Common use of Service and Utilities Clause in Contracts

Service and Utilities. Landlord shall supply, subject to its ability to obtain the same from the public utility furnishing electricity to the Building, electrical power to the Building including the Demised Premises (through equipment and facilities installed by Tenant as part of the Tenant Improvements) and the common areas. Exclusive of HVAC, Landlord shall provide six (6) ▇▇▇▇▇ per usable square feet of space in the Demised Premises, on a connected load basis, for light and power. The obligations of the Landlord hereunder shall be subject to any rules and regulations of the authority providing electricity to Landlord. Tenant shall, at Tenant's sole cost and expense, and in accordance with Schedule D hereof, install as part of the Tenant Improvements, submeters in ---------- the Demised Premises to measure Tenant's electrical consumption for light and power and air conditioning therein and Landlord shall furnish electricity to the Demised Premises on a submetered basis. The cost of Tenant's electrical consumption in the Demised Premises shall be paid by Tenant to Landlord, as Additional Rent hereunder and shall be charged to Tenant by applying the then current electricity supplier's rate as charged to Landlord ("Landlord's Rate") to the consumption determined by the submeter readings and adding thereto an amount equal to one half (1/2%) percent of the amount which is the result of such application, for Landlord's administrative costs in supplying electric to the Demised Premises on a submetered basis. Bills for such amounts shall be rendered to Tenant monthly and shall be payable by Tenant within twenty (20) Business Days after the date so rendered. The obligations of Landlord hereunder shall be subject to any rules and regulations of the authority providing electricity to Landlord. For the purpose of this Section 4.1(b) the rate to be paid by Tenant shall include any taxes, energy charges, demand charges, fuel adjustment charges, rate adjustment charges, or other charges imposed by the utility company or any governmental body in connection therewith. If any tax shall be imposed upon Landlord's receipts from the sale or resale of electrical energy to Tenant by any federal, state, city or local authority, the pro rata share of such tax allocable to the electrical energy service received by Tenant shall be passed on to, included in the ▇▇▇▇ of and paid by Tenant.

Service and Utilities. (a) Risers, feeders and wiring will be installed in the Building by Landlord to furnish electrical service of 6 ▇▇▇▇▇ per usable square foot on a connected load basis to the Demised Premises (exclusive of electricity required of the operation of the Building HVAC System) (the "Required Load") as part of Landlord's Work. If Tenant shall require electric power in excess of the Required Load, then Landlord agrees to make same available to Tenant (up to an additional 2 ▇▇▇▇▇ per usable square foot), provided, however, if in connection with providing such additional power Landlord will be required to install additional feeders, risers or other electrical equipment, then, at Tenant's expense, Landlord shall provide such additional feeders or risers, in locations reasonably designated by Landlord, to supply Tenant's additional electrical requirements, and all other equipment proper and necessary in connection with such feeders or risers shall be installed by Landlord upon Tenant's request at the sole cost and expense of Tenant, which costs (which shall be the actual, reasonable costs incurred by Landlord) shall include a supervisory fee to Landlord in the amount of ten percent (10%) of the cost of the work. (b) Landlord shall supply, subject to its ability to obtain the same from the public utility furnishing electricity to the Building, electrical power to the Building including the Demised Premises (through equipment and facilities installed by Tenant as part of the Tenant Improvements) and the common areas. Exclusive of HVAC, Landlord shall provide six (6) ▇▇▇▇▇ per usable square feet of space in the Demised Premises, on a connected load basis, for light and power. The obligations of the Landlord hereunder shall be subject to any rules and regulations of the authority providing electricity to Landlord. Tenant shall, at Tenant's sole cost and expense, and in accordance with Schedule D hereof, install as part of the Tenant Improvements, submeters in ---------- the Demised Premises to measure Tenant's electrical consumption for light and power and air conditioning therein and Landlord shall furnish electricity to the Demised Premises on a submetered basis. The cost of Tenant's electrical consumption in the Demised Premises shall be paid by Tenant to Landlord, as Additional Rent hereunder and shall be charged to Tenant by applying the then current electricity supplier's rate as charged to Landlord ("Landlord's Rate") to the consumption determined by the submeter readings and adding thereto an amount equal to one half two (1/22%) percent of the amount which is the result of such application, for Landlord's administrative costs in supplying electric to the Demised Premises on a submetered basis. Landlord's Rate shall include no profit to Landlord. Bills for such amounts shall be rendered to Tenant monthly from time to time and shall be payable by Tenant within twenty (20) Business Days after the date so rendered. The obligations of Landlord hereunder shall be subject to any rules and regulations of the authority providing electricity to Landlord. For the purpose of this Section 4.1(b) the rate to be paid by Tenant shall include any taxes, energy charges, demand charges, fuel adjustment charges, rate adjustment charges, or other charges imposed by the utility company or any governmental body in connection therewith. If any tax shall be imposed upon Landlord's receipts from the sale or resale of electrical energy to Tenant by any federal, state, city or local authority, the pro rata share of such tax allocable to the electrical energy service received by Tenant shall be passed on to, included in the ▇▇▇▇ of and paid by Tenant. (c) Landlord's reasonable charges to be established by Landlord from time to time for use of heat during non-Business Hours shall be paid by the tenant(s) requesting the additional heat in accordance with Section 4.2(b) below. Tenant shall pay its proportionate share of Landlord's charges as Additional Rent within fifteen (15) days of receiving Landlord's ▇▇▇▇. (d) During the performance of Landlord's Work, Landlord shall pay as the same become due all charges for the consumption of all electricity used in connection therewith. Notwithstanding the foregoing, Tenant shall pay directly to Landlord an amount equal to $0.10 multiplied by the Rentable Area of the Demised Premises for the consumption of electricity used in the Demised Premises during the concurrent performance of the Tenant Improvements and Landlord's Work. In the event that the period of concurrent performance of the Tenant Improvements and Landlord's Work is longer than six (6) months, then such $0.10 amount shall be proportionately increased to reflect the period of concurrent performance in excess of six (6) months. (e) Tenant will not (i) use electrical energy that, in Landlord's sole judgment, exceeds the capacity of the then existing risers, feeders and other electrical equipment of the Building, or (ii) make or perform or permit the making or performing of any alterations to wiring, installations or other electrical facilities in or serving the Demised Premises without the consent of the Landlord in each instance. Any additional risers, feeders, or other equipment proper or necessary to supply Tenant's electrical requirements, upon written request of Tenant, will be installed by Landlord, at Tenant's cost, if, in Landlord's sole judgment, those risers, feeders or other equipment are necessary to supply those requirements and will not cause permanent damage or injury to the Building or the Demised Premises, or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. (f) Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant sustains or incurs if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements. (g) Landlord reserves the right to discontinue furnishing electricity to Tenant in the Demised Premises on not less than ninety (90) days' notice to Tenant. If Landlord exercises such right to discontinue, or is compelled to discontinue furnishing electricity to Tenant, this Lease shall continue in full force and effect and shall be unaffected thereby, except only that from and after the effective date of such discontinuance, Landlord shall not be obligated to furnish electricity to Tenant. If Landlord so discontinues furnishing electricity to Tenant, Tenant shall arrange to obtain electricity directly from the public utility or other company servicing the Building. Such electricity may be furnished to Tenant by means of the then existing electrical facilities serving the Demised Premises to the extent that the same are available, suitable and safe for such purposes. All meters and all additional panel boards, feeders, risers, wiring and other conductors and equipment which may be required to obtain electricity, of substantially the same quantity, quality and character, shall be installed by Landlord, at Tenant's sole cost and expense, provided that such costs are competitive in the market and provided further that such costs shall be at Landlord's expense if Landlord voluntarily discontinues furnishing electricity. Landlord shall not voluntarily discontinue furnishing electricity to Tenant unless it likewise discontinues furnishing electricity to all tenants of office space on the same floor of the Building, or until Tenant is able to receive electricity directly from the public utility or other company servicing the Building. 4.2 Landlord shall provide to the Demised Premises: (a) Necessary elevator facilities during Business Hours and at least one passenger elevator subject to call at all other times, consistent with other similar first class suburban office buildings in Fairfield County. (b) Heat and air-conditioning through the Building systems. The HVAC System shall be designed to maintain (a) 75 (+1(0)) degrees Fahrenheit dry bulb when outdoor conditions are 91 degrees Fahrenheit dry bulb and 76 degrees Fahrenheit wet bulb and (b) 70 degrees Fahrenheit dry bulb when outdoor conditions are 0 degrees Fahrenheit dry bulb. Total air distribution shall be designed to provide not less than 0.9 CFM per usable square foot and will be controlled by a Building Management System. Building air conditioning supply air systems shall be designed with minimum 75% efficiency air filters. Tenant shall cause all operable windows, if any, in the Demised Premises to be kept closed (except for cleaning purposes), shall keep entirely unobstructed all heat and air-conditioning vents, intakes, outlets and grilles at all times and shall comply with and observe all regulations and requirements prescribed by Landlord for the proper functioning of the HVAC systems. The HVAC for the Building is designed based upon (i) electrical heat dissipation load of four (4) ▇▇▇▇▇ per usable square foot, and (ii) occupancy rate of 1 person per 100 usable square feet and shades fully closed to limit exposure to direct solar radiation. Air conditioning for the Demised Premises will be provided by separate package units (4 per floor of the

Service and Utilities. Subject to the provisions of Sections 10 and 11.d below, services shall be provided by the Landlord in accordance with Sections 7.01 and 7.02 of the Prime Lease. Any usage by Subtenant of HVAC services outside the days and hours specified in the Prime Lease for such service to the Leased Premises shall supply, subject be at Subtenant’s sole cost and expense pursuant to its ability to obtain Section 7.02 of the same Prime Lease. Subtenant shall request such after-hours HVAC service directly from the public Landlord (unless the Landlord refuses to accept such requests from Subtenant, in which event requests shall be made to Sublandlord) and shall make all payments on account thereof to Sublandlord within ten (10) days after written demand therefor. Sublandlord will not request any additional services under Section 7.02 of the Prime Lease for the Sublet Premises without Subtenant’s consent. Except as set forth below, no interruption in any utility furnishing electricity service to the BuildingSublet Premises shall give Subtenant any right to terminate this Sublease or shall give rise to any claim for set-off or any abatement of Rent or of any of Subtenant’s obligations under this Sublease when such interruption results from any cause other than the negligence or willful misconduct of Sublandlord or Sublandlord’s agents or employees. Notwithstanding the foregoing, electrical power (a) in the event that Sublandlord is entitled to an abatement of rent under Section 7.03 of the Prime Lease by reason of Landlord’s failure to deliver essential services to a portion of the Leased Premises which includes some or all of the Sublet Premises, Subtenant shall receive a corresponding abatement of rent under this Sublease based on the extent to which such failure by Landlord has rendered part or all of the Sublet Premises untenantable, and (b) in the event that Sublandlord would be entitled to exercise a right of self-help with respect to the Building including the Demised Sublet Premises (through equipment and facilities installed by Tenant as part pursuant to Section 7.03 of the Tenant Improvements) and the common areas. Exclusive Prime Lease by reason of HVACLandlord’s failure to deliver essential services thereto, Landlord shall provide six (6) ▇▇▇▇▇ per usable square feet of space in the Demised Premises, on a connected load basis, for light and power. The obligations of the Landlord hereunder shall be subject to any rules and regulations of the authority providing electricity to Landlord. Tenant Sublandlord shall, at Tenant's the written request of Subtenant and at Subtenant’s sole cost and expense, and exercise in accordance with Schedule D hereof, install as part a reasonable manner such rights of self-help. Subtenant shall not connect to the Building’s electrical system any equipment which operates in excess of the Tenant Improvements, submeters current capacity of such system as specified in ---------- the Demised Premises to measure Tenant's electrical consumption for light and power and air conditioning therein and Landlord shall furnish electricity to the Demised Premises on a submetered basis. The cost of Tenant's electrical consumption in the Demised Premises shall be paid by Tenant to Landlord, as Additional Rent hereunder and shall be charged to Tenant by applying the then current electricity supplier's rate as charged to Landlord ("Landlord's Rate"Section 7.01(h) to the consumption determined by the submeter readings and adding thereto an amount equal to one half (1/2%) percent of the amount which is the result of such application, for Prime Lease without Sublandlord’s and Landlord's administrative costs in supplying electric to the Demised Premises on a submetered basis. Bills for such amounts shall be rendered to Tenant monthly and shall be payable by Tenant within twenty (20) Business Days after the date so rendered. The obligations of Landlord hereunder shall be subject to any rules and regulations of the authority providing electricity to Landlord. For the purpose of this Section 4.1(b) the rate to be paid by Tenant shall include any taxes, energy charges, demand charges, fuel adjustment charges, rate adjustment charges, or other charges imposed by the utility company or any governmental body in connection therewith. If any tax shall be imposed upon Landlord's receipts from the sale or resale of electrical energy to Tenant by any federal, state, city or local authority, the pro rata share of such tax allocable to the electrical energy service received by Tenant shall be passed on to, included in the ▇▇▇▇ of and paid by Tenant’s prior written consent.