Common use of Utility Services Clause in Contracts

Utility Services. Utilities: ----------------------- Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises electricity for normal desk top office equipment and normal copying equipment, 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 also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any 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, electricity, gas or any other form of energy serving the Premises. Building or Project if beyond the reasonable control of Landlord. Landlord shall not be liable under 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. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and 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 Premises. Tenant shall not consume water or electric current in excess of that 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. Utilities: ----------------------- Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises electricity for normal desk top office equipment and normal copying equipment, 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. 15.1 Landlord shall also maintain provide, at the beginning of this Lease, the normal and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any 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, electricity, gas or any other form of energy serving the Premises. Building or Project if beyond the reasonable control of Landlord. Landlord shall not be liable under 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. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and 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 customary utility connections into the Premises. Tenant shall pay the cost of all initial utility connection charges and all utility usage charges for utilities that are separately metered with respect to the Premises, including, but not consume limited to, all charges for telephone, gas, water and electricity used on the Premises. Tenant shall also pay for replacement of all electric light lamps, bulbs or electric current in excess tubes. Landlord shall have the right at any time and from time to time during the Term of that usually furnished or supplied this Lease to install equipment within the Premises for the purpose of measuring Tenant's electrical usage therein. 15.2 No interruption or malfunction of any of such services shall constitute an eviction or disturbance of Tenant's use and possession of the Premises as general office space (as determined or the Building or a breach by Landlord), without first procuring the written consent Landlord of any of Landlord, which 's obligations hereunder or render Landlord may refuse, and in liable for damages or entitle Tenant to be relieved from any of Tenant's obligations hereunder (including the obligation to pay rental) or grant Tenant any right of setoff or recoupment. 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 interruption, however, Landlord shall use reasonable diligence during normal business hours to restore such service or cause same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord and the interruption was not caused in whole or in part by Tenant's fault. Tenant expressly agrees to notify any utility service requesting or requiring such notice of its installation, maintenance and repair Tenant's intention to vacate the Premises. This notice requirement shall be paid for by the Tenant and Tenant agrees in addition 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 expenseother notice requirement specified herein.

Utility Services. Utilities: ----------------------- Provided 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 Tenant is not in default except as may be expressly provided hereunder, Landlord agrees shall be under no obligation whatsoever to furnish to the Premises electricity for normal desk top office equipment and normal copying equipment, 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 also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any 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, electricity, gas or any other form of energy serving the Premises. Building or Project if beyond the reasonable control of Landlord. Landlord and shall not be liable under for (nor suffer any circumstances for a loss reduction in any rent on account of) any interruption or failure in the supply 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 servicesthe same. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC systemare not separately metered, Landlord reserves the right right, at any time during the Term, to install supplementary air conditioning units 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 cost thereof, including the cost delivery 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 Premises. Tenant shall not consume water or electric current in excess of that 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 expenseUtility Services.

Utility Services. Utilities: ----------------------- Provided that (a) Tenant is not in default hereunder, Landlord agrees to furnish to the Premises electricity for normal desk top office equipment and normal copying equipmentshall make all arrangements for, and heating, ventilation shall provide and air conditioning ("HVAC") as pay all charges and deposits 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 also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any 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 Premisesprovider for, Building or Projectwater, or (iii) the limitationsewer, curtailment or rationing ofgas, or restrictions on, use of boiler water, electricity, gas or telephone and any other form utilities 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 energy serving the Base Building Work, Landlord will (i) install Oncom BTU metered taps for reheat hot water from the 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) 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). Building 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 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. (b) Tenant shall timely pay all costs and expenses associated with any directly and 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 sub-metering or Project if beyond the reasonable control check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter, Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall 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 inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent 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 180-day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not be liable under for any circumstances interruption or failure in the supply of any utilities or Utility Services. (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 a loss of or injury purchase one or more Utility Services from any reputable company or third party providing Utility Services (“Utility Service Provider”) to property or businessthe Building, however occurringprovided that the rates charged by such Utility Service Provider are competitive with the current market rates. In exercising its rights hereunder, through or 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 such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice 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, ducts, shafts, fixtures, wiring and any other such machinery or incidental personal property within the Premises and associated with the delivery of Utility Services. (d) 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 failure by third parties to furnish any such services. If Tenant uses heat generating machines or the electrical equipment and/or appliances in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right would require increased electrical service to install supplementary air conditioning units in the Premises and or modifications to the cost thereof, including structure of 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 notBuilding, 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, use and will promptly advise Landlord of any apparatus other alteration or devise in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, addition to such electrical equipment and/or appliances (as to which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant ’s prior written consent shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of Premises as general office space (as determined by Landlordbe required), 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 respond to Landlord promptly upon demand any request 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 approval made by a utility company or electrical engineer hired by Landlord at Tenant's expenseTenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such request.

Utility Services. Utilities: ----------------------- Provided Section 3.01. Lessee agrees to pay, or caused to be paid, as Additional Rent, all charges for Lessee’s utilities, including, without limiting the generality of the foregoing, heat, air conditioning, water, sewer and electricity, 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 if separately metered, it being agreed that Tenant is electricity to power the heat pumps producing heat and air conditioning to the Demised Premises, and electricity to the Demised Premises will be paid for by Lessee and, as applicable, thermostatically controlled by Lessee. However, if at any time during the term of this Lease any utilities are not separately metered, such usage and billing shall 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 default hereunderany event, Landlord 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 to the Premises electricity for normal desk top office equipment and normal copying equipment, and reasonable heating, ventilation and air conditioning ("“HVAC"”) to the common hallways and lavatories during “Business Hours” (as required 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 Landlord's judgment 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 comfortable use and occupancy of the premisesBuilding, 365 days per yeargovernmental restraints, 24 hours per day at or to any cause beyond Lessor’s control. In no additional cost to Tenant. Landlord event shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or Lessor be liable for any damages directly interruption or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment delay in connection with the furnishing of any of the foregoing above services if beyond the reasonable control for any 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, electricity, gas or any other form of energy serving the Premises. Building or Project if beyond the reasonable control of Landlord. Landlord causes and Lessee’s Rent shall not be liable under any circumstances 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 loss minimum, the Building’s Business Hours shall be no less than Monday through Friday between the hours of or injury 7:00 a.m. and 6:00 p.m. and 7:00 am to property or business1:00 pm on Saturday, however occurringexcluding local, through or state and federal legal holidays. Lessor will use reasonable efforts upon reasonable advance written notice from Lessee of its requirements in connection with or incidental to failure by third parties 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 servicestime shall be charged at applicable rates. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including Lessee further acknowledges that Lessee shall be solely responsible for the cost of installationoperating, operation as well as all repair and maintenance thereofof, 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 notany supplemental HVAC systems installed by, 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 Premises. Tenant shall not consume water or electric current in excess of that 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, specifically at the rates charged for such services by request of, Lessee to serve Lessee’s server room or otherwise exclusively serve 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 expenseDemised Premises.

Utility Services. Utilities: ----------------------- Provided that (a) Tenant is not in default hereunder, Landlord agrees to furnish to the Premises electricity for normal desk top office equipment and normal copying equipmentshall make all arrangements for, and heating, ventilation shall provide and air conditioning ("HVAC") as pay all charges and deposits 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 also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any 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 Premisesprovider for, Building or Projectwater, or (iii) the limitationsewer, curtailment or rationing ofgas, or restrictions on, use of boiler water, electricity, gas or telephone and any other form utilities 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 energy serving 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) and maintaining any “check” or “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 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 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. Building 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 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 commencement of the provision by a particular Utility Service Provider to Tenant or Project if beyond to the reasonable control 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 charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered 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 Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall 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 inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent 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 under for any circumstances interruption or failure in the supply of any utilities or Utility Services. (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 a loss or purchase one or more Utility Services from any company or 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 such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (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 injury to personal property or business, however occurring, through or 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 with therewith, Tenant agrees that it will not make any material alteration or incidental material addition to failure by third parties to furnish any such services. If Tenant uses heat generating machines or the electrical equipment and/or appliances in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right would require increased electrical service to install supplementary air conditioning units in the Premises and or modifications to the cost thereof, including structure of 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 notUnit 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, use and will promptly advise Landlord of any apparatus other alteration or devise in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, addition to such electrical equipment and/or appliances (as to which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant ’s prior written consent shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of Premises as general office space (as determined by Landlordbe required), 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 respond to Landlord promptly upon demand any request 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 approval made by a utility company or electrical engineer hired by Landlord at Tenant's expenseTenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such request.

Utility Services. Utilities: ----------------------- Provided that UTILITY CHARGES Section 12.01 Tenant is not in default hereundershall pay, Landlord agrees to furnish to the purveyors of such services, all charges, surcharges, taxes and other fees, including installation and hookup charges (however denominated) for gas, water, sewer, electricity, telephone and other utility services used in the Premises electricity for normal desk top office equipment during the lease term and normal copying equipment, 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 separately metered to Tenant. If any such charges are not paid when due, Landlord may pay the same, and any amount so paid by Landlord shall also maintain thereupon become due to Landlord from Tenant as additional rent. If any such service is supplied to Tenant by means of a common line serving Tenant and keep lighted other tenants and without a separate meter to measure Tenant'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 service provided by such common stairs, common entries and restrooms in the Building. line. 12.02 See Addendum If Landlord shall not be in default hereunder or be liable for any 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 elect to furnish or delay in furnishing any such utility 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 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 Projecton such other periodic basis as is determined by Landlord. Landlord may discontinue, or (iii) without notice, any utility service being furnished by Landlord if Tenant fails to pay, when due, the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas bills for such service or any other form of energy serving the Premises. Building or Project if beyond the reasonable control of Landlord. rent payable by Tenant hereunder. 12.03 See Addendum Landlord shall not be liable under in damages or otherwise for any circumstances for a loss failure or interruption of or injury any utility service being furnished to property or business, however occurring, through or in connection with or incidental to failure by third parties to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, no such failure or interruption shall be paid by entitle Tenant to Landlord upon demand by Landlord. Landlord shall use reasonable efforts terminate this lease, or 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 Premises. Tenant shall not consume water or electric current in excess of that 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 an abatement 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 expenserent due hereunder.

Utility Services. Utilities: ----------------------- Provided that Except as otherwise provided in this Section 6.1, Tenant is not shall contract, in default hereunderits own name, Landlord agrees to furnish for and pay when due all charges for the cost of all Utilities billed or metered separately to the Premises electricity for normal desk top office equipment and/or Tenant, together with all taxes, assessments, charges and normal copying equipmentpenalties added to or included within such cost. Notwithstanding the foregoing, 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 also maintain and keep lighted the common stairs, common entries and restrooms contract in the Building. Landlord shall not be in default hereunder or be liable its own name for any 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 all electrical service to the Premises, Building and shall manage the billing of the actual cost of electricity incurred by or Projecton 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 (iii30) days after Landlord’s delivery of a written invoice for the limitationElectrical Costs. If permitted by applicable Laws, curtailment Landlord may, at any time and from time to time during the Term, either contract for service from different electrical utility companies (“Alternate Service Providers”) than those providing electrical service on the date hereof (“Utility Service Providers”) or rationing ofcontinue to contract for electrical service from the Utility Service Providers; provided, or restrictions onhowever, use of water, electricity, gas or any other form of energy serving the Premises. Building or Project if beyond the reasonable control of Landlord. that Landlord shall not be liable under 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 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. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, Alternate Service Provider shall be paid by Tenant to Landlord upon demand by Landlord. Landlord shall use reasonable efforts to correct all services provided for hereunderwithout reimbursement from Tenant. Tenant shall not, without the written consent of cooperate with Landlord, use the Utility Service Providers, and any apparatus or devise in Alternate Service Providers at all times and, as reasonably necessary, shall allow Landlord, Utility Service Providers, and any Alternate Service Providers reasonable access to all utility lines, feeders, risers, wiring, and any other machinery and/or equipment within the Premises as necessary to provide electrical service to the Premises. In addition, including without limitationLandlord shall provide the following services to the Premises during the period commencing February 1, electronic data processing machines2015 and ending May 31, punch card machines or machines using in excess of 120 volts2015 (the “SVT Period”), which consumes more electricity than is usually furnished or supplied solely for the use purpose of premises as general office spaceenabling Tenant to conduct system verification testing of the ASF Furnaces, as determined by Landlordand specifically not to operate the ASF Furnaces: compressed air, processed exhaust and house electrical (collectively, the “SVT Systems”). Tenant shall not connect any apparatus pay Landlord the incremental cost associated with electric current except through existing electrical outlets operating the 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 Premisessystem 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 the SVT Period in order to enable Tenant to evaluate the anticipated costs of operating each SVT System. Tenant shall not consume water or electric current in excess of that 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 elect 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.terminate

Utility Services. Utilities: ----------------------- Provided 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 any such Utility Services are not separately metered, Tenant shall pay the cost of the same as part of the Operating Costs payable 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 consumption of 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 not in default sub or check metered, Landlord shall calculate the electrical service charge based on Tenant’s actual usage of electricity and Tenant shall pay same to Landlord, as Additional Rent, within fifteen (15) days of billing therefore. It is understood and agreed that except as may be expressly provided hereunder, Landlord agrees shall be under no obligation whatsoever to furnish to the Premises electricity for normal desk top office equipment and normal copying equipment, 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 also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any 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, electricity, gas or any other form of energy serving the Premises. Building or Project if beyond the reasonable control of Landlord. Landlord and shall not be liable under for (nor suffer any circumstances for a loss reduction in any rent on account of) any interruption or failure in the supply of or injury to property or business, however occurring, through or in connection with or incidental to failure by third parties to furnish the same. If the any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC systemUtility Services are not separately metered, Landlord reserves the right right, at any time during the Term, to install supplementary air conditioning units a monitor or check meter to measure Tenant’s consumption of such Utility Service(s), in which event Landlord shall calculate the Premises 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 cost thereof, including the cost of installation, operation Utility Service Providers and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Landlord shall use reasonable efforts to correct at 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 times as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that 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 refusereasonably necessary, and on reasonable advance notice (except in the event of consent. emergency), shall allow Landlord may have installed a water meter and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or electrical current meter in personal property within the Premises to measure and associated with the amount delivery 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 expenseUtility Services.

Utility Services. Utilities: ----------------------- Provided Tenant shall 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 (including Tenant’s Supplemental HVAC [as defined below]), or are not expressly to be provided by Landlord elsewhere hereunder. If any such Utility Services are not separately metered or billed (as provided below), Tenant shall pay the cost of the same as part of Tenant’s Pro Rata Share or Tenant’s Level 400 Reduced Pro Rata Share, as the case may be, of Operating Expenses payable hereunder. It is understood and agreed that Tenant is not in default except as may be expressly provided hereunder, Landlord agrees shall be under no obligation whatsoever to furnish to the Premises electricity for normal desk top office equipment and normal copying equipment, 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 also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any 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, electricity, gas or any other form of energy serving the Premises. Building or Project if beyond the reasonable control of Landlord. Landlord and shall not be liable under for (nor suffer any circumstances reduction in any rent on account of) any interruption or failure in the supply of the same except as expressly provided in Section 6.02(c) below. Prior to the Term Commencement Date, Landlord shall install one (1) or more separate submeter(s), checkmeter(s) or flow meter(s), to measure Tenant’s actual consumption of electricity and gas at or for a loss the Premises (and Tenant’s Supplemental HVAC), 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 measured thereby, or injury 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 or business, however occurring, through or in connection within the Premises and associated with or incidental the delivery of Utility Services to failure by third parties to furnish any such servicesthe Premises. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC systemare not separately metered as to any Utility Services, Landlord reserves the right right, at any time during the Term, to install supplementary air conditioning units in the Premises and 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 a monitor 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 Premises. Tenant shall not consume water or electric current in excess of that 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 check meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost Tenant’s consumption of any such meter and of its installationUtility Services, maintenance and repair in which event Landlord shall be paid for by calculate the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed applicable Utility Services based on Tenant’s actual usage thereof, rather than 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 expenseotherwise provided herein.

Utility Services. Utilities: ----------------------- Provided that (a) Tenant is not in default hereunder, Landlord agrees to furnish to shall pay for all water (including the Premises electricity for normal desk top office equipment and normal copying equipment, 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 also maintain service, repair and keep lighted the common stairsreplace reverse osmosis, common entries de-ionized and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting fromother treated water), nor shall the Rent be abated by reason of (i) the installationgas, 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 Landlordheat, (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 Landlordlight, or by the making of necessary repairs or improvements power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, Building or Projecttogether with any fees, or (iii) surcharges and taxes thereon charged by the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, applicable utility provider. Electricity and gas or any other form of energy serving the Premises. Building or Project if beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury supplied to property or business, however occurring, through or in connection with or incidental to failure by third parties to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect shall each be separately metered, and chilled water and HVAC airflow for the temperature otherwise maintained by 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 HVAC system, Landlord reserves the right to install supplementary air conditioning units in Laboratory Portion of the Premises and up to six (6) ▇▇▇▇▇ per usable square foot of the cost thereofOffice 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, including Tenant shall 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 charge Tenant with the cost of installationpurchasing, operation installing and maintenance thereofmonitoring such metering equipment, which cost shall be paid by Tenant to Landlord upon demand by Landlordas 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 utilities 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 use reasonable efforts pay Landlord for Tenant’s increased share of such utilities to correct all services provided reflect such excess. (b) Tenant shall be responsible for hereunderthe installation of the following check meters (i) the standard flow meter on each floor at the capped connection for non-potable cold water, (ii) the standard flow meter on the supply line and deductive meter on the return line at each floor, located 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 (ix) condenser water meters on the capped condenser water connection on each floor to meter condenser water usage (collectively, the “Tenant Installed Checkmeters”). Tenant shall notbe responsible for the ongoing repair and maintenance of any Tenant Installed Checkmeters. Tenant shall also be responsible for providing bus tap, without meter and meter socket at each floor for direct utility metering and an electronic check meter for tenant equipment connected to the written consent of Landlord, use Generator. In the event Tenant requires natural gas on any apparatus or devise in floor within the Premises, Tenant 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 and expense. (c) Notwithstanding anything in this Lease to the contrary, Tenant shall pay the cost of utilities used in the Premises based on the consumption thereof as 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 provision of any other utility or service furnished by Landlord in the Building, Landlord may take any appropriate action to comply with 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 information and documentation as may be needed for compliance with any energy reporting or sustainability requirements as may be adopted from time to time by the City of Boston or any other governmental authority with jurisdiction over the Building, which information shall include, without limitation, electronic data processing machinesusage at or by the Premises of electricity, punch card machines natural gas, steam, hot or machines using chilled water or other energy. Neither Landlord’s actions nor its failure to act shall entitle Tenant to any damages, ▇▇▇▇▇ or suspend Tenant’s obligation to pay Basic Rent and Additional Rent or constitute or be construed as a constructive or other eviction of Tenant except as otherwise specifically set forth herein. The parties hereto shall comply with all mandatory energy conservation controls and requirements applicable to the Building that are imposed or instituted by the federal, state, county or municipal governments and are of general applicability to the occupants of the Building, including, without limitation, controls on the permitted range of temperature settings in excess office/retail buildings, and requirements necessitating curtailment of 120 volts, which consumes more electricity than is usually furnished the volume of energy consumption or supplied 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 use duration of premises as general office space, as determined by Landlordsuch controls or requirements. Tenant Compliance with such controls or requirements shall not connect any apparatus with electric current except through existing electrical outlets in be considered an eviction, actual or constructive, of Tenant from the Premises. Tenant Premises and shall not consume water entitle Tenant to terminate this Lease or electric current in excess of that 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 an abatement 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 expenseRent payable hereunder.

Utility Services. Utilities: ----------------------- Provided 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 any such Utility Services are not separately metered, Tenant shall pay the cost of the same as part of the Operating Costs payable 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 consumption of electricity. If such electrical service is separately metered Tenant shall pay directly to the utility supplier, all electrical service charges before delinquency (and failure to pay the same shall be deemed an Event of Default subject to Section 14.01(a), below). If such electrical service is not in default sub or check metered, Landlord shall calculate the electrical service charge based on Tenant’s actual usage of electricity and Tenant shall pay same to Landlord, as Additional Rent, within fifteen (15) days of billing therefore. It is understood and agreed that except as may be expressly provided hereunder, Landlord agrees shall be under no obligation whatsoever to furnish to the Premises electricity for normal desk top office equipment and normal copying equipment, 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 also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any 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 Projectand, or (iii) the limitationexcept as expressly set forth herein, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises. Building or Project if beyond the reasonable control of Landlord. Landlord shall not be liable under for (nor suffer any circumstances for a loss reduction in any rent on account of) any interruption or failure in the supply of or injury to property or business, however occurring, through or in connection with or incidental to failure by third parties to furnish the same. If the any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC systemUtility Services are not separately metered, Landlord reserves the right right, at any time during the Term, to install supplementary air conditioning units a monitor or check meter to measure Tenant’s consumption of such Utility Service(s), in which event Landlord shall calculate the Premises applicable Utility Services charges based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, ▇▇▇▇▇▇▇▇ 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”). ▇▇▇▇▇▇ agrees reasonably to cooperate with Landlord and the cost thereof, including the cost of installation, operation Utility Service Providers and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Landlord shall use reasonable efforts to correct at 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 times as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that 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 refusereasonably necessary, and on reasonable advance notice (except in the event of consent. a potential emergency), shall allow Landlord may have installed a water meter and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or electrical current meter in personal property within the Premises to measure and associated with the amount delivery 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 expenseUtility Services.

Utility Services. Utilities: ----------------------- Provided Tenant shall 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 not separately metered, Tenant shall pay Tenant’s Pro Rata Share of the cost of the same as part of the Operating Expenses payable hereunder. It is understood and agreed that Tenant is not in default except as may be expressly provided hereunder, Landlord agrees shall be under no obligation whatsoever to furnish to the Premises electricity for normal desk top office equipment and normal copying equipment, 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 also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any 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, electricity, gas or any other form of energy serving the Premises. Building or Project if beyond the reasonable control of Landlord. Landlord and shall not be liable under for (nor suffer any circumstances for a loss reduction in any rent on account of) any interruption or failure in the supply 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 servicesthe same. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC systemare not separately metered, Landlord reserves the right right, at any time during the Term, to install supplementary air conditioning units 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 cost thereof, including the cost delivery of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Landlord Utility Services; provided all such parties shall use commercially reasonable efforts to correct all services provided for hereunder. Tenant shall not, without the written consent minimize interference with Tenant’s use or occupancy of Landlord, use any apparatus or devise in access to 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 Premises. Tenant shall not consume water or electric current in excess of that 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. Utilities: ----------------------- Provided 15.1. Tenant shall obtain and pay for all electricity that Tenant is not in default hereunder, Landlord agrees to furnish separately metered to the Premises electricity for normal desk top office equipment and normal copying equipment, 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 telephone services used on or at no additional cost to Tenant. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any 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 together with any taxes, penalties, surcharges or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, like pertaining to the Tenant’s use of water, electricity, gas or any other form of energy serving the Premises. Building or Project if beyond the reasonable control of Landlord. Landlord shall not be liable under 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. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and any maintenance charges, tap fees and other similar assessments made in connecting the cost thereof, including Premises to such utilities and imposed by 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 applicable utility provider for the use provision of premises as general office spacesuch utilities. Electricity and gas serving Tenant’s Premises shall, as determined by at Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in ’s expense, be separately metered directly from the public utilities supplying service to the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied be responsible for making arrangements for and paying 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 the installation, maintenance and repair of its own telephone system. 15.2. No interruption or malfunction of any of such services shall constitute an eviction or disturbance of Tenant’s use and possession of the Premises or the Building or a breach by Landlord of any of Landlord’s obligations hereunder or render Landlord liable for damages or entitle Tenant to be relieved from any of Tenant’s obligations hereunder (including the obligation to pay rent) or grant Tenant any right of setoff or recoupment. In the event of any such interruption, however, Landlord shall use reasonable diligence to restore such service or cause same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord and the interruption was not caused in whole or in part by Tenant’s fault. Tenant expressly agrees to notify any utility service requesting or requiring such notice of Tenant’s intention to vacate the Premises. This notice requirement shall be paid in addition to any other notice requirement specified herein. Notwithstanding the foregoing, if (i) any essential utility service to be provided as set forth in the preceding paragraph is interrupted or curtailed for a period of 48 hours from the time Tenant notifies Landlord (either orally or in writing), (ii) as a result thereof, Tenant’s use of the Premises is materially, adversely affected (including failure of HVAC system) and (iii) such interruption is caused by Landlord or lies within Landlord’s control, then the Tenant Base Rent for the Premises shall completely ▇▇▇▇▇ from such 48 hour period 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 continue until such services by are restored to the local public utility plus any additional expense incurred in keeping account point where Tenant’s use of the water and electric current so consumed. If a separate meter Premises is not installedno longer materially, 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 expenseadversely affected.

Utility Services. Utilities: ----------------------- Provided Tenant shall pay directly to the providers thereof, before delinquency, all charges for water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials or services furnished directly to or used by Tenant in or about the Premises (collectively, “Utility Services”), including (a) meter, use and/or connection fees, hook-up fees, or standby fees, and (b) penalties for discontinued or interrupted service. Notwithstanding the foregoing, if any Utility Service is not separately provided or metered to the Premises, then the cost of such Utility 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 use of such Utility Service. Tenant’s electrical usage shall not in default hereunder, Landlord agrees to furnish exceed the capacity of the feeders to the Premises electricity for normal desk top office equipment and normal copying equipmentor the risers or wiring installation. Without limiting the foregoing, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for Tenant shall pay the comfortable use and occupancy cost of the premises, 365 days per year, 24 hours per day at no additional cost to Tenant. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any 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 all Utility Services consumed in connection with the furnishing operation of any of the foregoing services if beyond the reasonable control of Landlord, supplemental or specialty Building Systems (iias defined in Section 7.1.1 below) 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, electricity, gas or any other form of energy exclusively serving the Premises. Building or Project if beyond the reasonable control of Landlord. Landlord shall not be liable under 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. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and 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 any 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 Premises. Tenant shall not consume water or electric current in excess of that 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 refusecenter, and in Landlord shall have the event of consent. Landlord may have installed a water meter or electrical current meter in the Premises right 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 metersinstall, 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 Tenant’s expense, a separate meter to measure Tenant’s use of such Utility Service. 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 not installedkept neat, broom-clean and pest-free in a first-class manner. Landlord shall provide such janitorial (including exterior window-washing), pest-control and landscaping services for the excess cost exterior of the Building and any Common Areas, and such lighting for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by the Parking Areas (defined in Section 24), as Landlord at Tenant's expensereasonably determines is appropriate.

Utility Services. Utilities: ----------------------- Provided that Except as otherwise provided in this Section 6.1, Tenant is not shall contract, in default hereunderits own name, Landlord agrees to furnish for and pay when due all charges for the cost of all Utilities billed or metered separately to the Premises electricity and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Notwithstanding the foregoing, Landlord shall contract in its own name for normal desk top office equipment and normal copying equipmentall electrical service to the Premises (as 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 heatingshall manage the billing of the cost of electricity incurred by or on behalf of Tenant in connection with its use and operation of the Premises (such costs, ventilation and air conditioning ("HVAC") as required without any ▇▇▇▇-up or premium whatsoever, the “Electrical Costs”), subject to reimbursement by Tenant for such Electrical Costs in Landlord's judgment accordance with the terms of this Section 6.1. Landlord will ▇▇▇▇ Tenant for the comfortable use Electrical Costs and occupancy 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. Until Landlord delivers to Tenant the final Phase of the premisesPremises, 365 days per year, 24 hours per day at no additional cost to Tenant. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms calculation of Electrical Costs payable by Tenant will be based upon the electrical service consumed by Tenant in the BuildingCurrent Demised Premises. If permitted by applicable Laws, Landlord may, at any time and from time to time during the Term, either contract for service from different electrical utility companies (“Alternate Service Providers”) than those providing electrical service on the date hereof (“Utility Service Providers”) or continue to 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 in default hereunder or be liable for any damages directly or indirectly resulting from, nor paid by Landlord without reimbursement from Tenant. Tenant shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection cooperate with the furnishing of any of the foregoing services if beyond the reasonable control of Landlord, (ii) failure to furnish or delay in furnishing the Utility Service Providers, and any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Alternate Service Providers at all times and, as reasonably necessary, shall allow Landlord, or by Utility Service Providers, and any Alternate Service Providers reasonable access to all utility lines, feeders, risers, wiring, and any other machinery and/or equipment within the making of Premises as necessary repairs or improvements to provide electrical service to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises. Building or Project if beyond the reasonable control of Landlord. Landlord shall not be liable under for any circumstances 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 a loss 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 Electrical Costs. No temporary interruption or failure of Utilities 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 business, however occurring, through or in connection with or incidental to failure by third parties to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained occasioned by the HVAC systembursting, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereofrupture, including the cost leakage or overflow 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 notany plumbing or other pipes (including, without the written consent of Landlordlimitation, use any apparatus water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or devise in washstands, or other similar cause in, above, upon or about the Premises, including without limitation, electronic data processing machines, punch card machines except to the extent caused by or machines using in excess arising out of 120 volts, which consumes more electricity than is usually furnished the negligence or supplied for the use willful misconduct of premises as general office space, as determined by Landlord. Tenant shall not connect Landlord or any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that 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 ’s Agents. As used 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 installedthis Lease, the excess cost for such water term “Utilities” means water, sewer use, sewer discharge fees and electric current shall be established by an estimate made by a utility company permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone and all materials and services or electrical engineer hired by Landlord at Tenant's expenseother utilities.

Utility Services. Utilities: ----------------------- Provided 15.1 Landlord shall provide, at the beginning of this Lease, tile normal and customary utility connections into the Premises. Tenant shall pay the cost of all initial utility connection charges and all utility usage charges for utilities that are separately metered with respect to the Premises, including, but not limited to, all charges for telephone, gas, water and electricity used on the Premises. Tenant shall also pay for replacement of all electric light lamps, bulbs or tubes. Landlord shall have the right at any time and from time to time during the Term of this Lease to install equipment within the Premises for the purpose of measuring Tenant's electrical usage therein. 15.2 No interruption or malfunction of any of such services shall constitute an eviction or disturbance of Tenant's use and possession of the Premises or the Building or a breach by Landlord of any of Landlord's obligations hereunder or render Landlord liable for damages or entitle Tenant to be relieved from any of Tenant's obligations hereunder (including the obligation to pay rental) or grant Tenant any right of setoff or recoupment. In the event of any such interruption, however, Landlord shall use reasonable diligence during normal business hours to restore such service or cause same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord and the interruption was not caused in whole or in part by Tenant's fault. Notwithstanding the foregoing, if Tenant is not in default hereunder, Landlord agrees to furnish under this Lease and Tenant shall be without electricity or water to the Premises electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required such interruption in service is directly caused by Landlord's judgment gross negligence or willful misconduct, then in such event Tenant shall be entitled to a rental abatement for the comfortable use and occupancy each day that service is interrupted. Tenant expressly agrees to notify any utility service requesting or requiring such notice of the premises, 365 days per year, 24 hours per day at no additional cost Tenants intention to Tenant. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any 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, electricity, gas or any other form of energy serving vacate the Premises. Building or Project if beyond the reasonable control of Landlord. Landlord shall not be liable under 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. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, This notice requirement shall be paid by Tenant in addition 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 Premises. Tenant shall not consume water or electric current in excess of that 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 expenseother notice requirement specified herein.

Utility Services. Utilities: ----------------------- Provided Tenant shall pay all charges for water, sewer, gas, and electricity ("UTILITY SERVICE") and any other utilities or like services used or consumed on the Premises, whether called use charge, tax, assessment, fee or otherwise as the same become due. It is understood and agreed that Landlord shall be responsible for bringing 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 is not in default hereunder, Landlord agrees to furnish shall pay all costs and expenses associated with any separately metered utilities (such as telephone) provided exclusively to the Premises electricity 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 normal desk top office equipment such utilities may be estimated monthly by Landlord and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") shall be paid monthly by Tenant as required in Landlord's judgment for billed with a final accounting based upon actual bills following the comfortable use and occupancy conclusion of each fiscal year of the premises, 365 days per year, 24 hours per day at no additional cost Building. Tenant shall pay for any and all costs to Tenantinstall and connect Utility Services from the Utility Switching Points to the Premises. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for under no obligation as to any 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 Utility Services beyond the foregoing services if beyond the reasonable control of Landlord, (ii) failure responsibility to furnish or delay in furnishing any bring 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 Utility Services to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises. Building or Project if beyond the reasonable control of Landlord. Utility Switching Points and Landlord shall not be liable under for any circumstances interruption or failure in the supply of any utilities or Utility Services. 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 a loss of or injury to property purchase one or business, however occurring, through more Utility Services from - 17 - any company or in connection with or incidental to failure by third parties to furnish party providing Utility Services (provided that any such servicesservices supplied by an affiliate of Landlord shall be at competitive rates with other providers) ("UTILITY SERVICE PROVIDER"). If Tenant uses heat generating machines 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 equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in personal property within the Premises and associated with the cost thereof, including the cost delivery 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 Premises. Tenant shall not consume water or electric current in excess of that 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 expenseUtility Services.

Utility Services. Utilities: ----------------------- Provided that Tenant is not in default hereunder, Landlord agrees has caused utilities to furnish be made available to the Building and the Premises electricity for normal desk top office equipment including water, sanitary sewer and normal copying equipment, 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 Tenantelectricity. Landlord shall also maintain cause the necessary mains, conduits and keep lighted other facilities to be provided to supply water, sanitary sewer facilities and electricity into the common stairsBuilding and the Premises, common entries and restrooms 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 pay directly all charges for electric, telephone and any other utilities used or consumed in the BuildingPremises which are separately 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 refuse to pay any utility charges individually metered to Tenant, then Landlord may, but shall not be in default hereunder or be liable for any damages directly or indirectly resulting fromobligated to, nor pay such charges and Tenant 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, electricity, gas or any other form of energy serving the Premises. Building or Project if beyond the reasonable control of Landlordreimburse Landlord on demand. Landlord shall not be liable under to Tenant for interruption in or curtailment of any circumstances utility service, nor shall any curtailment or interruption constitute a constructive eviction or grounds for a loss of or injury to property or business, however occurring, through rental abatement in whole or in connection with or incidental to failure by third parties to furnish any such servicespart. If Tenant uses heat generating machines or equipment consumes water for any purpose in addition to ordinary lavatory purposes (of which fact Landlord is to be the Premises which affect sole judge), then Landlord in its discretion may install a public utility water meter and thereby measure Tenant's water consumption for all purposes. Tenant shall pay Landlord for the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises cost of such meter and the cost of installation thereof, including and throughout the cost duration of installationTenant's occupancy, 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 Premises. Tenant shall not consume water or electric current in excess of that 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 keep such meter and of its installation, maintenance installation equipment in good working order and repair at its own expense, Tenant shall be paid pay for water consumed, as shown on such meter, and the corresponding sewer utility service charge, as and when bills are rendered 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 company servicing the Premises and, on default of Tenant making such payment, Landlord may pay such charges and collect 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 expensesame from Tenant as Additional Rent.

Utility Services. Utilities: ----------------------- Provided that (a) Except as expressly set forth herein, Tenant shall pay all charges for water, sewer, gas, electricity (“Utility Service”) and any other utilities or like services used or consumed on the Premises, whether called use charge, tax, assessment, fee or otherwise as the same become due. It is not in default hereunderunderstood and agreed that, Landlord agrees to furnish to the Premises electricity for normal desk top office equipment and normal copying equipment, 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 also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any 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 Base Building Work, (i) Landlord shall be responsible for bringing Utility Services to a common switching point(s) at the foregoing Building (collectively, “Utility Switching Points”) and for installing direct meters or other measuring devices for such services if beyond to the reasonable control of Building (as opposed to individual tenant spaces) at Landlord, ’s cost; (ii) failure Tenant shall pay for any and all costs to furnish or delay in furnishing any install and connect such services where Utility Services from 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 Utility Switching Points to the Premises, Building or Project, or ; (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or Landlord shall be under no obligation as to any other form of energy serving the Premises. Building or Project if Utility Services beyond the reasonable control of Landlord. foregoing responsibility to bring such Utility Services to the Utility Switching Points; and (iv) Landlord shall not be liable under for any circumstances for a loss of interruption 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. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC systemsupply of any utilities or Utility Services. Any utilities that are separately metered for Tenant, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereofsuch as telephone service, shall be paid by Tenant directly to the 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 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 demand 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 been installed, based on Landlord’s reasonable estimate of Tenant’s usage of such services. (c) Tenant, at Tenant’s sole expense, shall install check meters for the Utility 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 Landlord as Total Operating Costs pursuant to Section 4.02 dependent upon Tenant’s usage in accordance with Landlord’s periodic check meter 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 reasonable good faith efforts to correct all services provided for hereunder. verbally confirm that Tenant shall not, without 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 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 Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of Premises as general office space (as determined by notice to Landlord), without first procuring provided, however, that Landlord’s failure to confirm such notice verbally shall not be deemed to invalidate the written consent applicable e-mail or facsimile notice. Within five (5) business days following Tenant’s receipt of Landlordany Landlord Shutdown Notice, which Tenant shall notify Landlord may refuseif, 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 consent. Landlord may have installed a water meter 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 electrical current meter validation is occurring in the Premises to measure Clean Room, Tenant has given Landlord prompt written notice of such breach, such breach results from 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 willful disregard 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 consumedprovisions of this Section 6.01(e). If a separate meter is not installedIn case of emergency, Landlord may, notwithstanding any provision of this Section 6.01(e) to the excess cost for 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 water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expenseshut down promptly thereafter.

Utility Services. Utilities: ----------------------- Provided that (a) Tenant is not in default hereunder, Landlord agrees to furnish to the Premises electricity for normal desk top office equipment and normal copying equipmentshall make all arrangements for, and heating, ventilation shall provide and air conditioning ("HVAC") as pay all charges and deposits 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 also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any 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 Premisesprovider for, Building or Projectwater, or (iii) the limitationsewer, curtailment or rationing ofgas, or restrictions on, use of boiler water, electricity, gas or telephone and any other form utilities 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 energy serving 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) and maintaining any “check” or “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. Building 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, 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 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 commencement of the provision by a particular Utility Service Provider to Tenant or Project if beyond to the reasonable control 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 charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered 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 Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall 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 inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent 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 under for any circumstances interruption or failure in the supply of any utilities or Utility Services. (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 a loss or purchase one or more Utility Services from any company or 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 such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (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 injury to personal property or business, however occurring, through or 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 with therewith, Tenant agrees that it will not make any material alteration or incidental material addition to failure by third parties to furnish any such services. If Tenant uses heat generating machines or the electrical equipment and/or appliances in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right would require increased electrical service to install supplementary air conditioning units in the Premises and or modifications to the cost thereof, including structure of 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 notUnit 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, use and will promptly advise Landlord of any apparatus other alteration or devise in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, addition to such electrical equipment and/or appliances (as to which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant ’s prior written consent shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of Premises as general office space (as determined by Landlordbe required), 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 respond to Landlord promptly upon demand any request 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 approval made by a utility company or electrical engineer hired by Landlord at Tenant's expenseTenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such request.

Utility Services. Utilities: ----------------------- Provided All utility charges for heating oil, electricity and otherwise used by Tenant during the Initial Term and any Extended Term in or for the Premises are included in the monthly rental amounts set forth above; provided that such utility charges do not exceed One Thousand Two Hundred Fifty Dollars ($1,250.00) per month (the “Utility Threshold”). In the event that utility charges for any calendar month during the Term exceed the Utility Threshold, Tenant is not in default hereunder, shall pay to Landlord agrees to furnish the difference between utility charges actually incurred by Landlord with respect to the Premises electricity and the Utility Threshold within thirty (30) days of receipt of an invoice therefore as and for normal desk top office equipment Additional Rent. Tenant shall also reimburse Landlord for all costs and normal copying equipment, expenses incurred by Landlord related to fuel consumed by Tenant from the fuel tanks located at the Premises within thirty (30) days of Tenant’s receipt of an invoice therefor from Landlord. It is understood and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy agreed that ▇▇▇▇▇▇▇▇ does not warrant that any of the premisesservices referred to in this Article 6, 365 days per yearor that any other services which Landlord may supply, 24 hours per day at no additional cost to Tenantwill be free from interruption. Landlord shall also maintain and keep lighted Tenant acknowledges that any one or more of the common stairs, common entries and restrooms in the Building. Landlord shall not services may be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated suspended by reason of (i) the installationaccident, use repairs, alterations, improvements, strikes or interruption lockouts, by reason of use operation 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 Landlordlaw, 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, electricity, gas or any other form of energy serving the Premises. Building or Project if causes beyond the reasonable control of Landlord. Landlord No interruption of service shall not be liable under any circumstances for a loss deemed an eviction or disturbance 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. If Tenant uses heat generating machines or equipment in Tenant’s use and possession of the Premises which affect the temperature otherwise maintained or render Landlord liable to Tenant for damages by the HVAC systemabatement of Rent or otherwise, Landlord reserves the right to install supplementary air conditioning units direct or consequential, nor shall any interruption in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid service relieve Tenant from performance 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 Premises. Tenant shall not consume water or electric current in excess of that 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 expenseobligations under this Lease.

Utility Services. Utilities: ----------------------- Provided that Tenant Section 3.01. ▇▇▇▇▇▇ agrees to pay, or cause to be paid, as additional rent, all charges for ▇▇▇▇▇▇’s electricity, and ▇▇▇▇▇▇ will comply with all contracts relating to any electrical services. Lessee’s charges for such electricity usage shall be based upon ▇▇▇▇▇▇’s actual usage, if separately metered. However, if such usage is not in default hereunderseparately metered, Landlord Lessee shall pay its pro rata share of 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 Demised Premises and the denominator of which shall be equal to the total rentable square footage served by such non-separately-metered electrical service. Such additional rent for non-separately-metered electricity 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 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 to the Premises electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation reasonable heat 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 also maintain and keep lighted the common stairshallways 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 entries area glass, common lavatories and restrooms glass main entry doorways to the Demised Premises, Mondays through Fridays, in substantially the same fashion as furnished in similar buildings in the BuildingCity 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. Landlord In no event shall not be in default hereunder or Lessor be liable for any damages directly interruption or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment delay in connection with the furnishing of any of the foregoing above services if beyond for any of such causes. For the purposes of this clause, reasonable control heat to common areas shall be defined as a minimum of Landlord66 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, (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 Building will be open for access to the PremisesDemised Premises daily, Monday through Friday, between the hours of 7:00 a.m. and 6:00 p.m. The Building or Projectwill be closed from 6:00 p.m. to 7:00 a.m. Monday through Friday, or (iii) the limitationinclusive, curtailment or rationing ofall day Saturday, or restrictions onall day Sunday and on legal, use of water, electricity, gas or any other form of energy serving the Premises. Building or Project if beyond the reasonable control of Landlord. Landlord shall not be liable under 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. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises state and 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 Premises. Tenant shall not consume water or electric current in excess of that 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 metersfederal holidays, at which time the rates charged Building 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 emergency conditions). Provided however that HVAC expenses occasioned by such services by access while the local public utility plus any additional expense incurred in keeping account Building is closed will be the responsibility 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 expenseLessee.

Utility Services. Utilities: ----------------------- Provided that Except as otherwise provided in this Section 6.1, Tenant is not shall contract, in default hereunderits own name, Landlord agrees to furnish for and pay when due all charges for the cost of all Utilities billed or metered separately to the Premises electricity and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Notwithstanding the foregoing, Landlord shall contract in its own name for normal desk top office equipment and normal copying equipmentall electrical service to the Premises (as necessary for the Phase(s) that have been delivered) necessary to comply with the Phasing Plan, and heatingshall manage the billing of the cost of electricity incurred by or on behalf of Tenant in connection with its use and operation of the Premises (such costs, ventilation and air conditioning ("HVAC") as required without any ▇▇▇▇-up or premium whatsoever, the “Electrical Costs”), subject to reimbursement by Tenant for such Electrical Costs in Landlord's judgment accordance with the terms of this Section 6.1. Landlord will ▇▇▇▇ Tenant for the comfortable use Electrical Costs and occupancy 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. Until Landlord delivers to Tenant the final Phase of the premisesPremises, 365 days per year, 24 hours per day at no additional cost to Tenant. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms calculation of Electrical Costs payable by Tenant will be based upon the electrical service consumed by Tenant in the BuildingCurrent Demised Premises. If permitted by applicable Laws, Landlord may, at any time and from time to time during the Term, either contract for service from different electrical utility companies (“Alternate Service Providers”) than those providing electrical service on the date hereof (“Utility Service Providers”) or continue to 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 in default hereunder or be liable for any damages directly or indirectly resulting from, nor paid by Landlord without reimbursement from Tenant. Tenant shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection cooperate with the furnishing of any of the foregoing services if beyond the reasonable control of Landlord, (ii) failure to furnish or delay in furnishing the Utility Service Providers, and any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Alternate Service Providers at all times and, as reasonably necessary, shall allow Landlord, or by Utility Service Providers, and any Alternate Service Providers reasonable access to all utility lines, feeders, risers, wiring, and any other machinery and/or equipment within the making of Premises as necessary repairs or improvements to provide electrical service to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises. Building or Project if beyond the reasonable control of Landlord. Landlord shall not be liable under for any circumstances 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 a loss 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 Electrical Costs. No temporary interruption or failure of Utilities 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 business, however occurring, through or in connection with or incidental to failure by third parties to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained occasioned by the HVAC systembursting, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereofrupture, including the cost leakage or overflow 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 notany plumbing or other pipes (including, without the written consent of Landlordlimitation, use any apparatus water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or devise in washstands, or other similar cause in, above, upon or about the Premises, including without limitation, electronic data processing machines, punch card machines except to the extent caused by or machines using in excess arising out of 120 volts, which consumes more electricity than is usually furnished the negligence or supplied for the use willful misconduct of premises as general office space, as determined by Landlord. Tenant shall not connect Landlord or any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that 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 ’s Agents. As used 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 installedthis Lease, the excess cost for such water term “Utilities” means water, sewer use, sewer discharge fees and electric current shall be established by an estimate made by a utility company permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone and all materials and services or electrical engineer hired by Landlord at Tenant's expenseother utilities.

Utility Services. Utilities: ----------------------- Provided Landlord, as owner of the Property and landlord under this Lease, shall not be required to provide any utility services to the Premises or any portion of the Premises. Tenant and its Subtenants shall be responsible for contracting with, and obtaining, all necessary utility and other services as may be necessary and appropriate to the uses to which the Premises are put. Tenant will pay or cause to be paid as the same become due all deposits, charges, meter installation fees, connection fees and other costs for all public or private utility services at any time rendered to the Premises or any part of the Premises, and will do all other things required for the maintenance and continuance of all such services. Tenant agrees, with respect to any public utility services provided to the Premises by the City, that no act or omission of the City in its capacity as a provider of public utility services shall abrogate, diminish, or otherwise affect the respective rights, obligations and liabilities of Tenant and Landlord under this Lease, or entitle Tenant to terminate this Lease or to claim any abatement or diminution of Rent. Further, other than claims arising from Delay Events that Tenant is entitled to assert under this Lease, Tenant covenants not to raise as a defense to its obligations under this Lease, or assert as a counterclaim or crossclaim in default hereunderany litigation or arbitration between Tenant and Landlord relating to this Lease, Landlord agrees to furnish to the Premises electricity for normal desk top office equipment and normal copying equipment, 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 also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder any Losses arising from or be liable for any 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 City’s provision of (or failure to provide) public utility services, except to the extent that failure to raise such claim in connection with such litigation would result in a waiver of such claim. The foregoing shall not constitute a waiver by Tenant of any claim it may now or in the future have (or claim to have) against any such public utility provider relating to the provision of the foregoing services if beyond the reasonable control of Landlord, (ii) or 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 provide) utilities to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises. Building or Project if beyond the reasonable control of Landlord. Landlord shall not be liable under 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. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and 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 Premises. Tenant shall not consume water or electric current in excess of that 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.