Landlord shall charge Tenant the Cost of Tenant's Electricity for Lights and Plugs set forth in Section 1.1 above, plus Tenant's Proportionate Share of the electricity and natural gas used in connection with the HVAC system for the Building. Tenant shall pay Landlord such amounts as Additional Rent hereunder within thirty (30) days after receipt of each such invoice. The obligation to pay for electricity used and consumed in the Premises during the last month of the Term hereof shall survive expiration of the Term. Landlord shall purchase and install, at Tenant's expense, all lamps, tubes, bulbs, starters and ballasts. In order to assure that the foregoing requirements are not exceeded and to avert possible adverse effect on the Term Commencement DateBuilding's electric system, Tenant shall provide not, without Landlord's prior consent, connect any fixtures, appliances or equipment to the Building's electric distribution system other than personal computers, facsimile transceivers, typewriters, pencil sharpeners, adding machines, photocopiers, word and pay all charges and deposits for gasdata processors, waterclocks, sewerradios, electricityhand-held or desk top calculators, dictaphones, desktop computers and other energy, utilities similar small electrical equipment normally found in business offices and services used or consumed on the Premises not drawing more than 15 amps at 120/208 volts. (“Utility Services”c) From time to time during the Term which now or hereafter separately serve of this Lease, Landlord shall have the Premises, or are not expressly right to be provided have an electrical consultant selected by Landlord elsewhere make a survey of Tenant's electric usage, the result of which survey shall be conclusively binding upon Landlord and Tenant. In the event that such survey shows that Tenant has exceeded the requirements set forth in paragraph (b), in addition to any other rights Landlord may have hereunder. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at the Premises, Tenant will shall, upon demand, reimburse Landlord for the cost of such consumption survey and the cost, as measured thereby and as billed determined by Landlord. If such Utility Services are not separately meteredconsultant, Tenant shall pay the cost of the same as part of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its electricity usage of the system generating the Utility Services as billed by Landlord in common with other tenants having shared use excess of such system. It is understood and agreed that except requirements as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the Premises are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility ServicesAdditional Rent.

Utility Services. Commencing on the Term Commencement DateSection 3.01. ▇▇▇▇▇▇ agrees to pay, Tenant shall provide and pay or cause to be paid, as additional rent, all charges and deposits for gas, water, sewer, ▇▇▇▇▇▇’s electricity, and other energy, utilities and services used or consumed on the Premises (“Utility Services”) during the Term which now or hereafter separately serve the Premises, or are not expressly ▇▇▇▇▇▇ will comply with all contracts relating to any electrical services. Lessee’s charges for such electricity usage shall be provided by Landlord elsewhere hereunder. If such Utility Services are submetered or checkmetered to measure Tenantbased upon ▇▇▇▇▇▇’s actual consumption at the Premisesusage, Tenant will reimburse Landlord for the cost of if separately metered. However, if such consumption as measured thereby and as billed by Landlord. If such Utility Services are usage is not separately metered, Tenant Lessee shall pay the cost of the same as part of the Operating Costs payable hereunder or, based upon Tenant’s its pro rata share of its usage such electricity charges. Such pro rata share shall be calculated by multiplying the total bill for such non-separately-metered electricity by a fraction the numerator of which shall be equal to the rentable square footage of the system generating Demised Premises and the Utility Services as billed denominator of which shall be equal to the total rentable square footage served by Landlord in common with other tenants having shared use of such systemnon-separately-metered electrical service. It is understood and agreed that except as Such additional rent for non-separately-metered electricity may be expressly provided hereunderestimated monthly by Lessor, Landlord shall be under no obligation whatsoever to furnish any such services to based upon prior usage at the PremisesBuilding or as projected by the appropriate utility company, and shall be paid monthly by Lessee as billed, with a final accounting based upon actual bills every six (6) months. In the event Lessee is billed directly by the utility company for separately metered electricity, then Lessee shall pay such bills directly to the utility company. Section 3.02. Lessor agrees to furnish reasonable heat and air conditioning (HVAC) to the common hallways and lavatories during normal business hours on regular business days during the heating or air conditioning season, as applicable, to light common passageways twenty-four (24) hours a day, to provide hot water to lavatories, and to furnish reasonable cleaning services, including vacuuming and emptying ashtrays and wastebaskets throughout the Building (including the Demised Premises, but not including medical waste generated therein) and clean common areas, common area glass, common lavatories and glass main entry doorways to the Demised Premises, Mondays through Fridays, in substantially the same fashion as furnished in similar buildings in the City of New Bedford, all subject to interruption due to accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for such building, governmental restraints, or to any cause beyond the Lessor’s control. In no event shall Lessor be liable for (nor suffer any reduction in any rent on account of) any interruption or failure delay in the supply any of the sameabove services for any of such causes. If For the purposes of this clause, reasonable heat to common areas shall be defined as a minimum of 66 degrees Fahrenheit between the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday during the months from November through April. Reasonable cooling of common areas shall be provided between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday during the cooling season. Except as noted below, the Building will be open for access to the Demised Premises are not separately metereddaily, Landlord reserves Monday through Friday, between the righthours of 7:00 a.m. and 6:00 p.m. The Building will be closed from 6:00 p.m. to 7:00 a.m. Monday through Friday, inclusive, all day Saturday, all day Sunday and on legal, state and federal holidays, at any which time during the TermBuilding will be locked and secured with access cards provided to Lessor, Lessee and other tenants for access on a 24 hour, 7 day a week basis (subject to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”emergency conditions). Tenant agrees reasonably to cooperate with Landlord and Provided however that HVAC expenses occasioned by such access while the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and Building is closed will be the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery responsibility of Utility ServicesLessee.

Utility Services. Commencing on the Term Commencement Date, Tenant shall provide and pay all charges and deposits for gas, water, sewer, electricity, and other energy, utilities and services used or consumed on the Premises (“Utility Services”) during the Term which now or hereafter separately serve the Premises, or are not expressly A. Lessor agrees to cause to be provided as part of the Leasehold Improvements (as hereinafter defined) mains, conduits and other facilities which are capable of supplying electricity, gas, water and sewer service to the Premises in substantial accordance with the specifications attached hereto as Exhibit "F". Lessee hereby acknowledges the limits of the design standard of the electrical service to be furnished to the Premises as reflected on the specifications attached hereto as Exhibit "F" and, if additional capacity or wiring is required by Landlord elsewhere hereunderLessee, Lessee, after obtaining Lessor's approval with respect to the same, shall install such additional capacity or wiring at Lessee's own expense, provided it is permitted under State and Local code. If Lessee shall pay for all electricity, water and sewer service provided to the Premises and all such Utility Services are submetered or checkmetered utilities shall be separately metered to measure Tenant’s actual consumption at the Premises. B. As part of the Leasehold Improvements, Tenant will reimburse Landlord for Lessor shall install a system including all duct work to heat, air condition and ventilate the cost of such consumption Premises in substantial accordance with the specifications attached hereto as measured thereby and as billed by LandlordExhibit "F". If such Utility Services are not separately metered, Tenant Lessee shall pay the cost of the same as part of the Operating Costs payable hereunder orfor all such heating, based upon Tenant’s pro rata share of its usage of the system generating the Utility Services as billed by Landlord in common with other tenants having shared use of such system. It is understood air conditioning and agreed that except as may be expressly ventilation service provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, including the cost of maintenance, repair and replacement of same. Lessor, at its sole option, may arrange for a preventative maintenance contract for the HVAC units; provided, however, Lessor shall provide Lessee thirty (30) days prior written notice of its intent to so arrange for a preventive maintenance contract for the HVAC units. The costs for such a maintenance contract will become a part of the Common Area costs and expenses. Lessee will also carry insurance covering said equipment which may be self-insured as provided herein and will provide proof of insurance satisfactory to Lessor on said equipment upon occupancy. ▇. ▇▇▇▇▇▇ may, if it so elects, furnish one or more utility services to Lessee, and in such event Lessee shall purchase the use of such services as are tendered by Lessor, and shall pay within thirty (30) days from receipt of invoice as additional rental the rates established therefor by Lessor, which shall not exceed the rates which would be charged for the same service if furnished directly by the local public utility companies. All said ▇▇▇▇▇▇▇▇ shall be based upon Lessee's actual consumption of such utility services. Lessor may at any time upon forty-five (45) days notice to Lessee discontinue furnishing any such service without obligation to Lessee other than to connect the Premises to the public utility, if any, furnishing such service. ▇. ▇▇▇▇▇▇ shall not be liable for (in damages or otherwise, nor suffer shall there be an abatement of rents, if the furnishing by any reduction in supplier of any rent on account of) any interruption utility service or failure in the supply of the same. If other service to the Premises are not separately meteredshall be interrupted or impaired by fire, Landlord reserves accident, riot, strike, act of God, the rightmaking of necessary repairs or improvements, at or by any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Servicescauses beyond Lessor's control.

Utility Services. Commencing (a) Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m. and Saturdays from 8:00 a.m. to 1:00 pm., furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation and an electrical load not exceeding 3.0 ▇▇▇▇▇ per square foot of Premises Rentable Area. If Tenant shall require air conditioning, heating or ventilation outside the hours and days above specified, Landlord may furnish such service and Tenant shall pay therefor such charges as may from time to time be in effect for the Building upon demand as Additional Rent. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system's ability to perform adequately its proper functions, supplementary systems may, if and as needed, at Landlord's option, be provided by Landlord, and the cost of such supplementary systems shall be payable by Tenant to Landlord upon demand as Additional Rent. (b) Tenant shall be responsible for the payment of all utilities used and consumed in the Premises. Tenant shall pay for all separately metered utilities used and consumed in the Premises directly to the provider thereof. Landlord shall charge Tenant the Cost of Tenant's Electricity for Lights and Plugs set forth in Section 1.1 above, plus Tenant's Proportionate Share of the electricity and natural gas used in connection with the HVAC system for the Building. Landlord expressly reserves the right to periodically adjust the cost for electricity according to market conditions. From time to time, but not more than once per calendar month, Landlord shall invoice Tenant for electricity used and consumed in the Premises as measured by the applicable method described above. Tenant shall pay Landlord such amounts as Additional Rent hereunder within thirty (30) days after receipt of each such invoice. The obligation to pay for electricity used and consumed in the Premises during the last month of the Term hereof shall survive expiration of the Term. Landlord shall purchase and install, at Tenant's expense, all lamps, tubes, bulbs, starters and ballasts. In order to assure that the foregoing requirements are not exceeded and to avert possible adverse effect on the Term Commencement DateBuilding's electric system, Tenant shall provide not, without Landlord's prior consent, connect any fixtures, appliances or equipment to the Building's electric distribution system other than personal computers, facsimile transceivers, typewriters, pencil sharpeners, adding machines, photocopiers, word and pay all charges and deposits for gasdata processors, waterclocks, sewerradios, electricityhand-held or desk top calculators, dictaphones, desktop computers, vending machines, microwave ovens and other energy, utilities similar electrical equipment normally found in business offices and services used or consumed on the Premises not drawing more than 15 amps at 120/208 volts. (“Utility Services”c) From time to time during the Term which now or hereafter separately serve of this Lease, Landlord shall have the Premises, or are not expressly right to be provided have an electrical consultant selected by Landlord elsewhere make a survey of Tenant's electric usage, the result of which survey shall be conclusively binding upon Landlord and Tenant, provided, however, Landlord may not conduct more than two (2) of such surveys in any calendar year. In the event that such survey shows that Tenant has exceeded the requirements set forth in paragraph (b), in addition to any other rights Landlord may have hereunder. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at the Premises, Tenant will shall, upon demand, reimburse Landlord for the cost of such consumption survey and the cost, as measured thereby and as billed determined by Landlord. If such Utility Services are not separately meteredconsultant, Tenant shall pay the cost of the same as part of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its electricity usage of the system generating the Utility Services as billed by Landlord in common with other tenants having shared use excess of such systemrequirements as Additional Rent. It is understood and agreed that except as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the Premises are not separately metered, Landlord reserves the rightTenant, at any time during the Termits sole cost and expense, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during conduct its own survey in the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate event it disagrees with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility ServicesLandlord's determination.

Utility Services. Commencing on the Term Commencement Date, Tenant shall provide contract directly with the providers thereof for, and pay directly to such providers, before delinquency, all charges (including (a) meter, use and/or connection fees, hook-up fees or standby fees, and deposits (b) penalties for gasdiscontinued or interrupted service) for, water, sewergas, electricity, telephone, sewer service, waste pick-up and any other energyutilities, utilities and materials or services furnished directly to or used by Tenant in or consumed on about the Premises Premises, including in connection with the operation of the Exterior Equipment (collectively, “Utility Services”). Without limiting the foregoing, Tenant, at its expense, shall provide all trash disposal, janitorial service and customary cleaning (other than exterior window washing) on a regular basis, and all necessary interior pest control service, so that the Premises is kept in a reasonably neat, clean and pest-free condition. Without limiting the foregoing, trash, garbage and other waste shall only be kept in sanitary containers, and all containers and equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition, and shall be screened from view of neighboring Building Parcels (as defined in the Project Declaration), the Residential Parcel (as defined in the Project Declaration), the Project Common Areas, and neighboring streets. Landlord shall provide (or cause to be provided) such janitorial (including exterior window-washing), pest-control and landscaping services for the exterior of the Building and the Common Areas, and such lighting for the Parking Facility (defined in Section 24), as Landlord reasonably determines is appropriate. In addition, Landlord shall continue to provide (or cause to be provided) such roving security patrol for the Parcel II Common Areas (including the Parking Facility) as has been provided by Landlord (and/or the EOP Owner) during the Term which now or hereafter separately serve portion of calendar year 2011 preceding the Premisesdate of mutual execution and delivery of this Lease, or are not expressly to be provided by Landlord elsewhere hereunder. If as such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at the Premises, Tenant will reimburse Landlord for the cost of such consumption as measured thereby and as billed by Landlord. If such Utility Services are not separately metered, Tenant shall pay the cost of the same as part of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its usage of the system generating the Utility Services as billed by Landlord in common with other tenants having shared use of such system. It is understood and agreed that except as security patrol may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the Premises are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and modified from time to time during in Landlord’s (and/or the Term EOP Owner’s) reasonable discretion in response to contract for changing security conditions. Any interruption or purchase one or more cessation of Utility Services resulting from any company cause, including any entry for repairs or third-party providing Utility Services any renovation, redecoration or rehabilitation of any area of the Project (each, a “Utility Service ProviderInterruption”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow not render Landlord and liable to Tenant, constitute a constructive eviction or excuse Tenant from any obligation hereunder. Notwithstanding the Utility Service Providers reasonable access to any utility linesforegoing, equipment, feeders, risers, fixtures, wiring and any other such machinery if all or personal property within a material portion of the Premises is made untenantable or inaccessible for more than two (2) consecutive business days after notice from Tenant to Landlord by a Service Interruption that results from a breach of Landlord’s obligations hereunder, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ for the period beginning on the day immediately following such two (2)-business-day period and associated with ending on the delivery day such Service Interruption ends, but only in proportion to the percentage of Utility Servicesthe rentable square footage of the Premises made untenantable or inaccessible.

Utility Services. Commencing on the Term Commencement Date, UTILITY CHARGES Section 12.01 Tenant shall provide pay, to the purveyors of such services, all charges, surcharges, taxes and pay all other fees, including installation and hookup charges and deposits (however denominated) for gas, water, sewer, electricity, telephone and other energy, utilities and utility services used or consumed on in the Premises (“Utility Services”) during the Term which now or hereafter lease term and separately serve the Premises, or metered to Tenant. If any such charges are not expressly to be provided paid when due, Landlord may pay the same, and any amount so paid by Landlord elsewhere hereundershall thereupon become due to Landlord from Tenant as additional rent. If any such Utility Services are submetered or checkmetered service is supplied to Tenant by means of a common line serving Tenant and other tenants and without a separate meter to measure Tenant’s actual consumption at the Premises, Tenant will reimburse Landlord for the cost of such consumption as measured thereby and as billed by Landlord. If such Utility Services are not separately metered's consumption, Tenant shall pay Landlord, as additional rent on a periodic basis, a reasonable portion, as determined by Landlord, of the total cost of the same as part of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its usage of the system generating the Utility Services as billed service provided by Landlord in such common with other tenants having shared use of such system. It is understood and agreed that except as may be expressly provided hereunder, line. 12.02 See Addendum If Landlord shall be under no obligation whatsoever elect to furnish any such utility services to the Premises, Tenant shall purchase its requirements thereof from Landlord so long as the rates charged therefor by Landlord do not exceed those which Tenant would be required to pay on an individual basis if such services were furnished to it directly by a public utility. Any such payments shall be based on usage by Tenant and shall be made monthly or on such other periodic basis as is determined by Landlord. Landlord may discontinue, without notice, any utility service being furnished by Landlord if Tenant fails to pay, when due, the bills for such service or any rent payable by Tenant hereunder. 12.03 See Addendum Landlord shall not be liable in damages or otherwise for (nor suffer any reduction in any rent on account of) any failure or interruption or failure in the supply of the same. If the Premises are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time utility service being furnished to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with no such failure or interruption shall entitle Tenant to terminate this lease, or to an abatement of the delivery of Utility Servicesrent due hereunder.

Utility Services. Commencing on the Term Commencement DateSection 3.01. Lessee agrees to pay, Tenant shall provide and pay or cause to be paid, as additional rent, all charges and deposits for gasLessee’s utilities, waterincluding, sewerwithout limiting the generality of the foregoing, electricityheat, air conditioning, and other energyelectricity; and Lessee will comply with all contracts relating to any such services. Lessee’s charges for such utility usage shall be based upon Lessee’s actual usage, utilities as the space is separately metered, it being agreed that electricity to power the heat pumps producing heating and services used or consumed on air conditioning to the Premises (“Utility Services”) during the Term which now or hereafter separately serve the Demised Premises, or are not expressly and electricity to the Demised Premises will be provided paid for by Landlord elsewhere hereunderthe Lessee and, as applicable, thermostatically controlled by Lessee. If However, if such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at the Premises, Tenant will reimburse Landlord for the cost of such consumption as measured thereby and as billed by Landlord. If such Utility Services are usage is not separately metered, Tenant such usage and billing shall pay the cost be based upon a percentage of the same as part of total ▇▇▇▇ for such unmetered utilities based upon a fraction equal to Lessee’s square footage over the Operating Costs payable hereunder ortotal square footage served by such non-separately metered utilities on a “net rentable” basis. Such additional rent for non-separately metered utilities may be estimated monthly by Lessor, based upon Tenant’s pro rata share of its prior usage of at the system generating building or as projected by the Utility Services as billed by Landlord in common with other tenants having shared use of such system. It is understood and agreed that except as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premisesappropriate utility company, and shall be paid monthly by Lessee as billed with a final accounting based upon actual bills every six (6) months. In the event Lessee is billed directly by the utility company for separately metered utilities, then Lessee shall pay such bills directly to the utility company and such payments shall not be considered additional rent, unless and until such time as Lessee is billed by Lessor for its electricity at which time all charges for utilities will be considered as additional rent. Section 3.02. Lessor agrees to furnish reasonable heat and air conditioning (HVAC) to the Demised Premises, common hallways and lavatories during normal business hours on regular business days during the heating or air conditioning season, as applicable, to light common passageways twenty-four (24) hours a day, to provide hot water to lavatories, and to furnish reasonable cleaning services, including vacuuming and emptying ashtrays and wastebaskets throughout the Building (including the Demised Premises) and clean common areas, common area glass, common lavatories and glass main entry doorways to the Demised Premises Mondays through Fridays, in substantially the same fashion as furnished in similar buildings in the City of Cambridge all subject to interruption due to accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for such building, governmental restraints, or to any cause beyond the Lessor’s control. In no event shall Lessor be liable for (nor suffer any reduction in any rent on account of) any interruption or failure delay in the supply any of the sameabove services for any of such causes. If For the purposes of this clause, reasonable heat to common areas shall be defined as a minimum of 66 degrees Fahrenheit between the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday and 7:00 a.m. to 1:00 p.m. on Saturday during the months from November through April. Reasonable cooling of common areas shall be provided between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday and 7:00 a.m. to 1:00 p.m. Saturday during the cooling season. Except as noted below, the building will be open for access to the Demised Premises are not separately metereddaily, Landlord reserves Monday through Friday, between the righthours of 7:00 a.m. and 6:00 p.m. and Saturday between the hours of 7:00 a.m. and 1:00 p.m. The Building will be closed from 6:00 p.m. to 7:00 a.m. Monday through Saturday, inclusive, Saturday from 1:00 p.m. to midnight, all day Sunday and on legal, state and federal holidays, at any which time during the Termbuilding will be locked and secured with access cards or codes provided to Lessor, to install a monitor or check meter to measure Tenant’s consumption of any Utility ServicesLessee and other tenants. Notwithstanding the foregoing, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord Lessee shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility linesthe Building and Demised Premises every day, equipment24 hours per day, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Servicessubject to emergency conditions.

Utility Services. Commencing (a) Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m. and Saturdays from 8:00 a.m. to 1:00 p.m., furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation and an electrical load not exceeding 3.0 ▇▇▇▇▇ per square foot of Premises Rentable Area. If Tenant shall require air conditioning, heating or ventilation outside the hours and days above specified, Landlord may furnish such service and Tenant shall pay therefor such charges as may from time to time be in effect for the Building upon demand as Additional Rent. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system's ability to perform adequately its proper functions, supplementary systems may, if and as needed, at Landlord's option, be provided by Landlord, and the cost of such supplementary systems shall be payable by Tenant to Landlord upon demand as Additional Rent. (b) Tenant shall be responsible for the payment of all utilities used and consumed in the Premises. Tenant shall pay for all separately metered utilities used and consumed in the Premises directly to the provider thereof. Landlord shall charge Tenant, Tenant's Proportionate Share of the electricity and natural gas used in connection with the HVAC system for the Building. Electricity for lights and plugs in the Premises shall be charged back to Tenant by Landlord based on the Tenant's use and consumption thereof. From time to time, but not more than once per calendar month, Landlord shall invoice Tenant for electricity used and consumed in the Premises as measured by the applicable method described above. Tenant shall pay Landlord such amounts as Additional Rent hereunder within thirty (30) days after receipt of each such invoice. The obligation to pay for electricity used and consumed in the Premises during the last month of the Term Commencement Datehereof shall survive expiration of the Term. Landlord shall purchase and install, at Tenant's expense, all lamps, tubes, bulbs, starters and ballasts. In order to assure that the foregoing requirements are not exceeded and to avert possible adverse effect on the Building's electric system, Tenant shall provide not, without Landlord's prior consent, connect any fixtures, appliances or equipment to the Building' s electric distribution system other than personal computers, facsimile transceivers, typewriters, pencil sharpeners, adding machines, photocopiers, word and pay all charges and deposits for gasdata processors, waterclocks, sewerradios, electricityhand-held or desk top calculators, dictaphones, desktop computers and other energy, utilities similar small electrical equipment normally found in business offices and services used or consumed on the Premises not drawing more than 15 amps at 120/208 volts. (“Utility Services”c) From time to time during the Term which now or hereafter separately serve of this Lease, Landlord shall have the Premises, or are not expressly right to be provided have an electrical consultant selected by Landlord elsewhere make a survey of Tenant' s electric usage, the result of which survey shall be conclusively binding upon Landlord and Tenant. In the event that such survey shows that Tenant has exceeded the requirements set forth in paragraph (b), in addition to any other rights Landlord may have hereunder. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at the Premises, Tenant will shall, upon demand, reimburse Landlord for the cost of such consumption survey and the cost, as measured thereby and as billed determined by Landlord. If such Utility Services are not separately meteredconsultant, Tenant shall pay the cost of the same as part of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its electricity usage of the system generating the Utility Services as billed by Landlord in common with other tenants having shared use excess of such system. It is understood and agreed that except requirements as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the Premises are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility ServicesAdditional Rent.

Utility Services. Commencing A. Tenant pays for: • Gas (if applicable) • Electric • Water/Sewer/Stormwater • Cable TV • Internet B. Tenant are responsible for all utilities associated with property. Utilities not paid by Tenant when due become additional rent for the next month’s rent. C. Tenants will be charged in the portal on the Term Commencement Date, Tenant shall provide a monthly basis for water usage. Usage charged to tenants will be commensurate with each dwelling’s usage and pay all charges and deposits for gas, water, sewer, electricity, and other energy, utilities and services used or consumed on the Premises (“Utility Services”) during the Term which now or hereafter separately serve the Premises, or are not expressly to be provided by Landlord elsewhere hereunderbilling. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption it is determined at the Premises, Tenant will reimburse Landlord for the cost of such consumption as measured thereby and as billed by Landlord. If such Utility Services are not separately metered, Tenant shall pay the cost end of the same lease term that a tenant has overpaid for actual water usage, tenants will be refunded as part of the Operating Costs payable hereunder orsecurity deposit return process. Underpayments will also be assessed at this time. Water Bills not paid in full by Tenant will accrue late fees in the amount of $15 per month until paid in full. D. (If applicable) Tenant acknowledges responsibility for payment of all bills for gas consumed upon the premises. Tenant shall provide proof of payment every month of all outstanding balances due to the Philadelphia Gas Works (PGW). Failure of tenant to pay all bills, based upon Tenant’s pro rata share or failure to present proof of its usage payment (if requested), shall be cause for eviction. Tenant shall provide to Owner information regarding all occupants of the system generating the Utility Services as billed by Landlord in common with premises and such other tenants having shared use of such system. It is understood and agreed that except information as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the Premises are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during be required by the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”)Philadelphia Gas Works. Tenant agrees reasonably shall provide immediate access to cooperate the rental unit for purposes of utility shut off if the Philadelphia Gas Works advises that the gas is scheduled to be shut off for nonpayment. Such circumstance shall be considered an emergency warranting removal by the Owner of locks and such forcible entry as may be required to provide the PGW technician with Landlord access to gas meter. Tenant shall be responsible for all costs of repair to the property if forcible entry is required to provide access by Owner or a Philadelphia Gas Works employee. Tenant is advised that such damages can be avoided by providing access to the Owner and or PGW upon demand. Failure by tenant to pay the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, gas ▇▇▇▇ when due shall allow Landlord and Owner to deduct the Utility Service Providers reasonable access amount of any unpaid utility ▇▇▇▇ from tenant's security deposit. Failure of tenant to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within repay the Premises and associated with amount of the delivery security deducted upon demand shall be further grounds for eviction as a breach of Utility Servicesthis lease agreement.

Utility Services. Commencing A. Tenant pays for: • Gas (if applicable) • Electric • Water/Sewer/Stormwater • Cable TV • Internet B. Tenant are responsible for all utilities associated with property. Utilities not paid by ▇▇▇▇▇▇ when due become additional rent for the next month’s rent. C. Tenants will be charged in the portal on the Term Commencement Date, Tenant shall provide a monthly basis for water usage. Usage charged to tenants will be commensurate with each dwelling’s usage and pay all charges and deposits for gas, water, sewer, electricity, and other energy, utilities and services used or consumed on the Premises (“Utility Services”) during the Term which now or hereafter separately serve the Premises, or are not expressly to be provided by Landlord elsewhere hereunderbilling. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption it is determined at the Premises, Tenant will reimburse Landlord for the cost of such consumption as measured thereby and as billed by Landlord. If such Utility Services are not separately metered, Tenant shall pay the cost end of the same lease term that a tenant has overpaid for actual water usage, tenants will be refunded as part of the Operating Costs payable hereunder orsecurity deposit return process. Underpayments will also be assessed at this time. Water Bills not paid in full by Tenant will accrue late fees in the amount of $15 per month until paid in full. D. (If applicable) Tenant acknowledges responsibility for payment of all bills for gas consumed upon the premises. Tenant shall provide proof of payment every month of all outstanding balances due to the Philadelphia Gas Works (PGW). Failure of tenant to pay all bills, based upon Tenant’s pro rata share or failure to present proof of its usage payment (if requested), shall be cause for eviction. Tenant shall provide to Owner information regarding all occupants of the system generating the Utility Services as billed by Landlord in common with premises and such other tenants having shared use of such system. It is understood and agreed that except information as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the Premises are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during be required by the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”)Philadelphia Gas Works. Tenant agrees reasonably shall provide immediate access to cooperate the rental unit for purposes of utility shut off if the Philadelphia Gas Works advises that the gas is scheduled to be shut off for nonpayment. Such circumstance shall be considered an emergency warranting removal by the Owner of locks and such forcible entry as may be required to provide the PGW technician with Landlord access to gas meter. Tenant shall be responsible for all costs of repair to the property if forcible entry is required to provide access by Owner or a Philadelphia Gas Works employee. Tenant is advised that such damages can be avoided by providing access to the Owner and or PGW upon demand. Failure by tenant to pay the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, gas bill when due shall allow Landlord and Owner to deduct the Utility Service Providers reasonable access amount of any unpaid utility bill from tenant's security deposit. Failure of tenant to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within repay the Premises and associated with amount of the delivery security deducted upon demand shall be further grounds for eviction as a breach of Utility Servicesthis lease agreement.

Utility Services. Commencing on the Term Commencement Date, Tenant shall provide and pay directly to the providers thereof, before delinquency, all charges and deposits for gas, water, sewergas, electricity, telephone, sewer service, waste pick-up and any other energyutilities, utilities and materials or services furnished directly to or used by Tenant in or consumed on about the Premises (collectively, “Utility Services”), including (a) during meter, use and/or connection fees, hook-up fees, or standby fees, and (b) penalties for discontinued or interrupted service. Notwithstanding the Term which now foregoing, if any Utility Service is not separately provided or hereafter separately serve metered to the Premises, or are not expressly to be provided by Landlord elsewhere hereunder. If then the cost of such Utility Services are submetered or checkmetered Service shall be included in Expenses; provided, however, that if Landlord reasonably determines that Tenant is using more than its pro rata share of such Utility Service (as determined based on the rentable square footage of the Premises relative to the total rentable square footage served by such Utility Service), then Landlord, at its option, may (i) require Tenant to pay to Landlord, as Additional Rent, an amount equal to Landlord’s reasonable estimate of the cost of such excess use, and/or (ii) install, at Tenant’s expense, a separate meter to measure Tenant’s actual consumption at the Premises, Tenant will reimburse Landlord for the cost use of such consumption as measured thereby and as billed by LandlordUtility Service. If such Utility Services are Tenant’s electrical usage shall not separately meteredexceed the capacity of the feeders to the Premises or the risers or wiring installation. Without limiting the foregoing, Tenant shall pay the cost of the same as part of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its usage of the system generating the all Utility Services consumed in connection with the operation of any supplemental or specialty Building Systems (as billed by Landlord defined in common with other tenants having shared use of such system. It is understood and agreed that except as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to Section 7.1.1 below) exclusively serving the Premises, including any data center, and Landlord shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in have the supply of the same. If the Premises are not separately metered, Landlord reserves the rightright to install, at any time during the TermTenant’s expense, to install a monitor or check separate meter to measure Tenant’s consumption use of any such Utility ServicesService. Without limiting its obligations. Tenant, at its expense, shall provide all trash disposal, janitorial service and customary cleaning (other than exterior window washing) on a regular basis, and all necessary interior pest control service, so that the Premises is kept neat, broom-clean and pest-free in which event a first-class manner. Landlord shall calculate provide such janitorial (including exterior window-washing), pest-control and landscaping services for the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To exterior of the extent permitted by law, Landlord shall have the right at Building and any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessaryCommon Areas, and on reasonable advance noticesuch lighting for the Parking Areas (defined in Section 24), shall allow as Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Servicesreasonably determines is appropriate.

Utility Services. Commencing on the Term Commencement Date, Tenant shall provide and pay all charges and deposits for gas, water, sewer, electricitygas, and electricity ("UTILITY SERVICE") and any other energy, utilities and or like services used or consumed on the Premises (“Utility Services”) during the Term which now or hereafter separately serve the Premises, whether called use charge, tax, assessment, fee or are not expressly to be provided by Landlord elsewhere hereunder. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at the Premises, Tenant will reimburse Landlord for the cost of such consumption otherwise as measured thereby and as billed by Landlord. If such Utility Services are not separately metered, Tenant shall pay the cost of the same as part of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its usage of the system generating the Utility Services as billed by Landlord in common with other tenants having shared use of such systembecome due. It is understood and agreed that except Landlord shall be responsible for bringing Utility Service to common switching point(s) at the Building (collectively, "UTILITY SWITCHING POINTS"). Landlord shall install, at its sole cost or expense, either separate meters serving the Premises or sub- or "check" meters for measuring Tenant's consumption of any Utility Services. Tenant shall pay all costs and expenses associated with any separately metered utilities (such as telephone) provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on a sub-metering or check metering installation directly to Landlord. With respect to any utilities that are sub-metered or check metered, Tenant's consumption shall be reasonably estimated by Landlord. Additional Rent for such utilities may be expressly provided hereunder, estimated monthly by Landlord and shall be paid monthly by Tenant as billed with a final accounting based upon actual bills following the conclusion of each fiscal year of the Building. Tenant shall pay for any and all costs to install and connect Utility Services from the Utility Switching Points to the Premises. Landlord shall be under no obligation whatsoever as to furnish any Utility Services beyond the foregoing responsibility to bring such services Utility Services to the Premises, Utility Switching Points and Landlord shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the Premises are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor utilities or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from - 17 - any company or third-third party providing Utility Services (“Utility Service Provider”provided that any such services supplied by an affiliate of Landlord shall be at competitive rates with other providers) ("UTILITY SERVICE PROVIDER"). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services.

Utility Services. Commencing on the Term Commencement Date(a) Tenant shall make all arrangements for, Tenant and shall provide and pay when due all charges and deposits for gasrequired by the provider for, water, sewer, gas, boiler water, electricity, telephone and any other energy, utilities and or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become due. As part of the Base Building Work, Landlord will (i) during install Oncom BTU metered taps for reheat hot water from the Term which now or hereafter separately serve main Building loop to the Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Building equipment and the Building BMS system); (ii) install a tenant meter on the utility gas manifold to measure the amount of gas consumed to service the Premises; and (iii) install a tenant meter to measure the amount of domestic water delivered to the Premises. Tenant shall install, or are not expressly to be provided as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by Landlord elsewhere hereunderthe Utility Service Provider. If such the Utility Services are submetered or checkmetered Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s actual consumption at direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant will shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such hot water, gas, domestic water (and, if applicable, electrical consumption, each as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. (b) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities (such as telephone) provided exclusively to the cost Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such consumption as measured thereby and as billed charges, within thirty (30) days of invoice therefor by Landlord. If such With respect to any Utility Services that are not either separately meteredmetered or measured by a check meter or submeter, Tenant shall pay the cost of the same as part of the Operating Costs payable hereunder orhereunder. Tenant may, based upon Tenant’s pro rata share of no more than once per calendar year, conduct an engineering survey at its usage of sole cost and expense to determine whether the system generating submeters and/or check meters are accurately measuring the Utility Services particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as billed by Landlord in common with other tenants having shared use a result of such system. It is understood survey and agreed that except as may be expressly provided hereundersuch inaccuracies result in an error in the amount billed to Tenant, Landlord shall be under no obligation whatsoever promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to furnish any inspecting such services meters, which shall permit Tenant to disclose the results of such survey to the Premisesextent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred twenty (120) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such 120-day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the Premises are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor utilities or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. . (c) To the maximum extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any reputable company or third-third party providing Utility Services (“Utility Service Provider”)) to the Building, provided that the rates charged by such Utility Service Provider are competitive with the current market rates. In exercising its rights hereunder, Landlord shall make commercially reasonable efforts to avoid any interruption to Tenant’s business operations in connection with the change from one Utility Service Provider to another. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and the such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance noticenotice of not less than forty-eight (48) hours (except in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixturesducts, shafts, fixtures and wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services. (d) Except for the Initial Tenant Work (as defined in Exhibit C attached hereto) and the equipment and appliances being installed in connection therewith in accordance with Tenant’s Plans as approved by Landlord, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required).

Utility Services. Commencing on the Term Commencement Date(a) Except as expressly set forth herein, Tenant shall provide and pay all charges and deposits for gas, water, sewer, electricitygas, electricity (“Utility Service”) and any other energy, utilities and or like services used or consumed on the Premises (“Utility Services”) during the Term which now or hereafter separately serve the Premises, whether called use charge, tax, assessment, fee or are not expressly to be provided by Landlord elsewhere hereunder. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at the Premises, Tenant will reimburse Landlord for the cost of such consumption otherwise as measured thereby and as billed by Landlord. If such Utility Services are not separately metered, Tenant shall pay the cost of the same as part of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its usage of the system generating the Utility Services as billed by Landlord in common with other tenants having shared use of such systembecome due. It is understood and agreed that except that, in connection with the Base Building Work, (i) Landlord shall be responsible for bringing Utility Services to a common switching point(s) at the Building (collectively, “Utility Switching Points”) and for installing direct meters or other measuring devices for such services to the Building (as may be expressly provided hereunder, opposed to individual tenant spaces) at Landlord’s cost; (ii) Tenant shall pay for any and all costs to install and connect such Utility Services from such Utility Switching Points to the Premises; (iii) Landlord shall be under no obligation whatsoever as to furnish any Utility Services beyond the foregoing responsibility to bring such services Utility Services to the Premises, Utility Switching Points; and (iv) Landlord shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of any utilities or Utility Services. Any utilities that are separately metered for Tenant, such as telephone service, shall be paid by Tenant directly to the same. If utility authorities charged with the collection thereof. (b) Tenant shall install temporary meters for measuring Tenant’s usage of gas, electricity and water in the Premises are no later than February 1, 2003. Prior to February 1, 2003, Tenant shall use the now-existing gas service to the Premises at no charge and shall pay to Landlord the cost of electricity and water service dependant upon Tenant’s usage in accordance with Landlord’s periodic reading of the temporary meters installed in the Premises on the Date of Lease. Following February 1, 2003, until such time as the check meters described in Section 6.01(c) have been installed by Tenant, Tenant shall pay to Landlord the cost of electricity, gas and water service to the Premises dependant upon Tenant’s usage in accordance with Landlord’s periodic reading of the temporary meters installed by Tenant or, to the extent such meters have not separately meteredbeen installed, Landlord reserves the rightbased on Landlord’s reasonable estimate of Tenant’s usage of such services. (c) Tenant, at any time during Tenant’s sole expense, shall install check meters for the TermUtility Services to the Premises, Tenant’s Utility Services shall be check metered in full no later than September 1, 2003. Tenant shall pay the costs of Utility Services directly to install a monitor or Landlord as Total Operating Costs pursuant to Section 4.02 dependent upon Tenant’s usage in accordance with Landlord’s periodic check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. readings. (d) To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, ,wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services subject to the provisions of Section 9.06. (e) Notwithstanding anything to the contrary in Sections 2.01(c), 6.01(a), or 17.14, Landlord shall not voluntarily shut down the electric, natural gas, water and sewer services serving the Clean Room (the “Essential Clean Room Services”) during a period in which the Clean Room is in use for production or validation (“validation” meaning, for the purposes of this Lease, establishing whether a specific process will consistently produce a product meeting its pre-determined specifications and quality attributes) purposes without first giving Tenant at least thirty (30) days’ notice of the anticipated date of such shutdown and fourteen (14) days’ actual notice of such shutdown (in either case, a “Landlord Shutdown Notice”). Notwithstanding the provisions of Section 17.05 of this Lease to the contrary, Landlord’s notices pursuant to the foregoing sentence may by given by e-mail or facsimile provided that, in either event, automated confirmation of delivery is received by Landlord. Tenant’s e-mail address is ▇▇▇▇▇▇@▇▇▇▇.▇▇▇ and its facsimile number is ▇▇▇-▇▇▇-▇▇▇▇ for the purpose of such notices, which e-mail address and facsimile number are subject to change upon written notice to Landlord. Landlord shall use good faith efforts to verbally confirm that Tenant has received any notice sent by e-mail or facsimile pursuant to the immediately preceding sentence by calling ▇▇▇ ▇▇▇▇▇ at ▇▇▇-▇▇▇-▇▇▇▇ (which person and phone number are subject to change upon written notice to Landlord), provided, however, that Landlord’s failure to confirm such notice verbally shall not be deemed to invalidate the applicable e-mail or facsimile notice. Within five (5) business days following Tenant’s receipt of any Landlord Shutdown Notice, Tenant shall notify Landlord if, in fact, production or validation will be taking place in the Clean Room during the period specified in the Landlord Shutdown Notice. Tenant’s failure to respond to the Landlord Shutdown Notice shall be deemed to be notice to Landlord that production or validation will be taking place during such period. Tenant and Landlord shall cooperate to provide for temporary alternative utility services to the Clean Room, if possible, during any such shutdown so as to minimize any interference with the conduct of Tenant’s business. Tenant’s sole and exclusive remedy in the event of a breach of Landlord’s obligations under this paragraph shall be an abatement of Base Rent equal to the duration of the utility service shut down resulting in such breach provided that such breach actually results in an interruption of Essential Clean Room Services during a period in which production or validation is occurring in the Clean Room, Tenant has given Landlord prompt written notice of such breach, such breach results from the willful disregard by Landlord of the provisions of this Section 6.01(e). In case of emergency, Landlord may, notwithstanding any provision of this Section 6.01(e) to the contrary, shut down the Essential Clean Room Services without prior notice provided that Landlord makes reasonable efforts to notify Tenant (which notice may be telephonic) of such shut down promptly thereafter.

Utility Services. Commencing on the Term Commencement DateExcept as otherwise provided in this Section 6.1, Tenant shall provide contract, in its own name, for and pay when due all charges and deposits for gas, water, sewer, electricity, and other energy, utilities and services used or consumed on the Premises (“Utility Services”) during the Term which now or hereafter separately serve the Premises, or are not expressly to be provided by Landlord elsewhere hereunder. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at the Premises, Tenant will reimburse Landlord for the cost of all Utilities billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such consumption cost. Notwithstanding the foregoing, Landlord shall contract in its own name for all electrical service to the Premises (as measured thereby necessary for the Phase(s) that have been delivered) necessary to [***] Portions of this exhibit have been redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission comply with the Phasing Plan, and as billed shall manage the billing of the cost of electricity incurred by Landlordor on behalf of Tenant in connection with its use and operation of the Premises (such costs, without any ▇▇▇▇-up or premium whatsoever, the “Electrical Costs”), subject to reimbursement by Tenant for such Electrical Costs in accordance with the terms of this Section 6.1. If such Utility Services are not separately metered, Landlord will ▇▇▇▇ Tenant for the Electrical Costs and Tenant shall pay Landlord for the cost same, as Additional Rent, within thirty (30) days after Landlord’s delivery of a written invoice for the same as part Electrical Costs. Until Landlord delivers to Tenant the final Phase of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its usage of the system generating the Utility Services as billed by Landlord in common with other tenants having shared use of such system. It is understood and agreed that except as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not the calculation of Electrical Costs payable by Tenant will be liable for (nor suffer any reduction in any rent on account of) any interruption or failure based upon the electrical service consumed by Tenant in the supply of the sameCurrent Demised Premises. If the Premises are not separately meteredpermitted by applicable Laws, Landlord reserves the rightmay, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to Term, either contract for or purchase one or more Utility Services service from any company or third-party different electrical utility companies (“Alternate Service Providers”) than those providing Utility Services electrical service on the date hereof (“Utility Service ProviderProviders”). Tenant agrees reasonably ) or continue to cooperate with Landlord and contract for electrical service from the Utility Service Providers; provided, however, that Landlord shall not contract with an Alternate Service Provider without Tenant’s consent, which consent Tenant shall not unreasonably withhold. Any and all costs associated with a change to any Alternate Service Provider shall be paid by Landlord without reimbursement from Tenant. Tenant shall cooperate with Landlord, the Utility Service Providers, and any Alternate Service Providers and at all times and, as reasonably necessary, and on reasonable advance notice, shall allow Landlord Landlord, Utility Service Providers, and the Utility any Alternate Service Providers reasonable access to any all utility lines, equipment, feeders, risers, fixtureswiring, wiring and any other such machinery or personal property and/or equipment within the Premises as necessary to provide electrical service to the Premises. Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance of the Utilities, except to the extent caused by or arising out of: (a) the negligence or willful misconduct of Landlord or any of Landlord’s Agents; (b) Landlord’s failure to contract for electrical service for the Premises as necessary to comply with the Phasing Plan; or (c) Landlord’s failure to reasonably manage the billing and other administrative obligations associated with the delivery Electrical Costs. No temporary interruption or failure of Utility ServicesUtilities incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or, subject to the terms of Section 18.17, relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property on or in the Premises occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, except to the extent caused by or arising out of the negligence or willful misconduct of Landlord or any of Landlord’s Agents. As used in this Lease, the term “Utilities” means water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone and all materials and services or other utilities.

Utility Services. Commencing on The Premises shall be separately metered for electricity as part of the Term Commencement DateTenant Improvements. Thereafter, Tenant shall be solely responsible for contracting with the appropriate utility companies to obtain electrical service and shall promptly pay all charges (including hook-up and impact fees) for electricity used, consumed or provided in, furnished to or attributable to the Premises at the rates charged by the supplying utility companies and, connection with Landlord’s energy usage disclosure requirements under California law, (A) Tenant hereby authorizes Landlord to obtain information regarding Tenant's utility and energy usage at the Premises directly from the applicable utility providers and Tenant shall execute, within ten (10) days of Landlord's request, any commercially reasonable additional documentation required by any applicable utility provider evidencing such authorization, (B) within ten (10) days of Landlord's request, Tenant shall provide to Landlord all commercially reasonable requested information regarding Tenant's utility and pay all charges and deposits for gas, water, sewer, electricity, and other energy, utilities and services used or consumed on the Premises (“Utility Services”) during the Term which now or hereafter separately serve the Premises, or are not expressly to be provided by Landlord elsewhere hereunder. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption energy usage at the Premises, and (C) within ten (10) days after the written request of Landlord following the close of each calendar quarter during the Lease Term, Tenant will reimburse shall deliver to Landlord copies of its electricity bills for the cost immediately preceding three (3) month period. Should Landlord elect to supply any or all of such consumption utilities (and the parties acknowledge that Landlord will supply water and gas service to the Premises), Tenant agrees to purchase and pay for the same as measured thereby and Additional Rent as billed apportioned by Landlord. If The rate to be charged by Landlord to Tenant shall not exceed the rate charged to Landlord by any supplying utility. Landlord will notify Tenant of this charge promptly after it becomes known. This charge will increase or decrease with current charges being levied against Landlord, the Premises or the Real Property by the local utility company, and will be due as Additional Rent. Tenant shall reimburse Landlord within ten (10) business days of billing for fixture charges and/or water tariffs, if applicable, which are charged to Landlord by local utility companies or, at Landlord’s option, such Utility Services are not separately meteredcharges shall be included in Operating Expenses. Additionally, Tenant shall pay the cost of the same as part of the Operating Costs payable hereunder orshall, based upon at Tenant’s pro rata share of its usage of sole cost and expense, beginning after the system generating date it opens for business from the Utility Services as billed by Landlord in common with other tenants having shared use of such system. It is understood and agreed that except as may be expressly provided hereunderPremises, Landlord shall be under no obligation whatsoever to furnish any such provide janitorial services to the Premises, and shall Premises at least five (5) days per week (but not be liable for (nor suffer on any reduction in any rent on account of) any interruption weekends or failure in the supply of the same. If the Premises are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor state or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by lawfederal holidays); however, Landlord shall have the right at any time and from time (i) to time during the Term to contract for approve Tenant’s janitorial contractor (which approval shall not be unreasonably withheld, conditioned or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”delayed). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access (ii) if Tenant fails to any utility lines, equipment, feeders, risers, fixtures, wiring and any other provide such machinery or personal property within janitorial services to the Premises within ten (10) business days after written demand by Landlord, to provide such janitorial services for Tenant’s benefit and associated Tenant shall reimburse Landlord for its costs incurred to provide such janitorial services within ten (10) business days after receipt of Landlord’s invoice therefor, along with a copy of the delivery of Utility Servicesinvoice from the janitorial service provider.

Utility Services. Commencing on the Term Commencement Date, Tenant shall provide and pay all charges and deposits for gas, water, sewer, electricity, and other energy, utilities and services used or consumed on the Premises (“Utility Services”) during the Term which now or hereafter separately serve the PremisesPremises (including Tenant’s Supplemental HVAC [as defined below]), or are not expressly to be provided by Landlord elsewhere hereunder. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at the Premises, Tenant will reimburse Landlord for the cost of such consumption as measured thereby and as billed by Landlord. If any such Utility Services are not separately meteredmetered or billed (as provided below), Tenant shall pay the cost of the same as part of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share Pro Rata Share or Tenant’s Level 400 Reduced Pro Rata Share, as the case may be, of its usage of the system generating the Utility Services as billed by Landlord in common with other tenants having shared use of such systemOperating Expenses payable hereunder. It is understood and agreed that except as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the samesame except as expressly provided in Section 6.02(c) below. If Prior to the Premises are not separately meteredTerm Commencement Date, Landlord reserves the rightshall install one (1) or more separate submeter(s), at any time during the Termcheckmeter(s) or flow meter(s), to install a monitor or check meter to measure Tenant’s actual consumption of any Utility Services, in which event Landlord shall calculate electricity and gas at or for the applicable Utility Services based on Premises (and Tenant’s actual usage thereofSupplemental HVAC), rather than and for the base Building hot water loop system, chiller and radiant curtain heating flows serving the Level 400 Space, and Tenant will reimburse Landlord for the cost of such services as otherwise provided hereinmeasured thereby, or at Landlord’s option, Landlord will require Tenant to contract with the company supplying electricity and/or gas service for the purchase and obtaining by Tenant of electricity and/or gas service directly from such company or companies to be billed directly to, and paid for by, Tenant. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services to the Premises. If the Premises are not separately metered as to any Utility Services, Landlord reserves the right, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any such Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein.

Utility Services. Commencing Tenant shall be liable for paying for any and all utility or service charges in the manner described herein. Monthly charges with respect to electric utility services will be divided among all Tenants in the apartment, based on the number of occupants and number of days of occupancy in the billing period, and presented to Tenant by Landlord’s third party billing provider (the “Utility Servicer”). Monthly charges with respect to water utility services will also be divided among all Tenants in the apartment, based on the number of occupants and number of days of occupancy in the billing period, and presented to Tenant by the Utility Servicer. Tenant’s pro-rata share of such charges shall be billed monthly as Tenant’s electric ▇▇▇▇. Tenant’s electric ▇▇▇▇ is not a part of Tenant’s Rent and will be paid separately from Rent. Tenant shall have 25 days to pay any amounts, after which Landlord may assess a late fee of 1% of the amount in arrears. Such obligations will exist for the entire Term Commencement Dateof this Lease whether or not Tenant occupies the Dwelling. The electric services and the water/sewer will each be direct metered. Landlord shall also charge a $5.00 fee per month to Tenant for the valet trash collection service provided to the Dwelling, which will be billed and collected by the Utility Servicer. Each tenant of the Dwelling, including Tenant, is required to enter into an agreement Utility Servicer (which may change from time to time) for dividing and billing the utilities among the tenants of the Dwelling and which includes a monthly administration processing fee not in excess of $5.00 per invoice per Tenant. Tenant acknowledges that if any tenant in the Dwelling fails to sign up with the Utility Servicer, then the tenants of the Dwelling must change all utilities into their name and be responsible for paying all utility or service charges directly to the utility provider. Should Tenant or Tenant's roommate not fulfill this obligation to either sign an agreement with Utility Servicer or transfer services before the lease Term commencement or cause it to be transferred back into Landlord's name before surrendering the Dwelling, Tenant will be liable for a $50 charge plus the actual or estimated cost of the utilities used while the utility should have been connected in Tenant's name or that of a roommate. Landlord will provide cable, internet, lawn care and landscaping. Landlord and Agent make no representations and hereby disclaim any and all warranties expressed or implied with respect to the services, including, without limitation, those warranties concerning merchantability and fitness for a particular purpose or use, whether made allegedly by Landlord or Agent, whether in writing or otherwise, except as otherwise explicitly included in this Lease Agreement, or in in written documentation otherwise signed by the parties hereunder. Further, to the extent permitted by Prevailing Law, neither Landlord nor Agent shall provide and pay all charges and deposits be liable for gasloss or damages resulting from the interruption of heat, electricity, water, sewer, electricitytelephone, and cable TV, internet or any other energyutility services, utilities and services used or consumed on for the Premises (“Utility Services”) during malfunction of machinery or appliances serving the Term which now or hereafter separately serve the Leased Premises, Dwellings or are not expressly to be provided by Landlord elsewhere hereunder. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at the Premises, Tenant will reimburse Landlord for the cost of such consumption as measured thereby and as billed by Landlord. If such Utility Services are not separately metered, Tenant shall pay the cost of the same as any part of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its usage of the system generating the Utility Services as billed by Neighborhood. Neither Landlord in common with other tenants having shared use of such system. It is understood and agreed that except as may be expressly provided hereunder, Landlord nor Agent shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not be liable for (nor suffer injury or damage to person or property caused by any reduction in any rent on account of) any interruption or failure defect in the supply of heating, gas, electricity, water, or sewer systems serving the sameNeighborhood. If the Premises are not separately meteredIn no event shall Landlord or Agent be liable for damages or injury to persons or property caused by wind, Landlord reserves the rightrain, at any time during the Termfire, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessaryother natural damages, and on reasonable advance noticeTenant hereby expressly waives all claims for such injury, shall allow Landlord loss, or damage and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility ServicesAGREES TO INDEMNIFY LANDLORD AND AGENT AGAINST ANY AND ALL CLAIMS OF INJURY OR DAMAGE AS MAY BE ASSERTED BY ANY GUEST OR INVITEE OF TENANT.

Utility Services. Commencing Tenant shall be liable for paying for any and all utility or service charges in the manner described herein. Monthly charges with respect to electric utility services will be divided among all Tenants in the apartment, based on the number of occupants and number of days of occupancy in the billing period, and presented to Tenant by Landlord’s third party billing provider (the “Utility Servicer”). Monthly charges with respect to water utility services will also be divided among all Tenants in the apartment, based on the number of occupants and number of days of occupancy in the billing period, and presented to Tenant by the Utility Servicer. Tenant’s pro- rata share of such charges shall be billed monthly as Tenant’s electric ▇▇▇▇. Tenant’s electric ▇▇▇▇ is not a part of Tenant’s Rent and will be paid separately from Rent. Tenant shall have 25 days to pay any amounts, after which Landlord may assess a late fee of 1% of the amount in arrears. Such obligations will exist for the entire Term Commencement Dateof this Lease whether or not Tenant occupies the Dwelling. The electric services and the water/sewer will each be direct metered. Landlord shall also charge a $5.00 fee per month to Tenant for the valet trash collection service provided to the Dwelling, which will be billed and collected by the Utility Servicer. Each tenant of the Dwelling, including Tenant, is required to enter into an agreement Utility Servicer (which may change from time to time) for dividing and billing the utilities among the tenants of the Dwelling and which includes a monthly administration processing fee not in excess of $5.00 per invoice per Tenant. Tenant acknowledges that if any tenant in the Dwelling fails to sign up with the Utility Servicer, then the tenants of the Dwelling must change all utilities into their name and be responsible for paying all utility or service charges directly to the utility provider. Should Tenant or Tenant's roommate not fulfill this obligation to either sign an agreement with Utility Servicer or transfer services before the lease Term commencement or cause it to be transferred back into Landlord's name before surrendering the Dwelling, Tenant will be liable for a $50 charge plus the actual or estimated cost of the utilities used while the utility should have been connected in Tenant's name or that of a roommate. Landlord will provide cable, internet, lawn care and landscaping. Landlord and Agent make no representations and hereby disclaim any and all warranties expressed or implied with respect to the services, including, without limitation, those warranties concerning merchantability and fitness for a particular purpose or use, whether made allegedly by Landlord or Agent, whether in writing or otherwise, except as otherwise explicitly included in this Lease Agreement, or in in written documentation otherwise signed by the parties hereunder. Further, to the extent permitted by Prevailing Law, neither Landlord nor Agent shall provide and pay all charges and deposits be liable for gasloss or damages resulting from the interruption of heat, electricity, water, sewer, electricitytelephone, and cable TV, internet or any other energyutility services, utilities and services used or consumed on for the Premises (“Utility Services”) during malfunction of machinery or appliances serving the Term which now or hereafter separately serve the Leased Premises, Dwellings or are not expressly to be provided by Landlord elsewhere hereunder. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at the Premises, Tenant will reimburse Landlord for the cost of such consumption as measured thereby and as billed by Landlord. If such Utility Services are not separately metered, Tenant shall pay the cost of the same as any part of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its usage of the system generating the Utility Services as billed by Neighborhood. Neither Landlord in common with other tenants having shared use of such system. It is understood and agreed that except as may be expressly provided hereunder, Landlord nor Agent shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not be liable for (nor suffer injury or damage to person or property caused by any reduction in any rent on account of) any interruption or failure defect in the supply of heating, gas, electricity, water, or sewer systems serving the sameNeighborhood. If the Premises are not separately meteredIn no event shall Landlord or Agent be liable for damages or injury to persons or property caused by wind, Landlord reserves the rightrain, at any time during the Termfire, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessaryother natural damages, and on reasonable advance noticeTenant hereby expressly waives all claims for such injury, shall allow Landlord loss, or damage and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility ServicesAGREES TO INDEMNIFY LANDLORD AND AGENT AGAINST ANY AND ALL CLAIMS OF INJURY OR DAMAGE AS MAY BE ASSERTED BY ANY GUEST OR INVITEE OF TENANT.

Utility Services. Commencing (a) Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m. and Saturdays from 8:00 a.m. to 1:00 p.m., furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation and an electrical load not exceeding ▇▇▇▇▇ per square foot of Premises Rentable Area. If Tenant shall require air conditioning, heating or ventilation outside the hours and days above specified, Landlord may furnish such service and Tenant shall pay therefor such charges as may from time to time be in effect for the Building upon demand as Additional Rent. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system’s ability to perform adequately its proper functions, supplementary systems may, if and as needed, at Landlord’s option, be provided by Landlord, and the cost of such supplementary systems shall be payable by Tenant to Landlord upon demand as Additional Rent. (b) Tenant shall be responsible for the payment of all utilities used and consumed in the Premises. Tenant shall pay for all separately metered utilities used and consumed in the Premises directly to the provider thereof. Landlord shall charge Tenant the Cost of Tenant’s Electricity for Lights and Plugs set forth in Section 1.1 above, plus Tenant’s Proportionate Share of the electricity and natural gas used in connection with the HVAC system for the Building. From time to time, but not more than once per calendar month, Landlord shall invoice Tenant for electricity used and consumed in the Premises as measured by the applicable method described above. Tenant shall pay Landlord such amounts as Additional Rent hereunder within thirty (30) days after receipt of each such invoice. The obligation to pay for electricity used and consumed in the Premises during the last month of the Term hereof shall survive expiration of the Term. Landlord shall purchase and install, at Tenant’s expense, all lamps, tubes, bulbs, starters and ballasts. In order to assure that the foregoing requirements are not exceeded and to avert possible adverse effect on the Term Commencement DateBuilding’s electric system, Tenant shall provide not, without Landlord’s prior consent, connect any fixtures, appliances or equipment to the Building’s electric distribution system other than personal computers, facsimile transceivers, typewriters, pencil sharpeners, adding machines, photocopiers, word and pay all charges and deposits for gasdata processors, waterclocks, sewerradios, electricityhand-held or desk top calculators, dictaphones, desktop computers and other energy, utilities similar small electrical equipment normally found in business offices and services used or consumed on the Premises not drawing more than 15 amps at 120/208 volts. (“Utility Services”c) From time to time during the Term which now or hereafter separately serve of this Lease, Landlord shall have the Premises, or are not expressly right to be provided have an electrical consultant selected by Landlord elsewhere hereunder. If such Utility Services are submetered or checkmetered to measure make a survey of Tenant’s actual consumption at electric usage, the Premisesresult of which survey shall be conclusively binding upon Landlord and Tenant. In the event that such survey shows that Tenant has exceeded the requirements set forth in paragraph (b), in addition to any other rights Landlord may have hereunder, Tenant will shall, upon demand, reimburse Landlord for the cost of such consumption survey and the cost, as measured thereby and as billed determined by Landlord. If such Utility Services are not separately meteredconsultant, Tenant shall pay the cost of the same as part of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its electricity usage of the system generating the Utility Services as billed by Landlord in common with other tenants having shared use excess of such system. It is understood and agreed that except requirements as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the Premises are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility ServicesAdditional Rent.

Utility Services. Commencing on the Term Commencement DateExcept as otherwise provided in this Section 6.1, Tenant shall provide contract, in its own name, for and pay when due all charges and deposits for gas, water, sewer, electricity, and other energy, utilities and services used or consumed on the Premises (“Utility Services”) during the Term which now or hereafter separately serve the Premises, or are not expressly to be provided by Landlord elsewhere hereunder. If such Utility Services are submetered or checkmetered to measure Tenant’s actual consumption at the Premises, Tenant will reimburse Landlord for the cost of all Utilities billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such consumption cost. Notwithstanding the foregoing, Landlord shall contract in its own name for all electrical service to the Premises (as measured thereby necessary for the Phase(s) that have been delivered) necessary to comply with the Phasing Plan, and as billed shall manage the billing of the cost of electricity incurred by Landlordor on behalf of Tenant in connection with its use and operation of the Premises (such costs, without any ▇▇▇▇-up or premium whatsoever, the “Electrical Costs”), subject to reimbursement by Tenant for such Electrical Costs in accordance with the terms of this Section 6.1. If such Utility Services are not separately metered, Landlord will ▇▇▇▇ Tenant for the Electrical Costs and Tenant shall pay Landlord for the cost same, as Additional Rent, within thirty (30) days after Landlord’s delivery of a written invoice for the same as part Electrical Costs. Until Landlord delivers to Tenant the final Phase of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its usage of the system generating the Utility Services as billed by Landlord in common with other tenants having shared use of such system. It is understood and agreed that except as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not the calculation of Electrical Costs payable by Tenant will be liable for (nor suffer any reduction in any rent on account of) any interruption or failure based upon the electrical service consumed by Tenant in the supply of the sameCurrent Demised Premises. If the Premises are not separately meteredpermitted by applicable Laws, Landlord reserves the rightmay, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to Term, either contract for or purchase one or more Utility Services service from any company or third-party different electrical utility companies (“Alternate Service Providers”) than those providing Utility Services electrical service on the date hereof (“Utility Service ProviderProviders”). Tenant agrees reasonably ) or continue to cooperate with Landlord and contract for electrical service from the Utility Service Providers; provided, however, that Landlord shall not contract with an Alternate Service Provider without Tenant’s consent, which consent Tenant shall not unreasonably withhold. Any and all costs associated with a change to any Alternate Service Provider shall be paid by Landlord without reimbursement from Tenant. Tenant shall cooperate with Landlord, the Utility Service Providers, and any Alternate Service Providers and at all times and, as reasonably necessary, and on reasonable advance notice, shall allow Landlord Landlord, Utility Service Providers, and the Utility any Alternate Service Providers reasonable access to any all utility lines, equipment, feeders, risers, fixtureswiring, wiring and any other such machinery or personal property and/or equipment within the Premises as necessary to provide electrical service to the Premises. Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance of the Utilities, except to the extent caused by or arising out of: (a) the negligence or willful misconduct of Landlord or any of Landlord’s Agents; (b) Landlord’s failure to contract for electrical service for the Premises as necessary to comply with the Phasing Plan; or (c) Landlord’s failure to reasonably manage the billing and other administrative obligations associated with the delivery Electrical Costs. No temporary interruption or failure of Utility ServicesUtilities incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or, subject to the terms of Section 18.17, relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property on or in the Premises occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, except to the extent caused by or arising out of the negligence or willful misconduct of Landlord or any of Landlord’s Agents. As used in this Lease, the term “Utilities” means water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone and all materials and services or other utilities.

Utility Services. Commencing on Landlord has caused utilities to be made available to the Term Commencement DateBuilding and the Premises including water, sanitary sewer and electricity. Landlord shall cause the necessary mains, conduits and other facilities to be provided to supply water, sanitary sewer facilities and electricity into the Building and the Premises, and Tenant hereby acknowledges that it has inspected such facilities, is satisfied with such facilities, and that Landlord has complied with the provisions of this paragraph. Tenant shall provide and pay directly all charges for electric, telephone and deposits for gas, water, sewer, electricity, and any other energy, utilities and services used or consumed on in the Premises (“Utility Services”) during the Term which now or hereafter are separately serve metered to the Premises. Each building shall be metered for water and sewer utility services, and Tenant shall pay to Landlord on a monthly basis in advance Tenant's portion of the water and sewer charge for the Building as may be estimated by Landlord. This charge shall be paid by Tenant as Additional Rent under this lease. In the event that Tenant shall fail or are refuse to pay any utility charges individually metered to Tenant, then Landlord may, but shall not expressly be obligated to, pay such charges and Tenant shall reimburse Landlord on demand. Landlord shall not be liable to Tenant for interruption in or curtailment of any utility service, nor shall any curtailment or interruption constitute a constructive eviction or grounds for rental abatement in whole or in part. If Tenant consumes water for any purpose in addition to ordinary lavatory purposes (of which fact Landlord is to be provided by the sole judge), then Landlord elsewhere hereunder. If such Utility Services are submetered or checkmetered to in its discretion may install a public utility water meter and thereby measure Tenant’s actual 's water consumption at the Premises, for all purposes. Tenant will reimburse shall pay Landlord for the cost of such consumption as measured thereby meter and as billed by Landlord. If the cost of installation thereof, and throughout the duration of Tenant's occupancy, Tenant shall keep such Utility Services are not separately meteredmeter and installation equipment in good working order and repair at its own expense, Tenant shall pay for water consumed, as shown on such meter, and the cost corresponding sewer utility service charge, as and when bills are rendered by the public utility company servicing the Premises and, on default of Tenant making such payment, Landlord may pay such charges and collect the same from Tenant as part of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its usage of the system generating the Utility Services as billed by Landlord in common with other tenants having shared use of such system. It is understood and agreed that except as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the Premises are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility ServicesAdditional Rent.

Utility Services. Commencing on the Term Commencement Date(a) Tenant shall make all arrangements for, Tenant and shall provide and pay all charges and deposits for gasrequired by the provider for, water, sewer, gas, boiler water, electricity, telephone and any other energy, utilities and or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become due. Tenant shall reimburse Landlord, as Additional Rent, for the cost of installation of any additional metering of the Premises (which was not installed as part of the Base Building Work) for the purpose of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior to or during the Term which now Term) and maintaining any “check” or hereafter separately serve “sub” meters, within thirty (30) days after invoicing by Landlord. In addition, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord. (b) As part of the Base Building Work, Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises. Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises. Tenant shall install, or are not expressly to be provided as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by Landlord elsewhere hereunderthe Utility Service Provider. If such the Utility Services are submetered or checkmetered Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s actual consumption at direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant will shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. All costs, charges and expenses associated with the cost commencement of the provision by a particular Utility Service Provider to Tenant or to the Premises at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant. (c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such consumption as measured thereby and as billed charges, within thirty (30) days of invoice therefor by Landlord. If such With respect to any Utility Services that are not either separately meteredmetered or measured by a check meter or submeter (including, without limitation, HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same as part of the Operating Costs payable hereunder orhereunder. Tenant may, based upon Tenant’s pro rata share of no more than once per calendar year, conduct an engineering survey at its usage of sole cost and expense to determine whether the system generating submeters and/or check meters are accurately measuring the Utility Services particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as billed by Landlord in common with other tenants having shared use a result of such system. It is understood survey and agreed that except as may be expressly provided hereundersuch inaccuracies result in an error in the amount billed to Tenant, Landlord shall be under no obligation whatsoever promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to furnish any inspecting such services meters, which shall permit Tenant to disclose the results of such survey to the Premisesextent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the Premises are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor utilities or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. . (d) To the maximum extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-third party providing Utility Services (“Utility Service Provider”)) to the Building, provided that the rates charged by such Utility Service Provider are competitive with (i) the current market rates, (ii) competitive bids received by Tenant from its existing utility providers, and (iii) rates then-existing with respect to the Premises. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and the such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance noticenotice (except in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services. (e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such request.