Common use of Utility Services Clause in Contracts

Utility Services. (a) Tenant shall make all arrangements for, and shall provide and pay all charges and deposits required by the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become due. As part of the Base Building Work, Landlord will (i) install Oncom BTU metered taps for reheat hot water from the main Building loop to the Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Building equipment and the Building BMS system); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises (Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises). Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall xxxx Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor.

Utility Services. (a) Commencing on the Term Commencement Date, Tenant shall make all arrangements for, and shall provide and pay all charges and deposits required by the provider forfor gas, water, sewer, gas, boiler water, electricity, telephone and any other energy, utilities or and services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee) during the Term which now or hereafter separately serve the Premises, or otherwise, as the same become due. As part of the Base Building Work, are not expressly to be provided by Landlord will (i) install Oncom BTU metered taps for reheat hot water from the main Building loop to the Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Building equipment and the Building BMS system); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises (Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises). Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Providerelsewhere hereunder. If the such Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used Services are submetered or checkmetered to measure Tenant’s direct usage of electricity within actual consumption at the Premises, (including Tenant will reimburse Landlord for the electricity consumed cost of such consumption as measured thereby and as billed by Landlord. If such Utility Services are not separately metered, Tenant shall pay the cost of the same as part of the Operating Costs payable hereunder or, based upon Tenant’s pro rata share of its usage of the system generating the Utility Services as billed by Landlord in providing HVAC service common with other tenants having shared use of such system. It is understood and agreed that except as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the Premises are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”), for which . Tenant shall reimburse agrees reasonably to cooperate with Landlord at the direct billing rates charged to Landlord by and the Utility Service Provider. Landlord shall xxxx Tenant monthly for such electrical consumption Providers and hot water consumption at all times as a recurring chargereasonably necessary, and Tenant on reasonable advance notice, shall pay each allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such invoice, as Additional Rent, machinery or personal property within thirty (30) days after receipt the Premises and associated with the delivery of an invoice thereforUtility Services.

Utility Services. (a) SECTION 5.1 - Utilities: ----------------------- Provided that Tenant shall make all arrangements foris not in default hereunder, Landlord agrees to furnish to the Premises electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's judgment for the comfortable use and occupancy of the premises, 365 days per year, 24 hours per day at no additional cost to Tenant. Landlord shall provide also maintain and pay all charges keep lighted the common stairs, common entries and deposits required restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services if beyond the reasonable control of Landlord, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the provider formaking of necessary repairs or improvements to the Premises, waterBuilding or Project, seweror (iii) the limitation, gascurtailment or rationing of, boiler or restrictions on, use of water, electricity, telephone and gas or any other utilities form of energy serving the Premises. Building or services used Project if beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or consumed on injury to property or business, however occurring, through or in connection with or incidental to failure by third parties to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Landlord shall use reasonable efforts to correct all services provided for hereunder. Tenant shall not, without the written consent of Landlord, use any apparatus or devise in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of Premises as general office space (collectively, “Utility Services”as determined by Landlord), whether called use chargewithout first procuring the written consent of Landlord, tax assessment, fee, or otherwise, as the same become due. As part of the Base Building Work, which Landlord will (i) install Oncom BTU metered taps for reheat hot water from the main Building loop to the Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expensemay refuse, and any meters in the event of consent. Landlord may have installed as part of such work shall be compatible with the Building equipment and the Building BMS system); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises (Tenant shall provide and install a water meter at this connection with a remote reader or electrical current meter in the Premises to record Tenant’s use measure the amount of domestic water within the Premises)or electric current consumed. Tenant shall install, as part The cost of any such meter and of its electrical service switchgearinstallation, a CT cabinet with an electrical usage meter as required maintenance and repair shall be paid for by the Utility Service ProviderTenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the Utility Service Provider will not allow individual direct metering excess cost for Tenant’s service, this meter such water and electric current shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse established by an estimate made by a utility company or electrical engineer hired by Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall xxxx Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice thereforTenant's expense.

Utility Services. (a) Landlord has caused utilities to be made available to the Building and the Premises including water, sanitary sewer and electricity. Landlord shall cause the necessary mains, conduits and other facilities to be provided to supply water, sanitary sewer facilities and electricity into the Building and the Premises, and Tenant hereby acknowledges that it has inspected such facilities, is satisfied with such facilities, and that Landlord has complied with the provisions of this paragraph. Tenant shall make all arrangements for, and shall provide and pay directly all charges and deposits required by the provider for, water, sewer, gas, boiler water, electricityfor electric, telephone and any other utilities or services used or consumed on in the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become due. As part of the Base Building Work, Landlord will (i) install Oncom BTU which are separately metered taps for reheat hot water from the main Building loop to the Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Building equipment and the Building BMS system); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises (Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises). Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), . Each building shall be metered for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall xxxx Tenant monthly for such electrical consumption water and hot water consumption as a recurring chargesewer utility services, and Tenant shall pay each to Landlord on a monthly basis in advance Tenant's portion of the water and sewer charge for the Building as may be estimated by Landlord. This charge shall be paid by Tenant as Additional Rent under this lease. In the event that Tenant shall fail or refuse to pay any utility charges individually metered to Tenant, then Landlord may, but shall not be obligated to, pay such invoicecharges and Tenant shall reimburse Landlord on demand. Landlord shall not be liable to Tenant for interruption in or curtailment of any utility service, nor shall any curtailment or interruption constitute a constructive eviction or grounds for rental abatement in whole or in part. If Tenant consumes water for any purpose in addition to ordinary lavatory purposes (of which fact Landlord is to be the sole judge), then Landlord in its discretion may install a public utility water meter and thereby measure Tenant's water consumption for all purposes. Tenant shall pay Landlord for the cost of such meter and the cost of installation thereof, and throughout the duration of Tenant's occupancy, Tenant shall keep such meter and installation equipment in good working order and repair at its own expense, Tenant shall pay for water consumed, as shown on such meter, and the corresponding sewer utility service charge, as and when bills are rendered by the public utility company servicing the Premises and, on default of Tenant making such payment, Landlord may pay such charges and collect the same from Tenant as Additional Rent, within thirty (30) days after receipt of an invoice therefor.

Utility Services. (a) Tenant shall make all arrangements for, and shall provide and pay all charges and deposits required by the provider forfor gas, water, sewer, gas, boiler water, electricity, telephone and any other energy, utilities or and services used or consumed on the Premises (collectively, “Utility Services”) during the Term which now or hereafter separately serve the Premises (including Tenant’s Supplemental HVAC [as defined below]), whether called use chargeor are not expressly to be provided by Landlord elsewhere hereunder. If any such Utility Services are not separately metered or billed (as provided below), tax assessment, fee, Tenant shall pay the cost of the same as part of Tenant’s Pro Rata Share or otherwiseTenant’s Level 400 Reduced Pro Rata Share, as the same become duecase may be, of Operating Expenses payable hereunder. As part It is understood and agreed that except as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the Base Building Worksame except as expressly provided in Section 6.02(c) below. Prior to the Term Commencement Date, Landlord will (i) install Oncom BTU metered taps for reheat hot water from the main Building loop to the Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expenseone (1) or more separate submeter(s), and any meters installed as part of such work shall be compatible with the Building equipment and the Building BMS systemcheckmeter(s) or flow meter(s); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises (Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises). Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage actual consumption of electricity and gas at or for the Premises (and Tenant’s Supplemental HVAC), and for the base Building hot water loop system, chiller and radiant curtain heating flows serving the Level 400 Space, and Tenant will reimburse Landlord for the cost of such services as measured thereby, or at Landlord’s option, Landlord will require Tenant to contract with the company supplying electricity and/or gas service for the purchase and obtaining by Tenant of electricity and/or gas service directly from such company or companies to be billed directly to, and paid for by, Tenant. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises, (including Premises and associated with the electricity consumed in providing HVAC service delivery of Utility Services to the Premises). If the Premises are not separately metered as to any Utility Services, for Landlord reserves the right, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of any such Utility Services, in which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. event Landlord shall xxxx Tenant monthly for such electrical consumption and hot water consumption calculate the applicable Utility Services based on Tenant’s actual usage thereof, rather than as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice thereforotherwise provided herein.

Utility Services. (a) Tenant shall make all arrangements for, and Landlord shall provide and pay all charges and deposits required by the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become due. As part of the Base Building Work, Landlord will (i) install Oncom BTU metered taps for reheat hot water from the main Building loop Utilities to the Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Building equipment and the Building BMS system); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expenseexpense and not as an expense that may be charged, directly or indirectly, to Tenant. Tenant acknowledge that prior to the date hereof, all contracts for Utilities (other than electricity) any gas service necessary to service the exclusive needs of are entered into and contracted for by Tenant, in Tenant’s Premises; own name. Tenant shall cooperate with Landlord and (iii) provide a connection any applicable utility provider to promptly transfer all such contracts to Landlord, in Landlord’s name. Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance of the Utilities, except to the Building potable water service extent caused by or arising out of: the negligence or willful misconduct or Landlord or Landlord’s Agents. No temporary interruption or failure of Utilities incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or, subject to the terms of Section 18.17, relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property on or in the Premises occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (Tenant shall provide and install a water meter at including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, except to the extent caused by or arising out of the negligence or willful misconduct of Landlord or any of Landlord’s Agents. As used in this connection with a remote reader to record Lease, the term “Utilities” means (i) electricity for (a) reasonably sufficient lighting for Tenant’s use of domestic water within operations at the Premises). Tenant shall install, as part and (b) HVAC service, and (ii) HVAC service sufficient to keep the Premises in a temperature range not of its electrical service switchgear, a CT cabinet with an electrical usage meter less than 50° Fahrenheit and not more than 90° Fahrenheit (or such other minimum or maximum temperature as required by the Utility Service Providerapplicable Law). If the Utility Service Provider will not allow individual direct metering for Access to Premises. Tenant’s service, this meter its employees, contractors, agents and invitees shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service have access to the Premises)Premises 24 hours per day, for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall xxxx Tenant monthly for such electrical consumption and hot water consumption as a recurring chargeseven days per week, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) 365 days after receipt of an invoice thereforper year.

Utility Services. (a) Except as otherwise provided in this Section 6.1, Tenant shall make all arrangements forcontract, and shall provide in its own name, for and pay when due all charges and deposits required by for the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities cost of all Utilities billed or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become due. As part of the Base Building Work, Landlord will (i) install Oncom BTU metered taps for reheat hot water from the main Building loop separately to the Premises (if additional taps from and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Notwithstanding the main loop are requiredforegoing, Tenant Landlord shall install them at contract in its own cost and expense, and any meters installed as part of such work shall be compatible with the Building equipment and the Building BMS system); (ii) provide space name for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water all electrical service to the Premises (as necessary for the Phase(s) that have been delivered) necessary to comply with the Phasing Plan, and shall manage the billing of the cost of electricity incurred by or on behalf of Tenant shall provide and install a water meter at this in connection with a remote reader to record Tenant’s its use and operation of domestic water within the Premises). Tenant shall installPremises (such costs, as part of its electrical service switchgearwithout any xxxx-up or premium whatsoever, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises“Electrical Costs”), subject to reimbursement by Tenant for which Tenant shall reimburse Landlord at such Electrical Costs in accordance with the direct billing rates charged to Landlord by the Utility Service Providerterms of this Section 6.1. Landlord shall will xxxx Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, the Electrical Costs and Tenant shall pay each such invoiceLandlord for the same, as Additional Rent, within thirty (30) days after receipt Landlord’s delivery of a written invoice for the Electrical Costs. Until Landlord delivers to Tenant the final Phase of the Premises, the calculation of Electrical Costs payable by Tenant will be based upon the electrical service consumed by Tenant in the Current Demised Premises. If permitted by applicable Laws, Landlord may, at any time and from time to time during the Term, either contract for service from different electrical utility companies (“Alternate Service Providers”) than those providing electrical service on the date hereof (“Utility Service Providers”) or continue to contract for electrical service from the Utility Service Providers; provided, however, that Landlord shall not contract with an invoice thereforAlternate Service Provider without Tenant’s consent, which consent Tenant shall not unreasonably withhold. Any and all costs associated with a change to any Alternate Service Provider shall be paid by Landlord without reimbursement from Tenant. Tenant shall cooperate with Landlord, the Utility Service Providers, and any Alternate Service Providers at all times and, as reasonably necessary, shall allow Landlord, Utility Service Providers, and any Alternate Service Providers reasonable access to all utility lines, feeders, risers, wiring, and any other machinery and/or equipment within the Premises as necessary to provide electrical service to the Premises. Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance of the Utilities, except to the extent caused by or arising out of: (a) the negligence or willful misconduct of Landlord or any of Landlord’s Agents; (b) Landlord’s failure to contract for electrical service for the Premises as necessary to comply with the Phasing Plan; or (c) Landlord’s failure to reasonably manage the billing and other administrative obligations associated with the Electrical Costs. No temporary interruption or failure of Utilities incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or, subject to the terms of Section 18.17, relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property on or in the Premises occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, except to the extent caused by or arising out of the negligence or willful misconduct of Landlord or any of Landlord’s Agents. As used in this Lease, the term “Utilities” means water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone and all materials and services or other utilities.

Utility Services. (a) Tenant shall make all arrangements for, and shall provide and pay all charges and deposits required by the provider forfor gas, water, sewer, gas, boiler water, electricity, telephone and any other energy, utilities or and services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee) during the Term which now or hereafter separately serve the Premises, or otherwiseare not expressly to be provided by Landlord elsewhere hereunder. If any such Utility Services are not separately metered, as Tenant shall pay the cost of the same become due. As as part of the Base Building Work, Landlord will (i) install Oncom BTU metered taps Operating Costs payable hereunder. It is understood that the electrical service for reheat hot water from the main Building loop to the Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Building equipment and the Building BMS system); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises (Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises). Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used either separately metered or sub or check metered to measure Tenant’s direct consumption of electricity. If such electrical service is separately metered Tenant shall pay directly to the utility supplier, all electrical service charges before delinquency (and failure to pay the same shall be deemed an Event of Default subject to Section 14.01(a), below). If such electrical service is sub or check metered, Landlord shall calculate the electrical service charge based on Tenant’s actual usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall xxxx Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoicesame to Landlord, as Additional Rent, within thirty fifteen (3015) days after receipt of an invoice thereforbilling therefore. It is understood and agreed that except as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, and, except as expressly set forth herein, shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the any such Utility Services are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of such Utility Service(s), in which event Landlord shall calculate the applicable Utility Services charges based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Xxxxxxxx shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Xxxxxx agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in the event of a potential emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services.

Utility Services. (a) Landlord, in its proprietary capacity as owner of the Property and landlord under this Lease, shall not be required to provide any utility services to the Premises or any portion of the Premises. Tenant and its Subtenants shall make all arrangements forbe responsible for contracting with, and shall provide obtaining, all necessary utility and pay all charges other services, as may be necessary and deposits required by appropriate to the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on uses to which the Premises are put (collectively, “Utility Services”it being acknowledged that City is the sole and exclusive provider to the Premises of certain public utility services), whether called use charge, tax assessment, fee, . Tenant will pay or otherwise, cause to be paid as the same become due. As due all deposits, charges, meter installation fees, connection fees and other costs for all public or private utility services at any time rendered to the Premises or any part of the Base Building WorkPremises, Landlord and will (i) install Oncom BTU metered taps do all other things required for reheat hot water from the main Building loop maintenance and continuance of all such services. Tenant agrees, with respect to any public utility services provided to the Premises by City, that no act or omission of City in its capacity as a provider of public utility services, shall abrogate, diminish, or otherwise affect the respective rights, obligations and liabilities of Tenant and Landlord under this Lease, or entitle Tenant to terminate this Lease or to claim any abatement or diminution of Rent. Further, Tenant covenants not to raise as a defense to its obligations under this Lease, or assert as a counterclaim or cross-claim in any litigation or arbitration between Tenant and Landlord relating to this Lease, any Losses arising from or in connection with City's provision of (if additional taps from or failure to provide) public utility services, except to the main loop are requiredextent that failure to raise such claim in connection with such litigation would result in a waiver of such claim. The foregoing shall not constitute a waiver by Tenant of any claim it may now or in the future have (or claim to have) against any such public utility provider relating to the provision of (or failure to provide) utilities to the Premises. Not withstanding the provisions hereof, Tenant shall install them at include in its own Site Improvement Costs the cost and expense, and any meters installed as part of such work shall be compatible with the Building equipment and the Building BMS system); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises (Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises). Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service bringing utilities to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall xxxx Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor.

Utility Services. (a) Tenant shall make all arrangements for, and shall provide and pay all charges and deposits required by the provider forfor gas, water, sewer, gas, boiler water, electricity, telephone and any other energy, utilities or and services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee) during the Term which now or hereafter separately serve the Premises, or otherwiseare not expressly to be provided by Landlord elsewhere hereunder. If any such Utility Services are not separately metered, as Tenant shall pay the cost of the same become due. As as part of the Base Building Work, Landlord will (i) install Oncom BTU metered taps Operating Costs payable hereunder. It is understood that the electrical service for reheat hot water from the main Building loop to the Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Building equipment and the Building BMS system); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises (Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises). Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used either separately metered or sub or check metered to measure Tenant’s direct consumption of electricity. If such electrical service is separately metered Tenant shall pay directly to the utility supplier, as Additional Rent hereunder, all electrical service charges before delinquency. If such electrical service is sub or check metered, Landlord shall calculate the electrical service charge based on Tenant’s actual usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall xxxx Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoicesame to Landlord, as Additional Rent, within thirty fifteen (3015) days after receipt of an invoice thereforbilling therefore. It is understood and agreed that except as may be expressly provided hereunder, Landlord shall be under no obligation whatsoever to furnish any such services to the Premises, and shall not be liable for (nor suffer any reduction in any rent on account of) any interruption or failure in the supply of the same. If the any such Utility Services are not separately metered, Landlord reserves the right, at any time during the Term, to install a monitor or check meter to measure Tenant’s consumption of such Utility Service(s), in which event Landlord shall calculate the applicable Utility Services charges based on Tenant’s actual usage thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services.

Utility Services. (a) Landlord, as owner of the Property and landlord under this Lease, shall not be required to provide any utility services to the Premises or any portion of the Premises. Tenant and its Subtenants shall make all arrangements forbe responsible for contracting with, and shall provide obtaining, all necessary utility and pay all charges other services as may be necessary and deposits required by appropriate to the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on uses to which the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, are put. Tenant will pay or otherwise, cause to be paid as the same become due. As due all deposits, charges, meter installation fees, connection fees and other costs for all public or private utility services at any time rendered to the Premises or any part of the Base Building WorkPremises, Landlord and will (i) install Oncom BTU metered taps do all other things required for reheat hot water from the main Building loop maintenance and continuance of all such services. Tenant agrees, with respect to any public utility services provided to the Premises (if additional taps by the City, that no act or omission of the City in its capacity as a provider of public utility services shall abrogate, diminish, or otherwise affect the respective rights, obligations and liabilities of Tenant and Landlord under this Lease, or entitle Tenant to terminate this Lease or to claim any abatement or diminution of Rent. Further, other than claims arising from the main loop are requiredDelay Events that Tenant is entitled to assert under this Lease, Tenant shall install them at covenants not to raise as a defense to its own cost obligations under this Lease, or assert as a counterclaim or crossclaim in any litigation or arbitration between Tenant and expenseLandlord relating to this Lease, and any meters installed as part Losses arising from or in connection with the City’s provision of (or failure to provide) public utility services, except to the extent that failure to raise such claim in connection with such litigation would result in a waiver of such work claim. The foregoing shall be compatible with not constitute a waiver by Tenant of any claim it may now or in the Building equipment and the Building BMS system); future have (iior claim to have) provide space for a Tenant meter on the against any such public utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection provider relating to the Building potable water service provision of (or failure to the Premises (Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises). Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service provide) utilities to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall xxxx Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor.

Utility Services. (a) Except as otherwise provided in this Section 6.1, Tenant shall make all arrangements forcontract, and shall provide in its own name, for and pay when due all charges and deposits required by for the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities cost of all Utilities billed or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become due. As part of the Base Building Work, Landlord will (i) install Oncom BTU metered taps for reheat hot water from the main Building loop separately to the Premises (if additional taps from and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Notwithstanding the main loop are requiredforegoing, Tenant Landlord shall install them at contract in its own cost and expense, and any meters installed as part of such work shall be compatible with the Building equipment and the Building BMS system); (ii) provide space name for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water all electrical service to the Premises (as necessary for the Phase(s) that have been delivered) necessary to [***] Portions of this exhibit have been redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission comply with the Phasing Plan, and shall manage the billing of the cost of electricity incurred by or on behalf of Tenant shall provide and install a water meter at this in connection with a remote reader to record Tenant’s its use and operation of domestic water within the Premises). Tenant shall installPremises (such costs, as part of its electrical service switchgearwithout any xxxx-up or premium whatsoever, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises“Electrical Costs”), subject to reimbursement by Tenant for which Tenant shall reimburse Landlord at such Electrical Costs in accordance with the direct billing rates charged to Landlord by the Utility Service Providerterms of this Section 6.1. Landlord shall will xxxx Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, the Electrical Costs and Tenant shall pay each such invoiceLandlord for the same, as Additional Rent, within thirty (30) days after receipt Landlord’s delivery of a written invoice for the Electrical Costs. Until Landlord delivers to Tenant the final Phase of the Premises, the calculation of Electrical Costs payable by Tenant will be based upon the electrical service consumed by Tenant in the Current Demised Premises. If permitted by applicable Laws, Landlord may, at any time and from time to time during the Term, either contract for service from different electrical utility companies (“Alternate Service Providers”) than those providing electrical service on the date hereof (“Utility Service Providers”) or continue to contract for electrical service from the Utility Service Providers; provided, however, that Landlord shall not contract with an invoice thereforAlternate Service Provider without Tenant’s consent, which consent Tenant shall not unreasonably withhold. Any and all costs associated with a change to any Alternate Service Provider shall be paid by Landlord without reimbursement from Tenant. Tenant shall cooperate with Landlord, the Utility Service Providers, and any Alternate Service Providers at all times and, as reasonably necessary, shall allow Landlord, Utility Service Providers, and any Alternate Service Providers reasonable access to all utility lines, feeders, risers, wiring, and any other machinery and/or equipment within the Premises as necessary to provide electrical service to the Premises. Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance of the Utilities, except to the extent caused by or arising out of: (a) the negligence or willful misconduct of Landlord or any of Landlord’s Agents; (b) Landlord’s failure to contract for electrical service for the Premises as necessary to comply with the Phasing Plan; or (c) Landlord’s failure to reasonably manage the billing and other administrative obligations associated with the Electrical Costs. No temporary interruption or failure of Utilities incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or, subject to the terms of Section 18.17, relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property on or in the Premises occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, except to the extent caused by or arising out of the negligence or willful misconduct of Landlord or any of Landlord’s Agents. As used in this Lease, the term “Utilities” means water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone and all materials and services or other utilities.

Utility Services. (a) Tenant shall make all arrangements for, and shall provide and pay all charges and deposits required by the provider forfor gas, water, sewer, gas, boiler water, electricity, telephone and any other energy, utilities or and services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee) during the Term which now or hereafter separately serve the Premises, or otherwiseare not expressly to be provided by Landlord elsewhere hereunder. If such Utility Services are not separately metered, as Tenant shall pay Tenant’s Pro Rata Share of the cost of the same become due. As as part of the Base Building WorkOperating Expenses payable hereunder. It is understood and agreed that except as may be expressly provided hereunder, Landlord will (i) install Oncom BTU metered taps for reheat hot water from the main Building loop shall be under no obligation whatsoever to furnish any such services to the Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expensePremises, and shall not be liable for (nor suffer any meters installed as part of such work shall be compatible with the Building equipment and the Building BMS system); (ii) provide space for a Tenant meter reduction in any rent on the utility gas manifold so that Tenant can install (at its sole cost and expenseaccount of) any gas service necessary to service interruption or failure in the exclusive needs supply of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises (Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises). Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Providersame. If the Utility Service Provider will Premises are not allow individual direct metering for Tenant’s serviceseparately metered, this Landlord reserves the right, at any time during the Term, to install a monitor or check meter shall be used to measure Tenant’s direct consumption of any Utility Services, in which event Landlord shall calculate the applicable Utility Services based on Tenant’s actual usage of electricity thereof, rather than as otherwise provided herein. To the extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third-party providing Utility Services (“Utility Service Provider”). Tenant agrees reasonably to cooperate with Landlord and the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, fixtures, wiring and any other such machinery or personal property within the Premises, (including Premises and associated with the electricity consumed in providing HVAC service delivery of Utility Services; provided all such parties shall use commercially reasonable efforts to minimize interference with Tenant’s use or occupancy of or access to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall xxxx Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor.

Utility Services. (a) Tenant shall make all arrangements forpay directly to the providers thereof, and shall provide and pay before delinquency, all charges and deposits required by the provider for, for water, sewer, gas, boiler water, electricity, telephone telephone, sewer service, waste pick-up and any other utilities utilities, materials or services furnished directly to or used by Tenant in or consumed on about the Premises (collectively, “Utility Services”), whether called including (a) meter, use chargeand/or connection fees, tax assessment, feehook-up fees, or otherwisestandby fees, and (b) penalties for discontinued or interrupted service. Notwithstanding the foregoing, if any Utility Service is not separately provided or metered to the Premises, then the cost of such Utility Service shall be included in Expenses; provided, however, that if Landlord reasonably determines that Tenant is using more than its pro rata share of such Utility Service (as determined based on the same become due. As part rentable square footage of the Base Building WorkPremises relative to the total rentable square footage served by such Utility Service), Landlord will then Landlord, at its option, may (i) install Oncom BTU metered taps for reheat hot water from the main Building loop require Tenant to the Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Building equipment and the Building BMS system); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary pay to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises (Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises). Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall xxxx Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoiceLandlord, as Additional Rent, within thirty an amount equal to Landlord’s reasonable estimate of the cost of such excess use, and/or (30ii) days after receipt install, at Tenant’s expense, a separate meter to measure Tenant’s use of an invoice thereforsuch Utility Service. Tenant’s electrical usage shall not exceed the capacity of the feeders to the Premises or the risers or wiring installation. Without limiting the foregoing, Tenant shall pay the cost of all Utility Services consumed in connection with the operation of any supplemental or specialty Building Systems (as defined in Section 7.1.1 below) exclusively serving the Premises, including any data center, and Landlord shall have the right to install, at Tenant’s expense, a separate meter to measure Tenant’s use of such Utility Service. Without limiting its obligations. Tenant, at its expense, shall provide all trash disposal, janitorial service and customary cleaning (other than exterior window washing) on a regular basis, and all necessary interior pest control service, so that the Premises is kept neat, broom-clean and pest-free in a first-class manner. Landlord shall provide such janitorial (including exterior window-washing), pest-control and landscaping services for the exterior of the Building and any Common Areas, and such lighting for the Parking Areas (defined in Section 24), as Landlord reasonably determines is appropriate.