Common use of Utility Services Clause in Contracts

Utility Services. UTILITY CHARGES Section 12.01 Tenant shall pay, 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 during the lease term and 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 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 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 line. 12.02 See Addendum If Landlord shall elect to furnish any utility services to the Premises, Tenant shall purchase its requirements thereof from Landlord so long as the rates charged therefor by Landlord do not exceed those which Tenant would be required to pay on an individual basis if such services were furnished to it directly by a public utility. Any such payments shall be based on usage by Tenant and shall be made monthly or on such other periodic basis as is determined by Landlord. Landlord may discontinue, without notice, any utility service being furnished by Landlord if Tenant fails to pay, when due, the bills for such service or any rent payable by Tenant hereunder. 12.03 See Addendum Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service being furnished to the Premises and no such failure or interruption shall entitle Tenant to terminate this lease, or to an abatement of the rent due hereunder.

Utility Services. UTILITY CHARGES Section 12.01 Tenant shall pay, be solely responsible for causing the electrical supply to the purveyors Premises to comply with the requirements of such servicesSection 1.2 of this Lease, all charges, surcharges, taxes and other fees, including installation for contracting with the appropriate utility companies and hookup charges (however denominated) for shall directly pay the costs of any separately-metered gas, water, sewer, electricity, telephone and electricity or any other utility services used in used, consumed or provided in, furnished to or attributable to the Premises during any Early Occupancy Period and from and after Lease Commencement Date at the lease term and separately metered to Tenant. If any such charges are not paid when duerates charged by the supplying utility companies and, Landlord may pay within thirty (30) days of the same, and any amount so paid by Landlord shall thereupon become due to Landlord from Tenant as additional rent. If any such service is supplied to Tenant by means close of a common line serving Tenant and other tenants and without a separate meter to measure Tenant's consumptioneach calendar quarter during the Lease Term, Tenant shall deliver to Landlord copies of its electricity bills for the immediately preceding three (3) month period. If the Premises are not separately metered, then water, electrical and gas service shall be sub-metered to the Premises, and reimbursed by ▇▇▇▇▇▇ directly to Landlord as Additional Rent. Should Landlord elect to supply any utilities not separately-metered to the Premises (and the parties acknowledge that Landlord will supply water service to the Premises), ▇▇▇▇▇▇ agrees to purchase and pay for the same as Additional Rent (or at Landlord’s election, as part of Direct Expenses) as apportioned by Landlord. The rate to be charged by Landlord to Tenant shall not exceed the rate charged to Landlord by any supplying utility. ▇▇▇▇▇▇▇▇ will notify Tenant of this charge promptly after it becomes known. This charge will increase or decrease with current charges being levied against Landlord, the Premises or the Project by the local utility company, and will be due as additional rent on a periodic basisAdditional Rent. Tenant shall reimburse Landlord within thirty (30) days of billing for fixture charges and/or water tariffs, a reasonable portionif applicable, as determined which are charged to Landlord by local utility companies or, at Landlord’s option, such charges shall be included in Operating Expenses. Additionally, Tenant shall, at Tenant’s sole cost and expense, provide janitorial services to the Premises at least five (5) days per week; however, Landlord shall have the right (i) to approve Tenant’s janitorial contractor and the scope of the total cost of the service services to be provided by the same (which approval shall not be unreasonably withheld, conditioned or delayed), and (ii) if Tenant fails to provide such common line. 12.02 See Addendum If Landlord shall elect to furnish any utility janitorial services to the Premises, to provide such janitorial services for Tenant’s benefit and Tenant shall purchase reimburse Landlord for its requirements thereof from Landlord so long as the rates charged therefor by Landlord do not exceed those which Tenant would be required costs incurred to pay on an individual basis if provide such janitorial services were furnished to it directly by a public utility. Any such payments shall be based on usage by Tenant and shall be made monthly or on such other periodic basis as is determined by promptly upon receipt of Landlord. Landlord may discontinue, without notice, any utility service being furnished by Landlord if Tenant fails to pay, when due, the bills for such service or any rent payable by Tenant hereunder’s invoice therefor. 12.03 See Addendum Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service being furnished to the Premises and no such failure or interruption shall entitle Tenant to terminate this lease, or to an abatement of the rent due hereunder.

Utility Services. UTILITY CHARGES Section 12.01 Tenant shall paybe liable for paying for any and all utility or service charges in the manner described herein. Monthly charges with respect to electric utility services will be divided among all Tenants in the apartment, based on the number of occupants and number of days of occupancy in the billing period, and presented to Tenant by Landlord’s third party billing provider (the “Utility Servicer”). Monthly charges with respect to water utility services will also be divided among all Tenants in the apartment, based on the number of occupants and number of days of occupancy in the billing period, and presented to Tenant by the Utility Servicer. Tenant’s pro-rata share of such charges shall be billed monthly as Tenant’s electric ▇▇▇▇. Tenant’s electric ▇▇▇▇ is not a part of Tenant’s Rent and will be paid separately from Rent. Tenant shall have 25 days to pay any amounts, after which Landlord may assess a late fee of 1% of the amount in arrears. Such obligations will exist for the entire Term of this Lease whether or not Tenant occupies the Dwelling. The electric services and the water/sewer will each be direct metered. Landlord shall also charge a $5.00 fee per month to Tenant for the valet trash collection service provided to the Dwelling, which will be billed and collected by the Utility Servicer. Each tenant of the Dwelling, including Tenant, is required to enter into an agreement Utility Servicer (which may change from time to time) for dividing and billing the utilities among the tenants of the Dwelling and which includes a monthly administration processing fee not in excess of $5.00 per invoice per Tenant. Tenant acknowledges that if any tenant in the Dwelling fails to sign up with the Utility Servicer, then the tenants of the Dwelling must change all utilities into their name and be responsible for paying all utility or service charges directly to the utility provider. Should Tenant or Tenant's roommate not fulfill this obligation to either sign an agreement with Utility Servicer or transfer services before the lease Term commencement or cause it to be transferred back into Landlord's name before surrendering the Dwelling, Tenant will be liable for a $50 charge plus the actual or estimated cost of the utilities used while the utility should have been connected in Tenant's name or that of a roommate. Landlord will provide cable, internet, lawn care and landscaping. Landlord and Agent make no representations and hereby disclaim any and all warranties expressed or implied with respect to the services, including, without limitation, those warranties concerning merchantability and fitness for a particular purpose or use, whether made allegedly by Landlord or Agent, whether in writing or otherwise, except as otherwise explicitly included in this Lease Agreement, or in in written documentation otherwise signed by the parties hereunder. Further, to the purveyors extent permitted by Prevailing Law, neither Landlord nor Agent shall be liable for loss or damages resulting from the interruption of such servicesheat, all charges, surcharges, taxes and other fees, including installation and hookup charges (however denominated) for gaselectricity, water, sewer, telephone, cable TV, internet or any other utility services, or for the malfunction of machinery or appliances serving the Leased Premises, Dwellings or any part of the Neighborhood. Neither Landlord nor Agent shall be liable for injury or damage to person or property caused by any defect in the heating, gas, electricity, telephone and water, or sewer systems serving the Neighborhood. In no event shall Landlord or Agent be liable for damages or injury to persons or property caused by wind, rain, fire, or other utility services used in the Premises during the lease term and separately metered to Tenant. If any such charges are not paid when due, Landlord may pay the samenatural damages, and any amount so paid by Landlord shall 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 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 line. 12.02 See Addendum If Landlord shall elect to furnish any utility services to the Premises, Tenant shall purchase its requirements thereof from Landlord so long as the rates charged therefor by Landlord do not exceed those which Tenant would be required to pay on an individual basis if such services were furnished to it directly by a public utility. Any such payments shall be based on usage by Tenant and shall be made monthly or on such other periodic basis as is determined by Landlord. Landlord may discontinue, without notice, any utility service being furnished by Landlord if Tenant fails to pay, when due, the bills hereby expressly waives all claims for such service or any rent payable by Tenant hereunder. 12.03 See Addendum Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service being furnished to the Premises and no such failure or interruption shall entitle Tenant to terminate this leaseinjury, loss, or to an abatement of the rent due hereunderdamage and AGREES TO INDEMNIFY LANDLORD AND AGENT AGAINST ANY AND ALL CLAIMS OF INJURY OR DAMAGE AS MAY BE ASSERTED BY ANY GUEST OR INVITEE OF TENANT.

Utility Services. UTILITY CHARGES Section 12.01 Tenant shall payA. Lessor agrees to cause to be provided as part of the Leasehold Improvements (as hereinafter defined) mains, conduits and other facilities which are capable of supplying electricity, gas, water and sewer service to the purveyors Premises in substantial accordance with the specifications attached hereto as Exhibit "F". Lessee hereby acknowledges the limits of the design standard of the electrical service to be furnished to the Premises as reflected on the specifications attached hereto as Exhibit "F" and, if additional capacity or wiring is required by Lessee, Lessee, after obtaining Lessor's approval with respect to the same, shall install such servicesadditional capacity or wiring at Lessee's own expense, provided it is permitted under State and Local code. Lessee shall pay for all charges, surcharges, taxes and other fees, including installation and hookup charges (however denominated) for gas, water, sewer, electricity, telephone water and other utility services used in sewer service provided to the Premises during the lease term and all such utilities shall be separately metered to Tenantthe Premises. B. As part of the Leasehold Improvements, Lessor shall install a system including all duct work to heat, air condition and ventilate the Premises in substantial accordance with the specifications attached hereto as Exhibit "F". If any such charges are not paid when due, Landlord may Lessee shall pay the samecost for all such heating, air conditioning and any amount so paid by Landlord shall 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 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 ventilation service provided by such common line. 12.02 See Addendum If Landlord shall elect to furnish any utility services to the Premises, Tenant including the cost of maintenance, repair and replacement of same. Lessor, at its sole option, may arrange for a preventative maintenance contract for the HVAC units; provided, however, Lessor shall provide Lessee thirty (30) days prior written notice of its intent to so arrange for a preventive maintenance contract for the HVAC units. The costs for such a maintenance contract will become a part of the Common Area costs and expenses. Lessee will also carry insurance covering said equipment which may be self-insured as provided herein and will provide proof of insurance satisfactory to Lessor on said equipment upon occupancy. ▇. ▇▇▇▇▇▇ may, if it so elects, furnish one or more utility services to Lessee, and in such event Lessee shall purchase its requirements thereof the use of such services as are tendered by Lessor, and shall pay within thirty (30) days from Landlord so long receipt of invoice as additional rental the rates charged established therefor by Landlord do Lessor, which shall not exceed those the rates which Tenant would be required to pay on an individual basis charged for the same service if such services were furnished to it directly by a the local public utilityutility companies. Any such payments All said ▇▇▇▇▇▇▇▇ shall be based on usage by Tenant and shall be made monthly or on upon Lessee's actual consumption of such other periodic basis as is determined by Landlordutility services. Landlord Lessor may discontinue, without notice, at any utility service being furnished by Landlord if Tenant fails time upon forty-five (45) days notice to pay, when due, the bills for Lessee discontinue furnishing any such service or any rent payable by Tenant hereunderwithout obligation to Lessee other than to connect the Premises to the public utility, if any, furnishing such service. 12.03 See Addendum Landlord ▇. ▇▇▇▇▇▇ shall not be liable in damages or otherwise for otherwise, nor shall there be an abatement of rents, if the furnishing by any failure or interruption supplier of any utility service being furnished or other service to the Premises and no such failure shall be interrupted or interruption shall entitle Tenant to terminate this leaseimpaired by fire, accident, riot, strike, act of God, the making of necessary repairs or improvements, or to an abatement of the rent due hereunderby any causes beyond Lessor's control.

Utility Services. UTILITY CHARGES Section 12.01 (a) Tenant shall paymake all arrangements for, to and shall provide and pay all charges and deposits required by the purveyors of such services, all charges, surcharges, taxes and other fees, including installation and hookup charges (however denominated) for gasprovider for, water, sewer, gas, boiler water, electricity, telephone and any other utility utilities or services used in or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become due. Tenant shall reimburse Landlord, as Additional Rent, for the cost of installation of any additional metering of the Premises (which was not installed as part of the Base Building Work) for the purpose of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior to or during the lease term 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. 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 to the Premises at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant. (c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively to Tenantthe Premises directly to the applicable service provider. If 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 such charges Utility Services that are not paid when dueeither separately metered or measured by a check meter or submeter (including, Landlord may pay without limitation, HVAC service provided to any portion of the same, and any amount so paid by Landlord shall thereupon become due to Landlord from Tenant as additional rent. If any such service is supplied to Tenant Premises by means of a common line the Building HVAC system rather than HVAC units serving Tenant and other tenants and without a separate meter to measure Tenant's consumptionsolely the Premises), Tenant shall pay Landlordthe 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 additional rent on a periodic basisresult of such survey and such inaccuracies result in an error in the amount billed to Tenant, a reasonable portion, as determined 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 the total cost of the service provided by such common line. 12.02 See Addendum If Landlord shall elect to furnish any utility services survey to the Premisesextent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall purchase its requirements thereof from reimburse Landlord so long 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 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 utilitysurvey outcome. Any such payments dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be based on usage by Tenant and resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made monthly or on such other periodic basis as is determined by Landlord. Landlord may discontinue, without notice, any utility service being furnished by Landlord if Tenant fails with respect to pay, when disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the bills for fiscal year in question (any ▇▇▇▇ not disputed within such service or any rent payable by Tenant hereunder. 12.03 See Addendum 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 in damages or otherwise for any interruption or failure or interruption 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 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 personal property within the Premises and associated with the delivery of Utility Services. (e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service being furnished to the Premises and no such failure or interruption shall entitle Tenant modifications to terminate this lease, or to an abatement the structure of the rent due hereunderUnit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such request.

Utility Services. UTILITY CHARGES Section 12.01 (a) Tenant shall paypay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the purveyors of such servicesPremises, all charges, surcharges, taxes and other together with any fees, including installation surcharges and hookup charges (however denominated) for gas, water, sewer, electricity, telephone taxes thereon charged by the applicable utility provider. Electricity and other utility services used in gas supplied to the Premises during shall each be separately metered, and chilled water and HVAC airflow for the lease term Laboratory Systems shall be separately submetered or check metered. Tenant shall be entitled to use up to fourteen (14) ▇▇▇▇▇ per usable square foot of the Laboratory Portion of the Premises and up to six (6) ▇▇▇▇▇ per usable square foot of the Office Portion of the Premises of electrical power. ACTIVE/91437610.6 Tenant shall be responsible for procuring and paying for separately metered utilities directly to Tenantthe provider of the utilities. If any such charges are utility is not paid when due, Landlord may pay the same, and any amount so paid by Landlord shall thereupon become due separately metered or submetered to Landlord from Tenant as additional rent. If any such service is supplied to Tenant by means of a common line serving Tenant and other tenants and without a separate meter to measure Tenant's consumption, Tenant shall pay Landlordeither Tenant’s pro rata share, as additional rent on a periodic basisthe case may be, a reasonable portionof 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 purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent, unless such separate meters or submeters are installed as part of the total Tenant Work, in which event the cost of installation shall be included in the service cost of such work. Landlord may base its bills for utilities on reasonable estimates; provided by that Landlord adjusts such common line▇▇▇▇▇▇▇▇ to reflect the actual cost of providing utilities to the Premises no less than quarterly. To the extent that Tenant uses more than Tenant’s Laboratory Share of any utilities attributable to the Laboratory Systems or more than Tenant’s Pro Rata Share of the Office Portion of any utilities attributable to the Building Systems, then Tenant shall pay Landlord for Tenant’s increased share of such utilities to reflect such excess. 12.02 See Addendum If Landlord (b) Tenant shall elect be responsible for the installation of the following check meters (i) the standard flow meter on each floor at the capped connection for non-potable cold water, (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 furnish 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 be responsible for the ongoing repair and maintenance of any Tenant Installed Checkmeters. Tenant shall also be responsible for providing bus tap, meter and meter socket at each floor for direct utility services metering and an electronic check meter for tenant equipment connected to the Generator. In the event Tenant requires natural gas on any floor within the Premises, Tenant shall purchase its requirements thereof from Landlord so long as the rates charged therefor by Landlord do not exceed those which Tenant would be required to pay on an individual basis if such services were furnished request gas service installation from the utility provider and would be billed directly with a separate meter. Notwithstanding anything to it directly by a public utility. Any such payments the contrary contained herein, in no event shall Tenant be based on usage 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 made monthly 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 on such other periodic basis as is determined 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. Landlord may discontinue. (d) In the event any governmental entity promulgates or revises any Law, without noticeor 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 being furnished by Landlord if 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 fails agrees to payprovide, when duewithin 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 bills for such service City of Boston or any rent payable other governmental authority with jurisdiction over the Building, which information shall include, without limitation, usage at or by the Premises of electricity, natural gas, steam, hot or chilled water or other energy. Neither Landlord’s actions nor its failure to act shall entitle Tenant hereunder. 12.03 See Addendum Landlord 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 office/retail buildings, and requirements necessitating curtailment of the volume of energy consumption or the hours of operation of the Building. Any terms or conditions of this Lease that conflict or interfere with compliance with such controls or requirements shall be suspended for the duration of such controls or requirements. Compliance with such controls or requirements shall not be liable in damages considered an eviction, actual or otherwise for any failure or interruption constructive, of any utility service being furnished to Tenant from the Premises and no such failure or interruption shall not entitle Tenant to terminate this lease, Lease or to an abatement of the rent due any Rent payable hereunder.

Utility Services. UTILITY CHARGES Section 12.01 (a) Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m. and Saturdays from 8:00 a.m. to 1:00 pm., furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation and an electrical load not exceeding 3.0 ▇▇▇▇▇ per square foot of Premises Rentable Area. If Tenant shall payrequire air conditioning, heating or ventilation outside the hours and days above specified, Landlord may furnish such service and Tenant shall pay therefor such charges as may from time to time be in effect for the Building upon demand as Additional Rent. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system's ability to perform adequately its proper functions, supplementary systems may, if and as needed, at Landlord's option, be provided by Landlord, and the cost of such supplementary systems shall be payable by Tenant to Landlord upon demand as Additional Rent. (b) Tenant shall be responsible for the payment of all utilities used and consumed in the Premises. Tenant shall pay for all separately metered utilities used and consumed in the Premises directly to the purveyors provider thereof. Landlord shall charge Tenant the Cost of Tenant's Electricity for Lights and Plugs set forth in Section 1.1 above, plus Tenant's Proportionate Share of the electricity and natural gas used in connection with the HVAC system for the Building. Landlord expressly reserves the right to periodically adjust the cost for electricity according to market conditions. From time to time, but not more than once per calendar month, Landlord shall invoice Tenant for electricity used and consumed in the Premises as measured by the applicable method described above. Tenant shall pay Landlord such services, all charges, surcharges, taxes amounts as Additional Rent hereunder within thirty (30) days after receipt of each such invoice. The obligation to pay for electricity used and other fees, including installation and hookup charges (however denominated) for gas, water, sewer, electricity, telephone and other utility services used consumed in the Premises during the lease term last month of the Term hereof shall survive expiration of the Term. Landlord shall purchase and separately metered install, at Tenant's expense, all lamps, tubes, bulbs, starters and ballasts. In order to Tenant. If any such charges assure that the foregoing requirements are not paid when dueexceeded and to avert possible adverse effect on the Building's electric system, Tenant shall not, without Landlord's prior consent, connect any fixtures, appliances or equipment to the Building's electric distribution system other than personal computers, facsimile transceivers, typewriters, pencil sharpeners, adding machines, photocopiers, word and data processors, clocks, radios, hand-held or desk top calculators, dictaphones, desktop computers, vending machines, microwave ovens and other similar electrical equipment normally found in business offices and not drawing more than 15 amps at 120/208 volts. (c) From time to time during the Term of this Lease, Landlord shall have the right to have an electrical consultant selected by Landlord make a survey of Tenant's electric usage, the result of which survey shall be conclusively binding upon Landlord and Tenant, provided, however, Landlord may pay not conduct more than two (2) of such surveys in any calendar year. In the sameevent that such survey shows that Tenant has exceeded the requirements set forth in paragraph (b), and in addition to any amount so paid by other rights Landlord shall 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 other tenants and without a separate meter to measure Tenant's consumptionmay have hereunder, Tenant shall pay Landlordshall, as additional rent on a periodic basisupon demand, a reasonable portionreimburse Landlord for the cost of such survey and the cost, as determined by Landlordsuch consultant, of electricity usage in excess of such requirements as Additional Rent. Tenant, at its sole cost and expense, shall have the total cost of right to conduct its own survey in the service provided by such common lineevent it disagrees with Landlord's determination. 12.02 See Addendum If Landlord shall elect to furnish any utility services to the Premises, Tenant shall purchase its requirements thereof from Landlord so long as the rates charged therefor by Landlord do not exceed those which Tenant would be required to pay on an individual basis if such services were furnished to it directly by a public utility. Any such payments shall be based on usage by Tenant and shall be made monthly or on such other periodic basis as is determined by Landlord. Landlord may discontinue, without notice, any utility service being furnished by Landlord if Tenant fails to pay, when due, the bills for such service or any rent payable by Tenant hereunder. 12.03 See Addendum Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service being furnished to the Premises and no such failure or interruption shall entitle Tenant to terminate this lease, or to an abatement of the rent due hereunder.

Utility Services. UTILITY CHARGES SectionA. Tenant pays for: • Gas (if applicable) • Electric • Water/Sewer/Stormwater • Cable TV • Internet 12.01 B. Tenant shall pay, to are responsible for all utilities associated with property. Utilities not paid by ▇▇▇▇▇▇ when due become additional rent for 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 next month’s rent. C. Tenants will be charged in the Premises during portal on a monthly basis for water usage. Usage charged to tenants will be commensurate with each dwelling’s usage and billing. If it is determined at the end of the lease term and separately metered to Tenantthat a tenant has overpaid for actual water usage, tenants will be refunded as part of the security deposit return process. If any such charges are Underpayments will also be assessed at this time. Water Bills not paid when due, Landlord may pay in full by Tenant will accrue late fees in the same, and any amount so of $15 per month until paid by Landlord in full. D. (If applicable) Tenant acknowledges responsibility for payment of all bills for gas consumed upon the premises. Tenant shall thereupon become provide proof of payment every month of all outstanding balances due to Landlord from Tenant as additional rentthe Philadelphia Gas Works (PGW). If any such service is supplied Failure of tenant to Tenant by means pay all bills, or failure to present proof of a common line serving Tenant and other tenants and without a separate meter to measure Tenant's consumptionpayment (if requested), shall be cause for eviction. Tenant shall pay Landlord, as additional rent on a periodic basis, a reasonable portion, as determined by Landlord, provide to Owner information regarding all occupants of the total cost of premises and such other information as may from time to time be required by the service provided by such common line. 12.02 See Addendum If Landlord Philadelphia Gas Works. Tenant shall elect to furnish any utility services provide immediate access to the Premises, Tenant rental unit for purposes of utility shut off if the Philadelphia Gas Works advises that the gas is scheduled to be shut off for nonpayment. Such circumstance shall purchase its requirements thereof from Landlord so long be considered an emergency warranting removal by the Owner of locks and such forcible entry as the rates charged therefor by Landlord do not exceed those which Tenant would may be required to pay on an individual basis if such services were furnished provide the PGW technician with access to it directly by a public utilitygas meter. Any such payments Tenant shall be based on usage responsible for all costs of repair to the property if forcible entry is required to provide access by Owner or a Philadelphia Gas Works employee. Tenant is advised that such damages can be avoided by providing access to the Owner and or PGW upon demand. Failure by tenant to pay the gas bill when due shall allow Owner to deduct the amount of any unpaid utility bill from tenant's security deposit. Failure of tenant to repay the amount of the security deducted upon demand shall be made monthly or on such other periodic basis further grounds for eviction as is determined by Landlord. Landlord may discontinue, without notice, any utility service being furnished by Landlord if Tenant fails to pay, when due, the bills for such service or any rent payable by Tenant hereundera breach of this lease agreement. 12.03 See Addendum Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service being furnished to the Premises and no such failure or interruption shall entitle Tenant to terminate this lease, or to an abatement of the rent due hereunder.

Utility Services. UTILITY CHARGES Section 12.01 Tenant shall paybe liable for paying for any and all utility or service charges in the manner described herein. Monthly charges with respect to electric utility services will be divided among all Tenants in the apartment, based on the number of occupants and number of days of occupancy in the billing period, and presented to Tenant by Landlord’s third party billing provider (the “Utility Servicer”). Monthly charges with respect to water utility services will also be divided among all Tenants in the apartment, based on the number of occupants and number of days of occupancy in the billing period, and presented to Tenant by the Utility Servicer. Tenant’s pro- rata share of such charges shall be billed monthly as Tenant’s electric ▇▇▇▇. Tenant’s electric ▇▇▇▇ is not a part of Tenant’s Rent and will be paid separately from Rent. Tenant shall have 25 days to pay any amounts, after which Landlord may assess a late fee of 1% of the amount in arrears. Such obligations will exist for the entire Term of this Lease whether or not Tenant occupies the Dwelling. The electric services and the water/sewer will each be direct metered. Landlord shall also charge a $5.00 fee per month to Tenant for the valet trash collection service provided to the Dwelling, which will be billed and collected by the Utility Servicer. Each tenant of the Dwelling, including Tenant, is required to enter into an agreement Utility Servicer (which may change from time to time) for dividing and billing the utilities among the tenants of the Dwelling and which includes a monthly administration processing fee not in excess of $5.00 per invoice per Tenant. Tenant acknowledges that if any tenant in the Dwelling fails to sign up with the Utility Servicer, then the tenants of the Dwelling must change all utilities into their name and be responsible for paying all utility or service charges directly to the utility provider. Should Tenant or Tenant's roommate not fulfill this obligation to either sign an agreement with Utility Servicer or transfer services before the lease Term commencement or cause it to be transferred back into Landlord's name before surrendering the Dwelling, Tenant will be liable for a $50 charge plus the actual or estimated cost of the utilities used while the utility should have been connected in Tenant's name or that of a roommate. Landlord will provide cable, internet, lawn care and landscaping. Landlord and Agent make no representations and hereby disclaim any and all warranties expressed or implied with respect to the services, including, without limitation, those warranties concerning merchantability and fitness for a particular purpose or use, whether made allegedly by Landlord or Agent, whether in writing or otherwise, except as otherwise explicitly included in this Lease Agreement, or in in written documentation otherwise signed by the parties hereunder. Further, to the purveyors extent permitted by Prevailing Law, neither Landlord nor Agent shall be liable for loss or damages resulting from the interruption of such servicesheat, all charges, surcharges, taxes and other fees, including installation and hookup charges (however denominated) for gaselectricity, water, sewer, telephone, cable TV, internet or any other utility services, or for the malfunction of machinery or appliances serving the Leased Premises, Dwellings or any part of the Neighborhood. Neither Landlord nor Agent shall be liable for injury or damage to person or property caused by any defect in the heating, gas, electricity, telephone and water, or sewer systems serving the Neighborhood. In no event shall Landlord or Agent be liable for damages or injury to persons or property caused by wind, rain, fire, or other utility services used in the Premises during the lease term and separately metered to Tenant. If any such charges are not paid when due, Landlord may pay the samenatural damages, and any amount so paid by Landlord shall 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 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 line. 12.02 See Addendum If Landlord shall elect to furnish any utility services to the Premises, Tenant shall purchase its requirements thereof from Landlord so long as the rates charged therefor by Landlord do not exceed those which Tenant would be required to pay on an individual basis if such services were furnished to it directly by a public utility. Any such payments shall be based on usage by Tenant and shall be made monthly or on such other periodic basis as is determined by Landlord. Landlord may discontinue, without notice, any utility service being furnished by Landlord if Tenant fails to pay, when due, the bills hereby expressly waives all claims for such service or any rent payable by Tenant hereunder. 12.03 See Addendum Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service being furnished to the Premises and no such failure or interruption shall entitle Tenant to terminate this leaseinjury, loss, or to an abatement of the rent due hereunderdamage and AGREES TO INDEMNIFY LANDLORD AND AGENT AGAINST ANY AND ALL CLAIMS OF INJURY OR DAMAGE AS MAY BE ASSERTED BY ANY GUEST OR INVITEE OF TENANT.

Utility Services. UTILITY CHARGES Section 12.01 (a) Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m. and Saturdays from 8:00 a.m. to 1:00 p.m., furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation and an electrical load not exceeding 3.0 ▇▇▇▇▇ per square foot of Premises Rentable Area. If Tenant shall payrequire air conditioning, heating or ventilation outside the hours and days above specified, Landlord may furnish such service and Tenant shall pay therefor such charges as may from time to time be in effect for the Building upon demand as Additional Rent. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system's ability to perform adequately its proper functions, supplementary systems may, if and as needed, at Landlord's option, be provided by Landlord, and the cost of such supplementary systems shall be payable by Tenant to Landlord upon demand as Additional Rent. (b) Tenant shall be responsible for the payment of all utilities used and consumed in the Premises. Tenant shall pay for all separately metered utilities used and consumed in the Premises directly to the purveyors provider thereof. Landlord shall charge Tenant, Tenant's Proportionate Share of the electricity and natural gas used in connection with the HVAC system for the Building. Electricity for lights and plugs in the Premises shall be charged back to Tenant by Landlord based on the Tenant's use and consumption thereof. From time to time, but not more than once per calendar month, Landlord shall invoice Tenant for electricity used and consumed in the Premises as measured by the applicable method described above. Tenant shall pay Landlord such services, all charges, surcharges, taxes amounts as Additional Rent hereunder within thirty (30) days after receipt of each such invoice. The obligation to pay for electricity used and other fees, including installation and hookup charges (however denominated) for gas, water, sewer, electricity, telephone and other utility services used consumed in the Premises during the lease term last month of the Term hereof shall survive expiration of the Term. Landlord shall purchase and separately metered install, at Tenant's expense, all lamps, tubes, bulbs, starters and ballasts. In order to Tenant. If any such charges assure that the foregoing requirements are not paid when due, Landlord may pay exceeded and to avert possible adverse effect on the same, and any amount so paid by Landlord shall 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 other tenants and without a separate meter to measure TenantBuilding's consumptionelectric system, Tenant shall pay not, without Landlord's prior consent, as additional rent on connect any fixtures, appliances or equipment to the Building' s electric distribution system other than personal computers, facsimile transceivers, typewriters, pencil sharpeners, adding machines, photocopiers, word and data processors, clocks, radios, hand-held or desk top calculators, dictaphones, desktop computers and other similar small electrical equipment normally found in business offices and not drawing more than 15 amps at 120/208 volts. (c) From time to time during the Term of this Lease, Landlord shall have the right to have an electrical consultant selected by Landlord make a periodic basissurvey of Tenant' s electric usage, a reasonable portionthe result of which survey shall be conclusively binding upon Landlord and Tenant. In the event that such survey shows that Tenant has exceeded the requirements set forth in paragraph (b), in addition to any other rights Landlord may have hereunder, Tenant shall, upon demand, reimburse Landlord for the cost of such survey and the cost, as determined by Landlordsuch consultant, of the total cost electricity usage in excess of the service provided by such common linerequirements as Additional Rent. 12.02 See Addendum If Landlord shall elect to furnish any utility services to the Premises, Tenant shall purchase its requirements thereof from Landlord so long as the rates charged therefor by Landlord do not exceed those which Tenant would be required to pay on an individual basis if such services were furnished to it directly by a public utility. Any such payments shall be based on usage by Tenant and shall be made monthly or on such other periodic basis as is determined by Landlord. Landlord may discontinue, without notice, any utility service being furnished by Landlord if Tenant fails to pay, when due, the bills for such service or any rent payable by Tenant hereunder. 12.03 See Addendum Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service being furnished to the Premises and no such failure or interruption shall entitle Tenant to terminate this lease, or to an abatement of the rent due hereunder.

Utility Services. UTILITY CHARGES Section 12.01 Tenant The Premises shall pay, 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 during the lease term and be separately metered to Tenantfor electricity as part of the Tenant Improvements. If any such charges are not paid when due, Landlord may pay the same, and any amount so paid by Landlord shall 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 other tenants and without a separate meter to measure Tenant's consumptionThereafter, Tenant shall be solely responsible for contracting with the appropriate utility companies to obtain electrical service and shall promptly pay all charges (including hook-up and impact fees) for electricity used, consumed or provided in, furnished to or attributable to the Premises at the rates charged by the supplying utility companies and, connection with Landlord’s energy usage disclosure requirements under California law, (A) Tenant hereby authorizes Landlord to obtain information regarding Tenant's utility and energy usage at the Premises directly from the applicable utility providers and Tenant shall execute, within ten (10) days of Landlord's request, any commercially reasonable additional documentation required by any applicable utility provider evidencing such authorization, (B) within ten (10) days of Landlord's request, Tenant shall provide to Landlord all commercially reasonable requested information regarding Tenant's utility and energy usage at the Premises, and (C) within ten (10) days after the written request of Landlord following the close of each calendar quarter during the Lease Term, Tenant shall deliver to Landlord copies of its electricity bills for the immediately preceding three (3) month period. Should Landlord elect to supply any or all of such utilities (and the parties acknowledge that Landlord will supply water and gas service to the Premises), Tenant agrees to purchase and pay for the same as Additional Rent as apportioned by Landlord. The rate to be charged by Landlord to Tenant shall not exceed the rate charged to Landlord by any supplying utility. Landlord will notify Tenant of this charge promptly after it becomes known. This charge will increase or decrease with current charges being levied against Landlord, the Premises or the Real Property by the local utility company, and will be due as additional rent on a periodic basisAdditional Rent. Tenant shall reimburse Landlord within ten (10) business days of billing for fixture charges and/or water tariffs, a reasonable portionif applicable, as determined which are charged to Landlord by local utility companies or, at Landlord’s option, of such charges shall be included in Operating Expenses. Additionally, Tenant shall, at Tenant’s sole cost and expense, beginning after the total cost of date it opens for business from the service provided by such common line. 12.02 See Addendum If Landlord shall elect to furnish any utility Premises, provide janitorial services to the PremisesPremises at least five (5) days per week (but not on any weekends or state or federal holidays); however, Tenant Landlord shall purchase its requirements thereof from Landlord so long as have the rates charged therefor by Landlord do right (i) to approve Tenant’s janitorial contractor (which approval shall 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 unreasonably withheld, conditioned or delayed), and shall be made monthly or on such other periodic basis as is determined by Landlord. Landlord may discontinue, without notice, any utility service being furnished by Landlord (ii) if Tenant fails to pay, when due, the bills for provide such service or any rent payable by Tenant hereunder. 12.03 See Addendum Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service being furnished janitorial services to the Premises within ten (10) business days after written demand by Landlord, to provide such janitorial services for Tenant’s benefit and no Tenant shall reimburse Landlord for its costs incurred to provide such failure or interruption shall entitle Tenant to terminate this leasejanitorial services within ten (10) business days after receipt of Landlord’s invoice therefor, or to an abatement along with a copy of the rent due hereunderinvoice from the janitorial service provider.

Utility Services. UTILITY CHARGES Section 12.01 A. Tenant shall pay, to the purveyors be solely responsible for and promptly and timely pay all charges for use or consumption 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 or consumed within the Premises during the lease term and separately metered to TenantPremises. If any such charges are not paid when due, Landlord may may, at its option, pay the same (but Landlord shall have not obligation to pay same), and any amount so paid by Landlord shall thereupon become due to Landlord from Tenant as additional rentAdditional Rent. If the Premises have separate meters for gas and electricity, Tenant will be the responsible party on the utility bill. Landlord reserves the right to install flow meters on the water lines and charge Tenant accordingly for its use of water. In no event shall Landlord be liable for an interruption or failure in the supply of any such utilities to the Premises, including any interruption resulting from Tenant=s failure to pay Landlord or the utility provider for the service to the Premises, it being acknowledged by Tenant that Landlord is supplied under no obligation to advance such cost for Tenant by means of a common line serving in the event Tenant and other tenants and without a separate meter fails to measure Tenant's consumption, pay same. Tenant shall pay Landlord, as additional rent on a periodic basis, a reasonable portion, as determined by Landlord, also be required prior to taking possession of the total cost of Premises to pay to Landlord any and all water connection charges, any metering charges and all other utility fees and utility allocation expenses for the Premises if Landlord has been required by the governing municipality to pay these charges. In the event Landlord bears any responsibility to the utility provider for service being provided by such common line. 12.02 See Addendum If Landlord shall elect to furnish any utility services to the Premises, Tenant shall purchase its requirements thereof from Landlord so long as the rates charged therefor by Landlord do not exceed those which Tenant would be required to pay on deliver to Landlord a sum of money equal to the estimated cost of two month=s service or an individual basis if such services were furnished amount equal to it directly the deposit normally required by the utility provider for a public utility. Any such payments shall be based on usage by Tenant and shall be made monthly or on such other periodic basis similar space as is determined by Landlord, which amount Landlord shall hold as an additional security deposit and which Landlord shall deliver to Tenant at the end of the Lease Term provided Tenant has paid in full all utility service to the Premises. B. In the event of imposition of any government controls, rules, regulations, or restrictions on the use or consumption of energy or other utilities during the term of this Lease, both Landlord and Tenant shall be bound thereby. In the event of a difference in interpretation by ▇▇▇▇▇▇▇▇ and Tenant of any such controls, ▇▇▇▇▇▇▇▇’s interpretation shall prevail, and Landlord may discontinueshall have the right to enforce compliance therewith, including, without noticelimitation, the right of entry into the Premises to effect compliance. C. The parties acknowledge that safety and security devices, services, and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts or ensure safety of persons or property. The risk that any utility service being furnished safety or security device, service, or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests; and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord if Tenant fails to pay, when due, the bills for such service or any rent payable required by Tenant hereunderLaw. 12.03 See Addendum Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service being furnished to the Premises and no such failure or interruption shall entitle Tenant to terminate this lease, or to an abatement of the rent due hereunder.

Utility Services. UTILITY CHARGES SectionA. Tenant pays for: • Gas (if applicable) • Electric • Water/Sewer/Stormwater • Cable TV • Internet 12.01 B. Tenant shall pay, to are responsible for all utilities associated with property. Utilities not paid by Tenant when due become additional rent for 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 next month’s rent. C. Tenants will be charged in the Premises during portal on a monthly basis for water usage. Usage charged to tenants will be commensurate with each dwelling’s usage and billing. If it is determined at the end of the lease term and separately metered to Tenantthat a tenant has overpaid for actual water usage, tenants will be refunded as part of the security deposit return process. If any such charges are Underpayments will also be assessed at this time. Water Bills not paid when due, Landlord may pay in full by Tenant will accrue late fees in the same, and any amount so of $15 per month until paid by Landlord in full. D. (If applicable) Tenant acknowledges responsibility for payment of all bills for gas consumed upon the premises. Tenant shall thereupon become provide proof of payment every month of all outstanding balances due to Landlord from Tenant as additional rentthe Philadelphia Gas Works (PGW). If any such service is supplied Failure of tenant to Tenant by means pay all bills, or failure to present proof of a common line serving Tenant and other tenants and without a separate meter to measure Tenant's consumptionpayment (if requested), shall be cause for eviction. Tenant shall pay Landlord, as additional rent on a periodic basis, a reasonable portion, as determined by Landlord, provide to Owner information regarding all occupants of the total cost of premises and such other information as may from time to time be required by the service provided by such common line. 12.02 See Addendum If Landlord Philadelphia Gas Works. Tenant shall elect to furnish any utility services provide immediate access to the Premises, Tenant rental unit for purposes of utility shut off if the Philadelphia Gas Works advises that the gas is scheduled to be shut off for nonpayment. Such circumstance shall purchase its requirements thereof from Landlord so long be considered an emergency warranting removal by the Owner of locks and such forcible entry as the rates charged therefor by Landlord do not exceed those which Tenant would may be required to pay on an individual basis if such services were furnished provide the PGW technician with access to it directly by a public utilitygas meter. Any such payments Tenant shall be based on usage responsible for all costs of repair to the property if forcible entry is required to provide access by Owner or a Philadelphia Gas Works employee. Tenant is advised that such damages can be avoided by providing access to the Owner and or PGW upon demand. Failure by tenant to pay the gas ▇▇▇▇ when due shall allow Owner to deduct the amount of any unpaid utility ▇▇▇▇ from tenant's security deposit. Failure of tenant to repay the amount of the security deducted upon demand shall be made monthly or on such other periodic basis further grounds for eviction as is determined by Landlord. Landlord may discontinue, without notice, any utility service being furnished by Landlord if Tenant fails to pay, when due, the bills for such service or any rent payable by Tenant hereundera breach of this lease agreement. 12.03 See Addendum Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service being furnished to the Premises and no such failure or interruption shall entitle Tenant to terminate this lease, or to an abatement of the rent due hereunder.

Utility Services. UTILITY CHARGES SectionSection 3.01. Lessee agrees to pay, or cause to be paid, as additional rent, all charges for Lessee’s utilities, including, without limiting the generality of the foregoing, heat, air conditioning, 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, as the space is separately metered, it being agreed that electricity to power the heat pumps producing heating and air conditioning to the Demised Premises, and electricity to the Demised Premises will be paid for by the Lessee and, as applicable, thermostatically controlled by Lessee. However, if such usage is 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 by Lessee as billed with a final accounting based upon actual bills every six (6) months. In the event Lessee is billed directly by the utility company for separately metered utilities, then Lessee shall pay such bills directly to the utility company and such payments shall not be considered additional rent, unless and until such time as Lessee is billed by Lessor for its electricity at which time all charges for utilities will be considered as additional rent. 12.01 Tenant shall paySection 3.02. Lessor agrees to furnish reasonable heat and air conditioning (HVAC) to the Demised Premises, common hallways and lavatories during normal business hours on regular business days during the heating or air conditioning season, as applicable, to light common passageways twenty-four (24) hours a day, to provide hot water to lavatories, and to furnish reasonable cleaning services, including vacuuming and emptying ashtrays and wastebaskets throughout the Building (including the Demised Premises) and clean common areas, common area glass, common lavatories and glass main entry doorways to the Demised Premises Mondays through Fridays, in substantially the same fashion as furnished in similar buildings in the City of Cambridge all subject to interruption due to accident, to the purveyors making of such servicesrepairs, all chargesalterations or improvements, surchargesto labor difficulties, taxes and other fees, including installation and hookup charges (however denominated) for gas, water, sewerto trouble in obtaining fuel, electricity, telephone and other utility services used in service or supplies from the Premises during the lease term and separately metered to Tenant. If any such charges sources from which they are not paid when due, Landlord may pay the same, and any amount so paid by Landlord shall 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 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 line. 12.02 See Addendum If Landlord shall elect to furnish any utility services to the Premises, Tenant shall purchase its requirements thereof from Landlord so long as the rates charged therefor by Landlord do not exceed those which Tenant would be required to pay on an individual basis if such services were furnished to it directly by a public utility. Any such payments shall be based on usage by Tenant and shall be made monthly or on such other periodic basis as is determined by Landlord. Landlord may discontinue, without notice, any utility service being furnished by Landlord if Tenant fails to pay, when due, the bills usually obtained for such service or any rent payable by Tenant hereunder. 12.03 See Addendum Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service being furnished to the Premises and no such failure or interruption shall entitle Tenant to terminate this leasebuilding, governmental restraints, or to an abatement any cause beyond the Lessor’s control. In no event shall Lessor be liable for any interruption or delay in any of the rent due hereunderabove services for any of such causes. For the purposes of this clause, reasonable heat to common areas shall be defined as a minimum of 66 degrees Fahrenheit between the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday and 7:00 a.m. to 1:00 p.m. on Saturday during the months from November through April. Reasonable cooling of common areas shall be provided between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday and 7:00 a.m. to 1:00 p.m. Saturday during the cooling season. Except as noted below, the building will be open for access to the Demised Premises daily, Monday through Friday, between the hours of 7:00 a.m. and 6:00 p.m. and Saturday between the hours of 7:00 a.m. and 1:00 p.m. The Building will be closed from 6:00 p.m. to 7:00 a.m. Monday through Saturday, inclusive, Saturday from 1:00 p.m. to midnight, all day Sunday and on legal, state and federal holidays, at which time the building will be locked and secured with access cards or codes provided to Lessor, Lessee and other tenants. Notwithstanding the foregoing, Lessee shall have access to the Building and Demised Premises every day, 24 hours per day, subject to emergency conditions.

Utility Services. UTILITY CHARGES Section 12.01 Except as otherwise provided in this Section 6.1, Tenant shall paycontract, in its own name, for and pay when due all charges for the cost of all Utilities billed or metered separately to the purveyors of Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such servicescost. Notwithstanding the foregoing, Landlord shall contract in its own name for 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 electrical service to the Premises during (as necessary for the lease term Phase(s) that have been delivered) necessary to comply with the Phasing Plan, and separately metered shall 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, without any ▇▇▇▇-up or premium whatsoever, the “Electrical Costs”), subject to Tenantreimbursement by Tenant for such Electrical Costs in accordance with the terms of this Section 6.1. If any such charges are not paid when due, Landlord may will ▇▇▇▇ Tenant for the Electrical Costs and Tenant shall pay Landlord for the same, as Additional Rent, within thirty (30) days after Landlord’s delivery of a written invoice for the Electrical Costs. Until Landlord delivers to Tenant the final Phase of the Premises, the calculation of Electrical Costs payable by Tenant will be based upon the electrical service consumed by Tenant in the Current 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 amount so Alternate Service Provider shall be paid by Landlord shall thereupon become due to Landlord without reimbursement from Tenant as additional rentTenant. If any such service is supplied to Tenant by means of a common line serving Tenant and other tenants and without a separate meter to measure Tenant's consumption, Tenant shall pay cooperate with Landlord, as additional rent on a periodic basisthe Utility Service Providers, a reasonable portionand any Alternate Service Providers at all times and, as determined by reasonably necessary, shall allow Landlord, of 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 total cost of the Premises as necessary to provide electrical service provided by such common line. 12.02 See Addendum If Landlord shall elect to furnish any utility services to the Premises, Tenant shall purchase its requirements thereof from Landlord so long as the rates charged therefor by Landlord do not exceed those which Tenant would be required to pay on an individual basis if such services were furnished to it directly by a public utility. Any such payments shall be based on usage by Tenant and shall be made monthly or on such other periodic basis as is determined by Landlord. Landlord may discontinue, without notice, any utility service being furnished by Landlord if Tenant fails to pay, when due, the bills for such service or any rent payable by Tenant hereunder. 12.03 See Addendum Landlord shall not be liable in damages or otherwise for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance of the Utilities, except to the extent caused by or arising out of: (a) the negligence or willful misconduct of Landlord or any of Landlord’s Agents; (b) Landlord’s failure to contract for electrical service for the Premises as necessary to comply with the Phasing Plan; or (c) Landlord’s failure to reasonably manage the billing and other administrative obligations associated with the 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 utility service being furnished of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises and no such failure or interruption shall entitle Tenant for any loss, damage or injury to terminate this leaseany property on or in the Premises occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, except to an abatement the extent caused by or arising out of the rent due hereundernegligence or willful misconduct of Landlord or any of Landlord’s Agents. As used in this Lease, the term “Utilities” means water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone and all materials and services or other utilities.

Utility Services. UTILITY CHARGES Section 12.01 Tenant shall pay, to the purveyors of such services, pay all charges, surcharges, taxes and other fees, including installation and hookup charges (however denominated) for gas, water, sewer, electricitygas, telephone and electricity ("UTILITY SERVICE") and any other utility utilities or like services used in 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 during the lease term and 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 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 other tenants and without a separate meter to measure or sub- or "check" meters for measuring Tenant's consumption, consumption of any Utility Services. Tenant shall pay Landlord, all costs and expenses associated with any separately metered utilities (such as additional rent telephone) provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on a periodic basissub-metering or check metering installation directly to Landlord. With respect to any utilities that are sub-metered or check metered, a reasonable portion, as determined Tenant's consumption shall be reasonably estimated by Landlord, . Additional Rent for such utilities may be estimated monthly by Landlord and shall be paid monthly by Tenant as billed with a final accounting based upon actual bills following the conclusion of each fiscal year of the total cost of Building. Tenant shall pay for any and all costs to install and connect Utility Services from the service provided by such common line. 12.02 See Addendum If Landlord shall elect to furnish any utility services Utility Switching Points to the Premises, Tenant shall purchase its requirements thereof from . Landlord so long as the rates charged therefor by Landlord do not exceed those which Tenant would be required to pay on an individual basis if such services were furnished to it directly by a public utility. Any such payments shall be based on usage by Tenant under no obligation as to any Utility Services beyond the foregoing responsibility to bring such Utility Services to the Utility Switching Points and shall be made monthly or on such other periodic basis as is determined by Landlord. Landlord may discontinue, without notice, any utility service being furnished by Landlord if Tenant fails to pay, when due, the bills for such service or any rent payable by Tenant hereunder. 12.03 See Addendum Landlord shall not be liable in damages or otherwise for any interruption or failure or interruption 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 or purchase one or more Utility Services from - 17 - any company or third party providing Utility Services (provided that any such services supplied by an affiliate of Landlord shall be at competitive rates with other providers) ("UTILITY SERVICE PROVIDER"). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility service being furnished to lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and no such failure or interruption shall entitle Tenant to terminate this lease, or to an abatement associated with the delivery of the rent due hereunderUtility Services.