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 (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 Tenant is not ‌ (a) The CIDS/ODS Contractor must: (i) obtain and pay for any Utility Service it needs to perform its obligations under this Contract; (ii) assume the risk of the existence, location, condition and availability of all Utility Services required for the execution of the CIDS/ODS Contractor's Activities; (iii) despite any other provision in default hereunder, Landlord agrees to furnish the Contract to the Premises electricity for contrary, ensure that no Utility Services are: A. damaged or destroyed; or B. disconnected, disrupted, interfered with or interrupted during normal desk top office equipment and normal copying equipmentoperating hours, 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 the performance of the CIDS/ODS Contractor's Activities; (iiv) cooperate and coordinate with the installationowners of all Utility Services, use and implement their requirements as part of the CIDS/ODS Contractor’s Activities and must consult with and keep the Principal fully informed as to the CIDS/ODS Contractor's dealings with the Authorities providing the Utility Services; and (v) indemnify the Principal against any claim, damages, expense, costs, loss, liability, fine or penalty the Principal suffers or incurs arising out of or in any way in connection with any disconnection, interference with, interruption or disruption to any Utility Service arising out of use of or in any equipment way in connection with the furnishing of any CIDS/ODS Contractor's Activities, provided that the CIDS/ODS Contractor's liability to indemnify the Principal will be reduced proportionally to the extent that an act or omission of the foregoing services if beyond Principal or its Associates contributed to the reasonable control claim, damages, expense, costs, loss, liability, fine or penalty. (b) The CIDS/ODS Contractor agrees it is responsible for, and assumes the risk of Landlordall additional work, increased costs and any damages, expense, loss, liability, delay or disruption (ii) failure to furnish or including any delay in furnishing any such services where such failure achieving Construction Completion, Milestone Achievement or delay is caused by accident Completion) it suffers 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 incurs arising out of or injury to property or business, however occurring, through or in any way 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 systemexistence, Landlord reserves the right to install supplementary air conditioning units in the Premises location, condition and the cost thereof, including the cost availability 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 Utility Services required 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 execution 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 TenantCIDS/ODS Contractor's expenseActivities.

Utility Services. Utilities: ----------------------- Provided that Commencing as of the Term Commencement Date, Tenant is not in default hereunder---------------- shall be responsible for obtaining all electric, Landlord agrees to furnish gas, telephone, water and sewer and other utility services to the Premises electricity for normal desk top office equipment and normal copying equipmentTenant shall pay all charges therefor directly to the utility provider. Tenant agrees that its electrical demand requirements shall not adversely affect the Building's electrical system and will not exceed the maximum from time to time permitted under Applicable Laws, and heatingto repair at Tenant's sole cost any damage caused to the electrical system caused by Tenant's failure to observe this requirement. Upon prior notice, ventilation and air conditioning ("HVAC") as required if approved by Landlord in advance, which approval shall not be unreasonably withheld, delayed or conditioned, Tenant may supplement and/or modify Landlord's judgment for existing wires, risers, conduits and other electrical equipment of Landlord to be used to supply electricity to Tenant at 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 BuildingPremises. Landlord shall not be in default hereunder or be liable for obligated to furnish any damages directly or indirectly resulting from, nor shall utilities to the Rent be abated by reason of (i) the installation, use or interruption of Premises. Tenant's use of electrical energy in the Premises shall not at any equipment in connection with time exceed the furnishing capacity of any of the foregoing services if beyond the reasonable control of Landlord, (ii) failure to furnish electrical conductors and equipment in 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 otherwise serving the Premises. Building Any additional feeders or Project if beyond risers to supply Tenant's, or any subtenant's, electrical requirements in addition to those originally installed and all other equipment proper and necessary in connection with such feeders or risers, shall be installed by and at the reasonable control sole cost and expense of Landlord. Landlord shall Tenant, provided that such additional feeders and risers are permissible under Applicable Laws and insurance regulations and the installation of such feeders or risers will not be liable under any circumstances for a loss of cause permanent damage or injury to property the Building or business, however occurring, through cause or in connection create a dangerous condition or unreasonably interfere with the other tenant of the Building (during the period prior to full delivery). 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 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 prior written consent of Landlord, which Landlord may refuseconsent will not be unreasonably withheld, and in the event of consent. Landlord may have installed a water meter delayed 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 expenseconditioned.

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 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 Utility services will be provided and paid for as follows: (a) Tenant will arrange with the applicable public utilities for the furnishing of water, sewer, gas, telephone, internet, cable, and electrical service to the Premises. Tenant shall pay (or cause to be paid) all charges and costs such utility services. Tenant shall also, at its sole cost and expense, procure or cause to be procured any and all necessary permits, licenses or other authorizations required for the lawful and proper use and for the installation and maintenance upon the Premises of wires, pipes, conduits, tubes and other equipment and appliances for use in supplying any such utility service to or upon the Premises. Tenant expressly agrees that Tenant Landlord is not in default hereundernot, Landlord agrees nor shall it be, required to furnish to Tenant or any other occupant of the Premises electricity for normal desk top office equipment and normal copying Premises, during the Lease Term, any water, sewer service, gas, heat, electricity, light, power or any other facilities, equipment, labor, materials or services of any kind whatsoever. The inability of Tenant to obtain or to continue to receive such services for any reason whatsoever will not in any way be construed as a partial or constructive eviction or cause an abatement of rent or relieve Tenant of any of its obligations under this Lease or result in any liability of Landlord to Tenant. (b) Tenant will arrange with a reputable trash collection company for the removal and disposition of all garbage, trash, rubbish and other refuse from the Premises. Tenant will directly pay for such services, and the inability of Tenant to obtain or to continue to receive such services for any reason whatsoever will not in any way be construed as a partial or constructive eviction or cause an abatement of rent or relieve Tenant of any of its obligations under this Lease or result in any liability of Landlord to Tenant. (c) Tenant will operate the heating, ventilation and air conditioning ("HVAC") systems in a proper manner and in any event, so as required in Landlord's judgment for to maintain under all conditions a temperature adequate to prevent the comfortable use and occupancy freezing 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 pipes 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 other damage 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 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 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 that Tenant is not in default hereunder, Landlord agrees to furnish shall provide all Utilities to the Premises electricity for normal desk top office equipment at its sole cost and normal copying equipmentexpense and not as an expense that may be charged, and heatingdirectly or indirectly, 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. Tenant acknowledge that prior to the date hereof, all contracts for Utilities (other than electricity) are entered into and contracted for by Tenant, in Tenant’s own name. Tenant shall cooperate with 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 applicable utility provider to promptly transfer all such contracts to 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’s name. 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: the negligence or willful misconduct or Landlord or Landlord’s Agents. 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 a loss of 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 limitationexcept to the extent caused by or arising out of the negligence or willful misconduct of Landlord or any of Landlord’s Agents. As used in this Lease, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more the term “Utilities” means (i) 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 (a) reasonably sufficient lighting for Tenant’s operations at 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 (b) HVAC service, and (ii) HVAC service sufficient to keep the Premises in a temperature range not of less than 50° Fahrenheit and not more than 90° Fahrenheit (or such other minimum or maximum temperature as required by applicable Law). Access to measure Premises. Tenant, its employees, contractors, agents and invitees shall have access to the amount of water or electric current consumed. The cost of any such meter and of its installationPremises 24 hours per day, 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 metersseven days per week, 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 expense365 days per year.

Utility Services. Utilities: ----------------------- Provided that Tenant is not in default hereunder, Landlord agrees to furnish to shall contract directly with the Premises electricity for normal desk top office equipment and normal copying equipmentproviders thereof for, and heatingpay directly to such providers, ventilation and air conditioning before delinquency, all charges ("HVAC"including (a) 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 installationmeter, use and/or connection fees, hook-up fees or interruption of use of standby fees, and (b) penalties for discontinued or interrupted service) for, water, gas, electricity, telephone, sewer service, waste pick-up and any equipment other utilities, materials or services furnished directly to or used by Tenant in or about the Premises, including in connection with the furnishing of any operation of the foregoing services if beyond Exterior Equipment (collectively, “Utility Services”). Without limiting the reasonable foregoing, Tenant, at its expense, shall provide all trash disposal, janitorial service and customary cleaning (other than exterior window washing) on a regular basis, and all necessary interior pest control service, so that the Premises is kept in a reasonably neat, clean and pest-free condition. Without limiting the foregoing, trash, garbage and other waste shall only be kept in sanitary containers, and all containers and equipment for the storage or disposal of Landlordsuch materials shall be kept in a clean and sanitary condition, and shall be screened from view of neighboring Building Parcels (ii) failure to furnish or delay as defined in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of LandlordProject Declaration), or by the making of necessary repairs or improvements to Residential Parcel (as defined in the PremisesProject Declaration), Building or Projectthe Project Common Areas, 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 Landlordand neighboring streets. Landlord shall provide (or cause to be provided) such janitorial (including exterior window-washing), pest-control and landscaping services for the exterior of the Building and the Common Areas, and such lighting for the Parking Facility (defined in Section 24), as Landlord reasonably determines is appropriate. In addition, Landlord shall continue to provide (or cause to be provided) such roving security patrol for the Parcel II Common Areas (including the Parking Facility) as has been provided by Landlord (and/or the EOP Owner) during the portion of calendar year 2011 preceding the date of mutual execution and delivery of this Lease, as such security patrol may be modified from time to time in Landlord’s (and/or the EOP Owner’s) reasonable discretion in response to changing security conditions. Any interruption or cessation of Utility Services resulting from any cause, including any entry for repairs or any renovation, redecoration or rehabilitation of any area of the Project (each, a “Service Interruption”), shall not be render Landlord liable under to Tenant, constitute a constructive eviction or excuse Tenant from any circumstances for obligation hereunder. Notwithstanding the foregoing, if all or a loss material portion 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 is made untenantable or inaccessible for more than two (2) consecutive business days after notice from 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 a Service Interruption that results from a breach of Landlord’s obligations hereunder, use any apparatus or devise in the Premisesthen, including without limitationas Tenant’s sole remedy, 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 Monthly Rent shall ▇▇▇▇▇ for the use period beginning on the day immediately following such two (2)-business-day period and ending on the day such Service Interruption ends, but only in proportion to the percentage 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 rentable square footage 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 made untenantable 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 expenseinaccessible.