Common use of Services and Utilities Clause in Contracts

Services and Utilities. Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers after the Commencement Date of this Lease. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as reasonably determined by Landlord. Any such charges paid by Landlord and assessed against Tenant shall be payable to Landlord within thirty (30) days of demand therefor and shall be additional rent hereunder. Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premises. Landlord shall use all commercially reasonable efforts to restore any service required of it that becomes unavailable. Notwithstanding the foregoing, if Tenant is prevented from using the Premises because of the unavailability of any such service for a period of five (5) consecutive business days, the restoration of which is within Landlord’s reasonable control, and such unavailability was not caused by a governmental directive, then Tenant shall be entitled to a reasonable abatement of rent for each consecutive day (after such five-day period) that Tenant is so prevented from using the Premises.

Services and Utilities. 13.1 Subject to the other provisions of this Lease, Landlord agrees to furnish to the common areas of the Building, the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord's judgment for the use and occupation of the common areas of the Building; (c) cleaning and janitorial service for common areas; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's judgment by reasonably required; and, (f) provisions to bring electricity to the floor of the Premises an amount equal to no less than 800 amps @ 480V on or before the Commencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Date. To the extent that Tenant is not billled directly by a public utility, Tenant shall pay pay, upon demand, as additional rent, for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services electricity used on or from by Tenant in the Premises, together with including the usage of any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. temporary power supplied to Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers after prior to the Commencement Date of this LeaseDate. If any The charge shall be at the pro rata rates charged for such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as reasonably determined by Landlord. Any such charges paid by Landlord and assessed against Tenant shall be payable to Landlord within thirty (30) days of demand therefor and shall be additional rent hereunder. Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any local public utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Landlord shall in no event not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord's failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any interruption character, energy usage restrictions or failure by any other cause, similar or dissimilar, beyond the reasonable control of utility Landlord. If the disruption of services on is due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. Landlord shall use all commercially reasonable efforts to restore remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a force majeure event) exercise any right of Landlord to reduce, interrupt or cease service required of it the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant in advance of Landlord's requirements so that becomes unavailable. Notwithstanding Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the foregoinginterruption to Tenant's use, if Tenant is prevented from using possession and occupancy of the Premises because for the purpose of conducting its business on a continuing basis. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord's actual cost for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. 13.3 If Tenant shall require water or electric current in excess of that required to be furnished or supplied for use in the unavailability Premises as set forth in the Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. The cost of any such service meters and any additional installations or expense required or incurred as a result of the increased capacity shall be paid for a period of five (5) consecutive business daysby Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, the restoration cost of which is within all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord’s reasonable control) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and such unavailability was not caused by a governmental directive, then Tenant shall be entitled to a reasonable abatement of rent for each consecutive day (after such five-day period) that Tenant is electric current so prevented from using the Premisesconsumed.

Services and Utilities. Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and 13.1 Subject to the other utilities and services used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers after the Commencement Date provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s commercially reasonable judgment for the intended use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. If any To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within fifteen (15) days of Landlord’s demand, for all electricity used by Tenant in the Premises. The charge shall be at the rates charged for such services are not separately metered by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. Regardless of the method used to pass the cost of electricity through to Tenant, Tenant shall pay not be charged for electricity more than the net actual amount Landlord pays for such proportion electricity after any abatement, rebates or other credits. In the absence of all charges jointly metered with other premises as reasonably determined by Landlord. Any such charges paid by ’s gross negligence or willful misconduct, Landlord shall not be liable for, and assessed against Tenant shall not be payable entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord within thirty (30) days by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of demand therefor and shall be additional rent hereunder. Tenant will notany character, without energy usage restrictions or by any other cause, similar or dissimilar, beyond the written consent reasonable control of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premises. Landlord shall use all commercially reasonable efforts to restore remedy any interruption in the furnishing of services and utilities. Water, heat and air conditioning (subject to the terms set forth herein regarding after hours HVAC), elevator service required of it that becomes unavailable. Notwithstanding the foregoingand electricity , if Tenant is prevented from using the Premises because shall be provided twenty-four (24) hours per day, seven (7) days per week, subject to events outside of the unavailability reasonable control of Landlord and the terms of this Lease. 13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service service. The current charge for a period of five (5) consecutive business daysafter-hours HVAC service, the restoration of which is within Landlord’s reasonable controlsubject to change at any time, and such unavailability was not caused by a governmental directive, then Tenant shall be entitled to a reasonable abatement of rent for each consecutive day (after such five-day period) that Tenant is so prevented from using specified on the PremisesReference Pages.

Services and Utilities. 14.1. provided Tenant shall not be in default under this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises between the hours of 8:00 a.m. and 6:00 PM on generally recognized business days and between 8:00 AM and 1:00 PM on Saturdays (but exclusive in any event of Sundays and legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air-conditioning required in Landlord’s judgment for the use and occupation of the Premises; (c) janitorial service; (d) elevator service by non attended automatic elevators; (e) such window washing as may from time to time in Landlord’s judgment be reasonably required; and (f) equipment to bring to Tenant’s meter, electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as additional rent, for all electricity used by Tenant in the Premises. The charge shall be at the rates charged for such services by the local public utility. Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts. Tenant agrees that all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of said systems. Landlord shall not be liable for, battery packs and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for emergency lighting an unreasonable time after written notice of such failure is given to Landlord by Tenant and fire extinguishers after provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the Commencement Date reasonable control of this LeaseLandlord. If Landlord shall use reasonable efforts to remedy any such interruption in the furnishing of services are not separately metered and utilities. Notwithstanding the above, Landlord shall be entitled, without compensation to Tenant or any abatement of rent, to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or suppliers of utilities in reducing consumption of energy or other resources. 14.2. Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant shall agrees to pay such proportion of all charges jointly metered with other premises as reasonably determined by Landlord. Any Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such Service. 14.3. Wherever heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air-conditioning system, Landlord reserves the right to install supplementary air-conditioning units in or for the benefit of the Premises and the cost thereof, including the reasonable cost of installation and the cost of operations and maintenance, shall be paid by Landlord and assessed against Tenant shall be payable to Landlord within thirty (30) days of upon demand therefor and shall be as such additional rent hereunderrent. 14.4. Tenant will not, without the written consent of Landlord, contract with a utility provider to service use any apparatus or device in the Premises with any utilityPremises, including, including but not limited to, telecommunications, electricity, water, sewer electronic data processing machines and machines using current in excess of 200 xxxxx or gas110 volts, which is not previously providing such service to other tenants will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises for normal office use, nor connect with electric current, except through existing electrical outlets in the BuildingPremises, or water pipes, any apparatus or device for the purposes of using electrical current or water. Landlord If Tenant shall require water or electric current in no event be liable excess of that usually furnished or supplied for any interruption or failure use of utility services on or to the Premises. Landlord shall use all commercially reasonable efforts to restore any service required of it that becomes unavailable. Notwithstanding the foregoing, if Tenant is prevented from using the Premises because as normal office use, Tenant shall procure the prior written consent of Landlord for the unavailability use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. The cost of any such service meters shall be paid for a period of five (5) consecutive business daysby Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, the restoration cost of which is within all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord’s reasonable control) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and such unavailability was not caused by a governmental directiveelectric current so consumed. 14.5. Subject as provided in this Lease, then Tenant shall be entitled to a reasonable abatement the use of rent wiring (“Communications Wiring”) from the vault of Ameritech Company or its successor (“Ameritech”) at or near the entrance to the Building to Tenant’s telephone panel at or near the entrance to the Premises, sufficient for each consecutive day normal general office use of the Premises. Tenant shall not install any additional Communications Wiring without the prior written consent of Landlord, which Landlord may refuse; nor shall Tenant remove any Communications Wiring without such consent. Tenant shall be responsible for, and indemnify and hold Landlord harmless from and against, all injuries and damages to persons or property and all expenses, claims and liabilities resulting from the installation, use, maintenance, repair or replacement of Communications Wiring (after “Wiring Work”) by Tenant or anyone employed by Tenant. If and so long as an arrangement (“Provider Arrangement”) shall be in effect between Landlord and Ameritech or other qualified concern to provide any Wiring Work on an exclusive basis Tenant shall obtain such five-day periodWiring Work as Tenant shall require from such provider through or as directed by Landlord and shall pay all the costs thereof billed directly to Tenant by such provider. If and so long as no Provider Arrangement shall be in effect, Tenant shall arrange for, through Landlord if required by Landlord, and pay directly for, all such Wiring Work as Tenant shall require from such provider as Tenant shall select subject to the prior authorization of Landlord, which Landlord may refuse for any reason, including (without limitation) that Tenant Landlord is so prevented from using not satisfied as to the Premisesexpertise or reliability of the provider or the liability insurance protection to be given.

Services and Utilities. Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and 13.1. Subject to the other utilities and services used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers after the Commencement Date provisions of this Lease, Landlord agrees to furnish to the Premises the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for the Permitted Uses; (b) heat and air conditioning required for the use and occupation of the Premises for the Permitted Uses during Building Business Hours (and if requested by Tenant after Building Business Hours at the After Hours HVAC Cost); (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. If any To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within ten (10) days of Landlord’s demand, for all electricity used by Tenant in the Premises as measured by a submeter, including, all electricity for lights, plugs and supplemental HVAC. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for such services are by the local public utility. Landlord will include electricity costs to operate the base building HVAC system in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not separately metered be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to Tenantfurnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Xxxxxx and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. 13.1.1. Notwithstanding the foregoing to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per rentable square foot of the Premises per annum, which is Xxxxxxxx’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such amount to be increased from time to time by notice from Landlord to Tenant based on historical usage and cost or to the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Xxxxxx’s payment of Monthly Installment of Rent hereunder. 13.1.2. On not less than an annual basis (or on such other billing cycle as Landlord shall determine), Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to Section 13.1.1 is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such proportion deficiency to Landlord as additional rent in one lump sum within thirty (30) days of all receipt of Landlord’s xxxx xxxxxxxx. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to Section 13.1.1 is more than the actual charges jointly metered with other premises as reasonably determined measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. 13.2. Any Should Tenant require HVAC service outside of Building Business Hours, Landlord shall, upon reasonable advance notice by Xxxxxx, furnish such charges additional HVAC service outside of Building Business Hours, and Tenant agrees to pay Landlord the After Hours HVAC Cost as may be agreed upon but in no event at a charge less than Landlord’s actual costs plus overhead for such additional service and ,where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. 13.3. Wherever heat generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Tenant’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten (10) days of Landlord’s demand; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and assessed against if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinabove. 13.4. Tenant will not, without the written consent of Landlord, use any equipment or devices in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 xxxxx and/or 20 amps or 120 volts in the aggregate, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises for the Permitted Uses, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises for the Permitted Uses, Tenant shall procure the prior written consent of Landlord for the use thereof, which Landlord shall not unreasonably withhold or delay. Landlord shall install an electric submeter in the Premises at Landlord’s cost as part of Landlord’s Work in accordance with Exhibit B. In the event that Landlord reasonably believes that Tenant is using water in excess of that usually furnished or supplied for use of the Premises for the Permitted Uses, then Landlord may cause a water meter to be payable installed so as to measure the amount of any excess water usage. The cost of any such water meter shall be paid for by Tenant. Xxxxxx agrees to pay to Landlord within thirty (30) days of demand therefor Landlord’s demand, the cost of all such excess water and shall be additional rent hereunderelectric current consumed (as shown by said meters) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same. 13.5. Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premises. Landlord shall use all commercially reasonable efforts to restore disruption in any service required of it that becomes unavailable. Notwithstanding the foregoing, if obtained by Tenant is prevented from using the Premises because of the unavailability of any such service for a period of five (5) consecutive business days, the restoration of which is within Landlord’s reasonable control, and such unavailability was not caused by a governmental directive, then Tenant shall be entitled pursuant to a reasonable abatement of rent for each consecutive day (after such five-day period) that Tenant is so prevented from using the Premisesthis paragraph.

Services and Utilities. 13.1 Provided Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the Premises, together with any taxes, penaltiesnot be in default under this Lease, and surcharges or subject to the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers after the Commencement Date other provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. If any such services are To the extent that Tenant is not separately metered to Tenantbilled directly by a public utility, Tenant shall pay such proportion of all charges jointly metered with other premises as reasonably determined by Landlord. Any such charges paid by Landlord and assessed against Tenant shall be payable to Landlord pay, within thirty five (305) days of demand therefor and Landlord’s demand, for all electricity used by Tenant in the Premises. The charge shall be additional rent hereunderat the rates charged for such services by the local public utility. Tenant will notAlternatively, without Landlord may elect to include electricity costs in Expenses. In the written consent absence of Landlord’s gross negligence or willful misconduct, contract with a utility provider to service the Premises with any utilityLandlord shall not be liable for, including, but and Tenant shall not limited be entitled to, telecommunicationsany abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, electricity, water, sewer or gas, which unless such failure shall persist for an unreasonable time after written notice of such failure is not previously providing such service given to other tenants in the Building. Landlord by Tenant and provided further that Landlord shall in no event not be liable for when such failure is caused by accident, breakage, repairs, labor disputes of any interruption character, energy usage restrictions or failure by any other cause, similar or dissimilar, beyond the reasonable control of utility services on or to the PremisesLandlord. Landlord shall use all commercially reasonable efforts to restore remedy any interruption in the furnishing of services and utilities. 13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service required of it that becomes unavailable. Notwithstanding the foregoingand Tenant agrees to pay Landlord such charges as may be agreed upon, if Tenant is prevented from using the Premises because of the unavailability including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service service. The current charge for a period of five (5) consecutive business daysafter-hours HVAC service, the restoration of which is within Landlord’s reasonable controlsubject to change at any time, and such unavailability was not caused by a governmental directive, then Tenant shall be entitled to a reasonable abatement of rent for each consecutive day (after such five-day period) that Tenant is so prevented from using specified on the PremisesReference Pages.

Services and Utilities. 13.1 Provided Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the Premises, together with any taxes, penaltiesnot be in default under this Lease, and surcharges or subject to the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers after the Commencement Date other provisions of this Lease. If , Landlord agrees to furnish to the Premises during ordinary business hours on generally recognized business days (but exclusive in any event of Sundays and legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time; (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises between 7:00 a.m. and 6:00 p.m. Monday through Friday, and between 8:00 a.m. and 12:00 noon on Saturdays, except legal holidays observed by the federal government; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators; (e) such services are not separately metered window washing as may from time to time in Landlord’s judgment be reasonably required; and, (f) equipment to bring to Tenant’s meter, electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay such proportion of pay, upon demand, as additional rent, for all charges jointly metered with other premises as reasonably determined electricity used by LandlordTenant in the Premises. Any such charges paid by Landlord and assessed against Tenant The charge shall be payable to Landlord within thirty (30) days of demand therefor and shall be additional rent hereunder. Tenant will not, without at the written consent of Landlord, contract with a utility provider to service rates charged for such services by the Premises with any local public utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Landlord shall in no event not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any interruption character, energy usage restrictions or failure by any other cause, similar or dissimilar, beyond the reasonable control of utility services on or to the PremisesLandlord. Landlord shall use all commercially reasonable efforts to restore remedy any interruption in the furnishing of services and utilities. 13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service required of it that becomes unavailable. Notwithstanding the foregoingand Tenant agrees to pay Landlord such charges as Landlord has set and may change periodically, if Tenant is prevented from using the Premises because of the unavailability including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service for a period of five (5) consecutive business days, the restoration of which is within Landlord’s reasonable control, and such unavailability was not caused by a governmental directive, then Tenant shall be entitled to a reasonable abatement of rent for each consecutive day (after such five-day period) that Tenant is so prevented from using the Premisesservice.

Services and Utilities. Tenant shall pay be responsible for contracting directly with any applicable public utility company or third party provider for, and shall promptly pay, as the same become due, all charges for, water, gas, heat, light, powerelectricity, telephone, sewersewer service, sprinkler system charges waste pick-up and any other utilities utilities, materials and services furnished directly to or used on by Tenant at the Project during the Lease Term, including, without limitation, (i) meter, use and/or connection fees, hook-up fees, or from the Premises, together with any taxes, penaltiesstandby fees, and surcharges (ii) penalties for discontinued or interrupted service. Tenant's use of electricity shall never exceed the capacity of the feeders to the Project or the like pertaining thereto and any maintenance charges for utilitiesrisers or wiring installations. Notwithstanding the foregoing, Tenant shall furnish all electric light bulbshave the right to upgrade such capacity, tubes at Tenant's sole cost, in order to accommodate Tenant's use of the Premises at any time during the Lease Term; provided that, any such upgrades by Tenant shall be performed pursuant to the terms and ballasts, battery packs for emergency lighting and fire extinguishers after the Commencement Date conditions of Article 8 of this Lease. If Any interruption or cessation of utilities resulting from any such services are causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area of the Project, shall not separately metered render Landlord liable for damages to either person or property or for interruption or loss to Tenant's business, nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Tenant acknowledges that Landlord may be required in the future to disclose information concerning Tenant's energy usage to certain third parties, including, without limitation, prospective purchasers, lenders and tenants of the Building ("Tenant Energy Use Disclosure"). Tenant shall cooperate with Landlord with respect to any Tenant Energy Use Disclosure. Without limiting the generality of the foregoing, Tenant shall pay such proportion shall, within ten (10) business days following receipt of written request from Landlord, disclose to Landlord all charges jointly metered with other premises as information reasonably determined by Landlord. Any such charges paid requested by Landlord and assessed against in connection with such Tenant shall be payable to Landlord within thirty (30) days of demand therefor and shall be additional rent hereunder. Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utilityEnergy Use Disclosure, including, but not limited to, telecommunicationsthe amount of power or other utilities consumed within the Premises for which the meters for such utilities are in Tenant's name, electricitythe number of employees working within the Premises, water, sewer or gas, which is not previously providing such service to other tenants the operating hours for Tenant's business in the Building. Landlord shall Premises, and the type and number of equipment operated by Tenant in no event be liable for any interruption or failure of utility services on or to the Premises. Tenant acknowledges that this information shall be provided on a non-confidential basis and may be provided by Landlord to the applicable utility providers, the California Energy Commission (and other governmental entities having jurisdiction), and any third parties to whom Landlord is required to make any Tenant Energy Use Disclosure. Tenant hereby (A) consents to all such Tenant Energy Use Disclosures, and (B) acknowledges that Landlord shall use all commercially reasonable efforts not be required to restore notify Tenant of any service required of it Tenant Energy Use Disclosure. Tenant agrees that becomes unavailable. Notwithstanding the foregoing, if Tenant is prevented from using the Premises because none of the unavailability of any such service for a period of five (5) consecutive business days"Landlord Parties," as that term is defined in Section 10.1, the restoration of which is within Landlord’s reasonable controlbelow, shall be liable for, and Tenant hereby releases the Landlord Parties from, any and all loss, cost, damage, expense and liability relating to, arising out of and/or resulting from any Tenant Energy Use Disclosure. In addition, Tenant represents to Landlord that any and all information provided by Tenant to Landlord pursuant to this paragraph shall be, to the best of Tenant's actual knowledge, true and correct in all material respects, and Tenant acknowledges that Landlord shall rely on such unavailability was not caused by a governmental directive, then Tenant information. The terms of this paragraph shall be entitled to a reasonable abatement survive the expiration or earlier termination of rent for each consecutive day (after such five-day period) that Tenant is so prevented from using the Premisesthis Lease.

Services and Utilities. 13.1 Provided Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the Premises, together with any taxes, penaltiesnot be in default under this Lease, and surcharges or subject to the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers after the Commencement Date other provisions of this Lease. If , Landlord agrees to furnish to the Premises during ordinary business hours on generally recognized business days (but exclusive in any event of Sundays and legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators; (e) such services are not separately metered window washing as may from time to time in Landlord’s judgment be reasonably required; (f) equipment to bring to Tenant’s meter, electricity for lighting, convenience outlets and other normal office use; and (g) electricity for lighting, convenience outlets and normal office equipment. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay pay, upon demand, as additional rent, for all electricity used by Tenant in the Premises. The charge shall be at the rates charged for such proportion services by the local public utility. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of all charges jointly metered with rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other premises as reasonably determined by cause, similar or dissimilar, beyond the reasonable control of Landlord. Any Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. 13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC is $45.00 per hour, subject to change at any time. 13.3 Wherever heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Landlord and assessed against Tenant shall be payable to Landlord within thirty (30) days of upon demand therefor and shall be as such additional rent hereunder. rent. 13.4 Tenant will not, without the written consent of Landlord, contract with a utility provider to service use any apparatus or device in the Premises with any utilityPremises, including, including but not limited to, telecommunications, electricity, water, sewer electronic data processing machines and machines using current in excess of 200 xxxxx or gas110 volts, which is not previously providing such service to other tenants will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises for normal office use, nor connect with electric current, except through existing electrical outlets in the BuildingPremises, or water pipes, any apparatus or device for the purposes of using electrical current or water. Landlord If Tenant shall require water or electric current in no event be liable excess of that usually furnished or supplied for any interruption or failure use of utility services on or to the Premises. Landlord shall use all commercially reasonable efforts to restore any service required of it that becomes unavailable. Notwithstanding the foregoing, if Tenant is prevented from using the Premises because as normal office use, Tenant shall procure the prior written consent of Landlord for the unavailability use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. The cost of any such service meters shall be paid for a period of five (5) consecutive business daysby Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, the restoration cost of which is within all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord’s reasonable control) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and such unavailability was not caused by a governmental directive, then Tenant shall be entitled to a reasonable abatement of rent for each consecutive day (after such five-day period) that Tenant is electric current so prevented from using the Premisesconsumed.

Services and Utilities. 13.1 Subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s reasonable judgment for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay pay, within five (5) days of Landlord’s demand, for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services electricity used on or from by Tenant in the Premises, together with any taxesas determined by separate submetering of Tenant’s electricity. The charge shall be at the rates charged for such services by the local public utility. The parties acknowledge that, penaltiesas of the Lease Reference Date, the initial rate for electricity is $1.15 per square foot of the Premises per annum, which rate is subject to change based on the rates charged, from time to time, by the local public utility. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish all electric light bulbsany of the foregoing, tubes and ballasts, battery packs unless such failure shall persist for emergency lighting and fire extinguishers an unreasonable time after the Commencement Date written notice of this Lease. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as reasonably determined by Landlord. Any such charges paid by Landlord and assessed against Tenant shall be payable failure is given to Landlord within thirty (30) days by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of demand therefor and shall be additional rent hereunder. Tenant will notany character, without energy usage restrictions or by any other cause, similar or dissimilar, beyond the written consent reasonable control of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premises. Landlord shall use all commercially reasonable efforts to restore remedy any interruption in the furnishing of services and utilities. 13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service required of it that becomes unavailable. Notwithstanding the foregoingand Tenant agrees to pay Landlord such charges as may be agreed upon, if Tenant is prevented from using the Premises because of the unavailability including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service service. The current charge for a period of five (5) consecutive business daysafter-hours HVAC service, the restoration of which is within Landlord’s reasonable controlsubject to change at any time, and such unavailability was not caused by a governmental directive, then Tenant shall be entitled to a reasonable abatement of rent for each consecutive day (after such five-day period) that Tenant is so prevented from using specified on the PremisesReference Pages.

Services and Utilities. 7.1 Landlord shall furnish Tenant with the following services: (1) hot and cold water service for use in the lavatories and kitchen on each floor on which the Premises are located, and for drinking purposes (provided, that Landlord shall not be required to provide special filtration or otherwise provide treatment to the available tap water in order to make it more desirable to Tenant for drinking or cooking purposes); (2) heat, ventilation and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are standard for comparable Class A office buildings or as required by governmental authority. Tenant, upon such advance notice (which may be telephonic) as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours (Tenant shall pay Landlord's reasonable charge for all waterthe additional service, gas, heat, light, power, telephone, sewer, sprinkler system charges which charge shall approximate Landlord's actual expense in providing such additional service); (3) maintenance and repair of the Premises or Property as described in Section 9.2 and to fulfill its obligations in Section 4.3.; (4) elevator service; (5) electricity and other utilities to the Premises for general office use, in accordance with and subject to the terms and conditions in Article 10 and Exhibit C; (5) washing of interior and exterior surfaces of exterior windows with reasonable frequency; and (7) such other services used on as Landlord reasonably determines are necessary or appropriate for the Premises or the Property as a Class A office building. 7.2 Tenant's failure to receive or any interruption or termination of, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a "Service Failure") shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers after the Commencement Date a material portion of this Lease. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as reasonably determined by Landlord. Any such charges paid by Landlord and assessed against Tenant shall be payable to Landlord within thirty (30) days of demand therefor and shall be additional rent hereunder. Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premises. Landlord shall use all commercially reasonable efforts to restore any service required of it that becomes unavailable. Notwithstanding the foregoing, if Tenant is prevented from using the Premises because of the unavailability of any such service made untenantable for a period in excess of five (5) 3 consecutive business days, Business Days as a result of the restoration of which is within Service Failure due to Landlord’s reasonable control, and such unavailability was not caused by a governmental directive's negligence or willful misconduct, then Tenant Tenant, as its sole remedy, shall be entitled to a reasonable receive an abatement of rent for each Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day (after such five-day period) the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant's Property (defined in Article 15), arising out of or in connection with the failure of any security services, personnel or equipment not caused by Landlord's negligence or willful misconduct. If the Premises are so prevented from using untenantable, Landlord will use its commercially reasonable best efforts to provide Tenant with alternative space in the PremisesBuilding until the Premises are restored.

Services and Utilities. 13.1. Provided Tenant shall pay not be in default under this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within five (5) days of Landlord’s demand, for all waterelectricity used by Tenant in the Premises. The charge shall be at the rates charged for such services by the local public utility. Alternatively, gasLandlord may elect to include electricity costs in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. 13.2. Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. 13.3. Wherever heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, lightin either event whether with or without Landlord’s approval, powerLandlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, telephoneincluding the cost of installation and the cost of operations and maintenance, sewershall be paid by Tenant to Landlord within five (5) days of Landlord’s demand. 13.4. Tenant will not, sprinkler system charges and other utilities and services used on without the written consent of Landlord, use any apparatus or from device in the Premises, together including but not limited to, electronic data processing machines and machines using current in excess of 2000 watts and/or 20 amps or 120 volts, which will in any wxx xxcrease the amount of electricity or water usually furnished or supplied for use of the Premises for normal office use, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any taxes, penalties, and surcharges apparatus or device for the like pertaining thereto and any maintenance charges for utilitiespurposes of using electrical current or water. If Tenant shall furnish all require water or electric light bulbs, tubes and ballasts, battery packs current in excess of that usually furnished or supplied for emergency lighting and fire extinguishers after use of the Commencement Date of this Lease. If any such services are not separately metered to TenantPremises as normal office use, Tenant shall pay procure the prior written consent of Landlord for the use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such proportion excess water and electric current. The cost of all charges jointly metered with other premises as reasonably determined by Landlord. Any any such charges paid by Landlord and assessed against Tenant meters shall be payable paid for by Tenant. Tenant agrees to pay to Landlord within thirty five (305) days of Landlord’s demand therefor , the cost of all such excess water and shall be electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional rent hereunderexpense incurred in keeping account of the water and electric current so consumed. 13.5. Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Landlord Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to the Premises, sufficient for normal general office use of the Premises. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Landlord’s shall in no event be liable for any interruption or failure of utility services on or to the Premises. Landlord shall use all commercially reasonable efforts to restore disruption in any service required of it that becomes unavailable. Notwithstanding the foregoing, if obtained by Tenant is prevented from using the Premises because of the unavailability of any such service for a period of five (5) consecutive business days, the restoration of which is within Landlord’s reasonable control, and such unavailability was not caused by a governmental directive, then Tenant shall be entitled pursuant to a reasonable abatement of rent for each consecutive day (after such five-day period) that Tenant is so prevented from using the Premisesthis paragraph.

Services and Utilities. Tenant shall pay be responsible for contracting directly with any applicable public utility company or third party provider for, and shall promptly pay, as the same become due, all charges for, water, gas, heat, light, powerelectricity, telephone, sewersewer service, sprinkler system charges waste pick-up and any other utilities utilities, materials and services furnished directly to or used on by Tenant at the Building during the Lease Term, including, without limitation, (i) meter, use and/or connection fees, hook-up fees, or from the Premises, together with any taxes, penaltiesstandby fees, and surcharges (ii) penalties for discontinued interrupted service. Tenant's use of electricity shall never exceed the capacity of the feeders to the Project or the like pertaining thereto and any maintenance charges for utilitiesrisers or wiring installations. Notwithstanding the foregoing, Tenant shall furnish all electric light bulbshave the right to upgrade such capacity, tubes at Tenant's sole cost, in order to accommodate Tenant's use of the Premises at any time during the Lease Term; provided that, any such upgrades by Tenant shall be performed pursuant to the terms and ballasts, battery packs for emergency lighting and fire extinguishers after the Commencement Date conditions of Article 8 of this Lease. If Any interruption or cessation of utilities resulting from any such services are causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area of the Project, shall not separately metered render Landlord liable for damages to either person or property or for interruption or loss to Tenant's business, nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof; provided that, to the extent the cause is the failure of Landlord to observe or perform an obligation of Landlord hereunder and such failure materially adversely affects Tenant’s possession, use or enjoyment of the Premises for the Permitted Use or materially adversely affects Tenant’s parking rights under this Lease, then Landlord shall initiate the cure of such failure, to the extent reasonably possible, promptly after receipt from Tenant of notice of the failure and Landlord, to the extent possible, shall thereafter diligently prosecute said cure to completion. Tenant acknowledges that Landlord may be required in the future to disclose information concerning Tenant's energy usage to certain third parties, including, without limitation, prospective purchasers, lenders and tenants of the Building ("Tenant Energy Use Disclosure"). Tenant shall reasonably cooperate with Landlord with respect to any Tenant Energy Use Disclosure. Without limiting the generality of the foregoing, Tenant shall pay such proportion of shall, within ten (10) days following request from Landlord, disclose to Landlord all charges jointly metered with other premises as non-proprietary, non-confidential information reasonably determined by Landlord. Any such charges paid requested by Landlord and assessed against in connection with such Tenant shall be payable to Landlord within thirty (30) days of demand therefor and shall be additional rent hereunder. Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utilityEnergy Use Disclosure, including, but not limited to, telecommunicationsthe amount of power or other utilities consumed within the Premises for which the meters for such utilities are in Tenant's name, electricitythe number of employees working within the Premises, water, sewer or gas, which is not previously providing such service to other tenants the operating hours for Tenant's business in the Building. Landlord shall Premises, and the type and number of equipment operated by Tenant in no event be liable for any interruption or failure of utility services on or to the Premises. Tenant acknowledges that this information shall be provided on a non-confidential basis and may be provided by Landlord to the applicable utility providers, the California Energy Commission (and other governmental entities having jurisdiction), and any third parties to whom Landlord is required to make any Tenant Energy Use Disclosure. Tenant hereby (A) consents to all such Tenant Energy Use Disclosures, and (B) acknowledges that Landlord shall use all commercially reasonable efforts not be required to restore notify Tenant of any service required of it Tenant Energy Use Disclosure. Tenant agrees that becomes unavailable. Notwithstanding the foregoing, if Tenant is prevented from using the Premises because none of the unavailability of any such service for a period of five (5) consecutive business days"Landlord Parties," as that term is defined in Section 10.1, the restoration of which is within Landlord’s reasonable controlbelow, shall be liable for, and Tenant hereby releases the Landlord Parties from, any and all loss, cost, damage, expense and liability relating to, arising out of and/or resulting from any Tenant Energy Use Disclosure. In addition, Tenant represents to Landlord that any and all information provided by Tenant to Landlord pursuant to this paragraph shall be, to the best of Tenant's knowledge, true and correct in all material respects, and Tenant acknowledges that Landlord shall rely on such unavailability was not caused by a governmental directive, then Tenant information. The terms of this paragraph shall be entitled to a reasonable abatement survive the expiration or earlier termination of rent for each consecutive day (after such five-day period) that Tenant is so prevented from using the Premisesthis Lease.

Services and Utilities. 13.1 Provided Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the Premises, together with any taxes, penaltiessha ll not be in default under this Lease, and surcharges or subject to the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers after the Commencement Date other provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord' s judgment for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service five (5) days per week only; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. If any such services are To the extent that Tenant is not separately metered to Tenantbilled directly by a public util ity, Tenant shall pay such proportion of all charges jointly metered with other premises as reasonably determined by Landlord. Any such charges paid by Landlord and assessed against Tenant shall be payable to Landlord pay, within thirty five (305) days of demand therefor and Landlord 's demand, for all electricity used by Tenant in the Premises. The charge shall be additional at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. Landlord reserves the right to install electric and/or water meters in the Premises or any part thereof. The cost of such meters shall be at Tenant's expense. Notwithstanding anything to the contrary contained in this Lease, provided there is no Event of Default under the Lease, electricity charges for the Initial Premise shall be abated for the first year of Term as set forth in the Initial Premises rent hereunderschedule on the Reference Pages. Tenant will not, without In the written consent absence of Landlord's gross negligence or willful misconduct, contract with a utility provider to service the Premises with any utilityLandlord shall not be liable for, including, but and Tenant shall not limited be entitled to, telecommunicationsany abatement or reduction of rental by reason of Landlord's failure to furnish any of the foregoing, electricity, water, sewer or gas, which unless such failure shall persist for an unreasonable time after written notice of such failure is not previously providing such service given to other tenants in the Building. Landlord by Txxxxx and provided further that Landlord shall in no event not be liable for when such fail ure is caused by accident, breakage, repairs, labor disputes of any interruption character, energy usage restrictions or failure by any other cause, sim ilar or dissimilar, beyond the reasonable control of utility services on or to the PremisesLandlord. Landlord shall use all commercially reasonable efforts to restore remedy any interruption in the furnishing of services and utilities. 13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Txxxxx, furnish such additional service required of it that becomes unavailable. Notwithstanding the foregoingan d Tenant agrees to pay Landlord such charges as may be agreed upon, if Tenant is prevented from using the Premises because of the unavailability including any tax imposed thereon, but in no event at a charge less than Landlord's actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service service. The current charge for a period of five (5) consecutive business daysafter-hours HVAC service, the restoration of which is within Landlord’s reasonable controlsubject to change at any time, and such unavailability was not caused by a governmental directive, then Tenant shall be entitled to a reasonable abatement of rent for each consecutive day (after such five-day period) that Tenant is so prevented from using specified on the PremisesReference Pages.

Services and Utilities. 9.1 Landlord agrees to furnish to the Premises during generally recognized business days from 7:00 a.m. to 6:00 p.m. Monday through Friday, excluding legal holidays, and from 7:00 a.m. to 12:00 p.m. on Saturday, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for desk top office equipment, personal computers, office copying equipment, and heating, ventilation and air conditioning (“HVAC”) as required in Landlord’s judgment for the comfortable use and occupancy of the Premises. If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant of not less than forty-eight (48) hours in advance of the requested usage. Tenant shall pay Landlord’s charges (current charge $50 per hour per floor) therefore on demand. Tenant shall have access to the Building twenty-four (24) hours a day three hundred and sixty-five (365) days a year during the Term via secured key cards. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for all waterany damages directly or indirectly resulting from, gasnor shall the Rent be abated by reason of (i) the installation, heatuse or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, light(ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from by the making of necessary repairs or improvements to the Premises, together Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any taxessuch services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by HVAC system, penaltiesLandlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and surcharges or maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Notwithstanding the like pertaining thereto foregoing, Tenant shall have the right to enter into separate contracts for the maintenance and any repair of supplemental HVAC equipment and systems that service the MDF and IDF spaces with the Landlord’s then current HVAC maintenance charges for utilitiescompany, which as of the Effective Date, is XxxXxxxxx Xxxxxx. Tenant shall furnish all not connect any apparatus with electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers after current except through existing electrical outlets in the Commencement Date of this LeasePremises. If any such services are not separately metered to Tenant, Tenant shall pay such proportion not consume water in excess of all charges jointly metered with other that usually furnished or supplied for the use of premises as reasonably general office space (as determined by Landlord. Any such charges paid by Landlord and assessed against Tenant shall be payable to Landlord within thirty (30) days of demand therefor and shall be additional rent hereunder. Tenant will not), without first procuring the written consent of Landlord, contract with a utility provider to service which consent shall be in Landlord’s sole discretion. Landlord will install an electrical current submeter in the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in measure the Buildingamount of electric current consumed by Tenant. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premises. Landlord shall use all commercially reasonable efforts to restore any service required of it that becomes unavailable. Notwithstanding the foregoing, if Tenant is prevented from using the Premises because of the unavailability The cost of any such service for a period of five (5) consecutive business days, the restoration of which is within Landlord’s reasonable control, electrical meter maintenance and such unavailability was not caused by a governmental directive, then Tenant repair shall be entitled paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such actual electric current consumed as shown by said submeters, at the rates charged for such services by the local public utility. 9.2 Landlord shall furnish elevator service, lighting replacement for Building standard lights, restroom supplies, window washing, security and janitor services in a reasonable abatement of rent for each consecutive day (after manner that such five-day period) that Tenant is so prevented from using services are customarily furnished to comparable office buildings in the Premisesarea. The janitorial services to be provided by Landlord are further described in Exhibit G attached hereto and incorporated herein by reference.

Services and Utilities. Tenant 13.1 The Building is at all times subject to the exclusive control, management and operation of Landlord. Subject to the terms and provisions of this Lease, Landlord has the right with respect to such control, management and operation to: i. obstruct or close off all or any part of the Property for the purpose of maintenance, repair or construction, provided that Tenant's use of or access to the Premises is not unreasonably impaired thereby; ii. employ all personnel necessary for the operation and management of the Building, either directly or through an experienced third party property management company and, in connection therewith, Landlord shall pay maintain adequate personnel at the Building twenty-four (24) hours per day, seven (7) days per week; iii. construct other improvements and make alterations, additions, subtractions or re-arrangements, construct facilities adjoining or proximate to the Building, including underground tunnels and pedestrian walkways and overpasses, provided that Tenant's use of, normal operations in or access to, the Premises in accordance with the Permitted Uses is not impaired thereby; iv. do and perform such other acts in and to the Building and, in connection with performing any maintenance or repair obligations of Landlord, in and to the Premises and to have access thereto, as, in the use of good business judgment, Landlord determines to be advisable for all waterthe more efficient and proper operation of the Building and Premises, gasprovided that Tenant's use of, heatnormal operations in or access to, lightthe Premises in accordance with the Permitted Uses is not unreasonably impaired thereby; and v. reasonably control, powersupervise and regulate the parking areas in such manner as the Landlord determines from time to time. 13.2 During the Term, telephonethe Landlord shall provide, seweror cause to be provided, sprinkler system charges and other utilities and services used on or from to the Premises, together with any taxesthe following services and utilities upon the terms and subject to the conditions set out in this Article XIII and in Exhibit F attached hereto: i. the heating, penalties, ventilation and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers after the Commencement Date of this Lease. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as reasonably determined by Landlord. Any such charges paid by Landlord and assessed against Tenant shall be payable to Landlord within thirty air conditioning (30) days of demand therefor and shall be additional rent hereunder. Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utility“HVAC”), including, but not limited towithout limitation, telecommunicationssufficient CRAH power (“CRAH Power”) and chiller plant power (“Chiller Plant Power”), electricityfor the Premises shall be provided at all times in order to maintain the Environmental Conditions (as hereinafter defined), including maintaining a temperature adequate for normal occupancy in accordance with the Permitted Uses, including heat rejection equipment capable of handling 2.4 megawatts of Critical Load Power in each of Xxx 0, Xxx 0, Xxx 00 and Pod 11 and 1.0833 megawatts of Critical Load Power in Xxx 0X, subject to the provisions of Section 1.1 hereof; ii. water, sewer or gasgas and fuel in amounts no less than the amounts customarily provided by the owners of similarly-sized, which is not previously providing such service to other tenants first class data centers, as installed in the BuildingBuilding and Premises; iii. PDUs sufficient to support 2.4 megawatts of Critical Load Power to each of Xxx 0, Xxx 0, Xxx 00 and Pod 11 and 1.0833 megawatts of Critical Load Power to Xxx 0X, subject to the provisions of Section 1.1 hereof; iv. the Telecommunications Conduits exclusively serving the Pods of the Premises and the Feeder Conduits shall be provided to Tenant as set forth in Section 11.3 above; provided, however, that Tenant may, pursuant to said Section 11.3, utilize one (1) or more Approved Fiber Providers for the connection of new fiber lines from and through each of the Telecommunications Duct Banks to the Building and into the POEs; v. security for the Building in accordance with Article V hereof; and vi. loading dock facilities convenient to the Premises twenty-four (24) hours a day, seven (7) days a week. Landlord shall in no event be liable for any interruption or failure of utility services represents, warrants and covenants to Tenant that, commencing on or each Lease Commencement Date and throughout the Lease Term, (I) Critical Load Power up to the Stage 1 Maximum Load Limit, the Stage 2 Maximum Load Limit and the Maximum Load Limit, as applicable, will be available to the Stage 1 Pod, the Stage 2 Pods and all Pods of the Premises, as applicable, (II) the Stage 1 Pod, the Stage 2 Pods and the Stage 3 Pods, as applicable, shall be provided with a dedicated back-up system for such Critical Load Power, including UPS and Engine Generators and (III) all Building infrastructure shall be operational in accordance with industry standards and procedures for first-class data centers, accounting for, among other things, repairs, scheduled maintenance and emergency situations. Landlord further represents and warrants that the critical electrical systems of ACC6 Phase I and ACC6 Phase II are each designed in an isolated parallel 10N + 2R configuration with 13.0 megawatts of Critical Load Power over the raised floor space to each of ACC6 Phase I and ACC6 Phase II, thus 9.7501 megawatts of Critical Load Power with N+2R redundancy, shall use all commercially reasonable efforts be available to restore any service required of it that becomes unavailable. Notwithstanding the foregoing, if Tenant is prevented from using the Premises because of the unavailability of any such service for a period of five (5) consecutive business days, the restoration of which when all infrastructure is within Landlord’s reasonable control, and such unavailability was not caused by a governmental directive, then Tenant shall be entitled to a reasonable abatement of rent for each consecutive day (after such five-day period) that Tenant is so prevented from using the Premisesoperational as provided herein above. [*****]. The Building's critical mechanical systems are designed in an N+2 configuration.

Services and Utilities. Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and 13.1. Subject to the other utilities and services used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers after the Commencement Date provisions of this Lease, Landlord agrees to furnish to the Premises the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for the Permitted Uses; (b) heat and air conditioning required for the use and occupation of the Premises for the Permitted Uses during Building Business Hours (and if requested by Tenant after Building Business Hours at the After Hours HVAC Cost); (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. If any To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within ten (10) days of Landlord’s demand, for all electricity used by Tenant in the Premises as measured by a submeter, including, all electricity for lights, plugs and supplemental HVAC. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for such services are by the local public utility. Landlord will include electricity costs to operate the base building HVAC system in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not separately metered be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. 13.1.1. Notwithstanding the foregoing to the contrary, if and to the extent that electricity for the Premises is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per rentable square foot of the Premises per annum, which is Landlord’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such amount to be increased from time to time by notice from Landlord to Tenant based on historical usage and cost or to the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder. 13.1.2. On not less than an annual basis (or on such other billing cycle as Landlord shall determine), Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to Section 13.1.1 is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such proportion deficiency to Landlord as additional rent in one lump sum within thirty (30) days of all receipt of Landlord’s xxxx therefor. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to Section 13.1.1 is more than the actual charges jointly metered with other premises as reasonably determined measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash. 13.2. Any Should Tenant require HVAC service outside of Building Business Hours, Landlord shall, upon reasonable advance notice by Tenant, furnish such charges additional HVAC service outside of Building Business Hours, and Tenant agrees to pay Landlord the After Hours HVAC Cost as may be agreed upon but in no event at a charge less than Landlord’s actual costs plus overhead for such additional service and ,where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. 13.3. Wherever heat generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Tenant’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten (10) days of Landlord’s demand; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and assessed against if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no event exceed thirty (30) days), then Landlord shall have the right to proceed with the installation of such units as more particularly set forth hereinabove. 13.4. Tenant will not, without the written consent of Landlord, use any equipment or devices in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 xxxxx and/or 20 amps or 120 volts in the aggregate, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises for the Permitted Uses, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises for the Permitted Uses, Tenant shall procure the prior written consent of Landlord for the use thereof, which Landlord shall not unreasonably withhold or delay. Landlord shall install an electric submeter in the Premises at Landlord’s cost as part of Landlord’s Work in accordance with Exhibit B. In the event that Landlord reasonably believes that Tenant is using water in excess of that usually furnished or supplied for use of the Premises for the Permitted Uses, then Landlord may cause a water meter to be payable installed so as to measure the amount of any excess water usage. The cost of any such water meter shall be paid for by Tenant. Tenant agrees to pay to Landlord within thirty (30) days of demand therefor Landlord’s demand, the cost of all such excess water and shall be additional rent hereunderelectric current consumed (as shown by said meters) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same. 13.5. Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premises. Landlord shall use all commercially reasonable efforts to restore disruption in any service required of it that becomes unavailable. Notwithstanding the foregoing, if obtained by Tenant is prevented from using the Premises because of the unavailability of any such service for a period of five (5) consecutive business days, the restoration of which is within Landlord’s reasonable control, and such unavailability was not caused by a governmental directive, then Tenant shall be entitled pursuant to a reasonable abatement of rent for each consecutive day (after such five-day period) that Tenant is so prevented from using the Premisesthis paragraph.

Services and Utilities. 13.1 Provided Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the Premises, together with not be in default under this Lease beyond any taxes, penaltiescure period, and surcharges or subject to the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers after the Commencement Date other provisions of this Lease, Landlord agrees to furnish to the common areas of the Building during ordinary business hours on generally recognized business days (but exclusive in any event of Sundays and legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the common area; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the common areas of the Building; (c) cleaning and janitorial service for common areas; (d) elevator service by non-attended automatic elevators; (e) such window washing as may from time to time in Landlord’s judgment be reasonably required; and, (f) provisions to bring electricity to the floor of the Premises an amount equal to no less than 600 amps @ 480V and 500kw emergency generator power on or before the Commencement Date. If any such services are To the extent that Tenant is not separately metered to Tenantbilled directly by a public utility, Tenant shall pay pay, upon demand, as additional rent, for all electricity used by Tenant in the Premises. The charge shall be at the pro rata rates charged for such proportion services by the local public utility. Except in the event of all charges jointly metered with other premises as reasonably determined by Landlord. Any such charges paid ’s negligence or intentional misconduct, or breach of this Lease by Landlord beyond any applicable cure period, Landlord shall not be liable for, and assessed against Tenant shall not be payable entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for fifteen (15) days after written notice of such failure is given to Landlord within thirty (30) days by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of demand therefor and shall be additional rent hereunder. Tenant will notany character, without energy usage restrictions or by any other cause, similar or dissimilar, beyond the written consent reasonable control of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premises. Landlord shall use all commercially reasonable efforts to restore remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a force majeure event or as permitted in Section 17.1 below) exercise any right of Landlord to reduce, interrupt or cease service required of it the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the Property, without advising Tenant at least seventy two (72) hours in advance of Landlord’s requirements so that becomes unavailable. Notwithstanding Landlord and Tenant may arrange procedures for accomplishing Landlord’s goals and minimize the foregoinginterruption to Tenant’s use, if Tenant is prevented from using possession and occupancy of the Premises because for the purpose of conducting its business on a continuing basis. Landlord shall notify Tenant immediately upon Landlord’s knowledge of any interruption of the unavailability above services. 13.2 Should Tenant require any additional work or service, as described above and in Paragraph 38, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge more or less than Landlord’s actual cost for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. 13.3 Wherever heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to require Tenant to install supplementary air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant. 13.4 If Tenant shall require water or electric current in excess of that required to be furnished or supplied for use in the Premises as set forth in the Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. The cost of any such service meters and any additional installations or expense required or incurred as a result of the increased capacity shall be paid for a period of five (5) consecutive business daysby Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, the restoration cost of which is within all such excess water and electric current consumed (as shown by said meters, if any, or, if there are no separate meters, as reasonably estimated by Landlord’s reasonable control) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional out-of-pocket expense incurred in keeping account of the water and such unavailability was not caused by a governmental directive, then Tenant shall be entitled to a reasonable abatement of rent for each consecutive day (after such five-day period) that Tenant is electric current so prevented from using the Premisesconsumed.

Services and Utilities. (a) With the exception of the Direct Expense exclusions stated in Paragraph 7(d), Landlord agrees, subject to reimbursement by Tenant shall pay to Landlord of the cost thereof pursuant to Paragraph 7(a)(i), to provide to the Premises heat and air conditioning reasonably required for all waterthe comfortable use and occupation of the Premises as reasonably required by Tenant, and electricity, gas, heatwater, lightsewer service, powerjanitorial service, telephoneand trash removal. As a Direct Expense of the Project, sewerLandlord shall provide all utilities for the Common Areas of the Project, sprinkler system charges landscaping and elevator services. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by power disruptions, accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause beyond the reasonable control of Landlord, unless there is an interruption of utilities and services used on to the Project or from the Premises, together such interruption substantially interferes with any taxes, penaltiesthe normal conduct of Tenant’s business in the Premises, and surcharges such interruption continues for ten (10) consecutive business days or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbsmore, tubes and ballasts, battery packs for emergency lighting and fire extinguishers after the Commencement Date of this Lease. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as reasonably determined by Landlord. Any such charges paid by Landlord and assessed against in which event Tenant shall be payable entitled to an equitable abatement of Monthly Base Rent in proportion to the extent that normal conduct of Tenant’s business has been interfered with, commencing on the eleventh (11th) consecutive business day of such interruption, and continuing until the utilities or services are restored. Landlord within thirty shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing, or as a result of the failure or interruption of any utility or other service provided to the Premises for any reason beyond the reasonable control of Landlord, including any failure of telephone or data cabling or telecommunications facilities. (30b) days of demand therefor and shall be additional rent hereunder. Tenant will not, without the written consent of Landlord, contract with a utility provider to service use any apparatus or device in the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gasusing in excess of two hundred eight (208) volts, which is not previously providing such service to other tenants will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in the Building. Landlord shall in no event be liable Premises, any apparatus or device, for any interruption or failure the purpose of utility services on or to the Premises. Landlord shall use all commercially reasonable efforts to restore any service required of it that becomes unavailable. Notwithstanding the foregoing, if Tenant is prevented from using the Premises because of the unavailability of any such service for a period of five (5) consecutive business days, the restoration of which is within Landlord’s reasonable control, and such unavailability was not caused by a governmental directive, then Tenant shall be entitled to a reasonable abatement of rent for each consecutive day (after such five-day period) that Tenant is so prevented from using the Premiseselectric current.

Services and Utilities. 13.1 Provided Tenant shall pay not be in default under this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within five (5) days of Landlord’s demand, for all waterelectricity used by Tenant in the Premises. The charge shall be at the rates charged for such services by the local public utility. Alternatively, gasLandlord may elect to include electricity costs in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. 13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages. 13.3 Wherever heat-generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, lightin either event whether with or without Landlord’s approval, powerLandlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, telephoneincluding the cost of installation and the cost of operations and maintenance, sewershall be paid by Tenant to Landlord within five (5) days of Landlord’s demand. 13.4 Tenant will not, sprinkler system charges and other utilities and services used on without the written consent of Landlord, use any apparatus or from device in the Premises, together including but not limited to, electronic data processing machines and machines using current in excess of 2000 xxxxx and/or 20 amps or 120 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises for normal office use, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any taxes, penalties, and surcharges apparatus or device for the like pertaining thereto and any maintenance charges for utilitiespurposes of using electrical current or water. If Tenant shall furnish all require water or electric light bulbs, tubes and ballasts, battery packs current in excess of that usually furnished or supplied for emergency lighting and fire extinguishers after use of the Commencement Date of this Lease. If any such services are not separately metered to TenantPremises as normal office use, Tenant shall pay procure the prior written consent of Landlord for the use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount or such proportion excess water and electric current. The cost of all charges jointly metered with other premises as reasonably determined by Landlord. Any any such charges paid by Landlord and assessed against Tenant meters shall be payable paid for by Tenant. Tenant agrees to pay to Landlord within thirty five (305) days of demand therefor Landlord’s demand, the cost of all such excess water and shall be electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional rent hereunder. expense incurred in keeping account of the water and electric current so consumed. 13.5 Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Landlord Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to the Premises, sufficient for normal general office use of the Premises. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Landlord’s shall in no event be liable for any interruption or failure of utility services on or to the Premises. Landlord shall use all commercially reasonable efforts to restore disruption in any service required of it that becomes unavailable. Notwithstanding the foregoing, if obtained by Tenant is prevented from using the Premises because of the unavailability of any such service for a period of five (5) consecutive business days, the restoration of which is within Landlord’s reasonable control, and such unavailability was not caused by a governmental directive, then Tenant shall be entitled pursuant to a reasonable abatement of rent for each consecutive day (after such five-day period) that Tenant is so prevented from using the Premisesthis paragraph.