Common use of Overstandard Tenant Use Clause in Contracts

Overstandard Tenant Use. Tenant shall not without Landlord’s prior written consent, use heat-generating machines or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 above. If such consent is given, Landlord shall have the right to install supplementary air conditioning systems or equipment in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant desires to use heat, ventilation or air conditioning (“HVAC”) during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use, (ii) Landlord shall supply such utilities to Tenant at such hourly cost to Tenant as Landlord shall from time to time establish, and (iii) Tenant shall pay such cost to Landlord within ten (10) days after billing, as additional rent. The hourly after-hours HVAC cost shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVAC.

Overstandard Tenant Use. Tenant shall not not, without Landlord’s 's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building building standard lights in the Premises, which may adversely affect the temperature otherwise maintained by the air conditioning system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 aboveof this Lease. If such consent is givenTenant uses water or HVAC in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Landlord or if Tenant's consumption of electricity shall have the right to install supplementary air conditioning systems or equipment in exceed an average of three (3) watts per useable square foot of the Premises, including supplementary or additional metering devicesconnected load, calcuxxxxx on a monthly basis during the Building Hours set forth in Section 6.1.1 above, then Tenant shall pay to Landlord, within ten (10) days after billing, the cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, administrative and overhead costs incurred in connection with such excess consumption, and the cost thereof, including of the cost of installation, operation and maintenance, increased wear and tear on existing equipment caused by such excess consumption; and other similar chargesLandlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, shall be paid by Tenant to Landlord upon billing by Landlordwithin ten (10) days after demand, including the cost of such additional metering devices. If Tenant desires to use heat, ventilation or air conditioning (“HVAC”) HVAC during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this LeaseBuilding Hours, (i) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s 's desired use, (ii) Landlord shall supply such utilities after-hours HVAC to Tenant at such hourly cost (which shall include, without limitation, the cost of the use of such HVAC, administrative and overhead charges, and the cost of maintenance and increased wear and tear on equipment used to provide such after-hours HVAC) to Tenant as Landlord shall from time to time establish, and (iii) Tenant shall pay such cost to Landlord within ten (10) days after billing, as additional rent. The hourly after-hours HVAC cost shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVAC.

Overstandard Tenant Use. Tenant shall not not, without Landlord’s prior written consent, use which consent shall not be unreasonably withheld, conditioned or delayed, (i) install in the Premises (A) lighting and equipment, the aggregate average daily power usage of which exceeds the Wattage Allowance, or which requires a voltage above capacities of the existing applicable panel for those circuits that are currently being used for Tenant’s Premises, (B) heat-generating machines equipment (other than normal office equipment) or lighting other than lights standard for the Building, or (C) supplementary air conditioning facilities, or (ii) permit occupancy levels in excess of one person per one hundred fifty (150) square feet of Rentable Area. If, pursuant to this Section 8.2, heat-generating equipment (other than normal office equipment) or lighting other than Building standard lights are installed or used in the Premises, which may affect or occupancy levels are greater than set forth above, or if the Premises or fixtures therein are reconfigured by Alterations, and such equipment, lighting, occupancy levels or Premises reconfiguration affects the temperature otherwise maintained by the Building air conditioning system, or if equipment is installed in the Premises which requires a separate temperature-controlled room, Landlord may, at Landlord’s election after notice to Tenant or upon Tenant’s request, install supplementary air conditioning facilities in the Premises, or otherwise modify the ventilating and air conditioning serving the Premises, in order to maintain the temperature otherwise maintained by the Building air conditioning system or increase to serve such separate temperature-controlled room. Tenant shall pay the need cost of any transformers, additional risers, panel boards and other facilities if, when and to the extent required to furnish power for, and all maintenance and service costs of, any supplementary air conditioning facilities or modified ventilating and air conditioning, or for lighting and/or equipment the power usage of which exceeds the standards set forth in this Section 8.2. The capital, maintenance and service costs of such facilities and modifications shall be paid by Tenant as Rent. Landlord, at its election, may also install and maintain an electric current meter or water normally furnished for meter (together with all necessary wiring and related equipment) at the Premises to measure the power and/or water usage of such lighting, equipment or ventilation and air conditioning equipment, or may otherwise cause such usage to be measured by reasonable methods, the cost in all instances to be shared equally by Landlord pursuant to the terms of Section 6.1 aboveand Tenant. If Tenant desires services in additional amounts than set forth in Section 8.1 above, or any other services that are not provided for in this Lease, Tenant shall make a request for such consent is givenservices to Landlord with such advance notice as Landlord may reasonably require. If Tenant desires services at different times than set forth in Section 8.1 above, Tenant shall notify Landlord and Landlord shall provide such after-hours services provided that Tenant shall pay Landlord’s charges for such services within thirty (30) days after Tenant’s receipt of Landlord’s invoice. Electricity shall be charged at Landlord’s actual cost; the initial charge for HVAC service provided by the Building central system shall be a rate of $39.87 per hour per zone (the “HVAC Additional Rate”), and the parties acknowledge there are two (2) zones in the portion of the Premises located on the second floor and one (1) zone in the portion of the Premises located on the ground floor for HVAC service; the additional charge for lighting services provided by the Building central system shall be at a rate of $6.85 per hour per zone (the “Lighting Additional Rate”) and the parties acknowledge there are three (3) zones in the portion of the Premises located on the second floor and one (1) zone on the portion of the Premises located on the ground floor for lighting service; provided, however, Landlord shall have the right to install supplementary air conditioning systems or equipment in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant desires to use heat, ventilation or air conditioning (“HVAC”) during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriateduring the Term, of Tenantto increase the HVAC Additional Rate and the Lighting Additional Rate to reflect increases in Landlord’s desired use, (ii) Landlord shall supply such utilities to Tenant at such hourly cost to Tenant as Landlord shall from time to time establish, and (iii) Tenant shall pay such cost to Landlord within ten (10) days after billing, as additional rent. The hourly after-hours HVAC cost shall be equal to (A) the actual cost incurred by Landlord to supply for providing additional HVAC service and lighting service. However, if Tenant is charged for such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision or lighting usage, then in no event shall Operating Expenses include costs of such HVAC service or lighting service for the premises of other Building occupants during after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVACperiods.

Overstandard Tenant Use. Tenant shall not not, without Landlord’s 's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 above. If such consent is givenTenant uses water or HVAC in excess of that supplied by Landlord pursuant to Section 6.1 above, Landlord or if Tenant's consumption of electricity shall have the right to install supplementary air conditioning systems or equipment in exceed an average of three (3) xxxxx per usable square foot of the Premises, including supplementary or additional metering devicesconnected load, calculated on a monthly basis during the Building Hours set forth in Section 6.1.1 above, then Tenant shall pay to Landlord, within ten (10) days after billing, the cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost thereof, including of the cost of installation, operation and maintenance, increased wear and tear on existing equipment caused by such excess consumption; and other similar chargesLandlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, shall be paid by Tenant to Landlord upon billing by Landlordwithin ten (10) days after demand, including the cost of such additional metering devices. If Tenant desires to use heat, ventilation or air conditioning HVAC from other than the HVAC Units (“HVAC”if applicable) during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this LeaseBuilding Hours, (i) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s 's desired use, (ii) Landlord shall supply such utilities after- hours HVAC to Tenant at such hourly cost to Tenant as Landlord shall from time to time establish, and (iii) Tenant shall pay such cost to Landlord within ten (10) days after billing, billing as additional rent. The hourly after-hours HVAC cost shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVACAdditional Rent hereunder.

Overstandard Tenant Use. Tenant shall not not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may substantially affect the temperature otherwise maintained by the air conditioning system or increase unless Tenant installs adequate supplementary air conditioning units as part of the need for water normally furnished for initial “Improvements” (as that term is defined in Section 2.1 of the Work Letter Agreement) to the Premises by Landlord or as “Alterations” (as that term is defined in Section 8.1 of this Lease) authorized pursuant to the terms of Section 6.1 abovethis Lease. If such consent is given, or if Tenant fails to install adequate supplementary air conditioning units, then Landlord shall have the right to install supplementary air conditioning systems units or equipment other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant desires to use heatuses water, ventilation electricity, heat or air conditioning (“HVAC”) during hours other than those for which in excess of that supplied by Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this LeaseLease (for example, (i) Tenant shall give Landlord such prior noticeHVAC in excess of that required for normal comfort for normal office use in the Premises and/or HVAC requested outside of Building Hours), as Landlord shall from time to time establish as appropriate, of Tenant’s desired use, (ii) Landlord shall supply such utilities to Tenant at such hourly cost to Tenant as Landlord shall from time to time establish, and (iii) Tenant shall pay such cost to Landlord within ten (10) days after Landlord, upon billing, as additional rent. The hourly after-hours HVAC the cost shall be equal to (A) of such excess consumption, the actual cost incurred by Landlord of the installation, operation, and maintenance of equipment which is installed in order to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision excess consumption, and the cost of such after-hours HVAC, (B) the increased wear and tear on existing equipment caused by such excess consumption; *** Confidential portions of this document have been redacted and depreciation of equipment to provide such after-hours HVAC, and (C) filed separately with the pro rata maintenance costs related to such after-hours HVACCommission.

Overstandard Tenant Use. Tenant shall not not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building building standard lights in the PremisesPremises (provided that each of Tenant’s employees shall have the right to use one (1) desk lamp), which may affect the temperature otherwise maintained by the air conditioning system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 aboveof this Lease. If such consent is givenTenant uses water or HVAC in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Landlord or if Tenant’s consumption of electricity shall have the right to install supplementary air conditioning systems or equipment in exceed an average of three (3) xxxxx per usable square foot of the Premises, including supplementary or connected load, calculated on a monthly basis during the Building Hours set forth in Section 6.1.1 above, then Tenant shall pay to Landlord, within ten (10) days after billing and as additional metering devicesrent, the cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost thereof, including of the cost of installation, operation and maintenance, increased wear and tear on existing equipment caused by such excess consumption; and other similar chargesLandlord may install devices to separately meter any increased use, and in such event Tenant shall be paid by Tenant pay, as additional rent, the increased cost directly to Landlord upon billing by Landlord, within ten (10) days after demand, including the cost of such additional metering devices. If Tenant desires to use heat, ventilation or air conditioning (“HVAC”) HVAC during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this LeaseBuilding Hours, (i) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use, (ii) Landlord shall supply such utilities HVAC to Tenant at such hourly an additional cost to Tenant as Landlord shall from time to time establishof $40.00 per hour, and (iii) Tenant shall pay such cost to Landlord within ten (10) days after billing, as additional rent. The hourly after-hours HVAC cost shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVAC.

Overstandard Tenant Use. Tenant shall not not, without Landlord’s 's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 aboveof this Lease. If such consent is givenTenant uses water or HVAC in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Landlord or if Tenant's consumption of electricity shall have the right to install supplementary air conditioning systems or equipment in exceed an average of three (3) xxxxx per usable square foot of the Premises, including supplementary or additional metering devicesconnected load, calculated on a monthly basis during the Building Hours set forth in Section 6.1.1 above, then Tenant shall pay to Landlord, within ten (10) days after billing, the cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost thereof, including of the cost of installation, operation and maintenance, increased wear and tear on existing equipment caused by such excess consumption; and other similar chargesLandlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, shall be paid by Tenant to Landlord upon billing by Landlordwithin ten (10) days after demand, including the cost of such additional metering devices. If Tenant desires to use heat, ventilation or air conditioning (“HVAC”) HVAC during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this LeaseBuilding Hours, (i) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s 's desired use, (ii) Landlord shall supply such utilities after-hours HVAC to Tenant at such hourly Landlord's actual cost (including reasonable depreciation and wear and tear on equipment) of providing same, plus a ten percent (10%) administration fee to Tenant as Landlord shall from time to time establishcover administrative and accounting costs, and (iii) Tenant shall pay such cost to Landlord within ten (10) days after billing, as additional rent. The hourly after-hours HVAC cost shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVAC.

Overstandard Tenant Use. Tenant shall not not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 aboveof this Lease, except as permitted in this Lease. If such consent is given, Tenant’s use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation. Landlord shall have cause the right electrical use of the Building HVAC system to install supplementary air conditioning systems or equipment be separately metered. Electrical usage for “After Hours HVAC” (as that term is defined below) shall not be included in the Premises“Monthly Utility Cost” (as defined in Section 6.3 below), including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, but shall be paid by Tenant to Landlord upon billing by Landlordincluded in the “After Hours HVAC Charge” (as that term is defined below). If Tenant desires to use heat, ventilation or air conditioning (“HVAC”) during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this LeaseLease (“After Hours HVAC”), (i) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use, (ii) and Landlord shall supply such utilities After Hours HVAC to Tenant at such hourly cost to Tenant the “After Hours HVAC Charge,” as Landlord that term is defined, below. As used herein, the “After Hours HVAC Charge” shall from time to time establish, and (iii) Tenant shall pay such equal the actual cost to Landlord within ten (10) days after billingof supplying such After Hours HVAC, as without profit or overhead but including the salary and benefits of the engineer and other personnel required to supply the same. Amounts payable by Tenant to Landlord for such use of additional rent. The hourly after-hours HVAC cost utilities shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVACdeemed Additional Rent hereunder.

Overstandard Tenant Use. Tenant shall not not, without Landlord’s 's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building building standard lights in the Premises, which Premises that may affect the temperature otherwise maintained by the air air-conditioning system or increase the need for water normally furnished for to the Premises by Landlord pursuant to the terms of Section 6.1 aboveunder section 10.1. If such consent is given, Landlord shall have the right to install supplementary air air-conditioning systems units or equipment other facilities in the Premises, including supplementary or additional metering devices. On billing by Landlord, and Tenant shall pay the cost thereoffor such supplementary facilities, including the cost of (a) installation, operation operation, and maintenance; (b) increased wear and tear on existing equipment; and (c) other similar charges. If Tenant uses water, electricity, heat, or air-conditioning in excess of that required to be supplied by Landlord under section 10.1, Tenant shall pay to Landlord, on billing, the cost of (a) the excess service; (b) installation, operation, and maintenance of equipment installed to supply the excess service; and (c) increased wear and tear on existing equipment caused by Tenant's excess consumption. Landlord may install devices to separately meter any increased use. On demand, Tenant shall pay the increased cost directly to Landlord, including the cost of the additional metering devices. Tenant's use of electricity shall never exceed the capacity of the feeders serving the Building and other similar charges, shall be paid by Tenant to Landlord upon billing by LandlordPremises or the risers or wiring installation. If Tenant desires wishes to use heat, ventilation ventilation, or air air-conditioning (“HVAC”) during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Leaseunder section 10.1, (i) Tenant shall give Landlord such prior notice, notice as Landlord shall from time to time establish as appropriate, of Tenant’s desired use, (ii) and Landlord shall supply such utilities to Tenant at such an hourly cost to Tenant as Landlord shall from time to time establish, and (iii) . Amounts payable by Tenant shall pay such cost to Landlord within ten (10) days after billing, as under this section 10.2 for use of additional rent. The hourly after-hours HVAC cost utilities shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based considered Additional Rent under this Lease and shall be billed on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVACmonthly basis.

Overstandard Tenant Use. Tenant shall not not, without Landlord’s 's prior written consent, : (i) use heat-generating machines, machines other than normal office machines, or equipment or equipment; (ii) lighting other than Building standard lights set forth in the Premises, which Standard Improvement Package; (iii) allow occupancy of the Premises by more than one person for each 150 square feet of Rentable Area; or (iv) make any other use of the Premises that may affect the temperature otherwise maintained by the air heating, ventilating and air-conditioning system or increase installed by Landlord to service the need for water normally furnished for Building as described in Section 1.2.2 of the Tenant Work Letter. Landlord acknowledges that a portion of the Premises will be used as an electronics laboratory which will require the installation by Tenant of machines and/or equipment which may require the consent of Landlord pursuant to (i) of the terms of Section 6.1 abovepreceding sentence. If Landlord agrees that it shall not unreasonably withhold or delay such consent. Should Landlord consent is givento any such use, Landlord shall have may make such modifications or additions to the right to install supplementary air conditioning Building systems or equipment install such supplementary systems as Landlord, in its sole discretion, deems necessary as the Premisesresult of such use. On billing by Landlord, including supplementary or additional metering devices, and Tenant shall pay the cost thereoffor such modifications additions and/or supplementary systems, including the cost of (a) installation, operation operation, and maintenance, maintenance of equipment; (b) increased wear and tear on existing equipment equipment; and (c) other similar charges, . Any modifications or additions to the VAV and fan-powered terminal boxes located within the Premises required as the result of such use shall be paid done by Tenant to Landlord upon billing by Landlordat its sole cost and expense. Tenant's use of electricity shall never exceed the capacity of the feeders serving the Building and Premises or the risers or wiring installation. If Tenant desires wishes to use heat, ventilation ventilation, or air air-conditioning (“HVAC”) during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of under Section 6.1 of this Lease11.1, (i) Tenant shall give Landlord such prior notice, notice as Landlord shall from time to time establish as appropriate, of Tenant’s desired use, (ii) and Landlord shall endeavor to supply such utilities services to Tenant at such an hourly cost to Tenant as shall be calculated to reimburse Landlord shall from time for the cost of supplying same without profit to time establish, and (iii) Landlord. Amounts payable by Tenant shall pay such cost to Landlord within ten (10) days after billing, as under this Section 11.2 for use of additional rent. The hourly after-hours HVAC cost utilities shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based considered Additional Rent under this Lease and shall be billed on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVACmonthly basis.

Overstandard Tenant Use. Tenant shall not not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 aboveof this Lease. If such consent is given, Landlord shall have the right to install supplementary Tenant uses water or heat or air conditioning systems in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant’s consumption of electricity shall exceed the building standard usage for comparable buildings as reasonably determined by Landlord calculated on an annualized basis for the hours described in Section 6.1.1 above, Tenant shall pay to Landlord, within ten (10) days after billing, the cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in the Premises, including supplementary or additional metering devicesorder to supply such excess consumption, and the cost thereof, including of the cost of installation, operation and maintenance, increased wear and tear on existing equipment caused by such excess consumption; and other similar chargesLandlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, shall be paid by Tenant to Landlord upon billing by Landlordwithin ten (10) days after demand, including the cost of such additional metering devices. If Tenant desires to use heat, ventilation or air conditioning (“HVAC”) during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use, (ii) Landlord shall supply such utilities to Tenant at such hourly cost a commercially reasonable rate not to Tenant as Landlord shall from time to time establishexceed $150.00 per hour, and (iii) Tenant shall pay such cost to Landlord within ten (10) days after billing, as additional rent. The hourly after-hours HVAC cost shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVAC.

Overstandard Tenant Use. Tenant shall not not, without Landlord’s 's prior written consent, : (a) use heat-generating machines, machines other than normal office machines, or equipment or equipment; (b) lighting other than Building standard lights set forth in the Premises, which Standard Improvement Package; (c) allow occupancy of the Premises by more than one person for each one hundred fifty (150) square feet of Rentable Area; or (4) make any other use of the Premises that may affect the temperature otherwise maintained by the air heating, ventilating and air-conditioning system or increase the need for water normally furnished for the Premises installed by Landlord pursuant to service the Building as described in Section 1.2.2 of the Tenant Work Letter. Should Landlord consent to any such use, Landlord may make such modifications or additions to the terms Building Systems or install such supplementary systems as Landlord, in its sole discretion, deems necessary as the result of Section 6.1 abovesuch use. If such consent is givenOn billing by Landlord, Landlord Tenant shall have the right to install supplementary air conditioning systems or equipment in the Premises, including supplementary or additional metering devices, and pay the cost thereoffor such modifications, additions and/or supplementary systems, including the cost of (a) installation, operation and maintenance, maintenance of equipment; (b) increased wear and tear on existing equipment equipment; and (c) other similar charges, . Any modifications or additions to the VAV and fan-powered terminal boxes located within the Premises required as the result of such use shall be paid done by Tenant to Landlord upon billing by Landlordat its sole cost and expense. Tenant's use of electricity shall never exceed the capacity of the feeders serving the Building and Premises or the risers or wiring installation. If Tenant desires wishes to use heat, ventilation ventilation, or air air-conditioning (“HVAC”) during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of under Section 6.1 of this Lease11.1, (i) Tenant shall give Landlord such prior notice, notice as Landlord shall from time to time establish as appropriate, of Tenant’s desired use, (ii) and Landlord shall endeavor to supply such utilities services to Tenant at such an hourly cost to Tenant as shall be calculated to reimburse Landlord shall from time to time establish, and (iii) for the cost of supplying same. Amounts payable by Tenant shall pay such cost to Landlord within ten (10) days after billing, as under this Section 11.2 for use of additional rent. The hourly after-hours HVAC cost utilities shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based considered Additional Rent under this Lease and shall be billed on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVACmonthly basis.

Overstandard Tenant Use. Tenant shall not not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the PremisesPremises and Landlord-approved lobby lighting, which may affect the temperature otherwise maintained by the air conditioning system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 aboveof this Lease. If such consent is givenTenant uses water, Landlord shall have the right to install supplementary electricity, heat or air conditioning systems or in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the actual cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in the Premises, including supplementary or additional metering devicesorder to supply such excess consumption, and the cost thereof, including of the cost of installation, operation and maintenance, increased wear and tear on existing equipment caused by such excess consumption; and other similar chargesLandlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering devices. Tenant’s use of electricity shall be paid by never exceed the capacity of the feeders to the Project or the risers or wiring installation, and subject to the terms of Section 29.31, below, Tenant to Landlord upon billing by shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises, without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning (“HVAC”) during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired useuse in order to supply such utilities, (ii) and Landlord shall supply such utilities to Tenant at such hourly cost per zone to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. As of the date hereof, and (iii) such rate is $130 per hour per floor of the Building. Notwithstanding any provision to the contrary contained in this Lease, Tenant shall promptly pay such cost to Landlord within ten Landlord, Landlord’s standard charge (10) days after billing, as additional rent. The hourly after-hours HVAC cost which charge shall be equal consistent with rates charged by other Class A buildings in the San Francisco area) for any services provided to (A) the actual cost incurred by Tenant which Landlord to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment is not specifically obligated to provide such after-hours HVAC, and (C) to Tenant pursuant to the pro rata maintenance costs related to such after-hours HVACterms of this Lease.

Overstandard Tenant Use. Tenant shall not not, without Landlord’s prior written consent, use heat-generating machines or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 above. , If such consent is given, Landlord shall have the right to install supplementary air conditioning systems or equipment in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant desires to use heat, ventilation or air conditioning (“HVAC”) during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use, (ii) Landlord shall supply such utilities to Tenant at such hourly cost to Tenant as Landlord shall from time to time establish, and (iii) Tenant shall pay such cost to Landlord within ten (10) days after billing, as additional rent. The hourly after-hours HVAC cost shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVAC.

Overstandard Tenant Use. Tenant shall not not, without Landlord’s 's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 aboveof this Lease. If such consent is given, Landlord shall have the right to install supplementary Tenant uses water or heat or air conditioning systems or in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, within ten (10) days after billing and as additional rent, the cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in the Premises, including supplementary or additional metering devicesorder to supply such excess consumption, and the cost thereof, including of the cost of installation, operation and maintenance, increased wear and tear on existing equipment caused by such excess consumption; and other similar chargesLandlord may install devices to separately meter any increased use and in such event Tenant shall pay, shall be paid by Tenant as additional rent, the increased cost directly to Landlord upon billing by Landlord, within ten 10 days after demand, including the cost of such additional metering devices. If Tenant desires to use heat, ventilation or air conditioning (“HVAC”) during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall give Landlord at least twenty-four (24) hours prior written notice or such prior notice, other notice as Landlord shall from time to time establish as appropriateappropriate (which other notice is anticipated to be accomplished through telephonic dial-up and/or access via computer codes), of Tenant’s 's desired use, (ii) Landlord shall supply such utilities HVAC to Tenant at such hourly cost to Tenant as Landlord shall from time to time establish, and (iii) Tenant shall pay ; such cost to Landlord within ten (10) days after billing, as additional rent. The hourly after-hours HVAC cost shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based on a one two (12) hour minimum provision of such after-after hours HVAC), (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to costs, and (iii) Tenant shall pay such after-hours HVACcost within ten (10) days after billing as Additional Rent.

Overstandard Tenant Use. Tenant shall not not, without Landlord’s 's prior written consent, use heat-generating machines, machines other than normal office machines, or equipment or lighting other than Building building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning HVAC system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 above5.1 of this Lease. If such consent is givenTenant uses water or HVAC in excess of that supplied by Landlord pursuant to Section 5.1 of this Lease, Landlord or if Tenant's consumption of electricity (exclusive of Building-standard HVAC and Building-standard lighting) shall have the right to install supplementary air conditioning systems or equipment in exceed an average of three (3) xxxxx per rentable square foot of the Premises, including supplementary or additional metering devicesconnected load, calculated on a monthly basis during the Building Hours set forth in Section 5.1.1 above, then Tenant shall pay to Landlord, within ten (10) days after billing, the cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost thereof, including of the cost of installation, operation and maintenance, increased wear and tear on existing equipment caused by such excess consumption; and other similar chargesLandlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, shall be paid by Tenant to Landlord upon billing by Landlordwithin ten (10) days after demand, including the cost of such additional metering devices. If Tenant desires to use heat, ventilation or air conditioning (“HVAC”) HVAC during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this LeaseBuilding Hours, (i) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s 's desired use, (ii) Landlord shall supply such utilities after-hours HVAC to Tenant at such hourly cost to Tenant rate as Landlord shall from time to time establish, and (iii) Tenant shall pay such cost to Landlord charges within ten (10) days after billing, as additional rent. The hourly after-hours HVAC cost shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVAC.

Overstandard Tenant Use. Tenant shall not not, without Landlord’s 's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the need for water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 aboveof this Lease. If such consent is given, Landlord shall have the right to install supplementary Tenant uses water or heat or air conditioning systems in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or equipment in if Tenant's consumption of electricity shall exceed six (6) wattx xxx usable square foot of the Premises, including supplementary or additional metering devicescalculated on an annualized basis for the hours described in Section 6.1.1 above, Tenant shall pay to Landlord, within ten (10) days after billing, the cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost thereof, including of the cost of installation, operation and maintenance, increased wear and tear on existing equipment caused by such excess consumption; and other similar chargesLandlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, shall be paid by Tenant to Landlord upon billing by Landlordwithin ten (10) days after demand, including the cost of such additional metering devices. If Tenant desires to use heat, ventilation or air conditioning (“HVAC”) during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall give Landlord such prior notice, as Landlord shall from time to time establish as appropriate, of Tenant’s 's desired use, (ii) Landlord shall supply such utilities to Tenant at such hourly cost to Tenant as Landlord shall from time to time reasonably establish, based on Landlord's actual costs therefor, and (iii) Tenant shall pay such cost to Landlord within ten (10) days after billing, as additional rent. The hourly after-hours HVAC cost shall be equal to (A) the actual cost incurred by Landlord to supply such after-hours HVAC on an hourly basis (but based on a one (1) hour minimum provision of such after-hours HVAC, (B) increased wear and tear and depreciation of equipment to provide such after-hours HVAC, and (C) the pro rata maintenance costs related to such after-hours HVAC.