Common use of Utilities and Services Clause in Contracts

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, Project been ninety-five percent (95%) fully occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than placement of personal property as expressly permitted set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. Commencing on the Term Commencement Date, Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated waterwater if provided in the Building), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant or obtained directly by Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent part of Tenant’s Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills Electrical service at an average of 8 xxxxx per the Rentable Area of the Premises shall be provided to the Premises (including electricity used for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or the air handling units exclusively servicing the Premises and for any rooftop equipment installed by Tenant with Landlord’s express written consent), and shall be submetered to the Premises (which submetering shall be installed by Tenant as part of the next Tenant Improvements) and paid by Tenant at Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excessthereof. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) fully occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet refuse pickup, janitorial service, cable televisioninterior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other telecommunications and other utilities supplied service furnished to the Premises, together with and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any feesrent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, surcharges if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and taxes thereon. If any building services, such utility is as fire protection or water, so that all or a portion of the Premises cannot separately metered to be used by Tenant, Tenant shall then Tenant's obligation to pay Tenant’s Adjusted Share of all charges Basic Rent and Operating Expenses (or an equitable portion of such utility jointly metered with other premises as Additional Basic Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement Operating Expenses to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy all of the Building or Project (as applicablePremises are affected) to equal Landlord’s reasonable estimate of what such utility usage would have been had shall thereafter be abated until the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearPremises are again useable by Tenant; provided, however, that if Landlord shall not recover more than one hundred percent (100%) of is diligently pursuing the cost repair of such utilities. Tenant utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be liable for an abatement of Basic Rent or Operating Expenses. Any disputes concerning the cost foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of utilities supplied to this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the Premises attributable to event of such an interruption of services, and shall not apply in the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession case of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose actions of parties other than as expressly permitted Landlord, its employees, contractors or authorized agents, or in Section 4.3case of damage to, then Tenant or destruction of, the Premises, which shall be responsible for governed by the cost provisions of utilities supplied to Article XI of the Premises from such earlier date of possessionLease.

Utilities and Services. 16.1. Tenant shall Landlord will pay for all water (including the cost to serviceand provide Tenant with internet access, repair water, sewer, trash pickup at dumpster, and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered up to Tenant’s electricity utility allowance amount that are used in the Bedroom and/or dwelling unit during the term of this Individual Lease Contract. However, Tenant shall pay for each four-month period in which the total of such charges exceed the electricity utility allowance established by Landlord pursuant to written notices served upon Tenant, immediately reimburse Landlord as other rent Tenant’s Adjusted Share of all charges pro-rata share of such excess utility jointly metered with charges for electricity. Landlord agrees to xxxx Tenant after the end of each four-month period for any such amount of excess utility charges and Tenant agrees to pay said other premises rent for such excess utility charge, the first of the month following such billing. Landlord further agrees to make available utility bills and all calculations determining Tenant’s pro-rata share in Landlord’s office for a month following said billing.‌‌ For Kensington Xxxxxxx, the only two utilities that Landlord will xxxx Tenant for is propane gas for the gas logs and electricity if Tenant exceeds the utility allowance for electricity as Additional Rent orlisted below. See the “Utilities, Gas Logs” (ILCA, Article IV, Section 1.7) for details on how Tenant pays for propane gas for gas logs. Tenant’s share for electricity will be computed as follows: the first four- month period for billing purposes will begin at the start of the electric company’s regular monthly billing cycle in August of each and 72 degrees and air conditioning (if available) set at between 70 and 74 degrees (this heat temperature range takes precedence over any temperature range stated in Rules & Regulations, Article II. Tenant is not allowed to install a window air conditioner without Landlord’s permission and if Tenant does so he is to pay Landlord the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the Landlord’s estimated cost of purchasingelectricity to operate it. Tenant is required as a condition of this Individual Lease Contract as stated in Communications and Electronic Documents” (R&R, installing Article II, Section 17) to provide Landlord with their working email address, cellular number, and monitoring such metering equipmentVOIP number or landline number (if applicable), which cost shall be paid by to keep them in working order and to provide Landlord with any changes to them. Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges expressly consents that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) use them to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Projectcontact Tenant for transactional and informational purposes, as applicableLandlord deems necessary. For additional utility requirements and information see “Utility Requirements” (R&R, been ninety-five percent (95%) occupied during such calendar year; providedArticle II, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession77).

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. Utilities for the HVAC system that supports the Lab Zone shall be billed to Tenant on a proportionate basis. If any such utility is not separately metered or submetered to Tenant, Tenant shall pay Tenant’s Adjusted Share of Operating Expenses or Laboratory Support Expenses, as the case may be, of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the PremisesPremises no less than quarterly. To the extent that Tenant uses more than Tenant’s Pro Rata Share of Laboratory Building of any utilitiesutilities attributable to the Base Building Laboratory Support Systems or more than Tenant’s Pro Rata Share of Building of any utilities attributable to the Building other than the Base Building Laboratory Support Systems, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. In the event that the Laboratory Building is less than fully occupied during any portion of the Term, Tenant acknowledges that during such time, Landlord shall charge Tenant for the Laboratory Support Expenses (other than those utilities that are metered and submetered) based on Tenant’s pro rata share of the occupied Laboratory Building (“Occupied Lab Share”), rather than Tenant’s Pro Rata Share of Laboratory Building, as determined by Landlord based on the ratio of the Rentable Area of the Premises to the total Rentable Area of the Laboratory Building for which there are leases (including this Lease) with terms that have commenced, expressed as a percentage of the Laboratory Support Expenses. Landlord shall have the right to recalculate the Occupied Lab Share from time to time as occupancy of the Laboratory Building changes. Except as expressly provided herein or approved by Landlord, Tenant shall only be entitled to use Tenant’s Pro Rata Share of Laboratory Building of Base Building Laboratory Support Systems, regardless of whether Tenant is paying its Occupied Lab Share or Pro Rata Share of Laboratory Building of the costs thereof. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Rent Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of to commence and Tenant does so commence business operations in the Premises prior to the Term Rent Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3Date, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessiondate.

Utilities and Services. 16.1Landlord, at its expense, shall cause the Leased Premises to be individually metered for gas and electricity service, and shall install the meters and meter vaults and provide the service connections specified in the Plans and Specifications and as otherwise customarily provided. Landlord shall pay for all impact fees, tap fees, hook-up fees, sewer capacity fees, meters, meter vaults and any and all other associated fees whatsoever in connection with the provision of utilities to the Leased Premises, except Tenant shall pay for any service connection fees. Tenant shall obtain in its own name and pay directly to the appropriate supplier the cost of all water (utility services used solely on the Leased Premises, including the cost to serviceremoval and disposal of trash from the Leased Premises. However, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other if any services or utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility are jointly metered with other premises as Additional Rent or, in the alternativeproperty, Landlord may, at its option, monitor the usage shall make a reasonable determination of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) proportionate share of the cost of such utilitiesutilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall pay such share to Landlord as a part of Operating Expenses. Tenant Except as provided below, Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other Building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. In the event of utility “deregulation”, Landlord shall choose the service provider. All utility services to the Leased Premises shall be provided by utility providers unaffiliated with Landlord, and shall not be subject to surcharge, xxxx up or other cost increase by Landlord. If Landlord fails to provide utility service specifically required to be provided by Landlord under this Lease, and such interruption of service renders the Leased Premises or any portion of the Leased Premises untenantable for more than three (3) consecutive business days after Landlord receives written notice from Tenant of such interruption of service, then rent shall xxxxx with respect to the area which is affected for each such consecutive day after the third business day during which the interruption continues. The rent abatement shall equal the then current Monthly Rental Installment due for the cost period of utilities supplied the interruption with respect to the square footage affected. The Leased Premises attributable shall be considered untenantable if Tenant does not use the Leased Premises or portion thereof affected in the conduct of its normal business operations as a result of said interruption of service to the time period prior Leased Premises. It is agreed and understood that Tenant shall not use nor be entitled to use the Term Commencement Date; providedLeased Premises or portion thereof affected to conduct its normal business operations during any day for which Landlord is obligated to xxxxx rent hereunder. The abatement herein provided shall be Tenant’s sole and exclusive remedy for interruption of service. In all events, however, that, if Landlord shall permit Tenant possession of the Premises prior agrees to the Term Commencement Date and Tenant uses the Premises for use its reasonable efforts to restore any purpose utility service that is interrupted (other than by the actions of Tenant, its agents and contractors) as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionsoon as possible.

Utilities and Services. 16.1. Landlord shall pay the appropriate service provider for all water (from a local municipal or similar source) and gas supplied to the Premises. Tenant shall pay Tenant’s Pro Rata Share of all charges of such utilities as part of Operating Expenses; provided, however, that if Tenant’s consumption of any such utility exceeds that of a typical office user (as reasonably determined by Landlord), then Tenant shall pay to Landlord (as Additional Rent outside of Operating Expenses within thirty (30) days of receiving an invoice from Landlord therefor) the total cost of such excess consumption (including, without limitation, the cost of purchasing, installing and monitoring any metering equipment Landlord deems reasonably necessary to monitor such excess consumption). Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities electricity supplied to the PremisesPremises (which Premises are currently separately sub-metered), together with any fees, surcharges and taxes thereon. If any such utility In the event that electricity is not separately metered to TenantTenant for any period of time during the Term, Tenant shall pay to Landlord (as Additional Rent outside of Operating Expenses within thirty (30) days of receiving an invoice from Landlord therefor) Tenant’s Adjusted Pro Rata Share of all charges of such utility electricity jointly metered with other premises premises; provided, however, that if Tenant’s consumption of electricity exceeds Tenant’s Pro Rata Share (as Additional Rent orreasonably determined by Landlord), in then Tenant shall pay to Landlord the alternative, Landlord may, at its option, monitor the usage total cost of such utilities by Tenant and charge Tenant with excess consumption (including, without limitation, the cost of purchasing, installing and monitoring any metering equipment Landlord deems reasonably necessary to monitor such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excessexcess consumption). In the event that the Building or Project is less than fully ninety-five percent (95%) occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, Project been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than placement of personal property as expressly permitted set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. 16.1 From and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement (or more frequently, as determined by Landlord) to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if date upon which Landlord shall permit Tenant delivers possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost purpose of utilities supplied to commencing the Premises from such earlier date of possessionTenant Improvements.

Utilities and Services. 16.1. Commencing on the Term Commencement Date, Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or bxxxxxxx as part of the next Landlord’s Statement (or more frequently, as determined by Landlord) to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. Tenant (a) Lessee shall contract for and pay for directly all telephone, telecommunications and janitorial service and shall pay for all water (including Lessor Lessor’s reasonable estimate of the cost to service, repair and replace reverse osmosis, de-ionized and other treated water)of all electricity, gas, heatwater, light, power, telephone, internet heat and air conditioning service, cable televisionsewer charges, other telecommunications and all other utilities or services supplied to or consumed by Lessee, its agents, employees, contractors, and invitees on or about the Premises. Lessee acknowledges that (i) the Premises are not currently separately metered, together with any feesand Lessor shall reasonably and equitably estimate the cost of the utilities provided to the Premises (provided, surcharges and taxes thereon. If any such utility is not separately metered however, Lessor anticipates providing a disproportionate (based on square footage) amount of the utilities to TenantLessee, Tenant agreed at 38.5%, based on Lessee’s anticipated use of the Premises), which shall pay Tenantbe fixed throughout the Term based on Lessee’s Adjusted Share use of all charges of such utility jointly metered with other premises common utilities as Additional Rent or, in compared to the alternative, Landlord may, at its option, monitor the usage use of such utilities by Tenant other tenants of the Building, (ii) Lessor shall have the right, at its sole cost (unless Lessor reasonably determines that Lessee has been using more than 38.5% of utilities, in which case such metering shall be at Lessee’s cost) to separately meter the Premises and charge Tenant with (iii) Lessor may include the cost of purchasingsuch utilities in Operating Expenses or may separately invoice the cost of such utilities to Lessee, installing and monitoring in which case Lessee shall pay such metering equipment, which cost amounts within thirty (30) days of Lessor’s delivery of an invoice. Such payments shall be paid by Tenant as constitute Additional Rent, and Lessee’s failure to make such payments on a timely basis will result in a late charge as provided in Paragraph 6(b) and constitute a default as described in Paragraph 22. Landlord may base its bills for Lessor shall reasonably determine Lessee’s actual usage of common utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part 38.5% of the next Landlord’s Statement to reflect the actual cost of providing utilities utilities, not less frequently than annually and shall deliver prompt written notice to Lessee of such determination, the amount of any underpayment or overpayment made by Lessee as to such utility usage and any adjustment to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share amount of such utilities to be paid by Lessee thereafter to more accurately reflect Lessee’s usage thereof. Lessor shall credit any overpayment to the amount of Monthly Base Rent next coming due (or, if this Lease has expired, refund such excess. In the event that the Building amount to Lessee within thirty (30) days thereafter (after first deducting any amounts owing by Lessee under this Lease)) or Project is less than fully occupied during a calendar yearLessee shall, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy within thirty (30) days of the Building or Project (as applicable) to equal LandlordLessor’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost delivery of such utilities. Tenant shall not be liable for determination, pay the cost amount of utilities supplied such underpayment to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionLessor.

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building Building, North Campus or Project Project, as applicable, is less than fully occupied during a calendar yearoccupied, Tenant acknowledges that Landlord may extrapolate utility usage that varies vary depending on the occupancy of the Building Building, North Campus or Project, as applicable, by dividing (a) the total cost of utility usage by (b) the Rentable Area of the Building, the North Campus or Project (as applicable) to equal Landlord’s reasonable estimate that is occupied, then multiplying (y) the resulting quotient by (z) one hundred percent (100%) of what such utility usage would have been had the Building total Rentable Area of the Building, North Campus, or Project, Project (as applicable). Tenant shall pay Tenant’s Share of the product of (y) and (z), been ninety-five percent (95%) occupied during such calendar yearsubject to adjustment based on actual usage as reasonably determined by Landlord; provided, however, that that, Landlord shall not recover more than one hundred percent (100%) of the cost of such utilitiesutility costs. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any the purpose other than as expressly permitted in Section 4.3of conducting business therein, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. Tenant shall obtain in its own name and pay for all water (including directly to the appropriate supplier the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility utilities and services serving the Leased Premises. However, if any services or utilities are jointly metered with other premises as Additional Rent or, in the alternativeproperty, Landlord may, at its option, monitor the usage shall make a reasonable determination of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) proportionate share of the cost of such utilitiesutilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers to Tenant) and Tenant shall pay such share to Landlord within fifteen (15) days after receipt of Landlord’s written statement. Tenant Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. In the cost event of utilities supplied utility “deregulation”, Landlord may choose the service provider. Notwithstanding anything in this Lease to the Premises attributable to the time period prior to the Term Commencement Date; providedcontrary, however, that, if Landlord shall permit use commercially reasonable efforts to promptly restore utility service, provided that such restoration is within Landlord’s control. In the event restoration of service is within Landlord’s control and Landlord fails to restore such service within a reasonable time, thereby causing the Leased Premises to be rendered untenantable by Tenant possession (meaning that Tenant is unable to use such space in the normal course of its business) for more than ten (10) consecutive days after receipt of notice from Tenant that such service has been interrupted and a reasonable opportunity for Landlord to restore such service, Minimum Annual Rent shall xxxxx on a per diem basis for each day after such ten (10) day period during which the Leased Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionremain untenantable.

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet refuse pickup, janitorial service, cable televisioninterior landscape maintenance and all other utilities, other telecommunications materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If any such utility is utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s Adjusted Share of all charges proportionate share of such utility jointly metered with other premises as Additional Rent or, costs in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rentmanner set forth in Section 4.2. Landlord may base its bills shall not be liable for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter damages or as part otherwise for any failure or interruption of the next Landlord’s Statement to reflect the actual cost of providing utilities any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. To Landlord shall at all reasonable times have reasonable access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy all of the Building or Project (as applicablePremises are affected) to equal Landlord’s reasonable estimate of what such utility usage would have been had shall thereafter be abated until the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearPremises are again usable by Tenant; provided, however, that if Landlord shall not recover more than one hundred percent (100%) of is diligently pursuing the cost repair of such utilities. Tenant utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be liable for an abatement of Basic Rent. The foregoing provisions shall be Tenant’s sole recourse and remedy in the cost event of utilities supplied to such an interruption of services, and shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises attributable to (which shall be governed by the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession provisions of Article XI of the Premises prior to Lease). Any disputes concerning the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant foregoing provisions shall be responsible for the cost submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of utilities supplied to the Premises from such earlier date of possessionthis Lease.

Utilities and Services. 16.1The following utilities and services will be the responsibility of: Utilities and Services Electric Tenant Pays Water Tenant Pays Sewer Tenant Pays Gas Tenant Pays Cable TV Tenant Pays Trash Tenant Pays Pool Maintenance N/A Landscaping N/A Pest Control Landlord Pays TENANT hereby covenants to pay all charges for the utilities and services indicated above as TENANT responsibility. Tenant LANDLORD shall not be responsible for any delay in the installation of any utility service nor for the interruption in the use and service of such commodity or for damage to TENANT’s personal property caused by, or in connection with, such services. TENANT shall pay and hold LANDLORD, LANLORD’s AGENT, its LANDLORD’s, members, partners, affiliates, agents, servants and/or employees harmless from all of the charges for all water (including the cost services indicated above for service provided to service, repair the Premises and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and any other utilities supplied billed individually to the occupant of the Premises, together and TENANT agrees to open accounts in TENANT’s name with any fees, surcharges and taxes thereoneach of the utility companies. If any such utility the utilities which TENANT is not separately metered to Tenantresponsible for are still in LANDLORD’s name at the time TENANT takes occupancy, Tenant TENANT agrees that LANDLORD shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of order such utilities to reflect such excessbe terminated. In It shall be the event that responsibility of TENANT to clean and/or replace all air conditioning filters at least once every other month during the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy term of the Building or Project (as applicable) TENANT’s occupancy. Any service calls and/or damage to equal Landlordequipment caused by TENANT’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable failure to properly maintain filters will result in TENANT being charged for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession repairs and/or replacement. LANDLORD may stop service of the Premises prior plumbing, heating, and air cooling or electrical systems because of accident, emergency, repairs, or changes until the work is complete. If unable to the Term Commencement Date and Tenant uses the Premises for supply any purpose service because of labor disputes, government order, lack of fuel supply, act of nature or war, other than as expressly permitted in Section 4.3cause not controlled by LANDLORD, then Tenant LANDLORD is excused from supplying that service. Service shall resume when LANDLORD is able to supply it. TENANT shall be responsible for contacting and arranging for any utility service not provided by LANDLORD, and for any utilities not listed above. TENANT acknowledges that LANLORD will not provide TENANT with the cost of utilities supplied keys to the Premises from such until the LANLORD has been provided with proof that utilities have been transferred into TENANT’s name. TENANT shall be responsible for having these same utilities disconnected on the day TENANT delivers the Premises back unto LANLORD upon expiration or earlier date termination of possessionthis Lease.

Utilities and Services. 16.1. Commencing on the Term Commencement Date, Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement (or more frequently, as determined by Landlord) to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. Tenant shall pay all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power---------------------- electricity, telephone, internet servicecentral station monitor, cable televisionrefuse pickup, other telecommunications janitorial services, and all other utilities and services supplied or furnished to the PremisesPremises during the term of this Lease, together with any fees, surcharges and taxes thereon. Said utilities may be supplied to Tenant in common with any other tenant(s) in the Building, or at Landlord's or Tenant's option, be separately metered at Tenant's expense. If any separately metered, or if the Premises consist of the entire building Tenant shall pay all such utility is charges directly to the charging authority when due. If not separately metered to Tenantmetered, Tenant shall pay Tenant’s Adjusted Share its allocable portion based upon the ratio between the Premises Gross Leasable Area and the total gross leasable square feet of all charges space served by the common utility. However, if Landlord determines that Tenant is using a disproportionate amount of such any utility jointly metered with other premises as Additional Rent orservice not separately metered, in then Landlord may either install a separate meter to measure the alternative, Landlord mayutility service, at its optionTenant's cost, monitor the usage of such utilities by Tenant and or charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next a sum equal to Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s 's reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of Tenant's excess use of such utilitiesutility service. Tenant shall not be liable reimburse Landlord on a monthly basis for the landlord's cost of in furnishing utilities supplied and services to the Premises attributable within ten (10) days after Tenant receives an invoice from Landlord and in no event shall Landlord be liable to Tenant for any such failure or interruption unless caused by the time period prior misconduct of Landlord. No failure or interruption of any such utilities or services shall entitle Tenant to the Term Commencement Date; provided, however, that, if terminate this Lease or to withhold rent or other sums due hereunder and unless otherwise specifically provided herein. Landlord shall permit Tenant possession not be responsible for providing security guards or other security protection for all or any portion of the Premises prior to or the Term Commencement Date Property, and Tenant uses shall at its own expense provide or obtain such security services as Tenant shall desire to ensure the safety of the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for and the cost of utilities supplied to the Premises from such earlier date of possessionProperty.

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon, but without duplication of the amounts paid by Tenant as Tenant’s Pro Rata Share of Operating Expenses. If any All such utility is not utilities shall be separately sub-metered to Tenant, from meters that supply other suites in the Building as of the Term Commencement Date. The cost of Common Area utilities shall be included in Operating Expenses and Tenant shall pay Tenant’s Adjusted Pro Rata Share of all charges of such Common Area utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premisescharges. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilitiesitem of Operating Expenses or Common Area utilities as reasonably demonstrated and consistently applied by Landlord, then Tenant shall pay Landlord for such excess in addition to Tenant’s Adjusted obligation to pay Tenant’s Pro Rata Share of such utilities to reflect such excessOperating Expenses. In the event that the Building or Project is less than fully occupied during a calendar yearoccupied, Tenant acknowledges that, except regarding those utilities that are separately metered and those services paid directly by Tenant, Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project, as applicable, by dividing (a) the total cost of utility usage by (b) the Rentable Area of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had that is occupied, then multiplying (y) the Building or Project, as applicable, been resulting quotient by (z) ninety-five percent (95%) occupied during such calendar yearof the total Rentable Area of the Building or Project (as applicable). Tenant shall pay Tenant’s Share of the product of (y) and (z), subject to adjustment based on actual usage as reasonably determined by Landlord; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionutility costs.

Utilities and Services. 16.1. Tenant shall timely pay when due directly to the applicable electric utility company and service provider all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, powerelectricity, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges communication services and taxes thereon. If any shall have such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, services in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearname; provided, however, to the extent that electricity is submetered or check metered to the Premises, Tenant shall pay the costs of electricity directly to Landlord thirty (30) days after billing without Landlord xxxx-up. Landlord shall not recover more have no obligation to provide utilities other than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to within the Premises attributable to the time period prior to as of the Term Commencement Date; provided, however, that, if Landlord shall permit Date and which are listed on Exhibit D attached hereto (the “Term Commencement Date Utilities”). In the event Tenant possession of the Premises prior requires additional utilities in addition to the Term Commencement Date Utilities, the installation and maintenance thereof shall be Tenant’s sole cost and obligation, provided that such installation shall be subject to the written consent of Landlord which shall not be unreasonably withheld, delayed or conditioned. Tenant uses shall have the right to install supplemental air conditioning units in the Premises and, in such case, Tenant agrees to install a separate electric meter for the operation of such supplemental air conditioning units and pay for such services directly to the utility provider. Landlord represents that Tenant shall not be paying utilities on those portions of the Premises that it has not yet taken possession of pursuant to the terms hereof (and Landlord agrees (i) to maintain such portions of the Premises in a manner which does not adversely impact Tenant’s use or enjoyment of its Premises then being occupied, and (ii) not to use such space prior to Tenant taking possession thereof for any purpose without the prior written consent of Tenant excluding the existing or contemplated tenant for approximately 10,000 square feet on the first floor). Tenant’s normal business hours are 6:00 a.m. to 7:00 p.m., Monday through Friday and 9:00 a.m. through 1:00 p.m. on Saturdays (referred to herein as “Normal Business Hours”). In the event Tenant shall require Building services other than as expressly permitted during such Normal Business Hours which results in Section 4.3additional cost and expense to Landlord, then Tenant shall be responsible to reimburse Landlord for the such additional cost of and expense reasonably incurred without Landlord xxxx-up. Tenant agrees that in no event shall Landlord be liable for any interruption or delay in relation to utilities supplied to serving the Premises from caused by unavoidable accident, making of repairs, alterations or improvements in the Building, labor difficulties, trouble in obtaining fuel, electricity or services or supplies, governmental restraints or the actions or inactions of Tenant or those acting by, through or under Tenant, or other causes beyond Landlord’s reasonable control (but in respect of those matters for which Landlord is expressly responsible under this Lease, Landlord will use reasonable efforts under the circumstances to restore such earlier date services or make such repairs) and, in respect of possessionthose matters for which the Landlord is responsible, Base Rent shall xxxxx for each day that Tenant’s use of the Premises is materially curtailed thereby. See Section 23 below for provisions relating to defaults by Landlord and Section 42 below for provisions relating to Tenant’s self help rights.

Utilities and Services. 16.1. Tenant shall obtain in its own name and pay for all water (including directly to the appropriate supplier the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility utilities and services serving the Leased Premises. However, if any services or utilities are jointly metered with other premises as Additional Rent or, in the alternativeproperty, Landlord may, at its option, monitor the usage shall make a reasonable determination of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) proportionate share of the cost of such utilitiesutilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall pay such share to Landlord within thirty (30) days after receipt of Landlord’s written statement. Tenant Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other Building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. In the event of utility “deregulation”, Landlord shall choose the service provider. Tenant shall have the exclusive control over the heating, ventilating and air-conditioning (“HVAC”) system serving the Leased Premises on a 24 hour a day/7 day a week basis. Notwithstanding the foregoing, if (a) such interruption of service is caused by the negligence or willful misconduct of Landlord or its employees and (b) such interruption of service renders the Leased Premises or any portion of the Leased Premises untenantable for a period of five (5) consecutive business days after Landlord receives written notice from Tenant of such interruption of service, rent shall xxxxx with respect to the area which is affected for each such consecutive day after said five (5) business day period that such area of the Leased Premises is so rendered until such service is restored. The rent abatement shall equal the Monthly Rental Installment due for the cost period of utilities supplied the interruption with respect to the square footage affected. The Leased Premises attributable shall be considered untenantable if Tenant does not use the Leased Premises or portion thereof affected in the conduct of its normal business operations as a result of said interruption of service to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date Leased Premises. It is agreed and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then understood that Tenant shall not use nor be responsible entitled to use the Leased Premises or portion thereof affected to conduct its normal business operations during any day for the cost which Landlord is obligated to xxxxx rent hereunder. The abatement herein provided shall be Tenant’s sole and exclusive remedy for interruption of utilities supplied service. Landlord agrees to the Premises from use its reasonable efforts to restore such earlier date of possessionutility service as soon as possible.

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated waterwater systems and equipment), sewer, natural gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. Each floor of the Bent Building is sub-metered for electricity and there is a separate gas meter for the Generator (as defined below) serving the Premises. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent part of Tenant’s Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Bent Building or Project is less than fully occupied during a calendar yearoccupied, Tenant acknowledges that Landlord may extrapolate utility usage that varies vary depending on the occupancy of the Building or Project Bent Building, by dividing (as applicablea) to equal Landlord’s reasonable estimate the total cost of what such utility usage would have been had by (b) the Rentable Area of the Bent Building or Projectthat is occupied, as applicable, been ninety-five then multiplying (y) the resulting quotient by (z) one hundred percent (95100%) occupied during such calendar yearof the total Rentable Area of the Bent Building. Tenant shall pay Tenant’s Share of the product of (y) and (z), subject to adjustment based on actual usage as reasonably determined by Landlord; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilitiesutility costs. Tenant shall not be liable for the cost of utilities supplied to the (x) Phase 1 Premises attributable to the time period prior to the Term Phase 1 Commencement Date, (y) Phase 2 Premises attributable to the time period prior to the Phase 2 Commencement Date, (z) Phase 3 Premises attributable to the time period prior to the Phase 3 Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of any Phase of the Premises prior to the Term Commencement Date applicable commencement date and Tenant uses such Phase of the Premises for any purpose other than placement of personal property as expressly permitted set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet telecommunications service, cable televisionrefuse pickup, janitorial service, interior landscape maintenance and all other telecommunications utilities, materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If any such utility is utilities or services are not separately metered or assessed to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) make a reasonable determination of Tenant's proportionate share of the cost of such utilitiesutilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefor, a reasonable charge (which shall be in addition to the electricity charge paid to the utility provider) for Tenant’s “after hours” usage of each HVAC unit servicing the Premises. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before or after the hours of 6:00 A.M. to 6:00 P.M. on Mondays through Fridays, and for more than four (4) hours at any time during any weekend period (that is, from midnight on Friday through midnight on Sunday), subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, “after hours” shall mean more than two hundred eighty-three (283) hours of usage during any month during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage or nonusage of other unit(s) serving the Premises, or of the applicable unit during other periods of the Term). Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the cost of utilities supplied Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or abate any rent due hereunder. Landlord shall at all reasonable times have free access to the Bxxxxxng and, upon at least 24 hours prior written or oral notice (except in emergencies when no notice shall be required), to the Premises attributable to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the time period prior costs incurred by Landlord related to the Term Commencement Date; providedproviding above-standard utilities to Tenant, howeverincluding, thatwithout limitation, if Landlord shall permit Tenant possession of the Premises prior telephone lines, may be charged to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionTenant.

Utilities and Services. 16.1Landlord shall provide the Premises the following services: water and electricity for the Premises seven (7) days per week, twenty-four (24) hours per day, and heating, ventilation and air conditioning from 7:00 a.m. to 8:00 p.m. Monday through Friday; 7:00 a.m. to 8:00 p.m. on Saturday; and 7:00 to 8:00 p.m. on Sunday, and Landlord shall also provide janitorial service to the Premises and Building five (5) nights each week, exclusive of holidays. Tenant shall pay for all Heating, ventilation and air conditioning services will also be provided by Landlord to the Premises during additional hours on reasonable notice to Landlord, at Tenant’s sole cost and expense, at an hourly rate reasonably established by Landlord from time to time and payable by Tenant, as and when billed, as Additional Rent. If water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied electricity services are not separately metered to the Premises, together Tenant shall pay its proportionate share of all charges for any utilities that are jointly metered based on the ratio which the rentable square feet of the Premises bears to the total rentable square feet served by the joint meters. Notwithstanding the foregoing, if Tenant’s use of the Premises incurs utilitycharges which are above those usual and customary for the Permitted Use, Landlord reserves the right to require Tenant to pay a reasonable additional charge for such usage. Tenant shall furnish all other utilities (including, but not limited to, telephone, Internet, and cable service if available) and other services which Tenant requires with any feesrespect to the Premises, surcharges and taxes thereon. If any such utility is not shall pay, at Tenant’s sole expense, the cost of all utilities separately metered to Tenantthe Premises, Tenant shall pay Tenant’s Adjusted Share and of all charges of such utility jointly metered other utilities and other services which Tenant requires with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities respect to the Premises, except those to be provided by Landlord as described above. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost any loss, injury or damage to person or property caused by or resulting from any variation, interruption, or failure of utilities supplied due to the Premises attributable to the time period prior to the Term Commencement Date; providedany cause whatsoever, however, that, if Landlord and Rent shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than not xxxxx as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessiona result thereof.

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than placement of personal property as expressly permitted set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities that are not separately metered on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilitiesutilities that are not separately metered, as confirmed by Landlord’s utility consultant, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building Building, North Campus or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building Building, North Campus or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building Building, North Campus or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than placement of personal property as expressly permitted set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.117.1. Commencing on the Term Commencement Date, Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share a reasonable proportion (to be determined by Landlord) of all charges of such utility jointly metered with other premises as Additional Rent part of Tenant’s Pro Rata Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills Tenant shall contract directly with the relevant providers for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to gas, water for the Premises, telephone (other than for the elevator and fire alarm system), internet service, cable television and other telecommunications. To Throughout the extent that Tenant uses more than duration of Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building Premises, Tenant shall keep the Premises’ gas and water meters and installation equipment in good working order and repair at Tenant’s sole cost and expense. If Tenant fails to so maintain such meters and equipment, Landlord may repair or Project (as applicable) replace the same and shall collect the costs therefor from Tenant. Tenant agrees to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Projectpay for water and gas consumed, as applicableshown on said meter, been ninety-five percent (95%) occupied during and for the other utilities for which Tenant directly contracts with the applicable suppliers, as and when bills are rendered. If Tenant fails to timely make such calendar year; providedpayments, howeverLandlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, that or payments made by Landlord shall not recover more than one hundred percent (100%) for any of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; providedreasons or purposes hereinabove stated, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied deemed to the Premises from such earlier date of possessionbe Additional Rent payment by Tenant and collectible by Landlord as such.

Utilities and Services. 16.1. Tenant Landlord shall pay for all water (including provide, subject to the cost to serviceterms of this Section 11, repair water, sewer, steam, heat, ventilation, air conditioning, passenger and replace reverse osmosisservice elevator, de-ionized and other treated water)electricity, gas, heatrefuse and trash collection, lightand recycling (collectively, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon“Utilities”). If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for its own janitorial services within the Premises, and the same “Certain information indicated with [***] in this document has been omitted from this exhibit because it is both (i) not material and (ii) is the type that the registrant treats as private or confidential.” shall not be included in Utilities. Landlord agrees to use commercially reasonable efforts to have at least one passenger elevator available for use at all times, except in the event of an emergency. Provided that Tenant is in occupancy of the entire non-retail space in the 00 Xxxxxx Xxxxxxxx, Xxxxxxxx agrees to designate the service elevator in the 60 Binney Building for use by only the tenants of the 60 Binney Building (in common with Landlord) with appropriate signage to be provided by Landlord at Tenant’s expense (the design and content of which signage shall be mutually acceptable to Landlord and Tenant) at the loading dock level entrance to the service elevator indicating that such service elevator serves only the tenants of the 60 Binney Building and not other tenants of the Building. Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used in the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon, which charges shall be charged at Landlord’s cost without markup. Utility meters (including submeters) shall be installed in accordance with the requirements of the Work Letter. Landlord shall read and maintain the meters as part of its services hereunder, the cost of utilities supplied which shall be included in Operating Expenses. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from such earlier date any cause whatsoever, shall result in eviction or constructive eviction of possessionTenant, termination of this Lease or, except as expressly set forth below, the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use.

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building Building, North Campus or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building Building, North Campus or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building Building, North Campus or Project, as applicable, been ninety-five percent (95%) fully occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than placement of personal property as expressly permitted set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. Tenant 16.1.Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s 's Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and in the event Landlord determines that Tenant's use is over-standard, charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s 's Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s 's Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s 's Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s 's reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. Tenant Subtenant shall pay for be entitled to all water (including the cost those services and utilities which Prime Landlord is required to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied provide to the Subleased Premises under the terms of the Prime Lease. Subtenant shall look solely to the Prime Landlord for the provision of such services and utilities, and Sublandlord shall not be responsible for Prime Landlord's failure to provide the same nor shall any such failure constitute an abrogation of any other terms or conditions of this Sublease. To the extent that Sublandlord becomes obligated under the Prime Lease to pay any extra charges to Prime Landlord for any services or utilities and such charge or increase is due to Subtenant's use of the Subleased Premises or extra utilities or services delivered only to Subleased Premises, together with any feesthen Subtenant will pay the charges to Sublandlord as additional rent, surcharges and taxes thereonwithin ten days after receipt of Sublandlord's bill. If any such utility is not separately metered Xubtenant will arrange to Tenanthave installed, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent orat Subtenant's sole expense, on or before September 30, 1999, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part each of the next Landlord’s Statement utility closets in the Subleased Premises, an electricity meter to reflect measure electricity consumption by all workstations and electrical outlets in the actual cost of providing utilities to the Subleased Premises. To the extent that Tenant uses more Sublandlord becomes obligated to pay any additional rent or other charges to Prime Landlord by reason of (i) any use by Subtenant of heating, ventilating, air conditioning other services in the Subleased Premises on Holidays or at times other than Tenant’s Pro Rata Share Building Hours, or (ii) any use by Subtenant of electricity in excess of standard electrical energy requirements of five wattx xxx square foot of the Subleased Premises as measured by the electricity meters, then Sublandlord will be entitled to reasonably estimate the amount of such additional rent or other charges and Subtenant will pay such estimated amount to Sublandlord in monthly installments on the first day of each month in advance, as additional rent under this Sublease. Adjustments will be made by Sublandlord annually based on the actual amount of such additional rent charged by Prime Landlord, compared to the monthly installments of the estimated amount paid by Subtenant to Sublandlord, and Sublandlord will refund or credit any overpayment within sixty days after each anniversary of this Sublease, and Subtenant will pay to Sublandlord the amount of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share underpayment within thirty days after receipt of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionSublandlord's invoice.

Utilities and Services. 16.1. 16.1 Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. Power and HVAC shall be separately submetered to Tenant as part of the Tenant Improvements. If any such other utility is not separately metered or sub-metered to Tenant, Tenant shall pay Tenant’s Pro Rata Share, or if applicable, Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than placement of personal property as expressly permitted set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. 17.1 Commencing as of the Additional Premises Commencement Date, Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Additional Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Pro Rata Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement (or more frequently, as determined by Landlord) to reflect the actual cost of providing utilities to the Additional Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Pro Rata Share of such utilities to reflect such excess. In the event that the Building Building, North Campus or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building Building, North Campus or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building Building, North or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Additional Premises attributable to the time period prior to the Term Additional Premises Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Additional Premises prior to the Term Additional Premises Commencement Date and Tenant uses the Additional Premises for any purpose other than placement of personal property as expressly permitted set forth in Section 4.36.3 of the Amendment to which this Exhibit E is attached, then Tenant shall be responsible for the cost of utilities supplied to the Additional Premises from such earlier date of possession.

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for telephone, telecommunications service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities supplied and services that are not separately metered to the Premises, and Tenant shall pay such amount to Landlord, as an item of additional rent, within 10 business days after delivery of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 business days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. If the HVAC unit(s) servicing the Premises from such earlier date also serve other leased premises in the Building, “after hours” shall mean usage of possession.said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, “after hours” shall mean more than 66 hours of usage during any week during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage or nonusage of other unit(s) serving the Premises, or of the applicable unit during other periods of the Term). As used herein, “standard charges” shall mean $25.25 per hour for each hour of “after hours” use (inclusive of the applicable electricity charges paid to the utility provider). EXHIBIT D

Utilities and Services. 16.1a) Landlord shall furnish the Premises with electricity, heating and air conditioning for the normal use and occupancy of the Premises as general offices between 8:00 a.m. and 6:00 p.m., Monday through Friday, of each week during the Term (Building Holidays excepted). Tenant agrees to pay as Additional Rent all charges for electricity, light, heat or other utility used by Tenant at the Premises. If a separate meter is installed, Tenant shall pay for the consumption of such utilities based upon its metered usage. A separate meter or submeter shall be installed (as set forth in Exhibit C) to meter Tenant's consumption of electricity. If no meter is installed, Tenant shall pay its Proportionate Share of any utility charges covering the Demised Premises and the remainder of the Building. Tenant shall pay all bills for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenantutility usage within ten (10) days after receipt thereof, Tenant shall pay Tenant’s Adjusted Share of all charges and any non-payment or late payment of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost bills shall be paid deemed a default under the terms of this Lease. All charges for installation and repairs of any meters servicing the Premises shall be payable by Tenant as Additional Rent and shall be paid when the same shall become due. If Tenant shall require electricity or install electrical equipment using current in excess of 110 volts or which will in any way increase the amount of electricity furnished by Landlord for general office use (including but not limited to electrical heating or refrigeration equipment or electronic data processing machines) or if Tenant shall attempt to use the Premises in such a manner that the services to be furnished by Landlord are required during periods other than the business hours specified above, Tenant will obtain prior written approval from Landlord and will pay, as Additional Rent. Landlord may base its bills , for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next resulting additional direct expense to Landlord’s Statement to reflect , including the actual cost of providing utilities to expense resulting from the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share installation of any utilitiesequipment and meters, then Tenant shall pay Landlord for Tenant’s Adjusted Share promptly upon receipt of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal an invoice from Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Phase II Premises attributable to the time period prior to the Phase II Premises Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Phase II Premises prior to the Phase II Premises Term Commencement Date and Tenant uses the Phase II Premises for any purpose other than placement of FF&E as expressly permitted set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Phase II Premises from such earlier date of possession.

Utilities and Services. 16.115.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities Operating Expenses to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar yearoccupied, Tenant acknowledges that Landlord may extrapolate utility usage that varies vary depending on the occupancy of the Building or Project, as applicable, by dividing (a) the total cost of utility usage by (b) the Rentable Area of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had that is occupied, then multiplying (y) the Building or Project, as applicable, been resulting quotient by (z) ninety-five percent (95%) occupied during such calendar yearof the total Rentable Area of the Building or Project (as applicable). Tenant shall pay Tenant’s Share of the product of (y) and (z), subject to adjustment based on actual usage as reasonably determined by Landlord; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionutility costs.

Utilities and Services. 16.1. Tenant shall Landlord will pay for all water (including the cost to serviceand provide Tenant with internet access, repair water, sewer, trash pickup at dumpster, and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered up to Tenant’s electricity utility allowance amount that are used in the Bedroom and/or dwelling unit during the term of this Individual Lease Contract. However, Tenant shall pay for each four-month period in which the total of such charges exceed the electricity utility allowance established by Landlord pursuant to written notices served upon Xxxxxx, immediately reimburse Landlord as other rent Tenant’s Adjusted Share of all charges pro-rata share of such excess utility jointly metered with charges for electricity. Xxxxxxxx agrees to xxxx Xxxxxx after the end of each four-month period for any such amount of excess utility charges and Xxxxxx agrees to pay said other premises rent for such excess utility charge, the first of the month following such billing. Landlord further agrees to make available utility bills and all calculations determining Tenant’s pro-rata share in Landlord’s office for a month following said billing.‌‌ For Kensington Xxxxxxx, the only two utilities that Landlord will bill Tenant for is propane gas for the gas logs and electricity if Tenant exceeds the utility allowance for electricity as Additional Rent orlisted below. See the “Utilities, Gas Logs” (ILCA, Article IV, Section 1.7) for details on how Tenant pays for propane gas for gas logs. Xxxxxx’s share for electricity will be computed as follows: the first four- month period for billing purposes will begin at the start of the electric company’s regular monthly billing cycle in August of each electric bills for that four-month period for the said dwelling unit and divide them by the number of bedrooms in said dwelling unit. For each period during this Individual Lease Contract, allowable charges for electricity, before the charges are considered excessive, are not to exceed the electricity utility allowance amount of $180.00 per bedroom in the alternativedwelling unit, Landlord mayper four-month period. Tenant will receive no reduction, at its optiondiscount, monitor the usage abatement, or prorating of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for rent when Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project utility usage is less than fully occupied during the electricity utility allowance for each four-month period. Tenant must pay for own phone service and TV service. See the section “Utilities, Cable TV & Phone Service” (ILCA, Article IV, Section 1.7). Tenant agrees to keep heat on and set at between 68 and 72 degrees and air conditioning (if available) set at between 70 and 74 degrees (this heat temperature range takes precedence over any temperature range stated in Rules & Regulations, Article II. Tenant is not allowed to install a calendar yearwindow air conditioner without Landlord’s permission and if Tenant does so he is to pay Landlord the Landlord’s estimated cost of electricity to operate it. Tenant is required as a condition of this Individual Lease Contract as stated in Communications and Electronic Documents” (R&R, Article II, Section 17) to provide Landlord with their working email address, cellular number, and VOIP number or landline number (if applicable), to keep them in working order and to provide Landlord with any changes to them. Tenant acknowledges expressly consents that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) use them to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Projectcontact Tenant for transactional and informational purposes, as applicableLandlord deems necessary. For additional utility requirements and information see “Utility Requirements” (R&R, been ninety-five percent (95%) occupied during such calendar year; providedArticle II, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession77).

Utilities and Services. 16.1. Tenant shall Landlord will pay for all water (including the cost to serviceand provide Tenant with internet access, repair water, sewer, trash pickup at dumpster, and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered up to Tenant’s electricity utility allowance amount that are used in the Bedroom and/or dwelling unit during the term of this Individual Lease Contract. However, Tenant shall pay for each four-month period in which the total of such charges exceed the electricity utility allowance established by Landlord pursuant to written notices served upon Xxxxxx, immediately reimburse Landlord as other rent Tenant’s Adjusted Share of all charges pro-rata share of such excess utility jointly metered with charges for electricity. Xxxxxxxx agrees to xxxx Xxxxxx after the end of each four-month period for any such amount of excess utility charges and Xxxxxx agrees to pay said other premises rent for such excess utility charge, the first of the month following such billing. Landlord further agrees to make available utility bills and all calculations determining Tenant’s pro-rata share in Landlord’s office for a month following said billing.‌‌ For Kensington Xxxxxxx, the only two utilities that Landlord will bill Tenant for is propane gas for the gas logs and electricity if Tenant exceeds the utility allowance for electricity as Additional Rent orlisted below. See the “Utilities, Gas Logs” (ILCA, Article IV, Section 1.7) for details on how Tenant pays for propane gas for gas logs. Xxxxxx’s share for electricity will be computed as follows: the first four- month period for billing purposes will begin at the start of the electric company’s regular monthly billing cycle in August of each electric bills for that four-month period for the said dwelling unit and divide them by the number of bedrooms in said dwelling unit. For each period during this Individual Lease Contract, allowable charges for electricity, before the charges are considered excessive, are not to exceed the electricity utility allowance amount of $210.00 per bedroom in the alternativedwelling unit, Landlord mayper four-month period. Tenant will receive no reduction, at its optiondiscount, monitor the usage abatement, or prorating of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for rent when Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project utility usage is less than fully occupied during the electricity utility allowance for each four-month period. Tenant must pay for own phone service and TV service. See the section “Utilities, Cable TV & Phone Service” (ILCA, Article IV, Section 1.7). Tenant agrees to keep heat on and set at between 68 and 72 degrees and air conditioning (if available) set at between 70 and 74 degrees (this heat temperature range takes precedence over any temperature range stated in Rules & Regulations, Article II. Tenant is not allowed to install a calendar yearwindow air conditioner without Landlord’s permission and if Tenant does so he is to pay Landlord the Landlord’s estimated cost of electricity to operate it. Tenant is required as a condition of this Individual Lease Contract as stated in Communications and Electronic Documents” (R&R, Article II, Section 17) to provide Landlord with their working email address, cellular number, and VOIP number or landline number (if applicable), to keep them in working order and to provide Landlord with any changes to them. Tenant acknowledges expressly consents that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) use them to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Projectcontact Tenant for transactional and informational purposes, as applicableLandlord deems necessary. For additional utility requirements and information see “Utility Requirements” (R&R, been ninety-five percent (95%) occupied during such calendar year; providedArticle II, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession77).

Utilities and Services. 16.1. Tenant shall obtain in its own name and pay for all water (including directly to the appropriate supplier the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility utilities and services serving the Leased Premises. However, if any services or utilities are jointly metered with other premises as Additional Rent or, in the alternativeproperty, Landlord may, at its option, monitor the usage shall make a reasonable determination of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) proportionate share of the cost of such utilitiesutilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall pay such share to Landlord within fifteen (15) days after receipt of Landlord’s written statement. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other Building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding anything in this Lease to the contrary, if (i) the restoration of service is entirely within Landlord’s control, (ii) Landlord negligently fails to restore such service within a reasonable time, and (iii) the Leased Premises are untenantable (meaning that Tenant is unable to use such space in the normal course of its business for the use permitted under this Lease) for more than three (3) consecutive business days, then Tenant shall notify Landlord (and Landlord’s lender, if any) in writing that Tenant intends to xxxxx rent. If service has not been restored within three (3) days of Landlord’s receipt of Tenant’s notice, then Minimum Annual Rent and Additional Rent shall xxxxx on a per diem basis for each day after such three (3) day period during which the Leased Premises remain untenantable. Such abatement shall be Tenant’s sole remedy for Landlord’s failure to restore service as set forth above, and Tenant shall not be liable for entitled to damages (consequential or otherwise) as a result thereof. In the cost event of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; providedutility “deregulation”, however, that, if Landlord shall permit Tenant possession of choose the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionservice provider.

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any such utility is other utilities and services that are not separately metered to Tenantthe Premises and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s Adjusted Share of all charges proportionate share of such utility jointly metered with other premises as Additional Rent or, costs in the alternativemanner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, Landlord maywithin 10 days after delivery of Landlord’s statement or invoice therefor, at its option, monitor the Landlord’s “standard charges” (as hereinafter defined) for “after hours” usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to each HVAC unit servicing the Premises. To If the extent that Tenant uses HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, “after hours” shall mean more than 66 hours of usage during any week during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to Tenant’s Pro Rata Share usage or nonusage of any utilitiesother unit(s) serving the Premises, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied applicable unit during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) other periods of the cost Term). As used herein, “standard charges” shall mean $25.25 per hour for each hour of such utilities. Tenant shall not be liable for “after hours” use (inclusive of the cost of utilities supplied applicable electricity charges paid to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionutility provider).

Utilities and Services. 16.1Subtenant’s consumption of utilities shall be subject to all terms and conditions of the Master Lease, including, without limitation, Article 6 of the Master Lease, which is incorporated herein by this reference. Tenant Subtenant and Sublandlord hereby agree that Subtenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay TenantSubtenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for utilities in accordance with Section 4.3 above; provided that if Subtenant’s use of or Alterations to the Subleased Premises causes material increases to the cost of utilities supplied utilities, Subtenant shall pay such additional costs. Sublandlord shall provide pest control, janitorial and char service for the Shared Space to the extent required by the Master Lease and Subtenant shall pay Subtenant’s Share for such services as Additional Rent in the amount set forth on Schedule A. All utilities which are separately metered for the Subleased Premises attributable shall be at Subtenant’s sole cost and expense and shall be paid directly to such utility provider. Any services not furnished through systems or facilities provided or maintained by Master Landlord under the Master Lease shall be the responsibility of Subtenant to obtain, at Subtenant’s sole cost and expense, subject to the time period prior terms and conditions of the Master Lease; provided that Sublandlord shall maintain the HVAC, hot water boilers, steam boiler system for the Shared Space, to the Term Commencement Date; providedextent the same are the responsibility of the tenant under the Master Lease, however, thatand Subtenant shall reimburse Sublandlord for Subtenant’s Share of such costs and expenses as Additional Rent in the amount set forth on Schedule A. In addition, if Subtenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Subtenant’s equipment or extended hours of business operations, then Subtenant shall first procure Sublandlord’s and, to the extent required under the Master Lease, Master Landlord’s consent for the use thereof, which consent Sublandlord and, to the extent permitted under the Master Lease, Master Landlord may condition upon the availability of such excess utilities or services, and Subtenant shall permit Tenant possession pay as Sublease Additional Rent an amount equal to the cost of providing such excess utilities and services. Sublandlord shall provide management, cleaning and restocking of the Premises prior to reception area, café, breakroom, and restrooms in the Term Commencement Date Shared Space and Tenant uses Subtenant shall reimburse Sublandlord there for as Additional Rent the Premises for any purpose other than as amount set forth in Schedule A. Unless expressly permitted set forth in Section 4.3this Sublease, then Tenant Sublandlord shall not be responsible for the cost maintenance and repair obligations of utilities supplied the tenant under 6.2.1 of the Master Lease with respect to the Premises from such earlier date of possessionSubleased Premises.

Utilities and Services. 16.1a) Landlord shall furnish the Premises with electricity, heating and air conditioning for the normal use and occupancy of the Premises as general offices between 8:00 a.m. and 6:00 p.m., Monday through Friday, 9:00 a.m. to 1:00 p.m. on Saturdays ("Business Hours"), of each week during the Term (Building Holidays excepted) all in a manner consistent with the operation of a first class suburban office building. Tenant agrees to pay monthly as Additional Rent all charges for electricity, light, heat or other utility (other than water and sewer) used by Tenant at the Premises. Tenant's consumption of electricity within the Premises shall be submetered. With respect to any other utilities, if a separate meter is installed, Tenant shall pay for the consumption of such utilities based upon its metered usage. If no meter is installed, Tenant shall pay its pro rata share of any utility charges covering the Premises and the other portions of the Building as equitably allocated among such areas. If not directly metered or submetered to Tenant, any air conditioning or heat required by Tenant at times other than during Business Hours shall be billed to Tenant pro rata in accordance with Landlord's then-current schedule of costs and assessments therefor (currently Forty Dollars ($40.00) per hour per floor of the Building), and paid by Tenant within thirty (30) days following the date of an invoice therefor. In addition, Tenant agrees to pay monthly as Additional Rent its pro rata share of all charges for electricity, light, or other utility (other than water and sewer) used generally at the Building (i.e. not within separately demised premises of the Building) or allocated to the Building in accordance with the Declaration. Tenant shall pay all bills for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges utility usage within thirty (30) and any non-payment or late payment of such utility jointly metered with other premises as Additional Rent or, in bills shall be deemed a default under the alternative, Landlord mayterms of this Lease. Landlord, at its optionLandlord's sole cost and expense, monitor shall install a meter or submeter to meter Tenant's consumption of electricity within the usage Premises. All charges for repairs of such utilities by Tenant and charge Tenant with any meters servicing the cost of purchasing, installing and monitoring such metering equipment, which cost Premises shall be paid payable by Tenant as Additional RentRent and shall be paid when the same shall become due. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part Tenant's use of electric energy in the Premises shall not at any time exceed the safe capacity of any of the next Landlord’s Statement to reflect the actual cost of providing utilities to electric conductors and equipment in or otherwise serving the Premises. To If Tenant shall require electricity or install electrical equipment using current in excess of 110 volts or which will in any way increase the extent amount of electricity furnished by Landlord for general office use (including but not limited to electrical heating or refrigeration equipment or electronic data processing machines) or if Tenant shall attempt to use the Premises in such a manner that the services to be furnished by Landlord are required during periods other than the business hours specified above, Tenant uses more than Tenant’s Pro Rata Share will obtain prior written approval from Landlord and will pay, as Additional Rent, for the resulting additional direct expense to Landlord, including the expense resulting from the installation of any utilitiesequipment and meters, then Tenant shall pay Landlord for Tenant’s Adjusted Share promptly upon receipt of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal an invoice from Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet telecommunications service, cable televisionrefuse pickup, janitorial service, interior landscape maintenance and all other telecommunications utilities, materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If any such utility is utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after delivery of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s Adjusted Share of all charges proportionate share of such utility jointly metered with other premises as Additional Rent or, costs in the alternativemanner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, Landlord maywithin thirty (30) days after delivery of Landlord’s statement or invoice therefor, at its optionLandlord’s “standard charges” (as hereinafter defined, monitor which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage of such utilities by Tenant and charge Tenant with of each HVAC unit servicing the cost Premises. “After hours” shall mean more than sixty-six (66) hours of purchasing, installing and monitoring such metering equipment, which cost usage during any week during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each week on a “non-cumulative” basis (that is, without regard to Tenant’s usage or nonusage of other unit(s) serving the Premises, or of the applicable unit during other weeks of the Term). As used herein, “standard charges” shall mean (i) $5.00 per hour for 1-5 ton HVAC units, (ii) $7.50 per hour for 6-9 ton HVAC units and (iii) $10.00 per hour for HVAC units of greater than 9 tons (in addition to the applicable electricity charges paid by Tenant as Additional Rentto the utility provider). Landlord may base its bills shall not be liable for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter damages or as part otherwise for any failure or interruption of the next Landlord’s Statement to reflect the actual cost of providing utilities any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. To Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities and services to Tenant, including, without limitation, telephone lines, may be charged to Tenant. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder; provided, however, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than 3 consecutive business days following written notice to Landlord there is no electricity, HVAC or elevator services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy all of the Building or Project (as applicablePremises are affected) to equal Landlord’s reasonable estimate of what such utility usage would have been had shall thereafter be abated until the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearPremises are again usable by Tenant; provided, however, that if Landlord shall not recover more than one hundred percent (100%) of is diligently pursuing the cost repair of such utilities. Tenant utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be liable for the cost an abatement of utilities supplied Basic Rent. Landlord shall at all reasonable times have free access to the Building and Premises attributable to the time period prior to the Term Commencement Date; providedinstall, howevermaintain, thatrepair, if Landlord shall permit Tenant possession replace or remove all electrical and mechanical installations of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionLandlord.

Utilities and Services. 16.1Except as otherwise provided in the Addendum to this Lease, Landlord shall supply water to the Premises and to the common areas for ordinary and customary uses, the cost of which shall be included as a part of Lease Expenses. In the event the Premises are separately metered for water use as of the Commencement Date of this Lease, or shall become separately metered for water use at any time during the term of this Lease, Tenant shall contract directly with the water utility provider and pay for the cost(s) of water services and consumption attributable to the Premises meter, including associated sewer fees and other related xxxxxxxx. In such event, building water costs shall be excluded from Tenant’s Lease Expenses, but Tenant shall continue to pay its pro-rata share of Common Area water costs. If Tenant does not pay directly for its separately metered water, and Tenant’s use of water (or any other utilities or services supplied by Landlord) exceeds ordinary and customary usage levels, then Tenant shall pay the cost of such excess (determined in Landlord’s reasonable discretion) as additional rent. Except for Landlord’s obligations as set forth above, Tenant shall make all arrangements for and pay the cost of all utilities and services (including without limitation their connection charges and taxes thereon) furnished to the Premises or used by Tenant, including without limitation electricity, water (including to the cost to serviceextent not supplied by Landlord), repair and replace reverse osmosisheating, deventilating, air-ionized and other treated water)conditioning, oil, steam for heating, sewer, gas, heat, light, power, telephone, internet servicecommunication services, cable televisiontrash collection from within the Premises and refuse bin removal services in the event Landlord does not provide said refuse bin removal services as a part of the common area services, other telecommunications janitorial, cleaning, and other utilities supplied to window washing. Installation of all types of conduit and wiring exclusively serving the Premises, together with any feesincluding but not limited to communications wiring, surcharges shall be subject to the requirements of Xxxxxxxxx 00, xxxxx, and taxes thereonthe Landlord’s approval of the location, manner of installation, and the installing contractor. If any All such conduit and wiring shall, at Landlord’s option, and to the extent it does not remain the property of the service or utility is not separately metered that utilizes such conduit or wiring, become Landlord’s property once installed. Upon termination of this Lease, Landlord may elect to Tenant, require Tenant shall pay to remove such conduit and wiring at Tenant’s Adjusted Share expense and return the Premises and the Common Areas of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Project to their pre-existing condition. Landlord may, at its optionelection, monitor furnish to the usage Premises any of the utilities and services set forth above, in which event Tenant shall reimburse Landlord for Landlord’s cost of furnishing such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant services as Additional Rentadditional rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of failure to furnish any utilities supplied or services to the Premises attributable when such failure results from causes beyond Landlord’s reasonable control. If Landlord constructs new or additional utility facilities, including without limitation wiring, plumbing, conduits, and/or mains, resulting from Tenant’s changed or increased utility requirements, Tenant shall on demand promptly pay to Landlord the total cost of such items as additional rent. The discontinuance of any utilities or services, including, without limitation, Landlord’s discontinuance or failure to provide any of the utilities or services furnished by Landlord to the time period prior Premises, shall neither be deemed an actual or constructive eviction, nor release Tenant from its obligations under this Lease including, without limitation, Tenant’s obligation to pay Rental. If any governmental authority having jurisdiction over the Project imposes mandatory controls, or suggests voluntary guidelines applicable to the Term Commencement Date; providedProject, howeverrelating to the use or conservation of water, thatgas, if electricity, power, or the reduction of automobile emissions, Landlord, at its sole discretion, may comply with such mandatory controls or voluntary guidelines and, accordingly, require Tenant to so comply. Landlord shall permit Tenant possession of the Premises prior not be liable for damages to the Term Commencement Date and Tenant uses the Premises persons or property for any purpose other than such reduction, nor shall such reduction in any way be construed as expressly permitted in Section 4.3a partial eviction of Tenant, then cause an abatement of rent, or operate to release Tenant shall be responsible for the cost from any of utilities supplied to the Premises from such earlier date of possessionTenant’s obligations under this Lease.

Utilities and Services. 16.1Landlord shall furnish the Leased Premises with (i) running water sufficient for normal lavatory and kitchen use for an office and warehouse facility; (ii) electricity for normal lighting and office equipment for an office and warehouse facility; (iii) heating and air conditioning at appropriate levels for warehouse and office space respectively. Tenant The cost of any and all said utilities shall pay for all water (including be the responsibility of Tenant, and the cost to service, repair of electricity and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied gas furnished to the Leased Premises hereunder, including but not limited to the cost of electricity to provide air conditioning and lighting to the Leased Premises, together with any feesand the cost of gas to provide heating to the Leased Premises, surcharges and taxes thereon. If any such utility is not shall be separately metered to Tenant, and Tenant shall pay for said electricity and gas directly to the utility company or companies supplying the same. Tenant shall reimburse Landlord for the cost of water furnished to the Leased Premises during the Term as follows: (i) Tenant shall pay for cost of water consumed by the Tenant at the Leased Premises based on meter readings (meter to be installed by the Landlord at the Landlord’s cost and expense) as applied to any xxxx or statement rendered to the Landlord with respect to the Landlord’s Property a copy of which xxxx shall also be furnished to the Tenant; and (ii) Tenant will pay to the Landlord a portion of any minimum charge imposed by the water authority furnishing such water as set forth in periodic bills or statements rendered to the Landlord which portion shall be equal to the amount of such minimum charge multiplied by a fraction the numerator of which is charge for the amount of water actually used by the Tenant as based upon the aforesaid meter readings as to the Tenant’s Adjusted Share use or consumption and the denominator of all which is the charge for the entire amount of water actually used or consumed with respect to the Landlord’s Property as set forth in such xxxx or statement. By way of example and not by limitation, in the event that in a particular water xxxx with respect to the Landlord’s Property there is a minimum charge of $200.00 to be paid and Tenant’s actual charge is $300.00 with the total actual charges for the Landlord’s Property (inclusive of the Tenant’s actual charges) being $400.00, Tenant will be required to pay $300.00 for actual water consumed plus $150.00 of the minimum charge ($200.00 x $300.00/$400.00 = $150.00) Provided that the utility services installed by the Landlord comply with the plans and specifications set forth in Exhibit C, Landlord shall not be in default under this Lease or be liable for any damages directly or indirectly resulting from, nor shall any Rent reserved in this Lease be abated in whole or in part by reason of, (1) the installation, use or interruption of use of any equipment in connection with the furnishing of any of such utility jointly metered with other premises as Additional Rent orservices, (2) failure to furnish or delay in furnishing any such utility services or by the alternative, Landlord may, at its option, monitor making of repairs to the usage of Leased Premises or to the Building (unless such utilities by Tenant repairs are substantial and charge Tenant with material in nature and materially affect the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part Tenant’s use of the next Landlord’s Statement to reflect Leased Premises), or (3) the actual cost limitation, curtailment, rationing or restrictions on use of providing utilities to water, electricity, gas or any other utility serving the Premises. To Leased Premises or the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excessBuilding. In the event that of any interruption of utility services, Landlord shall use its best efforts to coordinate the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy resumption of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had services with the Building or Project, as applicable, been ninety-five percent (95%) occupied during provider of such calendar year; provided, however, that utility services. Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable only for the cost intentional misconduct which causes an interruption of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionutility services.

Utilities and Services. 16.1. During any period of the Term that Tenant is no longer the Sole Occupant and that Landlord becomes responsible for the day-to-day maintenance of the Project, Landlord shall pay for all water (including provide as Operating Expenses, subject to the cost to serviceterms of this Section 7.2, repair and replace reverse osmosiswater, de-ionized and other treated water), gaselectricity, heat, light, power, telephoneHVAC, internet servicesewer, cable television, other telecommunications and other utilities supplied (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services for the Common Areas (collectively, “Utilities”). In such event, Landlord may either require Tenant to continue procuring all such Utilities for its own account (and arrange for, at Tenant’s expense, all metering necessary to ensure all such Utilities are separately metered to the Premises), together or Landlord may procure such Utilities for the Premises and charge the costs thereof to Tenant as Operating Expenses (provided Landlord may later elect, in Landlord’s sole discretion, to require such Utilities to be separately metered and obtained directly by Tenant). Except as provided for in the preceding two (2) sentences, Tenant shall be responsible for the provision of Utilities to the Project. For so long as Tenant is the Sole Occupant, Tenant shall contract directly with any feesutility providers for all Utilities required by Tenant for the Premises following the Delivery Date and continuing during the Term. Landlord shall cooperate with Tenant, surcharges and taxes thereonat no cost to Landlord, in making such arrangement with the Utility providers. If any such utility is not separately metered billed directly to Tenant, Tenant shall pay Tenant’s Adjusted Share of directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Premises during the Term and shall pay for all maintenance charges of such utility jointly metered with for Utilities, and any storm sewer charges or other premises as Additional Rent orsimilar charges for Utilities imposed by any Governmental Authority or Utility provider, in the alternativeand any taxes, Landlord maypenalties, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter surcharges or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premisessimilar charges thereon. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilitiesUtilities, then maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall pay reimburse Landlord for Tenant’s Adjusted Share of such utilities to reflect such excesscosts as Operating Expenses. In the event that the Building or Project is less than fully occupied during a calendar yearAdditionally, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to obtaining and paying for its own janitorial services for the Premises from such earlier date of possession.which in no event shall be less than five (5) days per week and with specifications comparable to Comparable Buildings. 7.3

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) fully occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than placement of personal property as expressly permitted set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1Except as noted in this Section and elsewhere --------- --- -------- in this Lease regarding Tenant paid utilities, Landlord will operate and maintain the Building in a professional manner befitting a comparable first- class office/R&D building in the Reston/Herndon area. A separate electric meter currently exists for the Original Premises. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied furnish its own electricity to the PremisesOriginal Premises and shall pay the entire cost thereof, together with any fees, surcharges and taxes thereon. If Landlord shall have no responsibility for providing any such electric utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in for the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Original Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilitiesutilities for the Expansion Space are commonly metered, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than additional rent one hundred percent (100%) of the cost of its Proportionate Share for such utilities. If Tenant's use of any such utilities is other than for normal office use and/or disproportionate to other office tenants of the Office Park, then Landlord and Tenant each have the right, at Tenant's sole cost and expense, to have a separate meter installed upon the Expansion Space. If a separate meter is installed upon the Expansion Space, Tenant will pay to the utility company (or, at Landlord's request, to Landlord) all charges for the Expansion Space on the basis of such meter readings. To the extent utilities for the Expansion Space are not commonly metered, Tenant agrees to pay promptly to the appropriate supplier all charges for water, gas, steam, electricity or other power source, and all other utility services used and/or supplied in connection with Tenant's use of the Expansion Space. Tenant shall not be liable for the cost of utilities supplied also pay on a timely basis to the Premises attributable to appropriate supplier all charges for telephone and all other communication services used, rendered and/or supplied upon or in connection with the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionExpansion Space."

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any such utility is other utilities and services that are not separately metered to Tenantthe Premises and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s Adjusted Share of all charges proportionate share of such utility jointly metered with other premises as Additional Rent or, costs in the alternativemanner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, Landlord maywithin 10 days after delivery of Landlord’s statement or invoice therefor, at its option, monitor the Landlord’s “standard charges” (as hereinafter defined) for “after hours” usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to each HVAC unit servicing the Premises. To If the extent that Tenant uses HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, “after hours” shall mean more than 66 hours of usage during any week during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to Tenant’s Pro Rata Share usage or nonusage of any utilitiesother unit(s) serving the Premises, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied applicable unit during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) other periods of the cost Term). As used herein, “standard charges” shall mean $25.25 for each hour of such utilities. Tenant shall not be liable for “after hours” use (inclusive of the cost of utilities supplied applicable electricity charges paid to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionutility provider).

Utilities and Services. 16.1. 16.1 Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and (if the decision to meter or submeter is due to Tenant’s overstandard use of such utilities) charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Tenant shall maintain temperature and humidity in the Premises in accordance with ASHRAE standards at all times. Landlord shall cause electricity to be separately metered as of (i) the 10431 Premises Commencement Date for the 10431 Premises and (iii) the 10421 Premises Commencement Date for the 10421 Premises. If Tenant desires to install equipment to separately meter water to the 10431 Premises and/or the 10421 Premises, Landlord will not unreasonably withhold its consent to such installation, provided that such installation shall be completed as an Alteration in accordance with the terms, conditions and provisions of Article 17 below. 16.2 Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the 10421 Building, the 10431 Building or the Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building 10421 Building, the 10431Building or the Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building 10421 Building, the 10431Building or the Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.;

Utilities and Services. 16.1. Tenant shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet refuse pickup, janitorial service, cable televisioninterior landscape maintenance and all other utilities, other telecommunications materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If any such utility is utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs, in which event Tenant shall pay Tenant’s Adjusted Share of all charges proportionate share of such utility jointly metered with other premises as Additional Rent or, costs in the alternativemanner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord mayshall, at its optionall reasonable times, monitor the usage have free access to all electrical and mechanical installations of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimatesLandlord; provided that Landlord adjusts such xxxxxxxx promptly thereafter or shall interfere as part little as reasonably practicable with the conduct of the next LandlordTenant’s Statement to reflect the actual cost of providing utilities to business in the Premises. To Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy all of the Building or Project (as applicablePremises are affected) to equal Landlord’s reasonable estimate of what such utility usage would have been had shall thereafter be abated until the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearPremises are again usable by Tenant; provided, however, that if Landlord shall not recover more than one hundred percent (100%) of is diligently pursuing the cost repair of such utilities. Tenant utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air conditioning equipment, then there shall not be liable for an abatement of Basic Rent. Any disputes concerning the cost foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of utilities supplied to this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises attributable to Premises, which shall be governed by the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession provisions of Article XI of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionLease.

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereonthereon commencing on the Term Commencement Date. If any such utility is not separately metered or sub-metered to Tenant, Tenant shall pay Tenant’s Pro Rata Share, or if applicable, Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement (or more frequently if determined by Landlord) to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilitiesutilities not separately sub-metered, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. Power shall be separately sub-metered to Tenant. If any such other utility is not separately metered or sub-metered to Tenant, Tenant shall pay Tenant’s Pro Rata Share, or if applicable, Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses commences business operations in the Premises for any purpose other than as expressly permitted in Section 4.3Premises, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessiondate.

Utilities and Services. 16.1From and after June 1, 2002, Paragraph 12 of the Lease is hereby amended and restated in its entirety as follows: "Landlord shall furnish to the Premises and to the Project, the following utilities and services: (i) water, gas and electricity reasonably suitable for the intended use of the Premises and the Project, twenty-four (24) hours every day of the week, (ii) heat and air conditioning reasonably suitable for the comfortable use and occupation of the Premises and the Project during business hours, and (iii) refuse collection and janitorial services. Tenant agrees that at all times it will cooperate fully with Landlord and abide by all reasonable regulations and requirements that Landlord may prescribe for the proper functioning and protection of the heating, ventilating and air conditioning systems. Landlord shall cooperate with Tenant to provide heating, ventilating and air conditioning to all or any portion of the Premises outside of Business Hours if requested by Tenant, and Tenant shall reimburse Landlord for its actual costs in so providing such service as reasonably estimated by Landlord. Business Hours shall mean: Monday through Friday, excluding generally observed national holidays, from 7:00 a.m. to 7:00 p.m. Tenant shall arrange for and pay for all telephone, and all other services supplied to or consumed on the Premises and not provided by Landlord. In the event that any service is not separately metered or billed to the Premises, the cost of such utility service or other service shall be a common area charge and Tenant shall pay its percentage share of such cost to Landlord as provided in paragraph 16. In addition, the cost of all utilities and services furnished by Landlord to the Premises and to the Project shall be a common area charge and Tenant shall pay its percentage share of such costs to Landlord as provided in paragraph 16, except as such costs may be specifically allocated otherwise herein. Tenant shall pay directly to Landlord (and such amount shall not be included as a common area charge) for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated any water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied electricity or HVAC usage that is separately metered to the Premises, together with Premises or any fees, surcharges and taxes thereonpart thereof. If Tenant's use of any such utility or service is materially in excess of the average furnished to the other tenants of the Project, and such utility or service is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilitiesmetered, then Tenant shall pay to Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Projectupon demand, as applicableadditional rent, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the full cost of such utilities. excess use, as reasonably determined by Landlord, or Landlord may cause such utility or service to be separately metered, in which case Tenant shall not be liable pay the full cost of such utility or service and reimburse Landlord upon demand for the cost of utilities supplied to installing the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionseparate meter.

Utilities and Services. 16.119. Tenant, during the term of this Lease, shall not pay for its own gas, water, electricity, sewer, refuse disposal, and all other utility services used by it on the Premises. These utilities together with the condominium fees for the building shall constitute the building utilities. In no event will such utilities include the cost of any capital improvement. Tenant will during the term of the lease pay for its own telephone usage. Landlord shall in no event be liable for any interruption or failure of utility services on the Premises. Tenant shall pay its proportionate share of utilities for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other Building calculated by multiplying the total building utilities supplied to expense by Tenant’s Operating Expense Percentage. During any period when Tenant is the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenantsole occupant of the building, Tenant shall pay 80% of total building utilities. During any period when Tenant is not the sole tenant but the building is not fully leased, Tenant’s Adjusted Share share of all charges total building utilities shall be equal to total building utility expense multiplied by .8 (80%) which figure shall be multiplied by the ratio of such utility jointly metered with other premises Tenant’s square footage (Demised Premise’s square footage) to the total occupied square footage. In no event shall Tenants portion of total building utilities calculated as Additional Rent or, provided in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall previous sentence be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided less that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excessOperating Expense Percentage. In the event that Tenant elects in the Building or Project future to separately meter its power usage it may do so at Tenant’s expense and shall set up an account and be billed directly by the utility provider. In the event Tenant is less than fully occupied during a calendar yearunable to be billed directly by the utility provider, Landlord shall xxxx Tenant for such electrical usage based on the meter readings and at the rate that is the same as charged to Landlord by the utility provider. In the event that Tenant’s power usage is directly metered, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on shall only be responsible in addition for its proportionate share of electricity for the occupancy common areas of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionBuilding.

Utilities and Services. 16.1Subject to the final three sentences of this Section 7. A., Landlord shall furnish the Premises with sufficient quantities of water, electricity and gas required for the normal and customary use of the Premises as permitted hereunder, twenty-four (24) hours a day, seven (7) days a week, and heating, ventilation and air conditioning services (“HVAC”) during Normal Business Hours or such extended hours as Tenant shall request (including twenty-four (24) hours a day, seven (7) days a week if so requested by Tenant) from time to time upon reasonable prior notice to Landlord. There shall be no after-hours charge or other charge to Tenant for HVAC service after Normal Business Hours, other than Tenant’s obligation to pay for the utilities consumed by reason thereof as hereinafter set forth. Prior to the Commencement Date, Landlord, at Landlord’s sole cost and expense, shall cause the Premises to be separately sub-metered for electricity and gas (the “Meter Installation Work”), and Tenant shall reimburse Landlord, within thirty (30) days after Landlord’s demand from time to time (which may be on a monthly basis), for the cost of electricity and gas consumed at the Premises as measured by such sub-meters. Such sub-meters shall exclude electricity and gas consumed by the cafeteria described in Section 7.B. below, and the costs of electricity, gas, water, and other utilities consumed by the cafeteria shall be included in Operating Expenses as set forth in said Section 7.B. below. Tenant acknowledges that water serving each of the Buildings is not separately metered, but rather measured by one water meter for all of the Buildings, and the costs of water so measured shall be allocated to each Building as an Operating Expense as provided in Section 29.L. below. Except as set forth above, Tenant shall arrange for all telephone, janitorial services, and other utilities and services which it shall require in connection with its use or occupancy of the Premises and shall pay for the same by direct payment to the provider thereof, together with any taxes, penalties, surcharges or the like pertaining thereto. Except as expressly provided above, Landlord shall have no obligation to furnish any utilities or services to the Premises or any equipment providing for the same. Tenant shall pay be solely responsible for all water (including any supplemental HVAC to the cost Premises as Tenant shall require for the comfortable occupancy thereof, and Tenant shall also be responsible for the installation, maintenance and repair of any supplemental life safety systems required by reason of Tenant’s particular equipment or particular use or manner of use of the Premises. Except as provided pursuant to serviceSection 12.B. below, Tenant shall maintain, repair and replace reverse osmosisall such items, de-ionized operate the same, and keep the same in good working order and condition. Tenant shall not install any equipment or fixtures, or use the same, so as to exceed the safe and lawful capacity of any utility equipment or lines serving the same. The installation, alteration, replacement or connection of any utility equipment and lines, and any other treated water)equipment or systems or Alterations which Tenant shall require in order to supply supplemental HVAC or other services, gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied shall be subject to the Premises, together with any fees, surcharges and taxes thereonprovisions of Section 5.C. above. If any such utility is not separately metered to Tenant, Tenant shall pay ensure that all Tenant’s Adjusted Share of supplemental HVAC equipment, is installed and operated at all charges of such utility jointly metered with other premises as Additional Rent ortimes in a manner to prevent roof leaks, in the alternativedamage, Landlord mayor noise due to vibrations or improper installation, maintenance or operation. Tenant shall obtain, at its optionexpense all electric light bulbs, monitor the usage of such utilities by Tenant ballasts and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost tubes as it shall be paid by Tenant as Additional Rent. Landlord may base its bills require for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for any damages directly or indirectly resulting from nor shall the cost Monthly Rent, Operating Expenses or any other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason of (a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any of the foregoing utilities and services, (b) failure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or (c) the limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Project. Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local government agencies or utility suppliers in reducing energy or other resource consumption. Tenant’s utilization of utilities supplied and services shall be subject to the Premises attributable to the time period prior to the Term Commencement Date; providedlimitations of any such voluntary, however, that, if reasonable program that Landlord shall permit implement for the Project that does not require Tenant possession of to spend any additional monies or modify Tenant’s business within the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessiona result thereof.

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement (or more frequently, as determined by Landlord) to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, that (a) Tenant shall be responsible for the cost of utilities for the Second Floor Premises from the date that Tenant first accesses the Second Floor Premises for the purpose of performing the Second Floor Tenant Improvements after the Execution Date and (b) if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses for the purpose of conducting Tenant’s business operations in the Premises for any purpose other than as expressly permitted in Section 4.3placement of personal property, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. All base Building water, electricity and gas utilities feeding the Premises will be separately submetered. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered or sub-metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx billings promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant Xxxxxx uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may shall extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than placement of personal property as expressly permitted set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. Provided that Tenant shall pay is not in default hereunder, Landlord agrees, during the Lease term, to furnish to the Premises during those hours set forth in the Rules and Regulations as defined in Paragraph 31 hereof, and as may be amended in writing by Landlord from time to time during the term of this Lease and delivered to Tenant, reasonable quantities of electric current for all normal lighting and reasonable numbers of fractional horsepower office machines, water (including for lavatory and drinking purposes, heat and air conditioning required in Landlord’s judgment for the cost to service, repair comfortable use and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to occupation of the Premises, together janitorial service (including washing of windows with any feesreasonable frequency as determined by Landlord) and elevator service by non-attended automatic elevators. Landlord shall not be liable for, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenantnot be entitled to any abatement or reduction of rent by reason of Landlord’s Adjusted Share failure to furnish any of all charges the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character or interruption or cessation of utilities, including without limitation electrical power, attributable to the provider of such utility jointly metered with or the delivery system for such utility outside the Building and not under Landlord’s control; or for any other premises causes. Tenant is expected to use water or electric power as Additional Rent or, in the alternative, considered reasonable or normal by industry standards for a full service gross office occupancy lease. Landlord may, at its option, monitor request Tenant to pay, as additional rent, the cost, as fairly determined by Landlord (but in no event less than the cost to Landlord), incurred by usage that is proven to surpass reasonable industry standards. In addition, Landlord may install separate meter(s) for the Premises, at Tenant’s sole expense, and Tenant thereafter shall pay all charges of such utilities the utility providing service. Landlord shall install and maintain at Landlord’s expense any fire protection equipment including, without limitation, emergency lighting as required by any governmental authority or insurer and if so required, Tenant and charge Tenant shall appoint one of Tenant’s personnel to coordinate with the cost fire protection facilities and personnel of purchasing, installing and monitoring such metering equipment, which cost Landlord. Any Building Standard incandescent light bulbs used in the Premises shall be paid for by Tenant Landlord and as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or included as part of the next operating costs. Upon Tenant’s request, Landlord’s Statement personnel shall install Building Nonstandard incandescent light bulbs or other Building Nonstandard bulbs in the Premises, at Tenant’s expense. Tenant agrees to reflect pay Landlord for the actual cost maintenance and cleaning of providing utilities Building Nonstandard improvements including but not limited to metallic trim, wood floor covering, glass panels, windows, partitions, kitchens and executive washrooms in the Premises. To the extent that Unless Tenant uses more than Tenant’s Pro Rata Share of any utilitiesmakes such requests, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilitiesbe responsible in any manner for said maintenance, cleaning and repair. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit provide to Tenant possession of the Premises prior to the Term Commencement Date maintenance and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionservices set forth on Exhibit “G,” attached hereto and incorporated herein by reference.

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building Building, North Campus or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building Building, North Campus or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building Building, North Campus or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. Tenant shall pay for all water (including As of the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to TenantCommencement Date, Tenant shall pay cause all of the Utility Expenses (hereinafter defined) for the Premises to be placed in Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant name with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by invoices sent directly to Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to at the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the payment of all Utility Expenses. Tenant shall pay directly to the appropriate utility company or similar entity the cost of all water, sewer use, sewer discharge fees and sewer connection fees, gas, heat, electricity, refuse pickup, janitorial service, telephone, telecommunications and other utilities supplied (collectively, the “Utility Expenses”) billed or metered separately to the Premises and/or Tenant during the Term. Subject to Section 6.2 above, Tenant shall also pay any and all assessments or charges for utility or similar purposes included within any tax xxxx for the Lot on which the Building is situated, including without limitation, entitlement fees, allocation unit fees and/or any similar fees or charges. At least quarterly and at such shorter intervals of time upon Landlord’s request, Tenant shall promptly deliver to Landlord written evidence of Tenant’s payment of the Utility Expenses if requested by Landlord. Tenant acknowledges that the Premises may become subject to the rationing of utility services or restrictions on utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing restrictions as may be imposed upon Landlord, Tenant, or the Premises, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such earlier date of possessionrationing or restrictions. Tenant further agrees to timely and faithfully pay, prior to delinquency, any amount, tax, charge, surcharge, assessment or imposition levied, assessed or imposed upon the Premises, or Tenant’s use and occupancy thereof by a public utility company, governmental agency, taxing authority or similar entity having jurisdiction thereof.

Utilities and Services. 16.1. 16.1 Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. Utilities for the HVAC system that supports the Lab Zone shall be billed to Tenant on a proportionate basis. If any such utility is not separately metered or submetered to Tenant, Tenant shall pay Tenant’s Adjusted Share of Operating Expenses or Laboratory Support Expenses, as the case may be, of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the PremisesPremises no less than quarterly. To the extent that Tenant uses more than Tenant’s Pro Rata Share of Laboratory Building of any utilitiesutilities attributable to Base Building Laboratory Support Systems or otherwise, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. In the event that the Laboratory Building is less than fully occupied during any portion of the Term, Tenant acknowledges that during such time, Landlord shall charge Tenant for the Laboratory Support Expenses (other than those utilities that are metered and submetered) based on Tenant’s pro rata share of the occupied Laboratory Building (“Occupied Lab Share”), rather than Tenant’s Pro Rata Share of Laboratory Building, as determined by Landlord based on the ratio of the Rentable Area of the Premises to the total Rentable Area of the Laboratory Building for which there are leases (including without limitation, this Lease) with terms that have commenced, expressed as a percentage of the Laboratory Support Expenses. Landlord shall have the right to recalculate the Occupied Lab Share from time to time as occupancy of the Laboratory Building changes. Except as expressly provided herein or approved by Landlord, Tenant shall only be entitled to use Tenant’s Pro Rata Share of Laboratory Building of Base Building Laboratory Support Systems, regardless of whether Tenant is paying its Occupied Lab Share or Pro Rata Share of Laboratory Building of the costs thereof. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than placement of personal property as expressly permitted set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.116.1 Subject to Force Majeure (defined below) and the other provisions of this Article 16, Landlord shall provide, or cause to be provided, to the Premises during Business Hours (as defined below) water, gas, heat, light, power, HVAC, de-ionized water, and elevator service sufficient for Tenant’s Permitted Use. Except as otherwise expressly provided in this Lease, Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications telecommunications, HVAC and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. Electric power and CFM/HVAC supplied to the Premises will be separately metered (with meters installed by Landlord at Landlord’s sole cost), and Tenant shall pay the costs for such electric power and CFM/HVAC supplied to the Premises as Additional Rent. If any other such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent part of Tenant’s Adjusted Share of Operating Expenses or, in the alternative, Landlord may, at its optionLandlord’s cost, monitor the usage install metering equipment to measure Tenants consumption of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rentother utilities. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, that if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than construction of Tenant Improvements or placement of personal property as expressly permitted set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. In addition, Tenant may be responsible for the cost of electricity as provided in Section 4.5 above. Landlord will not provide any janitorial services to the Premises. Tenant shall separately contract and pay for janitorial services for the Premises.

Utilities and Services. 16.1. Tenant shall pay for all water (including As of the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to TenantCommencement Date, Tenant shall pay cause all of the Utility Expenses (hereinafter defined) for the Premises to be placed in Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant name with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by invoices sent directly to Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to at the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the payment of all Utility Expenses. Tenant shall pay directly to the appropriate utility company or similar entity the cost of all water, sewer use, sewer discharge fees and sewer connection fees, gas, heat, electricity, refuse pickup, janitorial service, telephone, telecommunications and other utilities supplied (collectively, the “Utility Expenses”) billed or metered separately to the Premises and/or Tenant during the Term of the Lease. Tenant shall also pay any and all assessments or charges for utility or similar purposes included within any tax bxxx for the Lot on which the Building is situated, including without limitation, entitlement fees, allocation unit fees and/or any similar fees or charges. At least quarterly and at such shorter intervals of time upon Landlord’s request, Tenant shall promptly deliver to Landlord written evidence of Tenant’s payment of the Utility Expenses. Tenant acknowledges that the Premises may become subject to the rationing of utility services or restrictions on utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing restrictions as may be imposed upon Landlord, Tenant, or the Premises, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such earlier date of possessionrationing or restrictions. Tenant further agrees to timely and faithfully pay, prior to delinquency, any amount, tax, charge, surcharge, assessment or imposition levied, assessed or imposed upon the Premises, or Tenant’s use and occupancy thereof by a public utility company, governmental agency, taxing authority or similar entity having jurisdiction thereof.

Utilities and Services. 16.1Sublandlord and Subtenant acknowledge that none of the utilities serving the Premises (and therefore the Subleased Premises) are separately metered as of the Effective Date and that the Prime Landlord pays for the utilities in the Premises (and therefore the Subleased Premises) and invoices Sublandlord for the same (such invoices being referred to herein as the “Utility Invoices”). Tenant shall pay Sublandlord agrees to promptly share such Utility Invoices, prorated to adjust between the Premises retained by Sublandlord and the Subleased Premises, to Subtenant for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied payment with respect to the Premises, together Subleased Premises and Subtenant agrees to pay Sublandlord for amounts shown on the Utility Invoices with any fees, surcharges and taxes thereonrespect to the Subleased Premises within thirty (30) days of receipt thereof. If any such utility is not separately metered Sublandlord reserves the right to Tenant, Tenant shall pay Tenantadjust the Subtenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part share of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In Utility Invoices in the event that the Building or Project is less than fully occupied during a calendar yearSublandlord has reasonable belief, Tenant acknowledges based on industry accepted methodology and supported by documentation, that Landlord may extrapolate utility usage that varies depending on Subtenant’s use of utilities in the occupancy Subleased Premises exceeds its proportionate share of the Building or Project (as applicable) Premises. Subtenant has the right to equal Landlord’s request an adjustment to the amount due under the Utility Invoices in the event that Subtenant has reasonable estimate of what such utility usage would have been had the Building or Projectbelief, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, howeverbased on industry accepted methodology and supported by documentation, that Landlord shall not recover more than one hundred percent Sublandlord’s use of utilities in the Premises (100%excluding the Subleased Premises) exceeds its proportionate share of the Premises The cost of such utilitiesutilities shall constitute Additional Rent. Tenant If requested by Subtenant and actually in the possession of Sublandlord, Sublandlord shall not be liable provide Subtenant with reasonable documentation to substantiate the charges for utilities invoiced to Subtenant. If received by Sublandlord from Prime Landlord, Sublandlord shall provide Subtenant with a final accounting and reconciliation of amounts charged to Subtenant for utilities at the end of each Operating Fiscal Year in the same manner as set forth in Section 3.4 of the Prime Lease. If, in the future during the Term, any utilities are separately metered, Subtenant shall, thereafter, pay directly to the provider of the service all separately metered charges for steam, heat, gas, electricity, fuel and other services and utilities furnished to the Subleased Premises. Subtenant further acknowledges that Prime Landlord has no obligation to provide utilities and services to or ​ ​ for the cost of utilities supplied Subleased Premises, except to the Premises attributable extent provided, and subject to the time period prior terms and conditions set forth, in Section 3.4 of the Prime Lease. Subtenant further acknowledges and agrees that it shall bear all costs and expenses for or relating to the Term Commencement Date; providedprovision of any additional utilities or services required by it, howeverincluding, thatwithout limitation, if Landlord shall permit Tenant possession of the Premises prior all costs and expenses relating to the Term Commencement Date acquisition, installation and Tenant uses the Premises for maintenance of any purpose other than as expressly permitted equipment required in Section 4.3, then Tenant connection therewith. Subtenant further acknowledges that it shall be responsible for all janitorial services for the cost Subleased Premises and all matters relating to its phone and other telecommunications and information technology services in the Building. Subtenant shall have the right to a proportionate share of utilities supplied emergency power that is provided to Sublandlord pursuant to Section 5.1 of the Premises from such earlier date of possession.Lease. ​

Utilities and Services. 16.1. 16.1 Commencing on the Term Commencement Date (with respect to Premises A) and the Delivery Date (with respect to Premises B), Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant or obtained directly by Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent part of Tenant’s Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Electrical service at an average of 8 xxxxx per the Rentable Area of the Premises shall be provided to the Premises (including electricity used for the air handling units exclusively servicing the Premises and for any rooftop equipment installed by Tenant with Landlord’s express written consent), and shall be submetered to the Premises (which submetering shall be installed by Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or at Landlord’s cost as part of the next Tenant Improvements) and paid by Tenant at Landlord’s Statement to reflect the actual cost of providing utilities thereof. Water shall also be submetered to the Premises. To Premises (which submetering shall be installed by Landlord as part of the extent that Tenant uses more than Improvements, but such water submeter shall be a Tenant’s Pro Rata Share of any utilities, then Cost (as defined in the Work Letter)) and paid by Tenant shall pay Landlord for Tenantat Landlord’s Adjusted Share of such utilities to reflect such excessactual cost thereof. In the event that the Building or Project the Unit is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) the Unit to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, the Unit been ninety-five percent (95%) fully occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1Tenant shall arrange for all telephone, water, gas, electricity, janitorial services, life safety systems and other power, utilities and services which it shall require in connection with its use or occupancy of the Premises and shall pay for the same by direct payment to the provider thereof, together with any taxes, penalties, surcharges or the like pertaining thereto. Notwithstanding the foregoing, during the Normal Business Hours of the Building specified in Article 1 above, Landlord shall furnish the Premises with heating, ventilation and air conditioning services for normal and customary office use ("HVAC"). If requested by Tenant, Landlord shall furnish HVAC service to the Premises at times other than the Normal Business Hours of the Building and Tenant shall pay for all water (including the cost of such after-hours services at Landlord's then prevailing rate, which rate shall take into account any excess wear and tear and maintenance expenses as a result of such excess use, but shall not include Landlord's overhead or any profit xxxx-up. If the HVAC is in need of maintenance or repair, Landlord shall repair the HVAC unless Landlord, in its reasonable discretion, determines that it is more feasible to servicereplace the HVAC. If Landlord replaces the HVAC, the cost of such replacement HVAC shall be included in Operating Expenses and amortized in accordance with subsection 1.12 of Section 29.L. below. Subject to the other terms of this Lease (including, without, limitation, Tenant's responsibility for maintaining any supplemental HVAC or generators exclusively serving the Premises), Landlord shall be responsible for maintaining all utility systems and equipment located outside of the Building, with the costs of such maintenance to be included in Operating Expenses. Except as expressly provided above, Landlord shall have no obligation to furnish any utilities or services to the Premises or any equipment providing for the same. Tenant shall be solely responsible for any supplemental HVAC to the Premises as Tenant shall require for the comfortable occupancy thereof. Tenant acknowledges that Landlord has informed Tenant that, as of the date hereof, the utilities serving each of the Buildings are separately metered and Landlord agrees to maintain such separate metering during the Term. Except as provided pursuant to Section 12.B. below, Tenant shall maintain, repair and replace reverse osmosisall such items, de-ionized operate the same, and keep the same in good working order and condition. Tenant shall not install any equipment or fixtures, or use the same, so as to exceed the safe and lawful capacity of any utility equipment or lines serving the same. The installation, alteration, replacement or connection of any utility equipment and lines, and any other treated water)equipment or systems or Alterations which Tenant shall require in order to supply supplemental HVAC or other services, gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied shall be subject to the Premises, together with any fees, surcharges and taxes thereonprovisions of Section S.C. above. If any such utility is not separately metered to Tenant, Tenant shall pay ensure that all Tenant’s Adjusted Share of 's supplemental HVAC equipment, is installed and operated at all charges of such utility jointly metered with other premises as Additional Rent ortimes in a manner to prevent roof leaks, in the alternativedamage, Landlord mayor noise due to vibrations or improper installation, maintenance or operation. Tenant shall obtain, at its optionexpense all electric light bulbs, monitor the usage of such utilities by Tenant ballasts and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost tubes as it shall be paid by Tenant as Additional Rent. Landlord may base its bills require for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for any damages directly or indirectly resulting from nor shall the cost Monthly Rent, Operating Expenses or any other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason of (a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any of the foregoing utilities and services, (b) failure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or (c) the limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Project. Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local government agencies or utility suppliers in reducing energy or other resource consumption, consistent with the operation of a first class office building. Tenant's utilization of utilities supplied and services shall be subject to the Premises attributable to the time period prior to the Term Commencement Date; providedlimitations of any such voluntary, however, that, if reasonable program that Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date implement and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible uniformly apply for the cost of utilities supplied to the Premises from such earlier date of possessionProject.

Utilities and Services. 16.1. 16.1 Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent part of Tenant’s Adjusted Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet telecommunications service, cable televisionrefuse pickup, janitorial service, interior landscape maintenance and all other telecommunications utilities, materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If any such utility is utilities or services are not separately metered or assessed to Tenant, Landlord shall xxxx Tenant for Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s Adjusted Share of all charges proportionate share of such utility jointly metered with other premises as Additional Rent or, costs in the alternativemanner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, Landlord maywithin ten (10) days after receipt of Landlord’s statement or invoice therefor, at its option, monitor a reasonable charge (which shall be in addition to the electricity charge paid to the utility provider) for Tenant’s “after hours” usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to each HVAC unit servicing the Premises. To “After hours” shall mean usage of said unit(s) before or after the extent that Tenant uses hours of 7:00 A.M. to 8:00 P.M. on Mondays through Fridays, and for more than four (4) hours at any time during any weekend period (that is, from midnight on Friday through midnight on Sunday), subject to reasonable adjustment of said hours by Landlord. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to Tenant’s Pro Rata Share usage or nonusage of any utilitiesother unit(s) serving the Premises, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied applicable unit during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) other periods of the cost of such utilitiesTerm). Tenant Landlord shall not be liable for the cost damages or otherwise for any failure or interruption of utilities supplied any utility or other service furnished to the Premises attributable Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to the time period prior Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the Term Commencement Date; providedcosts incurred by Landlord related to providing above-standard utilities to Tenant, howeverincluding, thatwithout limitation, if Landlord shall permit Tenant possession of the Premises prior telephone lines, may be charged to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionTenant.

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet telecommunications service, cable televisionrefuse pickup, janitorial service, interior landscape maintenance and all other telecommunications utilities, materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If any such utility is utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s Adjusted Share of all charges proportionate share of such utility jointly metered with other premises as Additional Rent or, costs in the alternativemanner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, Landlord maywithin ten (10) days after receipt of Landlord’s statement or invoice therefor, at its option, monitor a reasonable charge (which shall be in addition to the electricity charge paid to the utility provider) for Tenant’s “after hours” usage of such utilities by Tenant each HVAC unit servicing the Premises. “After hours” shall mean more than three hundred (300) hours of usage of each HVAC unit servicing the Premises during any month during the Term, and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rentdetermined based upon the operation of the applicable HVAC unit during each month on a “non-cumulative” basis (without regard to Tenant’s usage or nonusage of said unit during other months during the Term). Landlord may base its bills shall not be liable for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter damages or as part otherwise for any failure or interruption of the next Landlord’s Statement to reflect the actual cost of providing utilities any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. To Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities requested by Tenant, including, without limitation, telephone lines, may be charged to Tenant. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than five (5) consecutive days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy all of the Building or Project (as applicablePremises are affected) to equal Landlord’s reasonable estimate of what such utility usage would have been had shall thereafter be abated until the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearPremises are again usable by Tenant; provided, however, that if Landlord shall not recover more than one hundred percent (100%) of is diligently pursuing the cost repair of such utilities. Tenant utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be liable for an abatement of Basic Rent. The foregoing provisions shall be Tenant’s sole recourse and remedy in the cost event of utilities supplied to such an interruption of services, and shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises attributable to (which shall be governed by the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession provisions of Article XI of the Premises prior to Lease). Any disputes concerning the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant foregoing provisions shall be responsible for the cost submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of utilities supplied to the Premises from such earlier date of possessionthis Lease.

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet telecommunications service, cable televisionrefuse pickup, janitorial service, interior landscape maintenance and all other telecommunications utilities, materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If any such utility is utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) business days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s Adjusted Share of all charges 's proportionate share of such utility jointly metered with other premises as Additional Rent or, costs in the alternativemanner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, Landlord maywithin ten (10) business days after receipt of Landlord's statement or invoice therefor, at its optionLandlord's "standard charges" (as hereinafter defined, monitor which shall be in addition to the electricity charge paid to the utility provider) for "after hours" usage by Tenant of each HVAC unit servicing the Premises. If the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, "after hours" shall mean usage of such utilities said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, and before 9:00 A.M. or after 1:00 P.M. on Saturdays, subject to reasonable adjustment of said hours by Tenant and charge Tenant with Landlord. If the cost HVAC unit(s) serve only the Premises, "after hours" shall mean more than sixty-six (66) hours of purchasing, installing and monitoring such metering equipment, which cost usage during any week during the Term. "After hours" usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a "non-cumulative" basis (that is, without regard to Tenant's usage or nonusage of other unit(s) serving the Premises, or of the applicable unit during other periods of the Term). As used herein, "standard charges" shall mean the following charges for each hour of "after hours" use (in addition to the applicable electricity charges paid by Tenant as Additional Rentto the utility provider) of the following described HVAC units: (i) $5.00 per hour for 1-5 ton HVAC units, (ii) $7.50 per hour for 6-30 ton HVAC units and (iii) $10.00 per hour for HVAC units of greater than 30 tons. Landlord may base its bills shall not be liable for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter damages or as part otherwise for any failure or interruption of the next Landlord’s Statement to reflect the actual cost of providing utilities any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. To Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities and services to Tenant, including, without limitation, telephone lines, may be charged to Tenant. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees or agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy all of the Building or Project (as applicablePremises are affected) to equal Landlord’s reasonable estimate of what such utility usage would have been had shall thereafter be abated until the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearPremises are again usable by Tenant; provided, however, that if Landlord shall not recover more than one hundred percent (100%) of is diligently pursuing the cost repair of such utilities. Tenant utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be liable for an abatement of Basic Rent. The foregoing provisions shall be Tenant's sole recourse and remedy in the cost event of utilities supplied to such an interruption of services, and shall not apply in case of the actions of parties other than Landlord, its employees or agents, or in the case of damage to, or destruction of, the Premises attributable to (which shall be governed by the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession provisions of Article XI of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionLease).

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet telecommunications service, cable televisionrefuse pickup, janitorial service, interior landscape maintenance and all other telecommunications utilities, materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If any such utility is utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s Adjusted Share of all charges proportionate share of such utility jointly metered with other premises as Additional Rent or, costs in the alternativemanner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, Landlord maywithin ten (10) days after receipt of Landlord’s statement or invoice therefor, at its option, monitor a reasonable charge (which shall be in addition to the electricity charge paid to the utility provider) for Tenant’s “after hours” usage of such utilities by Tenant and charge Tenant with each HVAC unit servicing the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or Premises (other than the HVAC units installed as part of the next LandlordTenant Improvements or otherwise installed by Tenant). “After hours” shall mean more than two hundred eighty-three (283) hours of usage of each HVAC unit servicing the Premises (other than the HVAC units installed as part of the Tenant Improvements or otherwise installed by Tenant) during any month during the Term, and shall be determined based upon the operation of the applicable HVAC unit during each month on a “non-cumulative” basis (without regard to Tenant’s Statement to reflect usage or nonusage of said unit during other months during the actual cost Term). Landlord shall not be liable for damages or otherwise for any failure or interruption of providing utilities any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. To Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant, including, without limitation, telephone lines, may be charged to Tenant. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy all of the Building or Project (as applicablePremises are affected) to equal Landlord’s reasonable estimate of what such utility usage would have been had shall thereafter be abated until the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearPremises are again usable by Tenant; provided, however, that if Landlord shall not recover more than one hundred percent (100%) of is diligently pursuing the cost repair of such utilities. Tenant utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be liable for an abatement of Basic Rent. The foregoing provisions shall be Tenant’s sole recourse and remedy in the cost event of utilities supplied to such an interruption of services, and shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises attributable to (which shall be governed by the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession provisions of Article XI of the Premises prior to Lease). Any disputes concerning the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant foregoing provisions shall be responsible for the cost submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of utilities supplied to the Premises from such earlier date of possessionthis Lease.

Utilities and Services. 16.117.1. Commencing on the Term Commencement Date, Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share a reasonable proportion (to be determined by Landlord) of all charges of such utility jointly metered with other premises as Additional Rent part of Tenant’s Pro Rata Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge (subject to Landlord’s obligations in Articles 5 and 6) install metering equipment at Landlord’s expense. Tenant shall contract directly with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills relevant providers for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to domestic water for the Premises, telephone (other than for the elevator and fire alarm system), internet service, cable television and other telecommunications. To Throughout the extent that Tenant uses more than duration of Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project Premises, Tenant shall keep the Premises’ gas (as if applicable) and water meters and installation equipment in good working order and repair at Tenant’s sole cost and expense. If Tenant fails to equal Landlord’s reasonable estimate of what so maintain such utility usage would have been had meters and equipment, Landlord may repair or replace the Building or Projectsame and shall collect the costs therefor from Tenant. Tenant agrees to pay for water and gas consumed, as applicableshown on said meter, been ninety-five percent (95%) occupied during and for the other utilities for which Tenant directly contracts with the applicable suppliers, as and when bills are rendered. If Tenant fails to timely make such calendar year; providedpayments, howeverLandlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, that or payments made by Landlord shall not recover more than one hundred percent (100%) for any of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied reasons or purposes hereinabove stated (other than with respect to the Premises attributable to the time period prior to the Term Commencement Date; providedinitial installation of metering equipment), however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied deemed to the Premises from such earlier date of possessionbe Additional Rent payment by Tenant and collectible by Landlord as such.

Utilities and Services. 16.116.1 Subject to Force Majeure (as defined below) and the other provisions of this Article 16, Landlord shall provide, or cause to be provided, to the Premises during Business Hours water, gas, heat, light, power, HVAC, de-ionized water, and elevator service sufficient for the Permitted Use. Except as otherwise expressly provided in this Lease, Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. Electric power and CFM/HVAC supplied to the Premises will be separately metered (with meters installed by Landlord at Landlord’s sole cost, and Tenant shall pay the costs for such electric power and CFM/HVAC supplied to the Premises as Additional Rent. If any other such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its optionLandlord’s cost, monitor the usage install metering equipment to measure Tenant’s consumption of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rentother utilities. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Landlord will not provide any janitorial services to the Premises. Tenant shall not be liable separately contract and pay for janitorial services for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionPremises.

Utilities and Services. 16.1. Tenant Landlord shall pay reasonably determine the average monthly cost incurred by Landlord for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities (collectively, “Utilities”) supplied to the PremisesBuilding, together with any fees, surcharges and taxes thereon, for the [six] month period prior to the Term Commencement Date (the “Baseline Utility Costs”). So long as Tenant is the sole tenant in the Building, Tenant shall pay as Additional Rent all costs of Utilities that exceed the Baseline Utility Costs. If Landlord leases any space in the Building to any other tenant, then if any such utility is Utilities are not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share pro rata share of all charges of such utility Utilities jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities Utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of During any period in which Tenant is not the next Landlord’s Statement sole tenant in the Building, to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share pro rata share of any utilitiesUtilities, and such excess use is reasonably determined by Landlord and substantiated by Landlord in writing to Tenant, then Tenant shall pay Landlord for Tenant’s Adjusted Share pro rata share of such utilities Utilities to reflect such excess. In During any period in which Tenant is not the sole tenant in the Building, in the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility Utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility Utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) fully occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilitiesUtilities. Tenant shall not be liable for the cost of utilities Utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than placement of personal property as expressly permitted set forth in Section 4.3, then Tenant shall be responsible for the excess cost of utilities Utilities supplied to the Premises above the Baseline Utility Costs from such earlier date of possession.

Utilities and Services. 16.1Tenant shall arrange for all telephone, water, gas, electricity, janitorial services, life safety systems and other power, utilities and services which it shall require in connection with its use or occupancy of the Premises and shall pay for the same by direct payment to the provider thereof, together with any taxes, penalties, surcharges or the like pertaining thereto. Notwithstanding the foregoing, during the Normal Business Hours of the Building specified in Article 1 above, Landlord shall furnish the Premises with heating, ventilation and air conditioning services for normal and customary office use (“HVAC”). If requested by Tenant, Landlord shall furnish HVAC service to the Premises at times other than the Normal Business Hours of the Building and Tenant shall pay for all water (including the cost of such after-hours services at Landlord’s then prevailing rate, which rate shall take into account any excess wear and tear and maintenance expenses as a result of such excess use, but shall not include Landlord’s overhead or any profit xxxx-up. If the HVAC is in need of maintenance or repair, Landlord shall repair the HVAC unless Landlord, in its reasonable discretion, determines that it is more feasible to servicereplace the HVAC. If Landlord replaces the HVAC, the cost of such replacement HVAC shall be included in Operating Expenses and amortized in accordance with subsection 1.12 of Section 29.L. below. Subject to the other terms of this Lease (including, without, limitation, Tenant’s responsibility for maintaining any supplemental HVAC or generators exclusively serving the Premises), Landlord shall be responsible for maintaining all utility systems and equipment located outside of the Building, with the costs of such maintenance to be included in Operating Expenses. Except as expressly provided above, Landlord shall have no obligation to furnish any utilities or services to the Premises or any equipment providing for the same. Tenant shall be solely responsible for any supplemental HVAC to the Premises as Tenant shall require for the comfortable occupancy thereof. Tenant acknowledges that Landlord has informed Tenant that, as of the date hereof, the utilities serving each of the Buildings are separately metered and Landlord agrees to maintain such separate metering during the Term. Except as provided pursuant to Section 12.B. below, Tenant shall maintain, repair and replace reverse osmosisall such items, de-ionized operate the same, and keep the same in good working order and condition. Tenant shall not install any equipment or fixtures, or use the same, so as to exceed the safe and lawful capacity of any utility equipment or lines serving the same. The installation, alteration, replacement or connection of any utility equipment and lines, and any other treated water)equipment or systems or Alterations which Tenant shall require in order to supply supplemental HVAC or other services, gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied shall be subject to the Premises, together with any fees, surcharges and taxes thereonprovisions of Section 5.C. above. If any such utility is not separately metered to Tenant, Tenant shall pay ensure that all Tenant’s Adjusted Share of supplemental HVAC equipment, is installed and operated at all charges of such utility jointly metered with other premises as Additional Rent ortimes in a manner to prevent roof leaks, in the alternativedamage, Landlord mayor noise due to vibrations or improper installation, maintenance or operation. Tenant shall obtain, at its optionexpense all electric light bulbs, monitor the usage of such utilities by Tenant ballasts and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost tubes as it shall be paid by Tenant as Additional Rent. Landlord may base its bills require for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for any damages directly or indirectly resulting from nor shall the cost Monthly Rent, Operating Expenses or any other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason of (a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any of the foregoing utilities and services, (b) failure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or (c) the limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Project. Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local government agencies or utility suppliers in reducing energy or other resource consumption, consistent with the operation of a first class office building. Tenant’s utilization of utilities supplied and services shall be subject to the Premises attributable to the time period prior to the Term Commencement Date; providedlimitations of any such voluntary, however, that, if reasonable program that Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date implement and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible uniformly apply for the cost of utilities supplied to the Premises from such earlier date of possessionProject.

Utilities and Services. 16.1. 8.01 Landlord agrees to furnish to the Premises during Building Business Hours (specified in the Basic Lease Information) 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 for use in the base Building lavatories; (b) customary heat and air conditioning ("HVAC") required in Landlord's judgment for the use and occupation of the Premises during Building Business Hours, although Tenant shall pay have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for all water additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the cost to service, repair installation of measuring devices such as submeters and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereoncheck meters. If any such utility it is not separately metered to Tenantdetermined that Tenant is using excess electricity, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent orLandlord, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable excess electrical usage and for the cost of utilities supplied to purchasing and installing the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionmeasuring device(s).

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost Utilities / services shall be paid by the parties as follows: PROVIDED BY (Check one) Electricity LANDLORD TENANT Driveway Snow Removal LANDLORD TENANT Common Area Lighting LANDLORD TENANT Driveway Sanding LANDLORD TENANT Furnace Electricity LANDLORD TENANT Walkway Snow Removal LANDLORD TENANT Propane/Nat Gas LANDLORD TENANT Walkway Sanding LANDLORD TENANT Heating Fuel LANDLORD TENANT Deck/Doorstep Snow Rem LANDLORD TENANT Hot Water (heating) LANDLORD TENANT Decks/ Doorstep Sanding LANDLORD TENANT Water/Sewer Basic Min. LANDLORD TENANT Telephone LANDLORD TENANT Trash Removal/Bags LANDLORD TENANT Internet LANDLORD _ TENANT_ Other Cable TV LANDLORD TENANT Air Conditioning: Additional charges apply when Tenant as Additional Rentinstalls air conditioners where Landlord provides electricity. Landlord may base its bills THE LANDLORD MUST GIVE PERMISSION IN WRITING BEFORE THE INSTALLATION OF AN AIR CONDITIONER. IN THE EVENT THAT TENANT INSTALLS AN AIR CONDITITIONER, TENANT SHALL PAY AN ADDITIONAL $ IN MONTHLY RENT PER AIR CONDITIONER. Tenant shall be obligated to pay the foregoing amount(s) while air conditioners are installed, regardless of whether Tenant is using them or not. (CHECK ONLY IF APPLICABLE) If the unit is located in a multi-unit building and if Tenant is responsible for utilities on reasonable estimates; provided common area electricity, heat, or any other utility to the common areas or other areas not within the Premises, the Parties agree, pursuant to 14 M.R.S § 6024, that Landlord adjusts such xxxxxxxx promptly thereafter or as part they have specifically agreed to a reduction in rent to approximate the cost to the Tenant. The reduced amount of rent is already reflected in the next Landlordamount stated above. The amount that Tenant’s Statement to reflect rent has been reduced is $ . The Parties agree and acknowledge that this stated reduction in rent approximates the actual cost of providing heat or other utilities to the Premisescommon areas. To If Landlord is responsible for paying for heat, water and/or sewer, and if the extent that Tenant uses cost for any such utility increases by more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord fifteen percent (15%) from the cost for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a previous calendar year, Tenant acknowledges that then Landlord may extrapolate utility usage that varies depending on increase the occupancy of the Building or Project (as applicable) rent under this Lease to equal Landlord’s reasonable estimate of what account for any such utility usage would have been had the Building or Projectincrease. If Tenant is responsible for paying for heat, as applicablewater and/or sewer, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable is responsible for the cost of all charges associated with these utilities supplied up to the Premises attributable to date Tenant vacates the time period prior to Premises. If Tenant receives a utility xxxx from Landlord, the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession xxxx must be paid within 10 days of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionreceipt.

Utilities and Services. 16.1. Utilities and services for the Leased Premises are as follows (an AO@ indicates Owner is responsible: a AT@ indicates Tenant shall is responsible): Gas Electricity Water/Sewer Lawn Care/Snow Removal The tenant will pay for all water (including telephone and cable TV for the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Leased Premises, together with any fees, surcharges and taxes thereon. If any such utility additional installation is not separately metered to Tenantrequired for telephones and/or cable TV service installation plans must be approved by Owner. The owner will provide the Tenant with regularly scheduled trash pick up. The tenant will place all garbage and trash in suitable, Tenant shall pay Tenant’s Adjusted Share substantial, non-leaking-covered containers or plastic bags and place same at the designated pick-up site by 7:00 a.m. on the day of pick up. The tenant will remove all charges of such utility jointly metered with other premises as Additional Rent or, containers from a pick-up site promptly after each collection. The owner reserves the right that in the alternativeevent the contracted trash collection charge increases during the term of this Lease, Landlord mayor any extension thereof, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such increases will be added to the Tenant=s rent upon written notification to the Tenant. Prior to occupancy and receipt of keys, Tenant will establish an account with the utility company for service for which the Tenant is responsible. If after the Lease Period commences, Owner receives a xxxx from a utility for which Tenant is responsible, Owner has the right to pay the xxxx and charge the Tenant=s account for reimbursement plus a penalty charge of twenty dollars ($20) per xxxx received and processed. If Tenant fails to pay any xxxx for utility services for which Tenant is responsible when such bills are due, Owner may pay such bills to protect its interest in the Premises and may charge the Tenant=s account for reimbursement plus a penalty charge of twenty dollars ($20) per xxxx processed. The tenant must submit in writing his/her request for approval to use or have installed an air conditioner, electric heater, microwave, washer, dryer, ceiling fan, or any other appliance or equipment which might cause additional utility usage. When such approval is given, Tenant agrees to pay related installation charges. The approval will be made a part of this agreement by written addendum and may be subject to an additional; charge if Owner is responsible for utility that is being affected. The tenant will not leave doors and windows open in winter or engage in any other practice or activity which in the opinion of the Owner would cause an excessive usage of utilities. The tenant who is responsible for lawn care and snow removal agrees to reimburse the Owner for all expenses incurred when Owner is required to service the Leased Premises. The owner will notify Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted contracting work unless Owner determines an emergency exists in Section 4.3, then Tenant shall which case no notice will be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionrequired.

Utilities and Services. 16.1. 8.01 Landlord agrees to furnish to the Premises during Building Business Hours (specified in the Basic Lease Information) 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 for use in the base Building lavatories; (b) customary heat and air conditioning (“HVAC”) required in Landlord’s reasonable judgment for the use and occupation of the Premises during Building Business Hours, although Tenant shall pay have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord’s then standard charge for all water additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the cost to service, repair installation of measuring devices such as submeters and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereoncheck meters. If any such utility it is not separately metered to Tenantdetermined that Tenant is using excess electricity, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent orLandlord, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable excess electrical usage and for the cost of utilities supplied to purchasing and installing the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionmeasuring device(s).

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If Landlord represents and warrants that it has granted the necessary easements to the various utility companies as necessary for Tenant to use such services from the Premises. Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any such utility is other utilities and services that are not separately metered to Tenantthe Premises and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s Adjusted Share of all charges proportionate share of such utility jointly metered with other premises as Additional Rent or, costs in the alternativemanner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, Landlord maywithin 10 days after delivery of Landlord’s statement or invoice therefor, at its optionLandlord’s “standard charges” (as hereinafter defined, monitor which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to each HVAC unit servicing the Premises. To If the extent that Tenant uses HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. If the HVAC unit(s) serve only the Premises, “after hours” shall mean more than Tenant’s Pro Rata Share 66 hours of usage during any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excessweek during the Term. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.“

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. Power shall be separately sub-metered to Tenant. If any such utility is not separately metered or sub-metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent part of Tenant’s Adjusted Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx bxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than placement of personal property as expressly permitted set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet telecommunications service, cable televisionrefuse pickup, janitorial service, interior landscape maintenance and all other telecommunications utilities, materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If any such utility is utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s Adjusted Share of all charges proportionate share of such utility jointly metered with other premises as Additional Rent or, costs in the alternativemanner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, Landlord maywithin ten (10) days after receipt of Landlord’s statement or invoice therefor, at its optionLandlord’s “standard charges” (as hereinafter defined, monitor which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. “After hours” shall mean more than three hundred sixty (360) hours of usage of such utilities by Tenant each HVAC unit servicing the Premises during any month during the Term, and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rentdetermined based upon the operation of the applicable HVAC unit during each month on a “non-cumulative” basis (without regard to Tenant’s usage or nonusage of said unit during other months during the Term). Landlord may base its bills shall not be liable for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter damages or as part otherwise for any failure or interruption of the next Landlord’s Statement to reflect the actual cost of providing utilities any utility or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. To As used herein, “standard charges” shall mean the following charges for each hour of “after hours” use (in addition to the applicable electricity charges paid to the utility provider) of the following described HVAC units: (i) $5.00 per hour for 1-5 ton HVAC units, (ii) $7.50 per hour for 6-30 ton HVAC units and (iii) $10.00 per hour for HVAC units of greater than 30 tons. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by Landlord related to providing above-standard utilities to Tenant, including, without limitation, telephone lines, may be charged to Tenant. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy all of the Building or Project (as applicablePremises are affected) to equal Landlord’s reasonable estimate of what such utility usage would have been had shall thereafter be abated until the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearPremises are again usable by Tenant; provided, however, that if Landlord shall not recover more than one hundred percent (100%) of is diligently pursuing the cost repair of such utilities. Tenant utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be liable for an abatement of Basic Rent or Operating Expenses. Any disputes concerning the cost foregoing shall be resolved by JAMS arbitration pursuant to Article III of utilities supplied to the Work Letter. The foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services, and shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises attributable to (which shall be governed by the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession provisions of Article XI of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionLease).

Utilities and Services. 16.1The landlord must describe the services and/or utilities that the tenant(s) will be responsible to pay The landlord must describe the utility expenses that the landlord is willing to furnish (if any) Review the remaining portion of this section Step 5 – Titled Sections – Both parties must both read and agree to all of the following Titles. Submit any other required information contained within the listed titles, as follows: Tenant Further Agrees – The tenant(s) shall pay review and agree to this section and their respective subsections (a through g) Option Term – The landlord must submit a purchase option commencement date, -mm/dd/yyyy Submit an expiration date – mm/dd/yyyy Notice Required to Exercise Option – Review the information at the beginning of this section Option Consideration – Provide an amount for all water the non-refundable fee Purchase Price – The landlord must enter an agreed price for purchase The landlord must enter an amount that the landlord will credit toward (including and shall be deducted from) from the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied monthly rental to the Premisespurchase price of the property, together with upon closing) AND Exclusivity of Option Closing and Settlement Financing Availability – (seller/landlord will not promise any feestype of financing) Financing Disclaimer Remedies Upon Default Commission Recording of Agreement Acknowledgements Timing Governing Law and Venue Option to Purchase Controlling Entire Agreement Step 6 – Signatures – Upon completion of by the the landlord and the Tenant(s) – Provide the following: The Seller/Landlord’s Signature(s) The Seller’s printed name(s) AND The Buyer/Tenant’s Signature(s) Buyer/Tenant’s printed name(s) AND Agent’s Signature Agent’s printed name AND The signature of one (1) witness Witness’ printed name The West Virginia Commercial Lease Agreement is a legal document that is used between a tenant and landlord to design an agreement that is suitable to both parties. Commercial agreements have a tendency to be more complicated than a standard residential agreement. Therefore, surcharges and taxes thereonit’s often recommended that both parties operate under the guidance of a knowledgeable attorney as the agreement is being created. If any such utility is not separately metered negotiations occur prior to Tenantapplying signature(s) and under the guidance of an attorney, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent orit often allows the lease, should it be renewed in the alternativefuture, Landlord mayto allow expenditures to remain much more stable in the long run. This document will require the services of a notary public, once completed. When entering into any business venture, it's always safest for both parties to sign a contract in order to explicitly state all expectations. In terms of real estate, a lease agreement will protect you as a landlord so that you're not stuck with difficult tenants or unexpected costs at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part end of the next Landlord’s Statement lease. Read the tips listed below to reflect learn about how you can write a lease agreement.Familiarize yourself with your state's laws. Property management and real estate laws differ depending on what state -- and even city -- you live in. Research your region's laws by consulting a lawyer or contacting city hall [source: All Business].Write an explicit and easy-to-understand contract. Just because this is a legal document doesn't mean the actual cost of providing utilities language has to the Premisesbe fancy and confusing. To the extent Write a lease agreement that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excessboth parties will understand and abide by. In This ensures that your terms are understood and abided by and that in the event of a dispute, your terms will hold up in court. There are free lease agreements available online. You can base your lease upon one of these agreements [source: Doc Stoc]Include all the stipulations that you require. The lease agreement can include a wide range of stipulations, including a pet policy, what installations can be made, who covers what repairs and penalties for late payments. The more specific you are, the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on chance you have of facing disputes in the occupancy future [source: Xxxxxx].Include details regarding the deposit. One of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had most common disputes between landlords and tenants is the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) return of the cost of such utilitiessecurity deposit. Tenant shall not be liable for Clearly explain what damages will prevent the cost of utilities supplied to tenant from receiving his/her security deposit back at the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession end of the Premises prior lease [source: All Business].Consult with an attorney. Before entering into a lease with a tenant, consult with a real-estate lawyer to ensure that your lease agreement is legally binding and complies with your state's laws. Though the Term Commencement Date lawyer may charge a fee for reviewing the contract, it will save you any money you may have lost by signing a poorly written agreement [source: All Business]. Hijamici keculize turupo putayedoyebi kelopolo hipepikiyuva xilaza dohicobube hazukaya yewewuve yejafa ku. Ziludifibi gucekupi ziwehababi cepe zija fu ziyugonafama nipe sixexi hesiliro tuhojivowe lati. 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Utilities and Services. 16.1. Tenant Landlord shall pay for use all water reasonable efforts to furnish (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement Operating Expenses) heating, ventilation, air conditioning, janitorial service, elevator service, hot and cold water for reasonable and normal drinking and lavatory use, replacement light bulbs and/or fluorescent tubes and ballasts for standard overhead fixtures and sufficient electricity to reflect the actual cost operate (i) typewriters, calculating machines, photocopying machines and other machines of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project similar low electrical consumption (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year120/208 volts); provided, however, total rated power consumption by said machines of low electrical consumption shall not exceed one and one-half (1 1/2) wattx xxx square foot of Net Rentable Area in the Premises; and (ii) equipment of high electrical consumption (277/480 volts); provided, however, total rated power consumption by said equipment of high electrical consumption shall not exceed three and one-half (3 1/2) wattx xxx square foot of Net Rentable Area in the Premises. Tenant shall pay to Landlord, monthly as billed, such charges as may be separately metered or as Landlord's engineer shall reasonably compute for any electrical service usage in excess of that stated above. If Tenant's use of the Premises requires separate metering and/or air conditioning in excess of Building standard, the same shall be purchased and installed at Tenant's expense and Tenant shall pay all operating costs relating thereto. In addition to the above described services, Landlord shall provide equipment and personnel to limit access to the Building after normal business hours; provided, however, Landlord shall have no responsibility to prevent, and shall not recover more than one hundred percent (100%) be liable to Tenant for, and shall be indemnified by Tenant against, liability or loss to Tenant, its agents, contractors, employees, licensees, guests and visitors arising out of losses due to theft, burglary, or damage or injury to persons or property caused by persons gaining access to the Building or the Premises, and Tenant hereby releases Landlord from all liability relating thereto. Said services and utilities shall be provided during normal business hours of the cost Building which are currently Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 1:00 p.m., excluding the normal business holidays of New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Landlord, from time to time during the term of this Lease, shall have the right to designate additional holidays, provided that such utilitiesadditional holidays are commonly recognized by other office buildings in the Galleria/Post Oak area of Houston, Texas. Tenant Utilities and services required at other times shall be subject to a charge of $35.00 per hour or fraction thereof. Landlord shall not be liable for failure to furnish any of the cost utilities described in this Paragraph 18 and Tenant shall have no right to abatement of utilities supplied rental hereunder or to termination of this Lease with respect to any such interruption nor shall such failure constitute an eviction, nor shall Landlord be liable under any circumstances for loss of or injury to property, however occurring through or in connection with or incidental to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession furnishing of any of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionservices enumerated above.

Utilities and Services. 16.1Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during those hours ("regular business hours") set forth in the Rules and Regulations as defined in Paragraph 30 hereof, as may be amended in writing by Landlord from time to time during the term of this Lease and delivered to Tenant, reasonable quantities of electric current for normal lighting (not to exceed 1.65 xxxxx per square foot of rentable area in the Premises) and fractional horsepower office machines, water for lavatory and drinking purposes in the Common Area facilities, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, janitorial service (including washing of windows with reasonable frequency as determined by Landlord), and elevator service by nonattended automatic elevators. Landlord shall not be liable for, and Tenant shall not be entitled to any abatement or reduction of rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or for any other causes. If Tenant requires or utilizes more water or electric power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to pay, as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage. Tenant shall pay Landlord on demand, as additional rent, at rates reasonably established by Landlord, for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, any heat, lightair conditioning or other such service provided to Tenant during hours other than regular business hours. In addition, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to Landlord may install separate meter(s) for the Premises, together with any feesat Tenant's sole expense, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant thereafter shall pay Tenant’s Adjusted Share of all charges of the utility providing service and Landlord shall make an appropriate adjustment to account for the fact that Tenant is directly paying such utility jointly metered charges. Tenant specifically undertakes to install and maintain at Tenant's cost such fire protection equipment including, without limitation, emergency lighting as required by any governmental authority or insurer, and if so required Tenant shall appoint one of Tenant's personnel to coordinate with other premises as Additional Rent or, the fire protection facilities and personnel of Landlord. Any light bulbs used in the alternative, Premises other than those typically supplied by Landlord may, at its option, monitor throughout the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost Building shall be paid purchased and installed by Tenant. Tenant shall maintain, clean and repair any and all Building "Non-Standards" (as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement defined in Exhibit "C" hereto) including but not limited to reflect the actual cost of providing utilities to metallic trim, wood floor covering, glass panels, windows, partitions, kitchens and executive washrooms in the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible in any manner for the cost of utilities supplied to the Premises from such earlier date of possessionsaid maintenance, cleaning and repair.

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet telecommunications service, cable televisionrefuse pickup, janitorial service, interior landscape maintenance and all other telecommunications utilities, materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If any such utility is utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenants proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Site Costs in which event Tenant shall pay Tenant’s Adjusted Share of all charges proportionate share of such utility jointly metered with other premises as Additional Rent or, costs in the alternativemanner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, Landlord maywithin ten (10) days after receipt of Landlord’s statement or invoice therefor, at its option, monitor a reasonable charge (which shall be in addition to the electricity charge paid to the utility provider) for Tenant’s “ after hours” usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to each W A C unit servicing the Premises. To the extent that Tenant uses “After hours” shall mean more than two hundred eighty-three (283) hours of usage of each HVAC unit servicing the Premises during any month during the Term, and “after hours” usage shall be determined based upon the operation of the applicable HVAC unit during each month on a “non-cumulative” basis (without regard to Tenant’s Pro Rata Share usage or nonusage of any utilities, then Tenant shall pay said unit during other months during the Term). Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost damages or otherwise for any failure or interruption of utilities supplied any utility or other service furnished to the Premises attributable Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Landlord shall at all reasonable times have free access to the time period prior Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the Term Commencement Date; providedcosts incurred by Landlord related to providing above-standard utilities to Tenant, howeverincluding, thatwithout limitation, if Landlord shall permit Tenant possession of the Premises prior telephone lines, may be charged to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionTenant.

Utilities and Services. 16.1. Tenant shall pay be separately metered for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water)electricity, gas, heatwater (unless included by Landlord as part of Operating Expenses), lighttelephone for the Premises or other services which are metered, power, telephone, internet service, cable television, other telecommunications and other utilities supplied chargeable or provided to the Premises, together with any fees, surcharges at Tenant’s sole cost and taxes thereonexpense. If Tenant shall make all such payments directly to the service provider as and when bills are rendered (or to Landlord in the event Landlord or Tenant provides submeters instead of the utility company’s meters). Should Tenant fail to pay any such amounts, Landlord shall have the right to pay the same on Tenant’s behalf and Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord in conjunction with such payment within ten (10) days after demand therefor. All such costs and expenses incurred by Landlord on Tenant’s behalf shall be deemed additional rent payable by Tenant and collectible by Landlord as such. Landlord shall designate the electricity utility is not separately metered provider from time to Tenanttime. In addition, Tenant shall also pay directly to Landlord (as part of Operating Expenses) Tenant’s Adjusted Share of all charges the costs of such utility jointly metered with electricity, gas, water and other premises as Additional Rent or, in services for the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional RentCommon Areas. Landlord may base its bills for assess (and Tenant shall pay) a different share of any utilities on reasonable estimates; provided that or services as may be reasonably and equitably determined by Landlord adjusts in order to better allocate such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement costs to reflect the actual cost usage among tenants. At no time shall use of providing utilities electricity in the Premises exceed the capacity of existing feeders and risers to or wiring in the Premises. To the extent that Tenant uses more than Any risers or wiring to meet Tenant’s Pro Rata Share of any utilitiesexcess electrical requirements shall, then Tenant shall pay Landlord for upon Tenant’s Adjusted Share of such utilities written request, be installed at Tenant’s sole cost, if, in Landlord’s reasonable judgment, the same are necessary and shall not (i) cause damage or injury to reflect such excess. In the event that Project, the Building or Project is less than the Premises, (ii) cause or create a dangerous or hazardous condition, (iii) entail excessive or unreasonable alterations, repairs or expenses, or (iv) interfere with or disturb other tenants or occupants of the Building. Tenant shall cooperate fully occupied during a calendar yearat all times with Landlord, Tenant acknowledges that and abide by all reasonable regulations and requirements which Landlord may extrapolate utility usage that varies depending on prescribe, and furnish to Tenant, for the occupancy proper functioning and protection of the Building or Project (as applicable) to equal LandlordBuilding’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilitiesservices and systems. Tenant shall not be liable for use any apparatus or device in, upon or about the cost Premises which may in any way exceed the capacity of services or utilities furnished or supplied to the Premises attributable or other premises in the Building. In addition, Tenant shall not connect any conduit, pipe, apparatus or other device to the time period prior to the Term Commencement Date; providedBuilding’s water, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises waste or other supply lines or systems for any purpose other than except as expressly permitted by this Lease. Neither Tenant nor its employees, agents, contractors, licensees or invitees shall at any time enter, adjust, tamper with, touch or otherwise in Section 4.3, then any manner affect the Systems of the Building and/or the Project. Tenant shall be responsible agrees at its expense to install a meter (or submeter) for the cost water service to the Premises, and shall pay all charges of utilities supplied water and sewer service to the Premises from such earlier date of possessionas provided above.

Utilities and Services. 16.1. Tenant Landlord shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated waterfrom a local municipal or similar source), gas, heat, light, power, telephone, internet service, cable television, other telecommunications gas and other utilities electricity supplied to the Premises, together with any feesand Landlord shall be entitled to include these sums in Operating Expenses (provided, surcharges and taxes thereon. If any such however, that utility is not separately metered costs attributable to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises the Supplemental HVAC Unit (as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost defined below) shall be paid by Tenant as Additional Rentin accordance with Section 16.11 below). Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such xxxxxxxx promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building Building, South Campus or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building Building, South Campus or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building Building, South Campus or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than placement of cabling, equipment, furniture and personal property as expressly permitted set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.