Common use of Utilities and Services Clause in Contracts

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, 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 taxes thereon. 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. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall be responsible responsible, at its sole cost and expense, for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, 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 taxes thereon. If 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 thirty (30) 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 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. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its agentsemployees, contractors or employeesauthorized agents, for more than three (3) consecutive business days following written notice to Landlord, 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, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 an abatement of Basic Rent. Any disputes concerning Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be resolved by JAMS arbitration pursuant to Section 22.7 Tenant’s sole recourse and remedy in the event of this Leasesuch an interruption of services. The foregoing provisions 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, Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall, upon shall at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), 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 (which shall only be provided upon Tenant’s request), including, without limitation, telephone lines, shall be charged to Tenant.

Utilities and Services. Landlord and Tenant shall be responsible for to furnish those utilities and shall pay promptly, directly services to the appropriate supplierPremises to the extent provided in Exhibit C, all charges for watersubject to the conditions and payment obligations and standards set forth in this Lease. Landlord’s failure to furnish, gasor any interruption, electricitydiminishment or termination of, sewerservices due to the application of laws, heatthe failure of any equipment, lightthe performance of repairs, powerimprovements or alterations, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant utility interruptions or the Premises occurrence of an event of force majeure (defined in Section 20.8) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or used by Tenant inagreement, on or about the Premises during the Term, together with any taxes thereon. except that Landlord shall not be liable for damages diligently attempt to restore the service or otherwise for any failure or interruption of any utility or other service furnished to promptly. However, if 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. Notwithstanding a material portion of the foregoingPremises, if are made untenantable for a period in excess of 5 consecutive business days as a result of a service interruption that is reasonably within the actions control of Landlord, its agents, contractors or employees, Landlord to correct and through no fault of Tenant and for more reasons other than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, contemplated in Tenant’s judgment reasonably exercisedArticle 11, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for exampleits sole remedy, bringing in portable air-conditioning equipment, then there shall not be entitled to receive an abatement of Basic Rent. Any disputes concerning Rent payable hereunder during the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, period beginning on the Premises, which shall be governed by the provisions of Article XI 6th consecutive business day of the Leaseservice interruption and ending on the day the service has been restored. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the provision of services and utilities, and shall cooperate with all reasonable conservation practices established by Landlord. Landlord shallshall at all reasonable times, upon at least 24 hours prior reasonable advanced notice to Tenant and during normal business hours (except in cases the case of emergencyemergency when no advance notice shall be required), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant represents that it is familiar with the standards for all utilities servicing the Premises, including, without limitation, the capacity of the feeders to the Building and the risers and wiring installations and standards set forth in attached Exhibit D. Tenant shall be responsible contract directly with all utility companies and similar providers for utilities and shall pay promptly, directly services to the appropriate supplierPremises and pay directly for all such services (which shall include, without limitation, all charges for water, gas, electricity, sewer, heatelectrical, lightcable and other electronic data transmission services), power, telephone, refuse pickup, 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 taxes thereon. Landlord shall not be liable for damages or otherwise for have no obligation to provide 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 hereunderservices. Notwithstanding the foregoing, if as a result any installation of utility lines, including, without limitation, Building Cable whether or not through any existing conduits or risers, and any trenching over the actions Premises to install wiring or cable, whether or not over existing utility easements, shall be considered an alteration to the Building Structure and Systems. Unless directly caused by the gross active negligence or the intentional misconduct of Landlord, its agents, contractors the interruption of any utilities or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the PremisesBuilding shall not result in any liability of Landlord, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 Tenant shall not be an entitled to any abatement or reduction of Basic Rentrent by reason of such failure (whether such failure affects HVAC services or otherwise), no eviction of Tenant shall result from such failure, and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease because of such failure. Any disputes concerning such interruption shall include, without limitation, failure of services caused by (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action; (iv) inability despite the foregoing shall be resolved by JAMS arbitration pursuant exercise of reasonable diligence to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage toobtain electricity, water or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours fuel; or (except in cases of emergency), have free access to all electrical and mechanical installations of v) any other cause beyond Landlord’s reasonable control.

Utilities and Services. Tenant shall be responsible agrees to contract directly for and shall to pay promptly, directly to the appropriate supplier, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickupwaste/trash removal, janitorial service, interior landscape maintenance sewer and all other utilities, materials utilities and services furnished directly supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any taxes thereon. If any such services are not separately metered to Tenant, Tenant agrees to pay a reasonable proportion to be determined by Landlord of all charges jointly metered with other Premises. Landlord will not be liable to Tenant for any failure to furnish any of the foregoing utilities and services if such failure is caused by all or any of the following: (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or (v) any other cause beyond Landlord's reasonable control. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be liable for damages entitled to any abatement or otherwise for any reduction of rent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or interruption taking described therein), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any utility covenant or other service furnished agreement in this Lease because of such failure. Notwithstanding anything in this Lease to the Premisescontrary, 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. Notwithstanding the foregoingif, if as a result of the actions negligent acts or omissions of Landlord, Landlord or its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no elevator service to the Premises, or no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that any portion of the Premises cannot be and is not used by Tenant, in Tenant’s 's judgment reasonably exercised, then Tenant’s Basic Rent 's rent shall thereafter be abated until the Premises are again usable by Tenant in proportion to the extent to which Tenant's use of the Premises is interfered with; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rentrent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions This paragraph shall not apply in case of damage to, or destruction of, the PremisesBuilding, which shall be governed by the provisions a separate provision of Article XI of the this Lease. Notwithstanding the foregoing, Tenant may not xxxxx rent if Landlord shall, upon at least 24 hours prior notice disputes Tenant's right to xxxxx or the amount thereof until and only to the extent the arbitrator provides that Tenant may do so in accordance with and during normal business hours (except in cases pursuant to the terms of emergency), have free access to all electrical and mechanical installations of LandlordParagraph 44 hereof.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, 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 taxes thereon; provided, however, Tenant shall not be obligated to pay directly for any utilities, water, gas, electricity, sewer, heat, light, power, janitorial service, landscape maintenance, etc. to the extent such costs are billed to Tenant as Operating Expenses for the Project. 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 except as expressly provided in the next succeeding paragraph of this Section 6.1, no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any abatx xxx rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. In exercising Landlord's right of free access to all mechanical and electrical installations, Landlord shall not unreasonably interfere with Tenant's use and enjoyment of the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord, 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, in Tenant’s judgment reasonably exercised, then Tenant’s 's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, 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 taxes thereon. 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 shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord, 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, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Landlord shall provide, at Xxxxxxxx's sole expense, the following utilities and services for the Premises and the Common Areas: heating and air-conditioning, as conditions require, electricity, gas, and water and sewer. janitorial service and interior trash removal. Landlord shall also provide (if required in the exhibits), or permit Tenant or a telecommunications company to install, telecommunications connections from the public right of way through the Building to the Premises. If Landlord or Landlord's agents, employees, contractors, tenants, licensees or invitees interrupt, discontinue or cause the interruption or discontinuation of any utilities or services reasonably necessary for Tenant’s or any Occupant’s use and enjoyment of the Premises and the Common Areas, in whole or in part, then Tenant, in addition to any other remedy available under law, at equity, or under this Lease, shall be entitled to deduct from the Rent, or other payments otherwise due to Landlord under the terms of this Lease, the per diem Rent for each day that such interruption or discontinuance remains in effect. If the interruption or discontinuance is caused by Landlord’s failure to pay the provider of the utility or service, resulting in the termination of the utility or services by such provider, then Tenant may pay directly to the provider the amount necessary to restore the utility or services, in which event Landlord shall reimburse Tenant all such amounts immediately on demand and / or Tenant shall be responsible for and shall pay promptlyentitled to deduct from the Rent, directly or other payments otherwise due to Landlord under the terms of this Lease or any renewal or extension thereof, the amount of such payment to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, 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 taxes thereonprovider. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished Notwithstanding anything to the Premisescontrary contained in this Lease, and no such failure if any disruption of utilities or interruption services, as provided in this Section 9(a), continues for twenty (20) consecutive days, Tenant shall be deemed an eviction or entitle Tenant have the right to terminate this Lease without any liability, penalty or withhold recourse whatsoever to Tenant or xxxxx any rent due hereunder. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following Occupant by written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that Tenant shall have no right of termination under this Section 9(a) if Landlord is diligently pursuing such interruption soley and directly due to the repair gross negligence or willful misconduct of such utilities Tenant. The provisions of this paragraph shall survive the expiration of the Term 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 an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 any termination of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly Landlord agrees to furnish to the appropriate supplierPremises ---------------------- during reasonable hours of generally recognized business days, all charges and as is customary and usual for watergeneral office usages in like and comparable building in the Financial District in San Francisco, gasas determined by Landlord, electricityelectricity for building-standard lighting and for normal fractional horsepower office machines, sewerincluding personal computers and printers, heatfax machines and office copiers, lightheating, powerair conditioning and ventilation required in Landlord's judgment for the comfortable use and occupation of the Premises, telephone, refuse pickup, elevator and janitorial service, interior landscape maintenance and all other utilitieswater for lavatory and drinking purposes. Landlord shall also maintain and keep lighted the common stairs, materials common entries and toilet rooms in the common areas of the Building. Landlord's operation and delivery of services furnished directly to Tenant or the Building and the Premises or used by Tenant inshall be in a manner reasonably consistent with other comparable office buildings located in the City and County of San Francisco. Except as otherwise expressly set forth herein, on or about the Premises during the Term, together with any taxes thereon. Landlord shall not be liable for damages for, and Tenant shall not be entitled to any abatement of Rent by reason of, Landlord's failure to furnish any of the services or otherwise for any utilities described above when such failure is caused by acts of God, accident, breakage, repairs, strikes, lockouts or interruption other labor disturbances or disputes of any utility character, unavailability of materials or labor, or by any other cause similar or dissimilar, beyond the reasonable control of Landlord, or by rationing or restrictions on the use of said services and utilities due to energy shortages or other service causes, or the making of repairs, alterations or improvements to the Premises or Building whether or not any of the above result from acts or omissions of Landlord. Furthermore, Landlord shall not be liable under any circumstances for a loss of or injury to property or for injury to or interference with Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing services or utilities, except to the extent such loss, injury, or interference is caused by the gross negligence or willful misconduct of Landlord. Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or of suppliers of utilities in reducing energy or other resources consumption, and Tenant shall not be relieved of its obligation to pay the full Rent by reason thereof. Landlord shall also have the exclusive right, but not the obligation, to provide any additional services which may be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, delivery services, additional repair and maintenance, provided that Tenant shall pay to Landlord upon billing the sum of all costs to Landlord of such additional services, plus a ten percent (10%) administration fee. Tenant shall not, without Landlord's prior written consent, use heat- generating machines other than normal fractional horsepower office machines, or equipment or lighting other than building-standard lights in the Premises which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, and no such failure or interruption the reasonable cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be deemed an eviction paid by Tenant to Landlord within ten (10) business days of billing by Landlord. Such cost shall include the cost of electrical metering or surveying necessary to determine the additional charges by reason of Tenant's off-hours or additional use of utilities or services, for the use of non-standard machines, equipment or lighting, and because of the carelessness of Tenant or the nature of Tenant's business. Tenant shall not, without Landlord's prior written consent, install lighting or equipment which would cause the electric current requirements of the Premises to exceed at any time three and one-half (3.5) xxxxx per square foot of net rentable area of the Premises. If such consent is given, Tenant shall pay to Landlord upon billing for the cost of such excess consumption. In the event any governmental entity promulgates or revises any statute, ordinance or building, fire or other code or imposes mandatory controls or guidelines on Landlord or the Building or any part thereof, relating to the use or conservation of energy, water, gas, light or electricity or other emissions or the provision of any other utility or service provided with respect to this Lease, or in the event Landlord is required or elects to make alterations to the Building in order to comply with such mandatory controls or guidelines, Landlord may, in its sole discretion, comply with such mandatory controls or guidelines or make such alterations to the Building related thereto. Such compliance and the making of such alterations shall in no event entitle Tenant to terminate this Lease any damages, relieve Tenant of the obligation to pay the full Annual Rent and additional rent reserved hereunder or withhold constitute or xxxxx any rent due hereunder. Notwithstanding the foregoing, if be constituted as a result constructive or other eviction of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 Tenant shall not be entitled to an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI rent should such compliance and such alterations prevent Tenant's use and occupancy of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours Premises for any period of time exceeding ten (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord10) days continuously.

Utilities and Services. Tenant shall be responsible for obtain in its own name and shall pay promptly, directly to the appropriate suppliersupplier the cost of all utilities and services serving the Leased Premises, all charges for waterincluding, but not limited to: natural gas, electricity, sewer, heat, light, electrical power, water, sewer, telephone, refuse pickup, janitorial service, interior landscape maintenance refuse disposal and all other utilitiesutilities and services. Except as set forth below, 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 not be liable for in damages or otherwise for any failure or interruption of any utility service or other service furnished to the Leased 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 sums due hereunder. Notwithstanding the foregoing, if in the event that (i) such interruption is due to Landlord’s, or its employees’, agents’ or contractors’, negligence or intentional wrongful acts, and (ii) the Leased Premises are untenantable (meaning that Tenant is not reasonably able to use such space in the normal course of its business for the Intended Use), then Tenant shall notify Landlord in writing that Tenant intends to xxxxx rent. If service has not been restored within five (5) days of Landlord’s receipt of Tenant’s notice, then Minimum Annual Rent and Additional Rent shall xxxxx on a per diem basis commencing on the date of the interruption and continuing during the time when the Leased Premises remains 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 entitled to damages (consequential or otherwise) as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordthereof.

Utilities and Services. Landlord shall furnish to the Premises the utilities and services described in the Standards for Utilities and Services, attached hereto as Exhibit C. Tenant agrees to perform and be bound by all of the provisions of Exhibit C. Charges for any services, goods or materials furnished by Landlord at Tenant's request and charges for services, goods and materials furnished by Landlord as a result of uses or demands by Tenant in excess of those normally furnished to other tenants in the Building with general office usage may be billed to Tenant on its monthly rental statement and if so billed, shall payable by Tenant together with its rent (or if not billed on the monthly rental statement, the charges shall be responsible payable within twenty (20) days after Landlord delivers a statement for such services, goods or materials to Tenant). Interruption of utilities or services (including telephone and shall pay promptlytelecommunications services) or Landlord's failure to furnish any of such utilities or services when such interruption or failure is caused by (i) accident, directly breakage or repairs, (ii) strikes, lockouts or other labor disturbance or labor dispute of any character, (iii) governmental regulation, moratorium or other governmental action, (iv) inability despite the exercise of reasonable diligence to the appropriate supplier, all charges for waterobtain electricity, gas, water or fuel, (v) limitation, rationing, curtailment or restriction on the use of water, electricity, sewergas, heatheating, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all cooling or other utilities, materials and services furnished directly forms of service or utility provided to Tenant or the Premises or used by the Building or (vi) any other cause beyond Landlord's reasonable control, shall not give rise to a claim for damages against Landlord or otherwise result in any liability to Landlord. In addition, Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall not be liable entitled to any offset, abatement or reduction of rent by reason of such failure, no actual or constructive eviction of Tenant shall result from such failure and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord shall diligently attempt to resume service promptly. Tenant's sole remedy for damages breach of this Article by Landlord shall be an action for damages, as provided for and limited by Section 17.6 of this Lease. If Tenant is prevented from using, and does not use, the Premises or otherwise for any portion thereof, or if Tenant's ability to conduct its business operations from the Premises is materially impaired, as a result of any failure or interruption of any utility or other service furnished to provide services to the Premises, and no such failure did not result from a casualty covered by Article 15 below and was not caused directly or interruption shall be deemed indirectly by an eviction act or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Notwithstanding the foregoing, if as a result omission of the actions of LandlordTenant, its agents, contractors or employees, agents or visitors, guests, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for more than three seven (37) consecutive business days following (the "Services Failure Period") after Landlord's receipt of Tenant's written notice notice, then Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to Landlordbe so prevented from using, there and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is no HVAC or electricity services prevented from using, and does not use, bears to the total rentable area of the Premises, or such an interruption provided that Rent shall be abated completely if the portion of other essential utilities and building services, such as fire protection or water, so that the Premises canthat Tenant is prevented from using, and does not be used by Tenantuse, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in Tenant’s judgment reasonably exercisedfact, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; providedfor that reason, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing conduct its business in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly (a) Landlord agrees to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly furnish to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermOperating Hours, together subject to the conditions and in accordance with the standards set forth in this Lease, water for lavatory and drinking purposes (hot and cold), and elevator service by non-attended automatic elevators. Landlord shall not be obligated to provide janitorial services for the Premises, which services shall be provided and fully paid by Tenant, as set forth in Section 14(d). Tenant agrees that Landlord may impose a reasonable charge for the use of any taxes thereonadditional services required by Tenant’s carelessness or the nature of Tenant’s business. Landlord shall not be obligated to service, maintain, repair or replace any system or improvement in the Premises that has not been installed by Landlord at Landlord’s expense, or which is a specialized improvement requiring additional or extraordinary maintenance or repair (by way of example only, if the standard premises in the Building contain fluorescent light fixtures, Landlord’s obligation shall be limited to the replacement of fluorescent light tubes, irrespective of any incandescent fixtures that may have been installed in the Premises at Tenant’s expense). Landlord shall not be liable for damages for, and Tenant shall not be entitled to, any abatement or otherwise 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; provided, however, Landlord shall use its reasonable efforts to cause such services to be restored as soon as possible. Tenant hereby waives the provisions of California Civil Code section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the interruption or failure or interruption of any utility services to be provided under this Lease. In the event that Tenant is prevented from using, and does not use, the Premises or other service furnished any portion thereof, as a result of (i) any failure by Landlord to provide services, utilities or access to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate Premises as required under this Lease or withhold or xxxxx any rent due hereunder. Notwithstanding the foregoing, if (other than as a result of the actions acts or wrongful omissions of Tenant or any Tenant Party), (ii) Landlord’s exercise of its retained rights under Section 3 above or any other Landlord alterations to the Building, or (iii) Landlord’s failure to comply with its agentsoperating, contractors or employeesmaintenance and repair obligations under Sections 11(b) and 11(c) above (any such event, an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for more than three five (35) consecutive business days following written after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Rent shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to Landlordbe so prevented from using, there and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is no HVAC or electricity services prevented from using, and does not use, bears to the total rentable area of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Landlord is diligently pursuing the repair of Tenant does not conduct its business from such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipmentremaining portion, then there shall not be an abatement for such time after expiration of Basic Rent. Any disputes concerning the foregoing Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Rent for the entire Premises shall be resolved by JAMS arbitration pursuant abated for such time as Tenant continues to Section 22.7 of this Lease. The foregoing provisions shall be so prevented from using, and does not apply in case of damage to, or destruction ofuse, the Premises. If, which however, Tenant reoccupies any portion of the Premises during such period, the Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be governed payable by Tenant from the date Tenant reoccupies such portion of the Premises. Tenant hereby waives the provisions of Article XI California Civil Code section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the interruption or failure of any services to be provided under this Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall Landlord at its expense agrees (i) to cause the necessary mains, conduits, pipes, back-up generator and other facilities to be responsible for and shall pay promptlyprovided to make [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, directly to the appropriate supplierMARKED BY BRACKETS, all charges for HAS BEEN OMITTED BECAUSE THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance phone and all other utilities, materials electricity available to the Leased Premises for use by Tenant during the Lease Term; and (ii) to provide the services furnished directly listed on Exhibit C hereto to Tenant or at the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereonLeased Premises. Landlord shall not in no event be liable for damages any interruption or otherwise for any failure or interruption of any utility or other service furnished services to be provided by Landlord under this Lease on or to the Leased 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. Notwithstanding the foregoing, if Tenant is prevented from using, and as a result thereof actually does not use (other than for storage purposes), the Leased Premises or any portion thereof because of (i) the actions unavailability of Landlordany utility or HVAC to be provided by Landlord hereunder, its agents, contractors or employees, (ii) lack of access to the Leased Premises or any portion thereof for more than three a period of five (35) consecutive business days following Landlord’s receipt from Tenant of a written notice to Landlord, there is no regarding such unavailability of utility or HVAC or electricity services to the Premiseslack of access, and such unavailability or such an interruption lack of other essential utilities and building services, such as fire protection access was not caused by or water, so that the Premises cannot be used by Tenant, in through Tenant’s judgment reasonably exercisednegligence or intentional misconduct, then and was caused by Landlord’s negligence or intentional misconduct, then, as Tenant’s Basic Rent sole remedy therefor, Tenant shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 entitled to an abatement of Basic RentRent for each consecutive day (after such five (5) consecutive business day period) that Tenant is so prevented from using (and as a result thereof does not in fact use) all or such portion of the Leased Premises until such time as such utility or HVAC or access is restored. Any disputes concerning If less than the foregoing entire Leased Premises is affected by such interruption, the Rent abatement shall be resolved prorated by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction ofa fraction, the Premises, numerator of which shall be governed the rentable area of the portion of the Leased Premises rendered unusable (and unused by Tenant) by the provisions interruption and the denominator of Article XI which shall be the rentable area of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordentire Leased Premises.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, 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 taxes thereon. 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 shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employeesemployees 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, Landlord there is no HVAC service or electricity services 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, in Tenant’s judgment reasonably exercised, 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 less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 an abatement of Basic RentRent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Landlord and Tenant shall be responsible for to furnish those utilities and shall pay promptly, directly services to the appropriate supplierPremises to the extent provided in Exhibit C, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance subject to the conditions and all other utilities, materials payment obligations 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 thereonstandards set forth in this Lease. Landlord shall not be liable for damages or otherwise for any failure to furnish any services or interruption utilities when the failure is the result of any utility accident or other service furnished cause beyond Landlord’s reasonable control, nor shall Landlord be liable for damages resulting from power surges or any breakdown in telecommunications facilities or services. Landlord’s temporary inability to the Premises, and no such failure furnish any services or interruption utilities shall be deemed an eviction or not entitle Tenant to terminate this Lease any damages, relieve Tenant of the obligation to pay rent or withhold constitute a constructive or xxxxx any rent due hereunderother eviction of Tenant, except that Landlord shall diligently attempt to restore the service or utility promptly. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the provision of services and utilities, and shall cooperate with all reasonable conservation practices established by Landlord. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its agentsemployees, contractors or employeesauthorized agents, for more than three (3) 3 consecutive business days following written notice to Landlord, Landlord there is no electricity, HVAC or electricity 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, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant Landlord shall be responsible for and shall pay promptly, directly furnish to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials Premises those utilities and services furnished directly described in Exhibit C, subject to Tenant or the Premises or used by Tenant inconditions and payment obligations and standards set forth in this Lease. Except as otherwise provided herein, on or about the Premises during the Term, together with any taxes thereon. Landlord shall not be liable for damages or otherwise for any failure to furnish any services or interruption utilities when the failure is the result of any utility accident or other service furnished cause beyond Landlord’s reasonable control, nor shall Landlord be liable for damages resulting from power surges or any breakdown in telecommunications facilities or services. Except as otherwise provided herein, Landlord’s temporary inability to the Premises, and no such failure furnish any services or interruption utilities shall be deemed an eviction or not entitle Tenant to terminate this Lease any damages, relieve Tenant of the obligation to pay rent or withhold constitute a constructive or xxxxx any rent due hereunderother eviction of Tenant, except that Landlord shall diligently attempt to restore the service or utility promptly. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the provision of services and utilities, and shall cooperate with all reasonable conservation practices established by Landlord. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its agentsemployees, contractors or employeesauthorized agents, for more than three (3) consecutive business days following written notice to Landlord, Landlord there is no elevator, 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, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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, Premises (which shall be governed by the provisions of Article XI 11 of the this Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Landlord and Tenant shall be responsible for to furnish those utilities and shall pay promptly, directly services to the appropriate supplierPremises to the extent provided in Exhibit C, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance subject to the conditions and all other utilities, materials payment obligations 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 thereonstandards set forth in this Lease. Landlord shall not be liable for damages or otherwise for any failure to furnish any services or interruption utilities when the failure is the result of any utility accident or other service furnished cause beyond Landlord’s reasonable control, nor shall Landlord be liable for damages resulting from power surges or any breakdown in telecommunications facilities or services. Landlord’s temporary inability to the Premises, and no such failure furnish any services or interruption utilities shall be deemed an eviction or not entitle Tenant to terminate this Lease any damages, relieve Tenant of the obligation to pay rent or withhold constitute a constructive or xxxxx any rent due hereunderother eviction of Tenant, except that Landlord shall diligently attempt to restore the service or utility promptly. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the provision of services and utilities, and shall cooperate with all reasonable conservation practices established by Landlord. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its agentsemployees, contractors or employeesauthorized agents, for more than three (3) consecutive business days following written notice to Landlord, Landlord there is no HVAC or electricity services to all or a portion of the PremisesPremises (exclusive, however, of service by the Supplemental HVAC Equipment), 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, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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, Premises (which shall be governed by the provisions of Article XI 11 of the Lease). Landlord shall, upon at least 24 hours prior notice to Tenant Any disputes concerning the foregoing provisions shall be submitted and during normal business hours (except resolved in cases of emergency), have free access to all electrical and mechanical installations of Landlordaccordance with Section 14.7(b) herein. 6.2.

Utilities and Services. Landlord agrees to furnish the Premises with heat and air conditioning, elevator services, if installed, water, sanitary sewer, and electric current for lighting, ordinary orthodontic, dental and medical equipment and business appliances. If any utilities provided to Tenant are separately metered, Tenant shall be responsible for pay all costs associated with the usage of such utilities and shall pay promptly, directly all costs of telephone installations and service. Notwithstanding anything contained in the Lease to the appropriate suppliercontrary, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, 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 if any taxes thereon. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility utilities or other service furnished to the Premises, and no such failure or interruption services shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, continue for more than three (3) consecutive business days following and shall render any portion of the Premises unusable for the normal conduct of Tenant's business, and if Tenant does not in fact use or occupy such portion of the Premises, then all rent payable hereunder with respect to such portion of the Premises which Tenant does not occupy shall be abated retroactively to the first (1st) business day of such interruption and such abatement shall continue until full use of such portion of the Premises is restored to Tenant. Provided that if such interruption continues for more than twenty (20) consecutive business days, Tenant shall have the right to terminate the Lease upon written notice to Landlord. Thereupon, there is no HVAC or electricity services to this Lease shall terminate and expire on the Premisesdate set forth in such notice, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 which date shall not be an abatement more than ninety (90) days after the date of Basic Rentsuch notice. Any disputes concerning Except in the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction ofan emergency, the Premises, which shall Landlord will give Tenant at least five (5) business days prior notice if Landlord intends to interrupt any services required to be governed furnished by the provisions of Article XI of the LeaseLandlord. Landlord shall, upon at least 24 hours prior notice shall insure that any such interruptions are minimized to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordthe extent possible.

Utilities and Services. (a) Tenant shall be responsible for and shall pay promptly, make timely payment directly to the appropriate suppliervendor supplying the same, all charges for water, gas, electricity, sewer, heat, light, powerelectricity (subject to Paragraph 5(e) below), telephone, refuse pickup, janitorial sewer service, interior landscape maintenance waste pick-up and all any other utilities, materials and or services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermLease Term (collectively, together “Utilities”), including, without limitation, (i) deposits, meter, use and/or connection fees, hook-up fees, or standby fee, and (ii) penalties for discontinued or interrupted service, except that Tenant shall not be required to pay the cost of meters and/or utility hookups for the Utilities to the extent installation of such meters and/or utility hookups are a part of the Landlord Improvements. If Landlord is required to make any deposits for Utilities in order to complete the Landlord Improvements, Tenant shall, within thirty (30) days of Landlord’s written request therefor, (i) reimburse Landlord for any deposit for such Utilities paid by Landlord if the applicable vendor of the Utility returns to Tenant any deposit made by Landlord or, (ii) if the applicable vendor will not return such deposits to Tenant, then Tenant shall replace Landlord’s deposit with any taxes thereona deposit from Tenant so that the vendor can return Landlord’s deposit to Landlord. Tenant shall separately arrange with, and pay directly to, the applicable local public authorities or utilities, as the case may be, for the furnishing, installation and maintenance of all Utilities as may be required by Tenant in the use of the Premises. Landlord shall not be liable for any damages resulting from interruption of, or otherwise for Tenant’s inability to receive such Utilities, and any failure or interruption such inability shall not relieve Tenant of any utility of its obligations under this Lease unless such interruption makes it impossible or other service furnished to the Premises, and no such failure or interruption shall be deemed an eviction or entitle impractical for Tenant to terminate this Lease operate its business in the Premises and such interruption is caused by Landlord’s negligence or withhold or xxxxx any rent due hereunder. Notwithstanding the foregoingwillful misconduct, if in which case, as a result of the actions of Tenant’s sole and exclusive remedy against Landlord, its agents, contractors or employees, for more than three Rent shall xxxxx from and after the eighth (38th) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair day of such 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 an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordinterruption until such interruption ceases.

Utilities and Services. Tenant shall be responsible for obtain in its own name and shall pay promptly, directly to the appropriate supplier, supplier the cost of all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials utilities and services furnished directly serving the Leased Premises. However, if any services or utilities are jointly metered with other property, Landlord shall make a reasonable determination of Tenant’s proportionate share of the actual cost of such utilities and services and Tenant shall pay such share to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereonLandlord as Additional Rent following receipt of Landlord’s written statement. Landlord shall not be liable for in damages or otherwise for any failure or interruption of any utility or other building 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 sums due hereunder. Notwithstanding the foregoing, in the event that (i) such interruption is due to Landlord’s negligence or intentional wrongful acts, (ii) the restoration of service is entirely within Landlord’s control, (iii) Landlord negligently fails to restore such service within a reasonable time, and (iv) the Leased Premises are untenantable (meaning that Tenant is unable to use such space in the normal course of its business for the Permitted Use) for more than ten (10) consecutive 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 five (5) 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 ten (10) day period during which the Leased Premises remains 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 entitled to damages (consequential or otherwise) as a result thereof. In the event of utility “deregulation”, Landlord may choose the actions of Landlordservice provider, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so provided that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of costs for such 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 utility shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordmaterially increase.

Utilities and Services. Tenant shall be responsible for obtain in its own name and shall pay promptly, directly to the appropriate supplier, supplier the cost of all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials utilities and services furnished directly serving the Leased Premises. Landlord and Tenant acknowledge that Tenant's water will be submetered. However, if any services or utilities are jointly metered with other property, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such share to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereonLandlord within fifteen (15) days after receipt of Landlord's written statement. Landlord shall not be liable for in damages or otherwise for any failure or interruption of any utility or other Building 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 sums due hereunder. In the event of utility "deregulation", Landlord shall choose the service provider. Notwithstanding the foregoing, in the event that (i) such interruption is due to Landlord's negligence or intentional wrongful acts, or (ii) the restoration of service is entirely within Landlord's control, and (iii) Landlord negligently fails to restore such service within a reasonable time, and (iv) the Leased Premises are untenantable (meaning that Tenant is unable to use such space in the normal course of its business for the Permitted Use) for more than five (5) consecutive days, then Tenant shall notify Landlord (and Landlord's tender, if any) in writing that Tenant intends to abate rent. If service has not been restored within five (5) days ox Xxxdlord's receipt of Tenant's notice, then Minimum Annual Rent and Additional Rent shall abate on a per them basis for each day commencing on the day which xxx Xeased Premises became untenantable and continuing until the Leased Premises becomes tenantable, Such abatement shall be Tenant's sole remedy for Landlord's failure to restore service as set forth above, and Tenant shall not be entitled to damages (consequential or otherwise) as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordthereof.

Utilities and Services. Tenant shall be responsible for and Lessee shall pay promptly, directly to the appropriate supplier, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance trash disposal and all other utilities, materials utilities and services furnished supplied directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any taxes thereon. Landlord There shall be no abatement of Rent and Lessor shall not be liable in any respect whatsoever for damages the inadequacy, stoppage, interruption or otherwise for any failure or interruption discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repair or other service furnished cause beyond Lessor’s reasonable control or in cooperation with governmental request or directions. Notwithstanding anything to the Premisescontrary set forth herein, (i) if a stoppage of an Essential Service (as defined below) to the Premises shall occur, and no such failure stoppage is due to the negligence or interruption willful misconduct of Lessor and not due to any act or omission on the part of Lessee (any such stoppage of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than five (5) consecutive days after Lessor shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Notwithstanding the foregoinghave received written notice thereof from Lessee, if and (iii) as a result of such Service Interruption, the actions conduct of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, Lessee’s normal operations in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenantadversely affected in any material respect, then, there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such five (5) day period; provided, however, that if Landlord any part of the Premises is diligently pursuing reasonably useable for Lessee’s normal business operations or if Lessee conducts all or any part of its operations in any portion of the repair of Premises notwithstanding such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipmentService Interruption, then there shall not be an the amount of each daily abatement of Basic RentBase Rent shall only be proportionate to the nature and extent of the interruption of Lessee’s normal operations or ability to use the Premises. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction ofFor purposes hereof, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.term “

Utilities and Services. Tenant shall be responsible responsible, at its sole cost and expense, for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, telecommunications service, refuse pickup, 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 taxes thereon. If 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 thirty (30) 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 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. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its agentsemployees, contractors or employeesauthorized agents, for more than three (3) consecutive business days following written notice to Landlord, 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, in Tenant’s judgment reasonably exercised, then Tenant’s 's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning Provided Landlord shall diligently pursue the repair of such utilities and services, the foregoing provisions shall be resolved by JAMS arbitration pursuant to Section 22.7 Tenant's sole recourse and remedy in the event of this Leasesuch an interruption of services. The foregoing provisions 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, Premises (which shall be governed by the provisions of Article XI of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by JAMS arbitration pursuant to Article III of the Work Letter attached to this Lease. Landlord shall, upon shall at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), 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 (which shall only be provided upon Tenant's request), including, without limitation, telephone lines, shall be charged to Tenant.

Utilities and Services. Tenant shall be solely responsible for obtaining and shall pay promptly, directly to the appropriate supplier, paying for all charges for utilities and services (including water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly security) relating to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereonPremises. Landlord shall not be liable for damages for, Tenant shall not be entitled to any abatement or otherwise for any failure or interruption reduction of Rent by reason of, no eviction of Tenant shall result from, and Tenant shall not be relieved from the performance of any utility covenant or agreement in this Lease because of Tenant's failure to obtain such utilities and/or services. Landlord reserves the right to temporarily stop the services of the plumbing, electricity, water, ventilation, air condition or heating systems when necessary by reason of accident, emergency, or for repairs, maintenance or construction of Landlord's Work. To the extent possible and practicable, Landlord shall give advance notice to Tenant of any proposed shutdowns of services. If the Premises should become not reasonably suitable for Tenant's use as a consequence of cessation of utilities or other service furnished services, interference with access to the PremisesPremises not existing on the date hereof, legal restrictions not existing on the date hereof or the presence of any Hazardous Material on the Premises which is not known to Tenant on the date hereof and does not result from any Environmental Activity of Tenant or Tenant's employees, agents or invitees, and no such failure or interruption in any of the foregoing cases the interference with Tenant's use of the Premises persists for seven (7) consecutive days, then Tenant shall be deemed entitled to an eviction or entitle equitable abatement of Rent to the extent of the interference with Tenant's use of the Premises occasioned thereby. If the interference persists for more than ninety (90) consecutive days, Tenant shall have the right to terminate this Lease or withhold or xxxxx any rent due hereunder. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following upon written notice to Landlord. Landlord shall have the right, there is no HVAC or electricity services but not the obligation, to take such action as may be reasonably necessary to remove the cause of such any interference with Tenant's use of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall Throughout the Term of the Lease so long as the Premises are occupied, Lessor agrees to furnish or cause to be responsible for and shall pay promptly, directly furnished to the appropriate supplierPremises the utilities and services described in the Standards for Utilities and Services attached hereto as Exhibit “F”. Except for Lessor’s gross negligent or willful misconduct Lessor will not be liable to Lessee for any failure to furnish any of the foregoing utilities and services if such failure is caused by all or any of the following: (i) accident, all charges for waterbreakage or repairs; (ii) strikes, gaslockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of reasonable diligence to obtain electricity, sewerwater or fuel; or (v) any other cause beyond Lessor’s reasonable control. In addition, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other in the event of any stoppage or interruption of services or 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 Lessee shall not be liable for damages entitled to any abatement or otherwise for reduction of rent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or laking described therein), no eviction of Lessee will result from such failure and Lessee will not be relieved from the performance of any failure covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Lessor agrees to diligently attempt to resume service promptly. If Lessee requires or utilizes an unreasonably greater amount of any utility water or other service furnished electrical power, Lessor may at its option require Lessee to pay, as additional rent, the cost, as reasonably determined by Lessor, incurred by such extraordinary usage and/or Lessor may install separate meter(s) for the Premises, at Lessee’s sole expense, and no such failure or interruption shall be deemed an eviction or entitle Tenant Lessee agrees thereafter to terminate this Lease or withhold or xxxxx any rent due hereunder. Notwithstanding the foregoing, if as a result pay all shares of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordutility providing service.

Utilities and Services. Tenant shall pay for all water (except for irrigation water which shall be responsible for separately metered and shall pay promptly, directly to the appropriate supplier, all charges for wateran Operating Expense), gas, electricity, sewer, heat, light, power, telephone, refuse pickuptrash disposal, janitorial service, interior landscape maintenance service and all other utilities, materials utilities and services furnished directly supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any taxes thereon. Landlord will not be liable to Tenant for any failure of Tenant to obtain any of the foregoing utilities and services. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be liable for damages entitled to any abatement or otherwise for any reduction of rent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or interruption taking described therein), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any utility covenant or other service furnished agreement in this Lease because of such failure. Notwithstanding anything in this Lease to the Premisescontrary, 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. Notwithstanding the foregoingif, if as a result of the actions negligent acts or omissions of Landlord, Landlord or its agents, contractors or employees, for more than three one (31) consecutive business days day following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building Building services, such as fire protection or water, so that any portion of the Premises cannot be and is not used by Tenant, in Tenant’s 's judgment reasonably exercised, then Tenant’s Basic Rent 's rent shall thereafter be abated until the Premises are again usable by Tenant in proportion to the extent to which Tenant's use of the Premises is interfered with; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rentrent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions This paragraph shall not apply in case of damage to, or destruction of, the PremisesBuilding, which shall be governed by the provisions a separate provision of Article XI of the this Lease. Notwithstanding the foregoing, Tenant may not xxxxx rent if Landlord shall, upon at least 24 hours prior notice disputes Tenant's right to xxxxx or the amount thereof until and only to the extent the arbitrator provides that Tenant may do so in accordance with and during normal business hours (except in cases pursuant to the terms of emergency), have free access to all electrical and mechanical installations of LandlordParagraph 45 hereof.

Utilities and Services. Tenant represents that it is familiar with the standards for all utilities servicing the Premises, including, without limitation, the capacity of the feeders to the Building and the risers and wiring installations. Tenant shall be responsible contract directly with all utility companies and similar providers for utilities and shall pay promptly, directly services to the appropriate supplierPremises and pay directly for all such services (which shall include, without limitation, all charges for water, gas, electricity, sewer, heatelectrical, lightcable and other electronic data transmission services), power, telephone, refuse pickup, 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 taxes thereon. Landlord shall not be liable for damages or otherwise for have no obligation to provide 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 hereunderservices. Notwithstanding the foregoing, if as a result any installation of utility lines, including, without limitation, Building Cable whether or not through any existing conduits or risers, and any trenching over the actions Premises to install wiring or cable, whether or not over existing utility easements, shall be considered an alteration to the Building Structure and Systems. Unless directly caused by the gross active negligence or the intentional misconduct of Landlord, its agents, contractors the interruption of any utilities or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the PremisesBuilding shall not result in any liability of Landlord, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 Tenant shall not be an entitled to any abatement or reduction of Basic Rentrent by reason of such failure (whether such failure affects HVAC services or otherwise), no eviction of Tenant shall result from such failure, and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease because of such failure. Any disputes concerning such interruption shall include, without limitation, failure of services caused by (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation moratorium or other action; (iv) inability despite the foregoing shall be resolved by JAMS arbitration pursuant exercise of reasonable diligence to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage toobtain electricity, water or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Leasefuel; or (v) any other cause beyond Landlord's reasonable control. Landlord shall, upon at least 24 hours prior notice Tenant's expense, take all reasonable actions as Tenant may reasonably request to Tenant and during normal business hours (except in cases restore or cause the restoration of emergency), services which have free access to all electrical and mechanical installations of Landlord.been interrupted

Utilities and Services. Tenant shall Throughout the Term of the Lease so long as the Premises are occupied, Lessor agrees to furnish or cause to be responsible for and shall pay promptly, directly furnished to the appropriate supplierpremises the utilities and services described in the Standards for Utilities and Services attached hereto as Exhibit "F" Lessor will not be liable to Lessee for any failure to furnish any of the foregoing utilities and services if such failure is caused by all or any of the following: (i) accident, all charges for waterbreakage or repairs; (ii) strikes, gaslockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of reasonable diligence to obtain electricity, sewerwater or fuel; or (v) any other caused beyond Lessor's reasonable control. In addition, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other in the event of any stoppage or interruption of services or 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 Lessee shall not be liable for damages entitled to any abatement or otherwise for reduction of rent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Lessee will result from such failure and Lessee will not be relieved from the performance of any failure covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption of any utility thereof, Lessor agrees to diligently attempt to resume service promptly. If Lessee requires or other service furnished utilizes more water or electrical power than is considered reasonable or normal by Lessor, Lessor may at its option require Lessee to pay, as additional rent, the cost, as fairly determined by Lessor, incurred by such extraordinary usage and/or Lessor may install separate meter(s) for the Premises, at Lessee's sole expense, and no such failure or interruption shall be deemed an eviction or entitle Tenant Lessee agrees thereafter to terminate this Lease or withhold or xxxxx any rent due hereunder. Notwithstanding the foregoing, if as a result pay all shares of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordutility providing service.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, 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 taxes thereon; provided, however, Tenant shall not be obligated to pay directly for any utilities, water, gas, electricity, sewer, heat, light, power, janitorial service, landscape maintenance, etc., to the extent such costs are billed to Tenant as Operating Expenses for the Project. 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 axxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the negligent actions or omissions of Landlord, its agents, contractors authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord, 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, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be he governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, 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 taxes thereon. 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 abatx xxx rent due hereunder. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three two (32) consecutive business days following written notice to LandlordLandlord (or oral notice to Landlord if written notice is not feasible), there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s 's judgment reasonably exercised, then Tenant’s 's Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon shall at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), all reasonable times have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall be responsible for and Lessee shall pay promptly, directly to the appropriate supplier, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance trash disposal and all other utilities, materials utilities and services furnished directly supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any taxes thereon. Landlord If any such services are not separately metered or billed to Lessee, Lessee shall pay a reasonable proportion, to be determined by Lessor, of all charges jointly metered or billed. There shall be no abatement of rent and Lessor shall not be liable in any respect whatsoever for damages the inadequacy, stoppage, interruption or otherwise for any failure or interruption discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repair or other service furnished to the Premises, and no such failure cause beyond Lessor’s reasonable control or interruption shall be deemed an eviction in cooperation with governmental request or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. directions Notwithstanding the foregoing, if as a result for reasons within the control of Lessor and not caused by force majeure, any interruption, curtailment, stoppage or suspension of the actions of LandlordEssential Services (as hereinbelow defined), its agents, contractors or employees, shall continue for more than three five (35) consecutive days and shall render the Premises unusable, and if Lessee shall in fact cease conducting business in the Premises, then so long as Lessee is not in default hereunder, all rent and additional rent due hereunder shall be abated for the period beginning on the latter of the first (1st) consecutive business day of such failure or the day Lessee ceases to conduct business in the Premises, and shall continue until use of the Premises is restored to Lessee. If due to a force majeure event or an event beyond the control of Lessor, any interruption, curtailment, stoppage or suspension of Essential Services shall continue for more than thirty (30) consecutive business days following written notice to Landlordand shall render the Premises unusable, there is no HVAC or electricity services to and if Lessee shall in fact cease conducting business in the Premises, or such an interruption of other essential utilities then so long as Lessee is not in default hereunder, all rent and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent additional rent payable hereunder shall thereafter be abated until for the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing period beginning on the repair latter of the first (1st) consecutive business day of such utilities failure or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing the day Lessee ceases to conduct business in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which and shall be governed by the provisions of Article XI continue until use of the LeasePremises is restored to Lessee. Landlord shallFor purposes hereof, upon at least 24 hours prior notice to Tenant “Essential Services” shall mean the provision of (a) cold water, and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordb) electricity.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, 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 taxes thereon. 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 axxxx any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its agents, contractors authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord, 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, in Tenant’s judgment reasonably exercised, then Tenant’s 's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its contractors, authorized agents or employees, or in the case of damage to, or destruction of, the Premises, Premises (which shall be governed by the provisions of Article XI of the Lease). Landlord shall, upon at least 24 hours prior notice Any disputes concerning the foregoing provisions shall be submitted to Tenant and during normal business hours (except in cases resolved by JAMS arbitration pursuant to Section 22.7 of emergency), have free access to all electrical and mechanical installations of Landlordthis Lease.

Utilities and Services. Landlord and Tenant shall be responsible for to furnish those utilities and shall pay promptly, directly services to the appropriate supplierPremises to the extent provided in Exhibit C, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance subject to the conditions and all other utilities, materials payment obligations 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 thereonstandards set forth in this Lease. Landlord shall not be liable for damages or otherwise for any failure to furnish any services or interruption utilities when the failure is the result of any utility accident or other service furnished cause beyond Landlord’s reasonable control, nor shall Landlord be liable for damages resulting from power surges or any breakdown in telecommunications facilities or services. Landlord’s temporary inability to the Premises, and no such failure furnish any services or interruption utilities shall be deemed an eviction or not entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Notwithstanding the foregoingdamages, if as a result relieve Tenant of the actions obligation to pay rent or constitute a constructive or other eviction of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment except that Landlord shall diligently attempt to restore the service or utility promptly. Tenant shall comply with all rules and regulations which Landlord may reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until establish for the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair provision of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposesutilities, as for example, bringing in portable air-conditioning equipment, then there and shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved cooperate with all reasonable conservation practices established by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the LeaseLandlord. Landlord shall, upon shall at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding anything to the contrary in this Lease, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof as a result of (i) any repair, maintenance, alteration or other work performed by Landlord (including those required or permitted by Landlord hereunder), or which Landlord failed to perform, after the Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of or ingress to or egress from the Building, the Building parking facility or the Premises, (ii) any failure to provide the services, utilities, or the use of or ingress to and egress from the Building, the Building parking facility or the Premises, required by this Lease, or (iii) the presence of hazardous or toxic materials (not brought onto the Premises or into the Building by Tenant, its employees, agents or contractors) in violation of applicable law which is required to be remediated, abated, mitigated and/or removed in accordance with applicable law (any such set of circumstances as set forth in items (i), (ii) or (iii) above, to be known as an “Abatement Event”), then Tenant shall give Landlord written notice of such Abatement Event, and, if such Abatement Event continues for five (5) consecutive business days, or ten (10) non-consecutive business days in any twelve (12) month period, after Landlord’s receipt of any such notice (the “Eligibility Period”), then, so long as the cause for the Abatement Event was within the reasonable control of Landlord, or Landlord is otherwise obligated under the terms of this Lease to provide such work or service, rent (including Monthly Installments of Basic Rent and Tenant’s Share of Operating Expenses) (“Rent”) shall be abated or reduced, as the case may be, after the expiration of the Eligibility Period, for such time that such Abatement Event continues (the “Abatement Period”), in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, that in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then, so long as the cause for the Abatement Event was within the reasonable control of Landlord, for such time after the expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Rent for the entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during the Abatement Period, the Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant to Landlord from the date Tenant reoccupies such portion of the Premises. To the extent Tenant is entitled to abatement without regard to the Eligibility Period because of an event described in Sections 11 or 12 of this Lease, then the Eligibility Period shall not be applicable.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, 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 taxes thereon. 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. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s 's judgment reasonably exercised, then Tenant’s 's Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Landlord and Tenant shall be responsible for to furnish those utilities and shall pay promptly, directly services to the appropriate supplierPremises to the extent provided in Exhibit C, all charges for watersubject to the conditions and payment obligations and standards set forth in this Lease. Landlord’s failure to furnish, gasor any interruption, electricitydiminishment or termination of, sewerservices due to the application of laws, heatthe failure of any equipment, lightthe performance of repairs, powerimprovements or alterations, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant utility interruptions or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord occurrence of an event of force majeure (defined in Section 20.8) shall not be render Landlord liable for damages to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or 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 hereunderagreement. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its agentsemployees, contractors or employeesauthorized agents, for more than three (3) consecutive business days following written notice to Landlord, 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 reasonably be used by Tenant, in Tenant’s judgment reasonably exercisedTenant for normal business purposes, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-air conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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, Premises (which shall be governed by the provisions of Article XI 11 of the Lease). Landlord shall, upon at least 24 hours prior notice Any disputes concerning the foregoing provisions shall be submitted to Tenant and during normal business hours (except in cases resolved by JAMS arbitration pursuant to Section II of emergency), have free access the Work Letter attached to all electrical and mechanical installations of Landlordthis Lease.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, 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 taxes thereon. 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. Notwithstanding the foregoing, provided, however, if as a result of any such failure or interruption is due to the actions sole active negligence or willful misconduct of Landlord, its agents, contractors employees or employees, for more than three authorized agents (3a "Landlord-Caused Service Interruption") consecutive and is not restored by Landlord within five (5) business days following written notice to by Tenant of the Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, -Caused Service Interruption in Tenant’s judgment reasonably exercisedquestion, then Tenant’s Basic Rent Tenant shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 entitled to an abatement of Basic Rent. Any disputes concerning Rent reasonably allocable to that portion of the foregoing Premises that Tenant is prevented from using by reason of such Landlord-Caused Service Interruption, which abatement shall be resolved by JAMS arbitration pursuant to Section 22.7 commence on the sixth (6th) business day following Tenant's notice of this Leasethe Landlord-Caused Service Interruption in question and shall continue for the balance of the period during which Tenant is so prevented from using the affected portion of the Premises. The foregoing abatement provisions shall not apply in case be the sole and exclusive remedy of damage to, or destruction of, the Premises, which Tenant with respect to any Landlord-Caused Service Interruption. Landlord shall be governed by the provisions use commercially reasonable efforts to restore any Landlord-Caused Service Interruption as soon as reasonably possible following its receipt of Article XI notice of the Leaseoccurrence thereof. Landlord shall, upon shall at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), all reasonable times have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall be responsible agrees to contract directly for and shall to pay promptly, directly to the appropriate supplier, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickupwaste/trash removal, janitorial service, interior landscape maintenance sewer and all other utilities, materials utilities and services furnished directly supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any taxes thereon. If any such services are not separately metered or billed to Tenant, Tenant agrees to pay a reasonable proportion to be determined by Landlord of all charges jointly metered with other Premises. Landlord will not be liable to Tenant for any failure to furnish any of the foregoing utilities and services if such failure is caused by all or any of the following: (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or (v) any other cause beyond Landlord's reasonable control. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be liable for damages entitled to any abatement or otherwise for any reduction of rent and (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein or if such interruption is due to the acts or negligent omissions of Landlord as provided below), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any utility covenant or other service furnished agreement in this Lease because of such failure. Notwithstanding anything in this Lease to the Premisescontrary, 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. Notwithstanding the foregoingif, if as a result of the actions negligent acts or omissions of Landlord, Landlord or its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no elevator service to the Premises, or no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that any portion of the Premises cannot be and is not used by TenantTenant as contemplated in this Lease, in Tenant’s 's judgment reasonably exercised, then Tenant’s Basic Rent 's rent shall thereafter be abated until the Premises are again usable by Tenant in proportion to the extent to which Tenant's use of the Premises is interfered with; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rentrent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions This paragraph shall not apply in case of damage to, or destruction of, the PremisesBuilding, which shall be governed by a separate provision of this Lease. Notwithstanding the provisions foregoing, Tenant may not abate rent if Landlord disputes Tenant's right to abate or the amxxxx thereof until and only to the extent the arbitrxxxx provides that Tenant may do so in accordance with and pursuant to the terms of Article XI Paragraph 43 of the LeaseAddendum hereof. Except under emergency circumstances, Landlord shall, upon at least 24 hours prior notice shall neither willfully take any action nor willfully fail to Tenant and during normal business hours (except take any action which action or failure would result in cases an interruption of emergency), have free access such services to all electrical and mechanical installations of Landlordthe Premises.

Utilities and Services. Tenant shall Throughout the Term of the Lease so long as the Premises are occupied, Landlord agrees to furnish or cause to be responsible for and shall pay promptly, directly furnished to the appropriate supplierPremises the utilities and services described in the Standards for Utilities and Services attached hereto as Exhibit "F", subject to the conditions and in ----------- accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's employees and/or agents which are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be provided by Landlord. Any such additional services will be provided to Tenant at Tenant's cost. Landlord will not be liable to Tenant for any failure to furnish any of the foregoing utilities and services if such failure is caused by all charges for wateror any of the following: (i) accident, gasbreakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of reasonable diligence to obtain electricity, sewerwater or fuel; or (v) any other cause beyond Landlord's reasonable control. In addition, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other in the event of any stoppage or interruption of services or 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 not be liable entitled to any abatement or reduction of rent (except as expressly provided in Subparagraphs 20(f) or 21(b), if such failure results from a damage or taking described therein, and except that in the case of interruption caused by the negligence or willful misconduct of Landlord which continues for damages ten (10) business days after written notice to Landlord of the interruption, rent shall xxxxx to the extent that, and for so long as, Tenant cannot use the Premises for the purposes permitted hereunder), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any covenant or otherwise for agreement in this Lease because of such failure. In the event of any failure failure, stoppage or interruption of any utility thereof, Landlord agrees to diligently attempt to resume service promptly. If Tenant requires or other service furnished utilizes more water or electrical 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 and/or Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and no such failure or interruption shall be deemed an eviction or entitle Tenant agrees thereafter to terminate this Lease or withhold or xxxxx any rent due hereunder. Notwithstanding the foregoing, if as a result pay all charges of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services utility providing service and Landlord provides substitute services reasonably suitable will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for Tenant’s purposesthe fact Tenant is directly paying such metered charges, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement provided Tenant will remain obligated to pay its proportionate share of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant Operating Expenses subject to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordsuch adjustment.

Utilities and Services. Tenant shall be responsible agrees to contract directly for and shall to pay promptly, directly to the appropriate supplier, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickupwaste/trash removal, janitorial service, interior landscape maintenance sewer and all other utilities, materials utilities and services furnished directly supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any taxes thereon. If any such services are not separately metered to Tenant, Tenant agrees to pay a reasonable proportion to be determined by Landlord of all charges jointly metered with other Premises. Landlord will not be liable to Tenant for any failure to furnish any of the foregoing utilities and services if such failure is caused by all or any of the following: (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or (v) any other cause beyond Landlord's reasonable control. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be liable for damages entitled to any abatement or otherwise for any reduction of rent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or interruption taking described therein), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any utility covenant or other service furnished agreement in this Lease because of such failure. Notwithstanding anything in this Lease to the Premisescontrary, 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. Notwithstanding the foregoingif, if as a result of the actions negligent acts or omissions of Landlord, Landlord or its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no elevator service to the Premises, or no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that any portion of the Premises cannot be and is not used by Tenant, in Tenant’s 's judgment reasonably exercised, then Tenant’s Basic Rent 's rent shall thereafter be abated until the Premises are again usable by Tenant in proportion to the extent to which Tenant's use of the Premises is interfered with; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rentrent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions This paragraph shall not apply in case of damage to, or destruction of, the PremisesBuilding, which shall be governed by the provisions a separate provision of Article XI of the this Lease. Notwithstanding the foregoing, Tenant may not xxxxx rent if Landlord shall, upon at least 24 hours prior notice disputes Tenant's right to xxxxx or the amount thereof until and only to the extent the arbitrator provides that Tenant may do so in accordance with and during normal business hours (except in cases pursuant to the terms of emergency), have free access to all electrical and mechanical installations of LandlordParagraph 43 hereof.

Utilities and Services. Provided Tenant is not in default of any term, condition or covenant of this Lease, Tenant agrees to furnish or cause to be furnished to the Leased Premises gas, water (for drinking, cleaning and lavatory purposes only), and electricity during the term of this Lease. Tenant shall furnish tempered and refrigerated water at those points of supply designated by Landlord in the Common Areas, heated and refrigerated air conditioning in season (at temperatures, in amounts and at times considered by Landlord to be responsible for standard or in compliance with any governmental regulations; such service after hours, on Saturday afternoons, Sundays and holidays will be furnished only upon the prior written request of Tenant who shall pay promptly, directly to bear the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, entire cost thereof). Tenant shall furnish janitorial service, interior landscape maintenance in the manner and all other utilities, materials and services furnished directly to Tenant or the Premises or used extent deemed standard by Tenant in, on or about the Premises Landlord during the Termperiods and hours as such services are normally furnished to all tenants. Tenant shall not hinder the work of the Building Maintenance personnel. Landlord shall furnish routine maintenance, together with any taxes thereonpainting and lighting service for all Common Areas in the manner and to the extent deemed by Landlord to be standard. Tenant will pay all telephone charges. Landlord shall not be liable for in damages or otherwise for any failure failure, stoppage or interruption of any utility or other such service furnished to nor shall the Premises, and no such failure or interruption shall same be deemed construed as an eviction or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 work an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction ofrelieve Tenant from the operation of any covenant or agreement set forth herein; but in the event of any failure, stoppage or interruption thereof not caused by Tenant or Tenant's agents, employees, contractors, clients or invites, Landlord shall use reasonable diligence to resume service promptly. Notwithstanding anything hereinabove to the Premisescontrary, which shall be governed by Landlord reserves the provisions of Article XI of right from time to time to make reasonable modifications to the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant above standards for services and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordutilities.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly (a) Landlord agrees to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly furnish to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermBusiness Hours, together subject to the conditions and in accordance with the standards set forth in this Lease, adequate quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes (hot and cold), heat and air conditioning required in the comfortable use and occupation of the Premises, and elevator service by non-attended automatic elevators. Tenant acknowledges and agrees that Landlord may impose a reasonable charge for the use of any taxes thereonadditional or unusual janitorial services required by Tenant’s carelessness or the nature of Tenant’s business. Landlord shall not be obligated to service, maintain, repair or replace any system or improvement in the Premises that has not been installed by Landlord at Landlord’s expense, or which is a specialized improvement requiring additional or extraordinary maintenance or repair (by way of example only, if the standard premises in the Building contain fluorescent light fixtures, Landlord’s obligation shall be limited to the replacement of fluorescent light tubes, irrespective of any incandescent fixtures that may have been installed in the Premises at Tenant’s expense). Landlord shall not be liable for damages for, and Tenant shall not be entitled to any abatement or otherwise 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 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. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenantcauses; provided, however, that if Landlord is diligently pursuing the repair of shall use its reasonable efforts to cause such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, to be restored as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rentsoon as possible. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by Tenant hereby waives the provisions of Article XI California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the interruption or failure of any services to be provided under this Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, 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 taxes thereon. 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 shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employeesemployees 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, Landlord there is no HVAC service or electricity services 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, in Tenant’s judgment reasonably exercised, then Tenant’s 's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable useable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic RentRent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon shall at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), all reasonable times have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall be responsible arrange for and shall pay promptly, directly to the appropriate supplier, cost of all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials utilities and services (including any connection charges and taxes thereon) furnished directly to Tenant or the Premises or used by Tenant, including electricity, water, oil, sewer, gas, telephone, communication services, trash collection, janitorial, cleaning, and window washing. If Landlord furnishes to the Premises any of the utilities and services set forth in the preceding sentence, Tenant shall reimburse Landlord for Landlord's actual and documented cost of furnishing such utilities and services. Except as otherwise provided below, Landlord may not be held liable for failure to furnish any utilities or services to the Premises when such failure results from causes beyond Landlord's reasonable control. If Landlord constructs new or additional utility facilities, including wiring, plumbing, conduits, or mains, resulting from Tenant's changed or increased utility requirements, Tenant shall promptly pay to Landlord the total actual and documented cost of such items. The discontinuance of any utilities or services, including Landlord's discontinuance or failure to provide any of the utilities or services furnished by Landlord to the Premises, shall neither be deemed an actual or constructive eviction, nor release Tenant from its obligations under this Lease including Tenant's obligation to pay rent. Notwithstanding anything above to the contrary, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, for three (3) consecutive business days (the "Eligibility Period") as a result of (i) Landlord's failure to provide to the Premises any of the essential utilities and services that may be provided by Landlord above, where such failure is due to the negligence or intentional misconduct of Landlord, (ii) any construction, repair, maintenance or alteration negligently performed by Landlord after the Commencement Date (including, but not limited to, Landlord's Work (if any)), but excluding work performed because of Tenant's failure to fulfill any of its obligations under this Lease (iii) the presence of Hazardous Materials in, on or about the Premises during which were caused by Landlord or existed on the TermPremises before the Commencement Date and which Hazardous Materials pose a material and significant health risk to occupants of the Premises as determined by applicable governmental authorities pursuant to applicable environmental laws by written notice delivered to Landlord and/or Tenant, together with any taxes thereon. Landlord shall not be liable for damages which notice specifically prohibits occupancy of the Premises (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. Notwithstanding the foregoing, if portions thereof) as a result of such Hazardous Materials, and/or (iv) any entry onto the actions Premises by Landlord pursuant to Article 20 below, then, in any such case, Tenant's obligation to pay Basic Monthly Rent and Operating Expenses shall be equitably abated or reduced, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the area of Landlordthe portion of the Premises that Tenant is prevented from using, its agentsand does not use, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services bears to the total area of the Premises, . To the extent Tenant shall be entitled to abatement of rent because of a damage or such an interruption of other essential utilities and building services, such as fire protection destruction pursuant to Article 17 or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exerciseda taking pursuant to Article 18, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 Eligibility Period shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordapplicable.

Utilities and Services. Tenant shall pay all charges against the Premises for water, sanitary sewer, gas, light, heat, electricity and any other utility services furnished to or consumed on the Premises directly to such providers thereof, and if any such services are provided by Landlord, they shall be so provided without any cost markup applicable thereto. The cost of any services shared with another property which are not separately billed to Tenant shall be reasonably proportioned between the properties services thereby in Landlord’s reasonable determination. Tenant shall be responsible for obtaining and shall pay promptlypaying all costs of janitorial services for the Property (including the restrooms on each floor of the Premises), directly to the appropriate suppliertrash removal, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial internet and telephone 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 not be have the right, without being liable to Tenant and without abatement or reduction of rent, to suspend, delay or stop any of the utilities or services provided by Landlord whenever necessary due for damages emergency, inspection, cleaning, repairs, replacements, alterations, improvements or otherwise for any failure or interruption renewals that are necessary in Landlord's judgment, and whenever necessary due to causes beyond Landlord's control, and shall provide Tenant with prior notice of any utility or other service furnished such interruptions to the Premisesextent reasonably possible. In any such event, and no such failure Landlord shall use reasonable diligence to complete repairs promptly so as to minimize any resulting interruptions in utilities or interruption shall be deemed services. If through an eviction act or entitle Tenant to terminate this Lease or withhold or xxxxx any rent due hereunder. Notwithstanding the foregoing, if as a result of the actions omission of Landlord, its employees, agents, contractors contractors, or employeesrepresentatives, for more than there is an interruption of utility services to the Premises which renders all or a portion of the Premises unusable, then rent payable under Section 5.1 shall xxxxx in same proportion as the unusable portion of the Premises bears to the entire Premises from that date which is three (3) consecutive business days following written after Tenant gives Landlord notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such 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 an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordinterruption until such interruption ceases.