Common use of Utilities and Services Clause in Contracts

Utilities and Services. Subtenant shall not, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Term.

Utilities and Services. Subtenant Landlord shall notuse all reasonable efforts to furnish (as part of Operating Expenses) heating, ventilation, air conditioning, janitorial service, electricity for normal lighting and office machines, cold water for reasonable and normal drinking, and lavatory use, replacement light bulbs and/or fluorescent tubes and ballasts for standard overhead fixtures and elevator service, if applicable, and if currently being provided to the Premises ("Landlord's Services"). Said services and utilities shall be provided on a 24-hour, 7-day a week basis, except for HVAC, janitorial and building maintenance services which shall be provided during building operating hours. Such utilities and services required at other times shall be subject to a reasonable charge. Such charge for HVAC services shall be as follows: $25 per hour for the first 500 hours of usage in each calendar year and $35 per hour of usage in excess of 500 hours in any calendar year and including a reasonable administrative charge for Landlord as determined by Landlord from time to time. Landlord shall not be liable for failure to furnish any of the utilities described in this paragraph 16.9, and Tenant shall have no right to abatement of rental hereunder or to termination of this Lease with Sublandlordrespect to any such interruption nor shall such failure constitute an eviction, nor shall Landlord be liable under any circumstances for loss of or injury to property, however occurring through or in connection with or incidental to the furnishing of any of the services enumerated above. Tenant agrees to exercise due care and prudence in the use of Landlord's prior written Services and will comply with all federal, state, and local guidelines concerning the same. No heating, cooling, refrigeration or cooking equipment or office machines or equipment requiring electric current in excess of 110 volts shall be used in the Premises without Landlord's consent, which consent shall not be unreasonably withheld or delayed, provided however that such consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in conditioned upon Tenant paying for direct expense as reasonably estimated by Landlord on account of the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance installation and use of such meters equipment. Nothing herein shall be deemed to waive Tenant's right to claim damages against Landlord for Landlord's failure to comply with Section 12.5 and monitoring devices. If Sublandlord elects the first sentence of this Section 16.9, nor in connection with the negligence or willful acts of Landlord or its employees, agents or contractors, or the right of Tenant to claim constructive eviction under Florida law in the case of any interruption which is not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlordbeyond Landlord's reasonable estimates control and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand where Tenant vacates the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease TermPremises.

Utilities and Services. Subtenant shall notProvided that no Event of Default has occurred and is continuing, except Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, subject to the conditions and in accordance with Sublandlord's prior written consentthe standards set forth in the Rules and Regulations, which consent as may be withheld amended in Sublandlordwriting by Landlord from time to time during the Term of this Lease and delivered to Tenant, reasonable quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required in Landlord's sole discretionjudgment for the comfortable use and occupation of the Premises, either: (i) use any apparatus or device Janitorial service, and to the extent provided in the Subleased Premises which will increase the amount of coolingBuilding only, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now existelevator service by non-attended automatic elevators. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the The cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgmentservices shall be included within the definition of Project Costs, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenantpaid by Tenant in the manner set forth in Section 7.1. Subtenant Landlord shall pay not be liable for, and Tenant shall not be entitled to Sublandlord promptly upon demand the cost any abatement or reduction of Rent by reason of Landlord's failure to furnish any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if when such failure or reduction is caused by the making of repairs accident, breakage, repairs, Unavoidable Delay or improvements for any other causes. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to the Premises or the Buildingpay, as Additional Rent, the installation cost, as reasonably determined by Landlord, incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and Tenant thereafter shall pay all charges of equipmentthe metered service. Tenant shall cooperate with any present or future government conservation requirements and with any conservation practices established by Landlord. If there is any failure, acts of God stoppage or the elements, labor disturbances interruption of any characterservices provided hereunder, or any other events or conditions whatsoever beyond the Landlord shall use reasonable control of Sublandlord, or rationing or restrictions on the use of said diligence to resume services and utilities due promptly. Landlord shall at all times have free access to energy shortages or other causes, whether or not any all mechanical installations of the above result from acts or omissions of Sublandlord. FurthermoreBuilding and Premises, Sublandlord shall be entitled including but not limited to cooperate voluntarily in a reasonable manner with the efforts of nationalair conditioning equipment and vents, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities fans, ventilating and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone machine rooms and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termelectrical closets.

Utilities and Services. Subtenant shall not(a) Landlord agrees to furnish to the Premises during the Business Hours (and during non-Business Hours, except subject to the terms of this Section 14), subject to the conditions and in accordance with Sublandlord's prior written consentthe standards set forth in this Lease, which consent may be withheld in Sublandlord's sole discretionadequate quantities of electric current for normal lighting and fractional horsepower office machines, either: water for lavatory and drinking purposes (i) use any apparatus or device hot and cold), heat and air conditioning required in the Subleased 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 additional or unusual janitorial services required by Tenant’s carelessness or the nature of Tenant’s business that is inconsistent with the Use permitted under this Lease. 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 will increase is a specialized improvement requiring additional or extraordinary maintenance or repair (by way of example only, if the amount of coolingstandard premises in the Building contain fluorescent light fixtures, ventilation, electricity or water supplied Landlord’s obligation shall be limited to the Subleased replacement of fluorescent light tubes, irrespective of any incandescent fixtures that may have been installed in the Premises beyond that usually supplied for general office use; or at Tenant’s expense). Landlord shall not be liable for, and (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents provided in Section 14(b) below) Tenant shall not be entitled to the use and/or connection any abatement or reduction of rent by reason of Landlord’s failure to furnish any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if when such failure or reduction is caused by the making of repairs accident, breakage, repairs, strikes, lockouts or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, other labor disturbances or labor disputes of any charactercharacter 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 events applicable existing or conditions whatsoever beyond future law, ordinance or governmental regulation permitting the reasonable control termination of Sublandlord, or rationing or restrictions on the use of said services and utilities this Lease due to energy shortages the interruption or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and any services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termunder this Lease.

Utilities and Services. Subtenant Tenant shall notarrange for all telephone, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to gas, electricity, janitorial services, and other power, utilities and services which it shall require in connection with its use or occupancy of the use and/or connection of any apparatus or device described in clauses (i) Premises and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required same, together with any taxes, penalties, surcharges or the like pertaining thereto. In addition, Landlord shall have no obligation to furnish any utilities or services to the Premises or any equipment providing for the installationsame. Without limitation, maintenance Tenant shall be solely responsible for providing such heating, ventilation and use air conditioning ("HVAC") to the Premises as Tenant shall require for the comfortable occupancy thereof. Any equipment or systems which Tenant shall require in order to supply HVAC shall be subject to the provisions of such meters Section 9 above. Tenant shall obtain, at its expense all electric light bulbs, ballasts and monitoring devicestubes as it shall require for the Premises. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing utilities or services are not separately metered to Tenant, Tenant shall pay a reasonable proportion, as determined by Landlord, of all charges jointly serving the Premises and administering sameother premises. Sublandlord Landlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, resulting from nor shall the rent Base Rent, Operating Expenses or any other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason ofof (a) the installation, use or interruption of use of any failure to provide or any reduction equipment used in connection with the furnishing of any of the above foregoing utilities and services, (b) failure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or utilities if such failure (c) the limitation, curtailment, rationing or reduction is caused by the making restriction on use of repairs water, electricity, gas or improvements to any other form of energy or any other service or utility whatsoever serving the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of SublandlordReal Property. Furthermore, Sublandlord Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental bodies government agencies or utilities utility suppliers in reducing energy or other resources resource consumption. The failure obligation to make services available hereunder shall be subject to the limitations of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlordany such voluntary, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termreasonable program.

Utilities and Services. Subtenant Tenant shall notbe responsible for and shall pay promptly, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied directly to the Subleased Premises beyond that usually supplied appropriate supplier, all charges for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) abovegas, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installationelectricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and use of such meters all other utilities, materials and monitoring devices. If Sublandlord elects not services furnished directly to install a special meter Tenant or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided used by Sublandlord, which may be furnished to or used Tenant in, on or about the Subleased Premises during the Sublease 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. Tenant, at its sole cost, may select and retain a janitorial service company to clean the Premises at such times and in a manner consistent with the operation of a first class office building. 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 ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's 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. 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 authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that 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 governed by the provisions of Article XI of the Lease.

Utilities and Services. Subtenant shall not, except with Sublandlord's prior written consent, which consent may Landlord agrees to furnish or cause to be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements furnished to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services described in the Standards for Utilities and Services, attached hereto as Exhibit "D", subject to the conditions and in accordance with the standards set forth therein. Landlord's failure to furnish any of the foregoing items when such failure is 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 exercise of reasonable diligence to obtain electricity, water or fuel; or by (v) any other cause beyond Landlords reasonable control, shall not result in any liability to Landlord. In addition, subject to the provisions, of Paragraph 64, Tenant shall not be entitled to any abatement or reduction of rent by reason of such failure, 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. In the event of any failure, stoppage or interruption thereof, Landlord shall diligently attempt to resume service promptly. If Tenant requires or utilizes more water than reasonably required for normal drinking and lavatory purposes, as specified in this Section shall not constitute a constructive Paragraph 4 of Exhibit "D", or other eviction utilizes more electricity than the standard electrical consumption specified in Paragraph 3 of SubtenantExhibit "D", Landlord may at its option require Tenant to pay, as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage. Subtenant In addition, if Tenant utilizes excess water or electricity as described above, and continues such excess use after written notice thereof by Landlord, then upon an additional prior written notice to Tenant Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and Tenant thereafter shall pay prior all charges of the utility providing service and Landlord shall make an appropriate adjustment to delinquency Tenant's Operating Expenses calculation to account for all telephone and all other materials and services not expressly required the fact Tenant is directly paying such metered charges, provided Tenant shall remain obligated to be provided by Sublandlord, which may be furnished pay its proportionate share of Operating Expenses subject to or used in, on or about the Subleased Premises during the Sublease Termsuch adjustment.

Utilities and Services. Subtenant shall not, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device Except as otherwise provided in the Subleased Premises which Addendum to this Sublease, Sublessor, at Sublessor’s expense, will increase the amount provide ordinary and customary amounts and quantities of coolingwater, ventilationand janitorial services (5 days per week), electricity or water supplied sewer, gas, trash collection, and interior window washing to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose Premises. If Subtenant’s use of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use sewer and/or connection of any apparatus or device described in clauses (i) other utilities exceeds ordinary and (ii) abovecustomary usage levels, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and then Subtenant shall pay Sublessor the actual reasonable cost of such excess (determined in Sublessor’s reasonable discretion). Except for Sublessor’s obligations set forth above, Subtenant shall make all arrangements for and pay the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements furnished to the Premises or used by Subtenant. Sublessor shall not be liable for failure to furnish any utilities or services to the BuildingPremises when such failure results from causes beyond Sublessor’s reasonable control, and such failure shall neither be deemed and actual or constructive eviction, nor release Subtenant from its obligations under this Sublease, including without limitation, Subtenant’s obligation to pay Rental. If Sublessor constructs new or additional utility facilities, including without limitation wiring, plumbing, conduits, and/or mains, resulting solely from Subtenant’s changed or increased utility requirements, Subtenant shall on demand promptly pay to Sublessor the installation total cost of equipmentsuch items. If any governmental authority having jurisdiction over the Project imposes mandatory controls, acts or suggests voluntary guidelines applicable to the Project, relating to the use or conservation of God water, gas, electricity, power, or the elementsreduction of automobile emissions, labor disturbances of any characterSublessor, at its reasonable discretion, may comply with such mandatory controls or any other events or conditions whatsoever beyond the reasonable control of Sublandlordvoluntary guidelines and, or rationing or restrictions on the use of said services and utilities due accordingly, require Subtenant to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlordso comply. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section Sublessor shall not constitute be liable for damages to persons or property for any mandatory reduction, nor shall such mandatory reduction in any way be construed as a constructive or other partial eviction of Subtenant. ; cause an abatement of rent, or operate to release Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termfrom any of Subtenant’s obligations under this Sublease.

Utilities and Services. Subtenant shall notProvided that no Event of Default has occurred and is continuing, except Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, subject to the conditions and in accordance with Sublandlord's prior written consentthe standards set forth in the Rules and Regulations, which consent as may be withheld amended in Sublandlordwriting by Landlord from time to time during the Term of this Lease and delivered to Tenant, reasonable quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required in Landlord's sole discretionjudgment for the comfortable use and occupation of the Premises, either: (i) use any apparatus or device janitorial service, and to the extent provided in the Subleased Premises which will increase the amount of coolingBuilding only, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now existelevator service by non-attended automatic elevators. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the The cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgmentservices shall be included within the definition of Project Expenses, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenantpaid by Tenant in the manner set forth in Section 7.1. Subtenant Landlord shall pay not be liable for, and Tenant shall not be entitled to Sublandlord promptly upon demand the cost any abatement or reduction of Rent by reason of Landlord's failure to furnish any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if when such failure or reduction is caused by the making of repairs accident, breakage, repairs, Unavoidable Delay or improvements for any other causes. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to the Premises or the Buildingpay, as Additional Rent, the installation cost, as reasonably determined by Landlord, incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and Tenant thereafter shall pay all charges of equipmentthe metered service. Tenant shall cooperate with any present or future government conservation requirements and with any conservation practices established by Landlord. If there is any failure, acts of God stoppage or the elements, labor disturbances interruption of any characterservices provided hereunder, or any other events or conditions whatsoever beyond the Landlord shall use reasonable control of Sublandlord, or rationing or restrictions on the use of said diligence to resume services and utilities due promptly. Landlord shall at all times have free access to energy shortages or other causes, whether or not any all mechanical installations of the above result from acts or omissions of Sublandlord. FurthermoreBuilding and Premises, Sublandlord shall be entitled including but not limited to cooperate voluntarily in a reasonable manner with the efforts of nationalair conditioning equipment and vents, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities fans, ventilating and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone machine rooms and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termelectrical closets.

Utilities and Services. Subtenant Tenant shall notarrange for all telephone, except with Sublandlord's prior written consentwater, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilationgas, electricity and other power and utilities which it shall require in connection with its use or water supplied to occupancy of the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required same, together with any taxes, penalties, surcharges or the like pertaining thereto. In addition, Landlord shall have no obligation to furnish any utilities or services to the Premises or any equipment providing for the installationsame. Without limitation, maintenance Tenant shall be solely responsible for providing such heating, ventilation and use air conditioning (“HVAC”) to the Premises as Tenant shall require for the comfortable occupancy thereof. Any equipment or systems which Tenant shall require in order to supply HVAC shall be subject to the provisions of such meters Section 9 above. Tenant shall obtain, at its expense all electric light bulbs, ballasts and monitoring devicestubes as it shall require for the Premises. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing utilities or services are not separately metered to Tenant, Tenant shall pay a reasonable proportion, as determined by Landlord, of all charges jointly serving the Premises and administering sameother premises. Sublandlord Landlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, resulting from nor shall the rent Base Rent, Operating Expenses or any other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason ofof (a) the installation, use or interruption of use of any failure to provide or any reduction equipment used in connection with the furnishing of any of the above foregoing utilities and services, (b) failure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or utilities if such failure (c) the limitation, curtailment, rationing or reduction is caused by the making restriction on use of repairs water, electricity, gas or improvements to any other form of energy or any other service or utility whatsoever serving the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of SublandlordReal Property. Furthermore, Sublandlord Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental bodies government agencies or utilities utility suppliers in reducing energy or other resources resource consumption. The failure obligation to make services available hereunder shall be subject to the limitations of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlordany such voluntary, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termreasonable program.

Utilities and Services. Subtenant Sublessor agrees to furnish to the Premises at all times during the Term, 2000 amps, 460 volts, 3 phase electrical current, water for lavatory and drinking purposes, chilled water for the purposes of air conditioning and to the extent provided in the Building only, elevator service by non-attended automatic elevators. Sublessee shall notprovide its own janitorial service for the Premises. In the event Sublessee fails to provide janitorial service or service of a frequency or quality equal to or greater than that provided by Sublessor for other tenants in the Building, except with SublandlordSublessor may, but is not obligated to, after thirty (30) days Notice of such failure, provide same at Sublessee's prior written consentexpense and the cost of same shall be Additional Rent. The cost of all such utilities and services, which consent to the extent provided, shall be included within the definition of Building Costs, and shall be paid by Sublessee in the manner set forth in Section 7.1. Sublessor shall not be liable for, and Sublessee shall not be entitled to any abatement or reduction of Rent by reason of Sublessor's failure to furnish any of the foregoing when such failure is caused by Unavoidable Delay. If Sublessee requires or utilizes more water than set forth above, Sublessor may be withheld in Sublandlordat its option require Sublessee to pay, as Additional Rent, the cost, as reasonably determined by Sublessor, incurred by such extraordinary usage. In addition, Sublessee shall install separate electric meter(s) for the Premises, at Sublessee's sole discretionexpense, either: (iand Sublessee thereafter shall pay all charges of the metered service. Sublessee shall comply with any present or future government conservation requirements required under Applicable Law related to such utilities and services. If there is any failure, stoppage or interruption of any services provided hereunder, Sublessor shall use all commercially reasonable efforts and reasonable diligence to resume services promptly. Sublessor shall at all times have free access to all mechanical installations of the Building and Premises, including but not limited to HVAC equipment, machine rooms and electrical closets, subject to reasonable requirements of Sublessee to protect the Premises and Sublessee's Property. Sublessee shall have the exclusive right to use one of the two existing generators and the non-exclusive right to use the fuel tanks, fuel and appurtenances thereto reasonably necessary for the operation thereof and for Sublessee's additional generator permitted under this Sublease at all times throughout the Term. Sublessee shall install meters or other devices to determine the fuel consumed by Sublessee's generator(s) and Sublessee shall reimburse Sublessor for fuel consumed by Sublessor. The other generator shall be reserved for the use any apparatus or device of Sublessor and other tenants. Sublessor shall at all times remain the owner of both generators. Sublessee shall operate and maintain its generator at its sole cost and expense. Sublessor shall maintain, in accordance with Applicable Laws, the fuel tank and fuel and such appurtenances, including, without limitation, maintaining at all times fuel in the Subleased Premises which will increase fuel tank in the amount of cooling, ventilation, electricity or water supplied at least 90% of the maximum amount permitted by Applicable Laws. Sublessor shall monitor fuel quality relative to manufacturer's specifications and provide periodic reports to Sublessee. Sublessee shall have the right to replace its generator from time to time at its expense. Notwithstanding anything to the Subleased Premises beyond that usually supplied contrary herein, upon the expiration or termination of this Sublease, Sublessor (or Lessor as the case may be) shall have ownership of both generators, including any new generator if Sublessee's generator is replaced. Sublessor shall make available at all times throughout the Term to Sublessee the available space in the generator room for general office use; Sublessee's addition of a third generator of similar size and configuration as the generators located therein or (ii) connect with electric current or water pipes any device or apparatus larger, if space permits. Any such additional third generator shall be for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and exclusive use of such meters Sublessee and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand part of Sublessee's Special Systems and Sublessee's Property, removable by Sublessee at any time during or at the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account end of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Term.

Utilities and Services. Subtenant shall notProvided that Tenant is not in default hereunder, except Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, subject to the conditions and in accordance with Sublandlord's prior written consentthe standards set forth in the Rules and Regulations as defined in Paragraph 28 hereof, which consent as may be withheld amended in Sublandlord's sole discretionwriting by Landlord from time to time during the Term of this Lease and delivered to Tenant, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount reasonable quantities of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or for normal lighting and fractional horsepower office machines, hot and cold water pipes any device or apparatus for lavatory and drinking purposes, heat and air conditioning for the purpose comfortable use and occupation of using electrical current or waterthe Premises, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgmentjanitorial service, and such determinationelevator service by non-attended automatic elevators provided that Landlord is not negligent. Landlord shall not be liable for, made in good faith and Xxxxxx shall not be entitled to any abatement or reduction of rent by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay reason of Landlord’s failure to Sublandlord promptly upon demand the cost of furnish any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if when such failure or reduction is caused by the making of repairs accident, breakage, repairs, strikes, lockouts or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, other labor disturbances or labor disputes of any character, or for any other events causes consistent with other institutional first class office buildings in the Sacramento Area. If Tenant requires or conditions whatsoever beyond utilizes more water or electrical power than is considered reasonable or normal by Landlord. Landlord may at its option require Tenant to pay, an additional rent, the reasonable control of Sublandlordcost as fairly determined by Landlord, or rationing or restrictions on incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the use of said services Premises, at Landlord’s sole expense, and utilities due to energy shortages or other causes, whether or not any Tenant thereafter shall pay all charges of the above result from acts utility providing service. Tenant shall cooperate with any present or omissions future government, and with any conservation practices established by Landlord. If there is any failure, stoppage or interruption thereof, Landlord shall use reasonable diligence to resume services promptly. Landlord shall at all reasonable times have free access to all mechanical installations of Sublandlordthe Building, including but not limited to air conditioning equipment and vents, fans, ventilat and machine rooms and electrical closets. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Term.See Addendum

Utilities and Services. Subtenant 7.01 Services Landlord shall notprovide the normal utility service connection into the Premises and Tenant, except at its sole expense, shall arrange with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not appropriate utility company to install a special meter or monitoring device, Sublandlord shall determine all necessary connections and without fail to maintain in continuous operation during the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account entire term of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising fromLease, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if all such failure or reduction is caused by the making of repairs or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causesutility service, whether or not any Tenant is in actual possession of the above result from acts or omissions of SublandlordPremises. FurthermoreElectricity to the Premises shall not be furnished by Landlord, Sublandlord but shall be entitled furnished by the approved electric utility company serving the Building. Landlord shall permit Tenant to cooperate voluntarily in a reasonable manner with receive such service directly from such utility company at Tenant's cost and shall permit Landlord's wire and conduits, to the efforts of nationalextent available, state or local governmental bodies or utilities suppliers in reducing energy or suitable and safely capable, to be used for such purposes. Tenant shall pay for all water, gas, heat, light, power, sweeping and other resources consumption. The failure of Sublandlord to provide the janitorial services, rubbish and trash disposal, sewer and any other utilities and services specified supplied in, about or related to the Premises, together with any taxes thereon, connection charges and deposits. If any such utilities and services are not separately metered to Tenant, Tenant shall pay a reasonable portion to be determined by Landlord of all charges jointly metered with other premises. Landlord reserves the right during the Term of this Lease to grant easements or public utility purposes on, over, or below the Premises without any abatement in this Section rent, provided that said easements do not unreasonably interfere with the normal operation of the business conducted by Tenant in the Premises. Landlord shall not constitute a constructive be required to pay for any service, supplies or other eviction of Subtenantupkeep in connection with the Premises. Subtenant Tenant shall arrange for and pay prior to delinquency for all telephone service and all equipment, including any additions or alterations to the existing telephone service boards and conduit, which shall be completed without interference to the service and/or equipment of other materials tenants in the Building and services not expressly which shall be appropriately labeled upon the termination of this Lease. Any amounts which Tenant is required to pay to Landlord pursuant to this Section 7.01 shall be provided payable upon demand by Sublandlord, which may be furnished to Landlord and shall constitute additional rent or used in, on or about the Subleased Premises during the Sublease TermRent under this Lease.

Utilities and Services. Subtenant Lessee shall notpay for all commercially reasonable amounts of water, except with Sublandlord's prior written consentgas, which consent may be withheld in Sublandlord's sole discretionheat, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of coolinglight, ventilation, electricity or water power supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect Premises, together with electric current or water pipes any device or apparatus for taxes thereon. Notwithstanding the purpose provisions of using electrical current or waterSection 4, except as such connections now exist. If Sublandlord consents to the use and/or connection of if at any apparatus or device described time in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best Lessor’s sole judgment, and Lessor determines that Lessee is generating such determination, made a large volume of trash as to require an increase in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account size of the foregoing and administering sametrash receptacle and/or an increase in the number of times per month that it is emptied, then Lessor may increase Lessee’s Base Rent by an amount equal to such increased costs. Sublandlord Lessor shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any respect whatsoever (other than providing the equitable abatement of rent) for the inadequacy, stoppage, interruption or discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repair or other cause beyond Lessor’s reasonable control or in cooperation with governmental request or directions. Notwithstanding anything to the contrary contained in this Lease, in the event of any interruption in any utility service due to the negligence or willful misconduct of Lessor, its agents, employees or contractors, which interruption renders the Premises wholly or partially unusable for the reasonable operation of Lessee’s business therein for a period of forty-eight (48) consecutive hours, Rent shall thereafter equitably xxxxx during such period in proportion to the degree to which Lessee’s use of the above services or Premises is impaired. Lessee, at its sole option and discretion and at Lessee’s sole cost and expense, shall have the right to install separate check meters to measure utilities actually consumed at the Premises, and if Lessee does so, from and after the date of such failure or reduction is caused by the making of repairs or improvements to the Premises or the Buildinginstallation, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord Lessee’s utility charges shall be entitled to cooperate voluntarily in a reasonable manner with the efforts based upon actual consumption of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided as measured by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease TermLessee’s check meter(s).

Utilities and Services. Subtenant Tenant shall notbe responsible for determining if the local supplier of water, except with Sublandlord's prior written consentgas and electricity can supply the needs of Tenant and whether or not the existing water, which consent may be withheld in Sublandlord's sole discretiongas and electrical distribution systems within the Building and the Premises are adequate for Tenant’s needs. Tenant shall pay all charges for water, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of coolinggas, ventilationelectricity, electricity or water and storm and sanitary sewer services as so supplied to the Subleased Premises beyond that usually supplied for general office use; Premises, irrespective of whether or (ii) connect with electric current not the services are maintained in Landlord’s or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now existTenant’s name. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Landlord shall not be in default under this Sublease hereunder or be liable for any damages directly or indirectly arising resulting from, nor shall the rent be abated by reason of, any of failure to provide or any reduction in furnish any of the above services foregoing items as a result of (a) accident, breakage or repairs; (b) strikes, lockouts or other labor disturbance or labor dispute of any character; (c) governmental regulation, moratorium or other governmental action; (d) inability, despite the exercise of reasonable diligence, to obtain any of the foregoing utilities if or services; (e) interruption necessary to install or repair facilities in the Building, or (f) any other causes beyond Landlord’s reasonable control. In the event of any failure, stoppage or interruption of such failure utilities or reduction is caused services, Landlord shall diligently attempt to promptly resume the utilities or service in question. Tenant shall provide trash bins (or other adequate garbage disposal facilities) within the trash enclosure areas provided or permitted by the making of repairs or improvements to Landlord outside the Premises or sufficient for the interim disposal of all of its trash, garbage and waste. All such trash, garbage and waste temporarily stored in such areas shall be stored in such a manner so that it is not visible from outside of such areas, and Tenant shall cause such trash, garbage and waste to be regularly removed from the Property at Tenant’s sole cost. Tenant shall at all times keep the Premises, the Building, the installation Common Area and the Property in a clean, safe and neat condition free and clear of all trash, garbage, waste and/or boxes, pallets and containers containing same at all times. Tenant shall contract directly with a janitorial service for the cleaning of the Premises. Tenant shall, at all times during the Lease Term and at its sole cost and expense, regularly clean and continuously keep and maintain in good order, condition and repair all heating ventilating and air conditioning equipment. Tenant, acts of God or if requested to do so by Landlord, shall hire, at Tenant’s sole cost and expense, a licensed heating, ventilating and air conditioning contractor to regularly and periodically (not less frequently than every three months) inspect and perform required maintenance on the elementsheating, labor disturbances of any characterventilating and air conditioning equipment and systems serving the Leased Premises, or any other events or conditions whatsoever beyond alternatively, Landlord may, at its election, contract in its own name for such regular and periodic inspections of and maintenance on such heating, ventilating and air conditioning equipment and systems and charge to Tenant, as additional Rent, the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termcost thereof.

Utilities and Services. Subtenant shall notThroughout the Term of the Lease so long as the Premises are occupied, except Landlord agrees to furnish or cause to be furnished to the Premises 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 Sublandlordthe standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's prior written consent, employees and/or agents which consent are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be withheld in Sublandlordprovided by Landlord. Any such additional services will be provided to Tenant at Tenant's sole discretioncost. Except to the extent of the gross negligence or willful misconduct of Landlord or its agents or contractors, eitherLandlord 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) use accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any apparatus character; (iii) governmental regulation, moratorium or device in other governmental action or inaction; (iv) inability despite the Subleased Premises which will increase the amount exercise of coolingreasonable diligence to obtain electricity, ventilation, electricity water or water supplied to the Subleased Premises beyond that usually supplied for general office usefuel; or (iiv) connect with electric current or water pipes any device or apparatus for other cause beyond Landlord's reasonable control. In addition, in the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection event of any apparatus stoppage or device described in clauses (i) and (ii) aboveinterruption of services or utilities, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in default under this Sublease Subparagraphs 20(f) or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities 21(b) if such failure results from a damage or reduction is caused taking described therein), no eviction of Tenant will result from such failure and Tenant will 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 agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water or electrical power than set forth in EXHIBIT "F" as reasonably determined by the making of repairs or improvements Landlord, Landlord may at its option require Tenant to the Premises or the Buildingpay, as additional rent, the installation of equipmentcost, acts of God or as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the elementsPremises, labor disturbances of any characterat Tenant's sole expense, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due Tenant agrees thereafter to energy shortages or other causes, whether or not any pay all charges of the above result from acts or omissions utility providing service and Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Sublandlord. Furthermore, Sublandlord shall be entitled Operating Expenses subject to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termsuch adjustment.

Utilities and Services. Subtenant shall not(a) Provision of Utilities to the Premises: Throughout the Term of the Lease so long as the Premises are occupied, except with Sublandlord's prior written consentLessor agrees to furnish or cause to be furnished to the Premises the utilities and services described in this Paragraph 17 below. Lessor will not be liable to Lessee for any failure to furnish any of the foregoing utilities and services if such failure, which consent may be withheld in Sublandlord's sole discretion, eitheris caused by all or any of the following: (i) use accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any apparatus character; (iii) governmental regulation, moratorium or device 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 Lessor’s reasonable control. In addition, in the Subleased Premises which event of any stoppage or interruption of services or utilities, Lessee shall not be 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, or except if Lessor has rental insurance that covers such stoppage or interruption), no eviction of Lessee will increase result from such failure and Lessee will not be relieved from the amount performance of coolingany covenant or agreement in this Lease because of such failure. In the event of any failure, ventilationstoppage or interruption thereof, electricity Lessor agrees to diligently attempt to resume service promptly. If Lessee requires or utilizes more water supplied to the Subleased Premises beyond that usually supplied or electrical power than is normal in northern San Mateo County for general office use; or (ii, Lessor may at its option require Lessee to pay, as additional rent, the cost, as fairly determined by Lessor, incurred by such extraordinary usage. If Lessor and Lessor so agree, Lessor may install separate meter(s) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or waterPremises, except as such connections now exist. If Sublandlord consents at Lessee’s expense, and Lessee agrees thereafter to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work such utility service to the Premises, and materials required Lessor will make an appropriate adjustment to Lessee’s Operating Expenses calculation to account for the installationfact Lessee is directly paying such metered charges, maintenance and use provided Lessee will remain obligated to pay its proportionate share of Operating Expense subject to such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termadjustment.

Utilities and Services. Subtenant Landlord shall not(a) furnish heat and ---------------------- air-conditioning to the Premises, except with Sublandlordas provided in the Rules and Regulations; (b) furnish water for the intended use of occupants of the Building; (c) provide janitor service for the Premises and elevator service for the Building to the extent provided in the Rules and Regulations; and (d) provide cleaning service for the interior and exterior of Tenant's prior written consentwindows of a scope and frequency determined by Landlord. Replacement of lamps, bulbs, tubes, starters and ballasts in the Premises shall be provided by Landlord and the cost thereof included in Operating Expenses. Landlord shall have the exclusive right to attend to such replacement, and its charges therefor shall be reasonable. Landlord may adopt a system of relamping and reballasting periodically on a group basis. If Landlord elects to make available to tenants in the Building other services or supplies including but not limited to those services set forth in Paragraph 26 of the Rules and Regulations, which consent may be withheld shall benefit all tenants or which Landlord could not provide efficiently if certain tenants refused to obtain it (such as piped-in Sublandlord's sole discretionmusic), either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of coolingarranges a master contract therefor, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant Tenant shall pay for its proportionate share of the cost of all work and materials required for the installation, maintenance and use expense. It Tenant wishes to obtain any of such meters services outside the normal business days and monitoring devices. If Sublandlord elects not to install a hours for such services, the, if the service desired is available, special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgmentarrangements must be made with Landlord, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant Tenant shall pay Landlord's then standard charge for any such additional services so furnished. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of interruption of Landlord's failure to Sublandlord promptly upon demand the cost of furnish any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if when such failure or reduction is caused by the making of repairs accident, breakage, repairs, strikes, lockouts or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, other labor disturbances disputes of any character, or by any other events similar or conditions whatsoever dissimilar cause beyond the reasonable control of SublandlordLandlord. Landlord shall not be liable under any circumstances for loss of, or rationing injury to, property or restrictions on person, however occurring through or in connection with or incidental to the use furnishing of, interruption of said services and utilities due or a failure to energy shortages or other causes, whether or not furnish any of the above result from foregoing, including documents, files or other property damaged, destroyed or lost through acts or omissions of Sublandlordthe personnel performing janitorial or cleaning services. FurthermoreAny services, Sublandlord other than those agreed herein to be provided by Landlord, which are consumed on the Premises, shall be paid for by Tenant. Tenant shall have access to the Premises Seven (7) days per week, Twenty-Four (24) hours per day. Anything in this Lease to the contrary notwithstanding, if the stoppage of services which Landlord is obligated to provide for Tenant causes any portion of the Premises to become unusable by Tenant for more than Five (5) consecutive business days, then and in that event Tenant shall be entitled to cooperate voluntarily in a reasonable manner pro rata abatement of rent as to such unusable portion of the Premises commencing with the efforts of nationalsixth (6/th/) day that the same are unusable, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section provided, however, that Tenant shall not constitute be entitled to any abatement of rent due to unusability (a) caused by any act or omission of Tenant or any of Tenant's servants, employees, agents, visitors, or licensees or (b) where Tenant requests Landlord to make a constructive decoration, alteration, improvement, or other eviction addition or (c) where the repair in question or the services in question are those which Tenant is obligated to make or furnish under any of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termprovisions of this Lease.

Utilities and Services. Subtenant shall notThroughout the Term of the Lease so long as the Premises are occupied, except Landlord agrees to furnish or cause to be furnished to the Premises 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 Sublandlordthe standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's prior written consent, employees and/or agents which consent are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be withheld in Sublandlordprovided by Landlord, Any such additional services will be provided to Tenant at Tenant's sole discretion, eithercost. 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) use accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any apparatus character; (iii) governmental regulation, moratorium or device in other governmental action or inaction; (iv) inability despite the Subleased Premises which will increase the amount exercise of coolingreasonable diligence to obtain electricity, ventilation, electricity water or water supplied to the Subleased Premises beyond that usually supplied for general office usefuel; or (iiv) connect with electric current or water pipes any device or apparatus for other cause beyond Landlord's reasonable control, in addition, in the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection event of any apparatus stoppage or device described in clauses (i) and (ii) aboveinterruption of services or utilities, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in default under this Sublease Subparagraphs 20(f) or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities 21(b) if such failure results from a damage or reduction taking described therein), no eviction of Tenant will result from such failure and Tenant will 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 agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water or electrical power than is caused considered reasonable or normal by the making of repairs or improvements Landlord, Landlord may at its option require Tenant to the Premises or the Buildingpay, as additional rent, the installation of equipmentcost, acts of God or as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the elementsPremises, labor disturbances of any characterat Tenant's sole expense, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due Tenant agrees thereafter to energy shortages or other causes, whether or not any pay all charges of the above result from acts or omissions utility providing service and Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Sublandlord. Furthermore, Sublandlord shall be entitled Operating Expenses subject to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termsuch adjustment.

Utilities and Services. Subtenant Tenant shall notarrange for all telephone, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to gas, electricity, janitorial services, and other power, utilities and services which it shall require in connection with its use or occupancy of the use and/or connection of any apparatus or device described in clauses (i) Premises and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required same, together with any taxes, penalties, surcharges or the like pertaining thereto. [In addition, Landlord shall have no obligation to furnish any utilities or services to the Premises or any equipment providing for the installationsame. Without limitation, maintenance Tenant shall be solely responsible for providing such heating, ventilation and use air conditioning (“HVAC”) to the Premises as Tenant shall require for the comfortable occupancy thereof. Any equipment or systems which Tenant shall require in order to supply HVAC shall be subject to the provisions of such meters Section 9 above.] Tenant shall obtain, at its expense all electric light bulbs, ballasts and monitoring devicestubes as it shall require for the Premises. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing utilities or services are not separately metered to Tenant, Tenant shall pay a reasonable proportion, as determined by Landlord, of all charges jointly serving the Premises and administering sameother premises. Sublandlord [Landlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, resulting from nor shall the rent Base Rent, Operating Expenses or any other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason ofof (a) the installation, use or interruption of use of any failure to provide or any reduction equipment used in connection with the furnishing of any of the above foregoing utilities and services, (b) failure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or utilities if such failure (c) the limitation, curtailment, rationing or reduction is caused by the making restriction on use of repairs water, electricity, gas or improvements to any other form of energy or any other service or utility whatsoever serving the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of SublandlordReal Property. Furthermore, Sublandlord Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental bodies government agencies or utilities utility suppliers in reducing energy or other resources resource consumption. .] The failure obligation to make services available hereunder shall be subject to the limitations of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlordany such voluntary, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termreasonable program.

Utilities and Services. Subtenant shall notThroughout the Term of the Lease so long as the Premises are occupied, except Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services attached hereto as Exhibit “G”, subject to the conditions and in accordance with Sublandlord's prior written consent, 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 consent are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be withheld in Sublandlord's sole discretion, eitherprovided 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 or any of the following: (i) use accident, breakage or repairs unless caused by the negligence or willful misconduct of Landlord or the Landlord Parties; (ii) strikes, lockouts or other labor disturbance or labor dispute of any apparatus character; (iii) governmental regulation, moratorium or device in other governmental action or inaction; (iv) inability despite the Subleased Premises which will increase the amount exercise of coolingreasonable diligence to obtain electricity, ventilationwater or fuel; (v) service interruptions or any other unavailability of utilities resulting from causes beyond Landlord’s control, electricity including, without limitation, any utility service provider initiated “xxxxx-out” or water supplied to the Subleased Premises beyond that usually supplied for general office use“black-out”; or (iivi) connect with electric current any other cause beyond Landlord’s reasonable control. In the event of any failure, stoppage or water pipes any device or apparatus for the purpose of using electrical current or waterinterruption thereof, except as such connections now existLandlord agrees to diligently attempt to resume service promptly. If Sublandlord consents to the use and/or connection of any apparatus Tenant requires or device described in clauses (i) and (ii) above, Sublandlord may install meters utilizes more water or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction electrical power than is caused by the making of repairs or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by SublandlordLandlord as indicated on Exhibit G”, Landlord may at its option require Tenant to pay, as additional rent, the additional cost incurred by such extraordinary usage. Landlord, as part of the operating expenses of the Building, shall furnish Heating Ventilation and Air Conditioning (“HVAC”) Monday through Friday from 7:00 a.m. to 6:00 p.m. and on Saturday from 8:00 a.m. to 12:00 p.m (but exclusive, in any event, of New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day). The Landlord’s charge to Tenant for after hours HVAC and after hours electrical consumption (in excess of standard dormant use) shall be Landlord’s actual costs, which may shall include direct and indirect utility costs. There shall be furnished to or used inno start-up charge, on or about no minimum usage requirement (other than the Subleased Premises during first one hour) and, if other Building tenants are using the Sublease TermHVAC systems, Tenant’s direct cost shall be pro-rated.

Utilities and Services. Subtenant As used in this Lease, “Premises Utilities Costs” shall notmean all actual charges for utilities for the Premises of any kind, except with Sublandlord's prior written consentincluding but not limited to water, which consent may be withheld in Sublandlord's sole discretionsewer and electricity, either: (i) use any apparatus or device in telecommunications and cable service, and the Subleased costs of heating, ventilating and air conditioning and other utilities as well as related fees, assessments and surcharges. Tenant shall contract directly for all utilities services for the Premises which will increase the amount of cooling, ventilation, electricity or water supplied and shall pay all Premises Utilities Costs directly to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as various utility service providers providing such connections now exist. If Sublandlord consents utility services to the use and/or connection Premises. Should Landlord elect to supply any or all of any apparatus or device described in clauses (i) such utilities, Tenant agrees to purchase and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost same as Additional Rent. Tenant shall reimburse Landlord within ten (10) days of all work and materials required receipt of billing invoices from Landlord for fixture charges and/or water tariffs, if applicable, which are charged to Landlord by local utility companies. Landlord will notify Tenant of this charge as soon as it becomes known. This charge will increase or decrease with current charges being levied against Landlord, the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter Premises or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged Building by the local public utility company or other supplier furnishing samecompany, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering samewill be due as Additional Rent. Sublandlord In no event shall not Landlord be in default under this Sublease or liable for any damages directly interruption or indirectly arising from, nor failure in the supply of any such utility or other services to Tenant unless resulting from Landlord’s negligence. In no event shall the rent any Rent owed Landlord under this Lease be abated by reason of, any of the failure to provide furnish, delay in furnishing, unavailability or diminution in quality or quantity of any reduction in any of the above such utility or other services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances interference with Tenant’s business operations as a result of any character, such occurrence; nor shall any such occurrence constitute an actual or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided Tenant or a breach of an implied warranty by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease TermLandlord.

Utilities and Services. Subtenant Tenant shall not, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied make all arrangements for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates services (including, without limitation, their connection charges and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements taxes thereon) furnished to the Premises or used by Tenant, including, without limitation, electricity, water, heating, ventilating, air-conditioning, oil, steam for heating, sewer, gas, telephone, communication services, trash collection and removal, janitorial, cleaning, and window washing, if applicable. Landlord may, at its election, furnish to the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not Premises any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified set forth in this Section the preceding sentence, in which event Tenant shall reimburse Landlord for Landlord's cost of furnishing such utilities and services. Landlord shall not constitute be 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, without limitation, wiring, plumbing, conduits, and/or mains, resulting from Tenant's changed or increased utility requirements, Tenant shall on demand promptly pay to Landlord the total cost of such items. The discontinuance of any utilities or services, including, without limitation, Landlord's discontinuance or failure to provide any of the utilities or services furnished by Landlord to the Premises, shall neither be deemed an actual or constructive eviction, nor release Tenant from its obligations under this Lease including, without limitation, Tenant's obligation to pay Rental. If any governmental authority having jurisdiction over the Project imposes mandatory controls, or suggests voluntary guidelines applicable to the Project, relating to the use or conservation of water, gas, electricity, power, or the reduction of automobile emissions, Landlord, at its sole discretion, may comply with such mandatory controls or voluntary guidelines and, accordingly, require Tenant to so comply. Landlord shall not be liable for damages to persons or property for any such reduction, nor shall such reduction in any way be construed as a constructive or other partial eviction of Subtenant. Subtenant shall pay prior Tenant, cause an abatement of rent (unless such reduction is occasioned by Landlord's gross negligence or willful misconduct), or operate to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termrelease Tenant from any of Tenant's obligations under this Lease.

Utilities and Services. Subtenant shall notThroughout the Term of the Lease so long as the Premises are occupied, except with Sublandlord's prior written consent, which consent may Landlord agrees to furnish or cause to be withheld furnished to the Premises the utilities and services described in Sublandlord's sole discretion, eitherthe Standards for Utilities and Services attached hereto as Exhibit "G". 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) use accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any apparatus character; (iii) governmental regulation, moratorium or device in other governmental action or inaction; (iv) inability despite the Subleased Premises which will increase the amount exercise of coolingreasonable diligence to obtain electricity, ventilation, electricity water or water supplied to the Subleased Premises beyond that usually supplied for general office usefuel; or (iiv) connect with electric current or water pipes any device or apparatus for other cause beyond Landlord's reasonable control. In addition, in the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection event of any apparatus stoppage or device described in clauses (i) and (ii) aboveinterruption of services or utilities, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in default under this Sublease Subparagraphs 20(f) or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities 21(b) if such failure results from a damage or reduction taking described therein), no eviction of Tenant will result from such failure and Tenant will 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 agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water or electrical power than is caused considered reasonable or normal by the making of repairs or improvements Landlord, Landlord may at its option require Tenant to the Premises or the Buildingpay, as additional rent, the installation of equipmentcost, acts of God or as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the elementsPremises, labor disturbances of any characterat Tenant's sole expense, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due Tenant agrees thereafter to energy shortages or other causes, whether or not any pay all charges of the above result from acts or omissions utility providing service and Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Sublandlord. Furthermore, Sublandlord shall be entitled Operating Expenses subject to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termsuch adjustment.

Utilities and Services. Subtenant Tenant shall notarrange for all telephone, except with Sublandlord's prior written consentwater, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilationgas, electricity and other power and utilities which it shall require in connection with its use or water supplied to occupancy of the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required same, together with any taxes, penalties, surcharges or the like pertaining thereto. Landlord shall have no obligation to furnish any utilities or services to the Premises or any equipment providing for the installationsame. Without limitation, maintenance Tenant shall be solely responsible for providing such heating, ventilation and use air conditioning ("HVAC") to the Premises as Tenant shall require for the comfortable occupancy thereof. Any equipment or systems which Tenant shall require in order to supply HVAC shall be subject to the provisions of such meters Section 9 above. Tenant shall obtain, at its expense all electric light bulbs, ballasts and monitoring devicestubes as it shall require for the Premises. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing utilities or services are not separately metered to Tenant, Tenant shall pay a reasonable proportion, as determined by Landlord, of all charges jointly serving the Premises and administering sameother premises. Sublandlord Landlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, resulting from nor shall the rent Base Rent, Operating Expenses or any other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason ofof (a) the installation, use or interruption of use of any failure to provide or any reduction equipment used in connection with the furnishing of any of the above foregoing utilities and services, (b) failure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or utilities if such failure (c) the limitation, curtailment, rationing or reduction is caused by the making restriction on use of repairs water, electricity, gas or improvements to any other form of energy or any other service or utility whatsoever serving the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of SublandlordReal Property. Furthermore, Sublandlord Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental bodies government agencies or utilities utility suppliers in reducing energy or other resources resource consumption, provided that the majority of the owners of comparable business parks in the Comparable Market are also so cooperating. The failure obligation to make services available hereunder shall be subject to the limitations of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlordany such voluntary, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termreasonable program.

Utilities and Services. Subtenant shall notThroughout the Term of the Lease so long as the Premises are occupied, except Landlord agrees to furnish or cause to be furnished to the Premises 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 Sublandlordthe standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's prior written consent, employees and/or agents which consent are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be withheld in Sublandlordprovided by Landlord. Any such additional services will be provided to Tenant at Tenant's sole discretion, eithercost. 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) use accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any apparatus character; (iii) governmental regulation, moratorium or device in other governmental actions or inaction; (iv) inability despite the Subleased Premises which will increase the amount exercise of coolingreasonable diligence to obtain electricity, ventilation, electricity water or water supplied to the Subleased Premises beyond that usually supplied for general office usefuel; or (iiv) connect with electric current or water pipes any device or apparatus for other cause beyond Landlord's reasonable control. In addition, in the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection event of any apparatus stoppage or device described in clauses (i) and (ii) aboveinterruption of services or utilities, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in default under this Sublease Subparagraph 20(f) or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities 21(b) if such failure results from a damage or reduction taking described therein), no eviction of Tenant will result from such failure and Tenant will 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 agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water or electrical power than is caused considered reasonable or normal by the making of repairs or improvements Landlord, Landlord may at its option require Tenant to the Premises or the Buildingpay as additional rent, the installation of equipmentcost, acts of God or as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the elementsPremises, labor disturbances of any characterat Tenant's sole expense, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due Tenant agrees thereafter to energy shortages or other causes, whether or not any pay all charges of the above result from acts or omissions utility providing service and Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease TermOperating Expenses subject such adjustments.

Utilities and Services. Subtenant Sublessee shall notpay for all water, except with Sublandlord's prior written consentgas, which consent may be withheld in Sublandlord's sole discretionheat, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of coolinglight, ventilationpower, electricity or water telephone, trash disposal and other utilities and services supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect Premises, together with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now existtaxes thereon. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, There shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost no abatement of any excess use of utilities Rent and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Sublessor shall not be liable in default any respect whatsoever for the inadequacy, stoppage, interruption or discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repair or other cause beyond Sublessor's reasonable control or in cooperation with governmental request or directions. Provided no Default has then been declared under this Sublease, if electrical power or HVAC are interrupted due to the negligence or willful misconduct of Sublessor or its employees or agents (a “Utility Interruption”), and Sublessee is unable to carry on its business in a reasonably normal manner due to the failure of any of such utilities and services, and vacates all or the affected portion of the Premises for a period in excess of five (5) consecutive days, or a cumulative total of ten (10) days in any calendar year, the Base Rent and Common Area Operating Expenses payable under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated retroactively from the first (1st) day of the Utility Interruption (in proportion to the area of the Premises vacated by Sublessee by reason ofof such failure, any failure to provide or any reduction in any if less than all of the above services Premises were affected) and for as long as such inability to carry on Sublessee’s business continued, until such time as the service is restored or utilities if such failure Sublessee reoccupies the Buildings or reduction affected portion thereof, whichever is caused by earlier. In the making of repairs or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances event of any charactercurtailment, diminution, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due failure with respect to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section the Premises, Sublessor shall not constitute a constructive use due diligence to restore full service. Within thirty (30) days of Xxxxxxxxx's written request, Sublessee agrees to deliver to Sublessor such information, documents and/or authorization as Sublessor reasonably needs in order to comply with new or other eviction of Subtenant. Subtenant shall pay prior existing Applicable Requirements relating to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlordcommercial building energy usage, which may be furnished to or used inratings, on or about and/or the Subleased Premises during the Sublease Termreporting thereof.

Utilities and Services. Subtenant The provisions of Sections 16.4, 16.5, 16.8, and 16.10, and the last sentence of Section 16.1 of the Existing Lease shall notapply solely to the Bent Premises. With respect to the Binney Premises, Landlord shall (a) maintain and operate the HVAC supply air systems (except with Sublandlord's prior written consentfor the distribution system servicing the Premises, which consent may be withheld Tenant shall operate and maintain at its sole cost and expense) used for the Permitted Use only and (b) subject to Subsection 11.1 below, furnish HVAC as reasonably required (except as this Lease otherwise provides) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, every day during the Term, subject to casualty, eminent domain or as otherwise specified in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied this Article. Notwithstanding anything to the Subleased Premises beyond contrary in this Section, but subject to the provisions of Section 14.4 of the Existing Lease, Landlord shall have no liability, and Tenant shall have no right or remedy, on account of any interruption or impairment in HVAC services; provided that usually supplied Landlord diligently endeavors to cure any such interruption or impairment. Tenant shall ensure that its building management system is integrated into Landlord’s base building management system to enable connectivity of utility metering for general office use; or (ii) connect with electric current or remote data and information access. In addition, the chilled and heated water pipes any device or apparatus utilized for the purpose of using electrical current or waterHVAC system serving the Binney Premises shall be separately submetered, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant Tenant shall pay for the cost usage shown thereon at Landlord's standard rates in effect from time to time, with such amounts due and payable within thirty (30) days after demand therefor. Landlord shall monitor the usage of all work and materials required for such utilities by Tenant through the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter one or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus more submeters or device based upon Sublandlord's reasonable estimates and best judgmentcheck meters, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant Tenant shall pay to Sublandlord promptly upon demand the cost of purchasing, installing and monitoring any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the Building, the installation of related metering equipment, acts of God or as necessary, to which costs the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which Demising Allowance may be furnished to or used in, on or about the Subleased Premises during the Sublease Termapplied.

Utilities and Services. Subtenant shall notThroughout the Term of the Lease so long as the Premises are occupied, except with Sublandlord's prior written consent, which consent may Landlord agrees to furnish or cause to be withheld furnished to the Premises the utilities and services described in Sublandlord's sole discretion, eitherthe Standards for Utilities and Services attached hereto as Exhibit "F". 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) use accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any apparatus character; (iii) governmental regulation, moratorium or device in other governmental action or inaction; (iv) inability despite the Subleased Premises which will increase the amount exercise of coolingreasonable diligence to obtain electricity, ventilation, electricity water or water supplied to the Subleased Premises beyond that usually supplied for general office usefuel; or (iiv) connect with electric current or water pipes any device or apparatus for other cause beyond Landlord's reasonable control. In addition, in the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection event of any apparatus stoppage or device described in clauses (i) and (ii) aboveinterruption of services or utilities, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in default under this Sublease Subparagraphs 20(f) or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities 21 (b) if such failure results from a damage or reduction taking described therein), no eviction of Tenant will result from such failure and Tenant will 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 agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water or electrical power than is caused considered reasonable or normal by the making of repairs or improvements Landlord, Landlord may at its option require Tenant to the Premises or the Buildingpay, as additional rent, the installation of equipmentcost, acts of God or as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the elementsPremises, labor disturbances of any characterat Tenant's sole expense, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due Tenant agrees thereafter to energy shortages or other causes, whether or not any pay all charges of the above result from acts or omissions utility providing service and Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Sublandlord. Furthermore, Sublandlord shall be entitled Operating Expenses subject to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termsuch adjustment.

Utilities and Services. Subtenant shall notThroughout the Term of the Lease so long as the Premises are occupied, except Landlord agrees to furnish or cause to be furnished to the Premises 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 Sublandlordthe standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's prior written consent, employees and/or agents which consent are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be withheld in Sublandlordprovided by Landlord. Any such additional services will be provided to Tenant at Tenant's sole discretion, eithercost. 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) use accident, breakage or repairs, (ii) strikes, lockouts or other labor disturbance or labor dispute of any apparatus character; (iii) governmental regulation, moratorium or device in other governmental action or inaction; (iv) inability despite the Subleased Premises which will increase the amount exercise of coolingreasonable diligence to obtain electricity, ventilation, electricity water or water supplied to the Subleased Premises beyond that usually supplied for general office usefuel; or (iiv) connect with electric current or water pipes any device or apparatus for other cause beyond Landlord's reasonable control. In addition, in the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection event of any apparatus stoppage or device described in clauses (i) and (ii) aboveinterruption of services or utilities, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in default under this Sublease Subparagraphs 20(f) or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities 21(b) if such failure results from a damage or reduction taking described therein), no eviction of Tenant will result from such failure and Tenant will 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 agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water or electrical power than is caused considered reasonable or normal by the making of repairs or improvements Landlord, Landlord may at its option require Tenant to the Premises or the Buildingpay, as additional rent, the installation of equipmentcost, acts of God or as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the elementsPremises, labor disturbances of any characterat Tenant's sole expense, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due Tenant agrees thereafter to energy shortages or other causes, whether or not any pay all charges of the above result from acts or omissions utility providing service and Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Sublandlord. Furthermore, Sublandlord shall be entitled Operating Expenses subject to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termsuch adjustment.

Utilities and Services. Subtenant As used in this Lease, "Premises Utilities Costs" shall notmean all actual charges for utilities for the Premises of any kind, including but not limited to water, sewer and electricity, telecommunications and cable service, and the costs of heating, ventilating and air conditioning and other utilities as well as related fees, assessments and surcharges. Tenant shall be charged Premises Utilities Costs as part of Operating Expenses on a monthly basis based on Tenant's Percentage of utilities costs for the Building. Tenant shall reimburse Landlord within ten (10) days after billing for fixture charges and/or water tariffs, if applicable, which are charged to Landlord by local utility companies. Landlord will notify Tenant of this charge as soon as it becomes known. This charge will increase or decrease with current charges being levied against Landlord, the Premises or the Building by the local utility company, and will be due as Additional Rent. In no event shall Landlord, except for its gross negligence, be liable for any interruption or failure in the supply of any such utility or other services to Tenant. In no event shall any Rent owed Landlord under this Lease be abated by reason of the failure to furnish, delay in furnishing, unavailability or diminution in quality or quantity of any such utility or other services or interference with Sublandlord's prior written consentTenant’s business operations as a result of any such occurrence; nor shall any such occurrence constitute an actual or constructive eviction of Tenant or a breach of an implied warranty by Landlord. Notwithstanding anything in this Lease to the contrary, which consent may be withheld in Sublandlord's sole discretion, either: if (i) use any apparatus interruption or device in cessation of utilities or services results from Landlord’s breach of this Lease or the Subleased Premises which will increase the amount negligence or willful misconduct of coolingLandlord, ventilationor its employees, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; agents and contractors, or (ii) connect with electric current or water pipes any device or apparatus such interruption is covered by any rent loss insurance maintained by Landlord, then if the Premises are not usable by Tenant for the purpose conduct of using electrical current or waterTenant’s business as a result such interruption, except as such connections now exist. If Sublandlord consents Base Rent and applicable Operating Expenses not actually incurred up to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed that point by such apparatus or devices and Subtenant Tenant shall pay be abated for the cost of all work and materials required for period that commences three (3) business days after the installation, maintenance and use date Tenant gives to Landlord notice of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by interruption until such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termare restored.

Utilities and Services. Subtenant shall not, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied Provision to the Subleased Leased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes of any device or apparatus for the purpose of using electrical current or utilities and services such as gas, water, except as such steam, sewer, telephone, trash removal, enhanced security, janitorial, etc. shall be the responsibility of the LESSEE and any SubLessee. In the event that the LESSEE shall request and the GOVERNMENT shall furnish utility connections now exist. If Sublandlord consents associated with its use of the Leased Premises, LESSEE shall pay the GOVERNMENT the agreed charges therefore in addition to the use and/or connection consideration rent required under this LEASE. Such charges and the method of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlordpayment thereof, shall be conclusive determined by GOVERNMENT or the appropriate supplier of such service, in accordance with applicable laws and regulations, on Subtenantsuch basis as the GOVERNMENT or appropriate supplier of such service may establish, and may include a requirement for the installation of adequate connecting and metering equipment at the sole cost and expense of the LESSEE. Subtenant shall pay to Sublandlord promptly upon demand It is expressly agreed and understood that the cost GOVERNMENT in no way warrants the continued supply, maintenance, or adequacy of any excess use of utilities and resources based or services furnished by it to the LESSEE. LESSEE shall have the right, subject to Paragraph 8 above herein, to install such utilities or make improvements to existing utilities on the rates charged by the local public utility company or other supplier furnishing sameLeased Premises, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the Buildingincluding but without limitation, the installation of emergency power generators, as may be necessary for the operation of LESSEE's equipment, acts of God or . LESSEE will solely be responsible for all costs associated with utility connections from Leased Premises to utility mains. Plans and specifications for this will be approved by the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond Facilities Engineering and Acquisition Division Head located at the reasonable control of Sublandlord, or rationing or restrictions on Station. All utilities must be metered. The LESSEE will reimburse the use of said services and utilities due Station periodically when a xxxx is presented by the Station to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources LESSEE for utility consumption. Reimbursable utilities are water, sewer, power and gas. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency LESSEE will be responsible for all telephone costs associated with connecting to and installing meters for all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termutilities.

Utilities and Services. Subtenant shall notProvided that Tenant is not in default hereunder, except with Sublandlord's prior written consentLandlord agrees, which consent during the Lease term, to furnish to the Premises as part of the Operating Expenses during those hours set forth in the Rules and Regulations as defined in Paragraph 31 hereof, as may be withheld amended in Sublandlord's sole discretionwriting by Landlord from time to time during the term of this Lease and delivered to Tenant, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount reasonable quantities of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or for normal lighting and fractional horsepower office machines, water pipes any device or apparatus for lavatory and drinking purposes, heat and air conditioning required in Landlord's judgment for the purpose comfortable use and occupation of using electrical current or waterthe Premises, except janitorial service (including washing of windows with reasonable frequency as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (idetermined by Landlord) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed elevator service by such apparatus or devices and Subtenant non-attended automatic elevators. Landlord shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgmentbe liable for, and such determination, made in good faith Tenant shall not be entitled to any abatement or reduction of rent by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay reason of Landlord's failure to Sublandlord promptly upon demand the cost of furnish any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if when such failure or reduction is caused by the making of repairs accident, breakage, repairs, strikes, lockouts or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, other labor disturbances or labor disputes of any character, or for any other events causes. If Tenant requires or conditions whatsoever beyond utilizes more water or electric power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to pay, as additional rent, the reasonable control cost, as fairly determined by Landlord, incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and Tenant thereafter shall pay all charges of Sublandlordthe utility providing service. Tenant specifically undertakes to install and maintain at Tenant's cost such fire protection equipment including, without limitation, emergency lighting as required by any governmental authority or rationing or restrictions on insurer, and if so required, Tenant shall appoint one of Tenant's personnel to coordinate with the use fire protection facilities and personnel of said services and utilities due to energy shortages Landlord. Any incandescent light bulbs used in the Premises shall be paid for the Tenant. Upon Tenant's request, Landlord's personnel shall install incandescent light bulbs or other causes, whether or not any of Building Nonstandard bulbs in the above result from acts or omissions of SublandlordPremises. Furthermore, Sublandlord shall be entitled Tenant agrees to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy pay Landlord upon demand Landlord's cost for all such incandescent light bulbs installed or other resources consumptionBuilding Nonstandard improvements including but not limited to metallic trim, wood floor covering, glass panels, windows, partitions, kitchens and executive washrooms in the Premises. The failure of Sublandlord to provide the utilities and services specified in this Section Landlord shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency be responsible in any manner for all telephone said maintenance, cleaning and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termrepair.