Common use of Building Services Clause in Contracts

Building Services. Lessor shall provide the normal utility service connections to the Building. Lessee shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.

Building Services. (a) Lessor shall provide the normal utility service connections to the Building. Lessee shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and deposits, initial connection chargecharges, all charges for gas, electricity, telephone, water, sprinkler monitoring devices, sanitary and storm sewer service service, and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting)property, Lessor shall make a reasonable determination of Lessee's ’s proportionate share of the cost of such services and Lessee shall pay such share to Lessor within with ten (10) days of receipt of any invoice thereof. In a multi-occupancy Building, Lessor may provide water to the Leased Premises, in which case Lessee agrees to pay to Lessor its Pro Rata Share of the cost of such water. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's ’s use of the sanitary sewer system, but only to the extent that Lessee’s use of the Leased Premises causes a material increase of the maintenance and repair obligations of any such items beyond that which would reasonably be expected to occur by any occupant of the Leased Premises who is using the Leased Premises for general office purposes. If the Leased Premises are in a multi- multi-occupancy Buildingbuilding, Lessee shall pay all surcharges levied due to Lessee's ’s use of sanitary sewer or waste removal services insofar as such surcharges arise from any extraordinary use of the sanitary sewer or waste removal services beyond that which reasonably would be expected if the Leased Premises were used for general office purposes and that affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility serviceservices, supplies or upkeep in connection with the Leased Premises or the Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.

Building Services. Lessor Landlord shall provide furnish Tenant with the normal utility following services (the costs of which shall be included in Expenses, except for such costs that are separately metered or check metered for the Premises, all of which separately metered or check metered costs shall be paid by Tenant as provided below): (a) reasonable quantities of hot and cold water for use in the Base Building restrooms and reasonable quantities of cold water for use in the Premises (provided that Landlord shall deliver the Premises in the baseline condition described in Exhibit J attached hereto and with the Base Building Work substantially complete in accordance with the terms and provisions of this Lease); (b) Base Building gas and customary heat and air conditioning in season during the Building Service Hours at such temperatures and in such amounts that are standard in comparable buildings in the Greater Boston area for laboratory, R&D and office space; (c) standard janitorial service connections for the Common Areas nightly on Business Days (it being acknowledged and agreed that Tenant shall be solely responsible for all cleaning and janitorial services for the Premises per Section 9.01 of this Lease) and the provision of a dumpster at the Building, for the non-exclusive use by Tenant and other Building occupants for disposal of ordinary trash (i.e., non-organic and non-controlled substances that do not constitute Hazardous Materials) (the “Ordinary Trash Dumpster”); (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the BuildingBuilding for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such reasonable protective services or monitoring systems, if any, as Landlord may from time to time reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Lessee To the extent that any of the foregoing utility services for the Premises are separately metered, Tenant shall timely pay the separate charges for such services directly to the appropriate supplier applicable utility company. To the cost extent that any of all the foregoing utility services for the Premises (including, without limitation, air handling units or other HVAC equipment serving the Premises) or any other equipment serving the Premises, whether exclusively or in common, is not metered directly by the utility company to the Leased Premises, Tenant shall pay to Landlord, as Additional Rent, the costs of such utility service (without xxxx-up) by a separate charge payable by Tenant to Landlord based on evidence from the check-meters installed for the Premises or equipment serving the Premises or, for any portion of the Premises or equipment that from time to time does not have operational check-meters, based on reasonable allocations prepared by Landlord’s building engineer for the space and period in question. As part of the Landlord’s performance of the Initial Tenant Work, Landlord shall, at Landlord’s sole cost and expense, install check meters for the Premises for (i) gas, (ii) chilled water and hot water for HVAC service and (iii) as provided in Section 7.02, for electricity. Landlord shall xxxx Tenant monthly for such utility charges based on actual check-meter readings and utility rates for the space and period in question, and Tenant shall pay such charges to Landlord within thirty (30) days after receipt of each invoice. If, at Tenant’s request, Landlord, or an affiliated or third party service provider, provides any services that are not Landlord’s express obligation under this Lease, including, but not limited towithout limitation, any required security deposits and initial connection chargerepairs which are Tenant’s responsibility pursuant to Section 9 below, all charges for gas, electricity, telephone, water, sanitary and storm sewer Tenant shall pay to the applicable service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of provider the cost of such services services. Tenant shall have the right to use the loading dock for Building (including during Tenant’s initial move in to the Premises) on a non- discriminatory basis, subject to any reasonable rules and Lessee shall pay regulations promulgated by Landlord from time to time with respect to such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer systemuse, including permitswithout limitation, fees any scheduling protocols. Landlord currently does not charge tenants a fee for loading dock usage; however, if Landlord determines that Tenant is using the loading dock in a manner that violates Landlord’s rules, regulations and charges levied by any governmental subdivision protocols, then Landlord reserves the right to employ security detail for any such pollutants or solids. Lessee shall be responsible for the installation use by Tenant and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee Tenant shall pay all surcharges levied due the actual cost charged by such security vendor from time to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees time, plus an administrative charge in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part amount of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to twenty percent (i20%) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromcost.

Building Services. Lessor shall provide the normal utility service connections for electricity, gas, water, sewer and telephone to the Building. Lessor shall maintain the parking areas and driveways in good repair and in a neat and clean manner, maintain landscaping around Building and maintain lighting in the parking areas from dusk until xxxx, all in a manner comparable to comparable buildings. Lessee shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and deposits, initial connection chargecharges, all charges for gas, electricity, telephone, water, sprinkler monitoring devices, sanitary and storm sewer service service, and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's ’s use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's ’s use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Buildingservices. Except as set forth herein, Lessor shall not be required to pay for any utility serviceservices, supplies or upkeep in connection with the Leased Premises or the Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly(unless caused by Lessor). No such interruption or failure (unless caused by Lessor) may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the this Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom. Notwithstanding the forgoing, in the event of the interruption of a material and necessary utility service due to the Lessor’s, or Lessor’s agents, employees or contractors negligent actions or omissions, the Lessee shall have the right to xxxxx rent commencing five (5) days following the occurrence of such interruption if such interruption is then continuing and, if such interruption is continuing thirty (30) days following such interruption, Lessee shall have the right to terminate this Lease by written notice to Lessor within ten (10) days following the expiration of such thirty (30) day period.

Building Services. Lessor Landlord shall provide furnish Tenant water at those points of supply provided for general use of other tenants in the normal utility service connections Building (subject to the Building. Lessee shall pay directly terms and provisions of Sections 7.1, 7.2, 8.1 and 8.2 of this Lease), electrical power not to the appropriate supplier the cost exceed at any given time four (4) xxxxx per rentable square foot of all utility services to space in the Leased Premises, includingpest control, but not limited and central heating and air conditioning in season, on business days during Building Standard Hours, and at temperatures and in amounts as are considered by Landlord to be standard or in compliance with any applicable Legal Requirements; provided that heating and air conditioning service at times other than Building Standard Hours shall be furnished by way of overtime heating and air conditioning. In accordance with, and subject to, the terms and provisions set forth below in this Section 4.1, Tenant must notify Landlord at least twenty-four (24) hours in advance of Tenant’s need for overtime heating and air conditioning and Tenant shall bear the entire cost thereof at the rate established by Landlord from time to time (currently, Fifty and No/100 Dollars ($50.00) per hour per half-floor) and will be billed monthly by Landlord. Landlord shall provide routine maintenance, painting and electric lighting service for all Common Areas and for any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer special service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share areas of the cost of such services and Lessee shall pay such share to Lessor within ten Property (10as designated by Landlord) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Buildingmanner and to the extent deemed by Landlord to be standard. Except as set forth Landlord may, in its sole discretion, provide additional services not enumerated herein. Failure by Landlord to any extent to provide these defined services or any other services not enumerated, Lessor or any cessation thereof, shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not render Landlord liable to Lessee in any respect for damages to either personperson or property, property be construed as an eviction of Tenant, work as an abatement of Rent or business on account relieve Tenant from fulfillment of any interruption covenant or failure obligation under this Lease. If any of utilities the equipment or services furnished by Lessor provided that Lessor uses machinery which is useful or necessary for provision of utility services, and for which Landlord is responsible, breaks down or for any cause ceases to function properly, Landlord shall use reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any , but Tenant shall have no claim for abatement of rent, (ii) terminate the Lease, Rent or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent offset or damages on account of such malfunction or of any interruptions interruption in service occasioned thereby or resulting therefromfrom such repairs. Landlord reserves the right from time to time to make changes in the utilities and services provided by Landlord to the Property (including the Leased Premises).

Building Services. Lessor shall provide the normal utility service connections Standard Building Services: Subject to the Building. Lessee full performance by Tenant of all of Tenant’s obligations under this Lease, Landlord shall furnish the Premises with the standard building services and utilities as set forth in the attached Exhibit D. Additional Services: Tenant agrees to immediately pay on demand all reasonable charges imposed by the Landlord from time to time for all building services and utilities supplied to or used by Tenant in excess of or in addition to those standard building services and utilities which Landlord agrees to provide to Tenant in accordance with Exhibit D. Said excess and additional building services and utilities are referred to as “Additional Services” and Landlord may at any time cause a switch and/or metering system to be installed at Tenant’s expenses (which expense Tenant shall pay directly within 10 business days of receipt of an invoice from Landlord covering the installment cost of such switch or metering system) to measure the appropriate supplier amount of building services, utilities and/or Additional Services consumed by Tenant or used in the Premises. In addition, in the event Tenant desires to contest any charges for Additional Services levied by Landlord under this paragraph 8.2, Tenant may, as its sole remedy, have Landlord install in the Premises a switch and/or metering system. Unless it is determined from the switch and/or metering system that the charges for Additional Services levied by Landlord were excessive in relation to Tenant’s actual use of the Additional Services, the cost of any such switch and/or metering system shall be paid for by Tenant, and Tenant agrees to pay Landlord, within five business days, for all such Additional Services consumed as shown by said meters, at the rates charged for such services by the local public or private utility furnishing the same, if applicable, plus any additional expense incurred by Landlord in keeping records or accounts of the Additional Services so consumed. Landlord’s Right To Cease Providing Services: Landlord reserves the right in its sole and absolute discretion with respect to item (i) and it its reasonable discretion with respect to item (ii) to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services to of the Leased Premises, the Building or the Property, for any or all of the following reasons or causes: any accident, emergency, governmental regulation, or Act of God, including, but not limited to, any required security deposits and initial connection chargecause set forth in paragraph 33.13 of this Lease; or the making of any repairs, all charges for gasadditions, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased alterations or improvements to the Premises or property (for examplethe Property until said repairs, exterior lighting)alterations or improvements shall have been completed. No such interruption, Lessor reduction or cessation of any such building services or utilities shall make a reasonable determination constitute an eviction or disturbance of Lessee's proportionate share Tenant’s use or possession of the cost Premises or Property, or an ejection of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt Tenant from the Premises, or a breach by Landlord of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants of its obligations, or solids other than ordinary human waste into the sanitary sewer systemrender Landlord liable for any damages, including permitsbut not limited to any damages, fees and charges levied by any governmental subdivision for any such pollutants compensation or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of claims arising from any interruption or failure cessation of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee Tenant’s business, or entitle Lessee Tenant to (i) be relieved from any abatement of rent, (ii) terminate its obligations under the Lease, or (iii) be relieved from fulfilling result in any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or Rent. In the event of any interruptions in service occasioned thereby such interruption, reduction or resulting therefrom.cessation, Landlord shall use

Building Services. Lessor Landlord shall provide the normal utility water, sewer, electricity and gas service connections to the BuildingLeased Premises. Lessee Tenant shall arrange for connection to such services and pay directly to the appropriate supplier the all cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and deposits, initial connection chargecharges, taxes, penalties, surcharges or the like, all charges for gas, electricity, telephone, water, sprinkler monitoring devices, sanitary and storm sewer service service, and security systems. If any services are jointly metered with other Leased Premises premises or property (for exampleproperty, exterior lighting), Lessor Landlord shall make a reasonable determination of LesseeTenant's proportionate share of the cost of such services and Lessee Tenant shall pay such share to Lessor Landlord within ten (10) days of receipt of any invoice thereof. Lessee Landlord may cause, at Tenant's expense, any utility services which are jointly metered to be separately metered. Tenant shall pay all costs caused by Lessee Tenant introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Tenant shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for LesseeTenant's use of the sanitary sewer system. If the Leased Premises are in a multi- multi-occupancy Building, Lessee Tenant shall pay all surcharges levied due to LesseeTenant's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor Landlord or other Lessees tenants in the Building. Except as set forth herein, Lessor Landlord shall not be required to pay for any utility serviceservices, supplies or upkeep in connection with the Leased Premises or BuildingPremises. Utility services for the common areas Common Areas shall be part of Operating Expenses. Lessee Tenant agrees that Lessor is Landlord shall not be liable to Lessee Tenant in any respect for damages to either person, property or business on account of any interruption or failure of utilities utility services unless resulting from the gross negligence or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptlywillful misconduct of Landlord. No such interruption or failure may be construed as an eviction of Lessee Tenant or entitle Lessee Tenant to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein, provided, if any interruption or failure of utilities is the result of the gross negligence or willful misconduct of Landlord and such condition continues in excess of five (5) business days from the date Tenant notifies Landlord, Base Rent shall abate until the affected utilities are restored to the Leased Premisxx. Should Xhould any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee Tenant above Building standard improvements) occur for any reason, Lessor Landlord shall use reasonable diligence to repair same see that such malfunction is corrected promptly, but Lessee Tenant will not be entitled to any claim for rebate or abatement of rent or damages (except as set forth above) on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.

Building Services. Lessor Landlord shall provide the normal utility water, sewer, electricity and gas service connections to the BuildingLeased Premises. Lessee Tenant shall arrange for connection to such services and pay directly to the appropriate supplier the all cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and deposits, initial connection chargecharges, taxes, penalties, surcharges or the like, all charges for gas, electricity, telephone, water, sprinkler monitoring devices, sanitary and storm sewer service service, and security systems. If any services are jointly metered with other Leased Premises premises or property (for exampleproperty, exterior lighting), Lessor Landlord shall make a reasonable determination of LesseeTenant's proportionate share of the cost of such services and Lessee Tenant shall pay such share to Lessor Landlord within ten (10) days of receipt of any invoice thereof. Lessee Landlord may cause, at Tenant's expense, any utility services which are jointly metered to be separately metered. Tenant shall pay all costs caused by Lessee Tenant introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Tenant shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for LesseeTenant's use of the sanitary sewer system. If the Leased Premises are in a multi- multi-occupancy Building, Lessee Tenant shall pay all surcharges levied due to LesseeTenant's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor Landlord or other Lessees tenants in the Building. Except as set forth herein, Lessor Landlord shall not be required to pay for any utility serviceservices, supplies or upkeep in connection with the Leased Premises or BuildingPremises. Utility services for the common areas Common Areas shall be part of Operating Expenses. Lessee Tenant agrees that Lessor is Landlord shall not be liable to Lessee Tenant in any respect for damages to either person, property or business on account of any interruption or failure of utilities utility services unless resulting from the gross negligence or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptlywillful misconduct of Landlord. No such interruption or failure may be construed as an eviction of Lessee Tenant or entitle Lessee Tenant to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein, provided, if any interruption or failure of utilities is the result of the gross negligence or willful misconduct of Landlord and such condition continues in excess of five (5) business days from the date Tenant notifies Landlord, Base Rent shall xxxxx until the affected utilities are restored to the Leased Premises. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee Tenant above Building standard improvements) occur for any reason, Lessor Landlord shall use reasonable diligence to repair same see that such malfunction is corrected promptly, but Lessee Tenant will not be entitled to any claim for rebate or abatement of rent or damages (except as set forth above) on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.

Building Services. Lessor Landlord shall provide furnish Tenant with the normal utility following services (the costs of which shall be included in Expenses, except for such costs that are separately metered or check metered for the Premises, all of which separately metered or check metered costs shall be paid by Tenant as provided below): (a) reasonable quantities of hot and cold water for use in the Base Building restrooms and reasonable quantities of cold water for use in the Premises; (b) customary heat and air conditioning in season; (c) standard janitorial service connections for the Common Areas nightly on Business Days (it being acknowledged and agreed that Tenant shall be solely responsible for all cleaning and janitorial services for the Premises per Section 9.01 of this Lease); (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the BuildingBuilding for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may from time to time impose, including, without limitation, sign-in procedures and/or presentation of identification cards; (g) maintenance of the exterior areas of the Property, including sweeping, landscaping and snow and ice removal; and (h) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Lessee Landlord warrants and represents that to the best of Landlord’s knowledge all utilities required by this Lease are presently available at the Premises. To the extent that any of the foregoing utility services for the Premises are separately metered, Tenant shall timely pay the separate charges for such services directly to the appropriate supplier applicable utility company. To the cost extent that any of all the foregoing utility services for the Premises (including, without limitation, air handling units or other HVAC equipment serving the Premises) or any other equipment serving the Premises, whether exclusively or in common, is not metered directly by the utility company to the Leased Premises, includingTenant shall pay to Landlord, but not limited toas Additional Rent, any required security deposits and initial connection charge, all charges the costs of such utility service (without mark-up) by a separate charge payable by Tenant to Landlord based on evidence from the check-meters installed for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased the Premises or property (equipment serving the Premises or, for exampleany portion of the Premises or equipment that from time to time does not have operational check-meters, exterior lighting), Lessor based on reasonable allocations prepared by Xxxxxxxx’s building engineer for the space and period in question. Tenant shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay estimated monthly payments for any utility servicecharges payable to Landlord hereunder, supplies in advance on the first day of each month or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction partial month of the improvements or facilities Term, based on amounts estimated by Landlord from time to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur time for any reasonsuch utility charges and provided to Tenant in writing, Lessor shall use reasonable diligence subject to repair same promptly, but Lessee will not be entitled to any claim periodic reconciliations based on actual check-meter readings and utility rates for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.the

Building Services. Lessor Landlord shall provide the normal utility service connections to the Buildingbuilding of which the Premises are a part. Lessee Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premisesservices, including, but not limited to, any required security deposits and initial connection chargecharges, all charges for gas, electricity, telephone, water, sanitary and storm sewer service service, and security systemsfor all electric lights. If any services are jointly metered with other Leased Premises or property (for exampleHowever, exterior lighting)in a multi-occupancy building, Lessor shall make a reasonable determination of Lessee's proportionate Landlord may provide water to the Premises, in which case Xxxxxx agrees to pay to Landlord its pro-rata share of the cost of such water. Landlord may provide utility services and Lessee to provide such services, Landlord shall pay such share to Lessor within ten (10) days only charge, on a pro rata basis, amounts for utility services as charged Landlord by utility companies servicing the building or project of receipt of any invoice thereofwhich the Premises are a part. Lessee Tenant shall pay all costs caused by Lessee Tenant introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Tenant shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for LesseeTenant's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Buildingbuilding, Lessee Tenant shall pay all surcharges levied due to LesseeTenant's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor Landlord or other Lessees tenants in the Buildingbuilding of which the Premises are a part. Except as set forth herein, Lessor Landlord shall not be required to pay for any utility serviceservices, supplies or upkeep in connection with the Leased Premises or Buildingthe building or project of which the Premises are a part. Utility In the event Landlord fails to provide services to tenant as required by this section for the common areas shall be part a continuous period in excess of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or ( ) business days on account of any interruption or a reason within Landlord's control, and such failure materially interferes with Xxxxxx's use and enjoyment of utilities the Premises, Tenant's obligation to pay rent under this Agreement shall be abated from and after such ( ) business day period until such time as Landlord shall recommence providing such service or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromTenant.

Building Services. Lessor Landlord shall provide the normal utility service connections to the Buildingbuilding of which the Premises are a part. Lessee Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premisesservices, including, but not limited to, any required security deposits and initial connection chargecharges, all charges for gas, electricity, telephone, water, sanitary and storm sewer service service, and security systemsfor all electric lights. If any services are jointly metered with other Leased Premises or property (for exampleHowever, exterior lighting)in a multi-occupancy building, Lessor shall make a reasonable determination of Lessee's proportionate Landlord may provide water to the Premises, in which case Tenant agrees to pay to Landlord its pro-rata share of the cost of such water. Landlord may provide utility services and Lessee to provide such services, Landlord shall pay such share to Lessor within ten (10) days only charge, on a pro rata basis, amounts for utility services as charged Landlord by utility companies servicing the building or project of receipt of any invoice thereofwhich the Premises are a part. Lessee Tenant shall pay all costs caused by Lessee Tenant introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Tenant shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for LesseeTenant's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Buildingbuilding, Lessee Tenant shall pay all surcharges levied due to LesseeTenant's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor Landlord or other Lessees tenants in the Buildingbuilding of which the Premises are a part. Except as set forth herein, Lessor Landlord shall not be required to pay for any utility serviceservices, supplies or upkeep in connection with the Leased Premises or Buildingthe building or project of which the Premises are a part. Utility In the event Landlord fails to provide services to tenant as required by this section for the common areas shall be part a continuous period in excess of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or ( ) business days on account of any interruption or a reason within Landlord's control, and such failure materially interferes with Tenant's use and enjoyment of utilities the Premises, Tenant's obligation to pay rent under this Agreement shall be abated from and after such ( ) business day period until such time as Landlord shall recommence providing such service or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromTenant.

Building Services. Lessor (a) Landlord shall provide cause to be made available at general points of usage in the normal utility service connections to Demised Premises facilities for the Building. Lessee shall pay directly to the appropriate supplier the cost supply of all utility services to the Leased Premises, including, but not limited to, any required security deposits domestic hot (or tempered) and initial connection charge, all charges for gas, electricity, telephone, cold running water, sanitary and storm sewer service facilities for electric power for normal lighting and security systems. If any services are jointly metered customary office equipment used by Tenant in connection with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer systemits business, including permitssupplemental HVAC (provided that Tenant, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee at its sole cost, shall be responsible for all alterations or improvements for supplemental HVAC and for additional electric or other utilities serving the installation and maintenance of any dilution tanksDemised Premises, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use in excess of the sanitary sewer systemelectric requirements set forth in Section 7.5(e)). If Landlord shall also furnish to the Leased Demised Premises and the Building heating and air-conditioning maintained at such temperatures as are customary for similar quality office buildings in a multi- occupancy Buildingthe area as reasonably determined by Landlord, Lessee during Normal Business Hours (as herein defined); subject, however, to all restrictions under applicable laws, ordinances, rules and regulations. Except when inspections and repairs are being made thereto, Landlord shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees furnish elevator service (if an elevator is located in the Building) for use by Tenant, its employees and invitees at all times, Normal Business Hours shall mean the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 12:00 p.m. on Saturdays, except during any governmental or bank holiday. Except as set forth herein, Lessor Tenant shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim use the heating and air conditioning outside of Normal Business Hours, at Tenant’s sole expense. Landlord shall provide janitorial services and trash removal to the Demised Premises during the Lease Term on each business day (but not more than five (5) days per week) in a manner consistent with similar quality buildings in the same area (acknowledging that as of the date of this Lease, the Building is a first-class mid-rise office building for rebate or abatement the Lafayette/Broomfield market). Landlord shall clean all exterior windows at least two (2) times per calendar year and shall provide exterminating services when reasonably required. Landlord shall also replace light bulbs and ballasts when needed within the Building. All of rent or damages on account the foregoing maintenance and services shall be subject to reimbursement, if any, as part of such malfunction or the Common Facilities Charges. Tenant shall have access to the Demised Premises 24 hours per day, 7 days per week, 52 weeks per year in accordance with Section 3 of any interruptions in service occasioned thereby or resulting therefromthe Addendum.

Building Services. Lessor Landlord shall provide the normal utility service connections to the Buildingbuilding. Lessee Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premisesservices, including, but not limited to, any required security deposits and initial connection chargecharges, all charges for gas, electricity, telephone, water, sanitary and storm sewer service service, and security systemsfor all electric lights, lamps or tubes. If any However, Landlord may, at Landlord's sole discretion, provide one or more utility services are jointly metered with other Leased Premises or property (for exampleto the leased premises, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate in which event Tenant agrees to pay to Landlord its pro rata share of the cost costs of such utilities or services as set forth in sections 2.02 and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof2.03. Lessee Tenant shall pay all costs caused by Lessee Tenant introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Tenant shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps traps, or similar devices as may be required by any governmental subdivision authority for LesseeTenant's use of the sanitary sewer system. If the Leased Premises are Landlord may, in a multi- occupancy Buildingits sole discretion, Lessee shall pay all surcharges levied due provide additional services or utilities not enumerated herein. Failure by Landlord to Lessee's use of sanitary sewer any extent provide these defined services or waste removal any other services insofar as such surcharges affect Lessor not enumerated, or other Lessees in the Building. Except as set forth hereinany cessation thereof, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not render Landlord liable to Lessee in any respect for damages to either personperson or property, property be construed as an eviction of Tenant, work an abatement of rent or business on account relieve Tenant from fulfillment of any interruption covenant in this Lease. Should any of the equipment or failure of utilities machinery break down, or services furnished by Lessor provided that Lessor uses for any cause cease to function properly, Landlord shall use reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any Tenant shall have no claim for rebate or abatement of rent or damages on account of such malfunction or any interruption of any interruptions in service occasioned thereby from the repairs. Landlord reserves the right from time to time to make changes in the utilities and services provided by Landlord to the building or resulting therefromshopping center.