Common use of Services and Utilities Clause in Contracts

Services and Utilities. 9.01 Utilities --------- (a) Tenant shall be solely responsible for supplying all utilities, heating and air-conditioning equipment in such manner as a reasonable, prudent owner of the Premises would do. Tenant shall promptly pay for, as and when they fall due, all costs of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other services to or used in respect of the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, Landlord shall not be liable for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with any services or utilities provided to or in respect of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) the use or occupancy of the Premises, or (ii) the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premises.

Services and Utilities. 9.01 Utilities --------- (a) Provided that Tenant shall is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be solely responsible for supplying all utilitiesdetermined by Landlord at his sole discretion, heating and air-conditioning equipment in such manner as a reasonable, prudent owner subject to the rules and regulations of the Building of which the Premises would do. Tenant shall promptly pay forare a part, as electricity for normal lighting and when they fall duefractional horsepower office machines, all costs of supplying hot heat and cold water, electricity, fuel, gas, steam, sewer charges air conditioning required in Landlord’s judgment for the comfortable use and other utilities, forms of energy, or other services to or used in respect occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, are a part. Landlord shall not be liable for for, and Tenant shall not be entitled to, any indirect or consequential losses or damages or reduction of rental by reason of Landlord’s failure to furnish any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord or those for whom it is reserves the right to install supplementary air conditioning units in law responsible. (c) Tenant shall promptly pay as the Premises and when the same cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be payable all costs for all fittingspaid by Tenant to Landlord upon demand by Landlord. Tenant will not, machine apparatuswithout written consent of Landlord, connectionsuse any apparatus or device in the Premises, including, but not limited to telephone installationwithout limitation thereto, electronic data processing machines, punch card machines, and meters and all workmachines using in excess of 120 volts, services and rental charges, charged which will in any way increase the amount of electricity usually furnished or performed in connection with any services or utilities provided to or in respect supplied for the use of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of as general office space; nor connect with electric light bulbs, tubes, starters and ballasts current except through existing electrical outlets in the Premises. (d) Tenant's use , any apparatus or device, for the purpose of any such utilities shall not exceed the available capacity of the existing systems from time to timeusing electric current. If Tenant desires at any time to obtain any such utilities shall require water or electric current in excess of such available capacitythat usually furnished or supplied for the use of the Premises as general office space, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to shall first procure the prior written consent of Landlord. (e) , which Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) may refuse, to the use thereof and Landlord may cause a water meter or occupancy of electrical current meter to be installed in the Premises, or (ii) so as to measure the electrical or other power amount of water and electric current consumed on for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the PremisesTenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, or (iii) at the configuration of partitions or other items on rates charged for such services by the Premiseslocal public utility furnishing the same, or (iv) the failure of Tenant to keep the equipment plus any additional expense incurred in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling keeping account of the Premiseswater and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.

Services and Utilities. 9.01 Utilities --------- Lessee shall pay during the Lease Term (aand prior to delinquency) Tenant shall be solely responsible all charges for supplying all utilitieswater, heating gas, light (including, without limitation, replacement ballasts, tubes and air-conditioning equipment in such manner as a reasonablebulbs), prudent owner of the Premises would do. Tenant shall promptly pay forheat, as and when they fall dueair conditioning, all costs of supplying hot and cold waterpower, electricity, fueltelephone, gasjanitorial service, steamtrash pick-up, sewer charges and other utilities, forms of energy, or all other services supplied to or used in respect of consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Lessee’s obligations hereunder, and Lessee shall faithfully keep and observe all of the Tenant's operation therein. (b) If the heating terms, conditions and cooling equipment shall require maintenancecovenants of this Lease and pay all Rentals due hereunder without diminution, repair credit or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, deduction. Lessor shall not be liable under any circumstances for any losses injury to or damages arising from the resulting lack death of heating or cooling andloss or damage to persons or property or damage to Lessee’s business, in any eventhowever occurring, Landlord shall not be liable for any indirect through or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with or incidental to failure to furnish any services or utilities provided to or in respect of the Premises including foregoing. Lessee shall not connect or permit connection with electric current, gas or water supply lines, except through existing electrical outlets, gas lines or water lines, respectively, servicing the costs Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to the Premises, Lessee shall first procure the written consent of maintaining Lessor, which Lessor may refuse for any reason, to the use thereof and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of Lessor may cause a water, gas meter or electric light bulbs, tubes, starters and ballasts current meter to be installed in the Premises. (d) Tenant's use Premises so as to measure the amount of water, gas and electric current consumed for any such use. The cost of any such utilities meters and of installation, maintenance and repair thereof shall be paid for by the Lessee and Lessee agrees to pay Lessor, as additional rent promptly upon demand therefor by Lessor, for all such water, gas and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the available capacity of any utility facilities now located within the existing systems from time to timePremises or the Building. If Tenant desires at any time to obtain any such utilities in excess of such available Lessee requires additional capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity subject to is furnished, Lessee shall pay on demand and as additional rent the prior written consent of Landlordcosts thereof, including without limitation installation, operation, repair and maintenance costs. (e) Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) the use or occupancy of the Premises, or (ii) the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premises.

Services and Utilities. 9.01 Utilities --------- (a) Tenant shall be solely responsible for supplying all utilities, heating and air-conditioning equipment in such manner as a reasonable, prudent owner of the Premises would do. Tenant shall promptly pay for, as and when they fall due, all costs of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other services to or used in respect of the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, Landlord shall not be liable for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of obligated to furnish to the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with Premises any services or utilities provided (including, without limitation, janitorial services), and Tenant shall contract directly with the providers of all services and utilities Tenant desires to or in respect of receive at the Premises including the costs of maintaining Premises, at Tenant’s sole cost and repairing all such itemsexpense. Tenant shall pay have the total cost right to add alternative electricity sources such as additional solar panels, the installation of which shall be subject to Section 3.4. Landlord is not responsible for the furnishing of, or any interruption, diminishment or termination of, services or utilities, whether due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, or utility interruptions, and carry out no such interruption, diminishment, or termination shall render Landlord liable to Tenant, give rise to an abatement of Rent, or relieve Tenant from the obligation to fulfill any replacement covenant or agreement. Except as expressly set forth in Article 9, below, Landlord shall in no event be required under any provision of electric light bulbsthis Lease or applicable Law to maintain or repair or to make any alterations, tubesrebuildings, starters replacements, changes, additions or improvements on or off the Premises during the Term of this Lease. Tenant acknowledges that it shall be responsible for providing and ballasts procuring all other services necessary to its operations in and on the Premises. . If Tenant (dor any party claiming by, through or under Tenant) pays directly to the provider for any energy consumed at the Buildings, Tenant's use of , promptly upon request, shall deliver to Landlord (or, at Landlord’s option, execute and deliver to Landlord an instrument enabling Landlord to obtain from such provider) any such utilities shall not exceed the available capacity data about consumption that Landlord, in its reasonable judgment, is required to disclose to a prospective buyer, tenant or mortgage lender under California Public Resources Code §25402.10 or any similar law. Further, Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1932(1), 1933(4), 1941 and 1942 of the existing systems California Civil Code or any similar or successor laws now or hereinafter in effect. At Landlord’s request, Tenant shall provide Landlord information regarding Tenant’s energy usage at the Premises from time to time. If Tenant desires at any time to obtain any (provided that Landlord shall hold such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject information confidential to the prior written consent extent Landlord is not required to disclose such information pursuant to Applicable Law, nothing in this sentence being deemed to prohibit Landlord from utilizing such information to make public statements about the sustainability profile or “green” nature of Landlord. (e) Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) the use or occupancy of the Premises, or (ii) the electrical or other power consumed on the PremisesLandlord’s affiliates, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premisesproperties).

Services and Utilities. 9.01 Utilities --------- Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, and other utilities and services used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. In the event that any electric light bulbs, tubes and ballasts servicing the Premises require replacement, Landlord shall provide such replacement within a reasonable period of time and notice from Tenant and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (a10) business days of Landlord’s demand. Landlord shall furnish all battery packs for emergency lighting and fire extinguishers and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as determined by Landlord, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be solely responsible for supplying all utilitiesimmediately payable to Landlord on demand and shall be additional rent hereunder. Tenant will not, heating and air-conditioning equipment in such manner as without the written consent of Landlord, contract with a reasonable, prudent owner of utility provider to service the Premises would do. Tenant shall promptly pay for, as and when they fall due, all costs of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other services to or used in respect of the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, Landlord shall not be liable for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connectionsutility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to telephone installationother tenants in the Building. In the event that Landlord establishes a cafeteria in the Building, upon Tenant’s request, Landlord shall, at its sole cost and meters and all workexpense, arrange for such cafeteria to be separately metered. Landlord shall in no event be liable for any interruption or failure of utility services and rental charges, charged on or performed in connection with any services or utilities provided to or in respect of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) the use or occupancy of the Premises, or (ii) the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premises.

Services and Utilities. 9.01 Utilities --------- (a) Provided that Tenant shall is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours on generally recognized business days, to be solely responsible for supplying all utilitiesdetermined by Landlord at his sole discretion, heating and air-conditioning equipment in such manner as a reasonable, prudent owner subject to the rules and regulations of the Building of which the Premises would do. Tenant shall promptly pay forare a part, as electricity for normal lighting and when they fall duefractional horsepower office machines, all costs of supplying hot heat and cold water, electricity, fuel, gas, steam, sewer charges air conditioning required in Landlord’s judgment for the comfortable use and other utilities, forms of energy, or other services to or used in respect occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, are a part. Landlord shall not be liable for for, and Tenant shall not be entitled to, any indirect or consequential losses or damages or reduction of rental by reason of Landlord’s failure to furnish any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord or those for whom it is reserves the right to install supplementary air conditioning units in law responsible. (c) Tenant shall promptly pay as the Premises and when the same cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be payable all costs for all fittingspaid by Tenant to Landlord upon demand by Landlord. Tenant will not, machine apparatuswithout written consent of Landlord, connectionsuse any apparatus or device in the Premises, including, but not limited to telephone installationwithout limitation thereto, electronic data processing machines, punch card machines, and meters and all workmachines using in excess of 120 volts, services and rental charges, charged which will in any way increase the amount of electricity usually furnished or performed in connection with any services or utilities provided to or in respect supplied for the use of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of as general office space; nor connect with electric light bulbs, tubes, starters and ballasts current except through existing electrical outlets in the Premises. (d) Tenant's use , any apparatus or device, for the purpose of any such utilities shall not exceed the available capacity of the existing systems from time to timeusing electric current. If Tenant desires at any time to obtain any such utilities shall require water or electric current in excess of such available capacitythat usually furnished or supplied for the use of the Premises as general office space, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to shall first procure the prior written consent of Landlord. (e) , which Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) may refuse, to the use thereof and Landlord may cause a water meter or occupancy of electrical current meter to be installed in the Premises, or (ii) to measure the electrical or other power amount of water and electric current consumed on for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid by the PremisesTenant and Tenant agrees to pay Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, or (iii) at the configuration of partitions or other items on rates charged for such services by the Premiseslocal public utility furnishing the same, or (iv) the failure of Tenant to keep the equipment plus and additional expense incurred in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling keeping account of the Premiseswater and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.

Services and Utilities. 9.01 Utilities --------- (a) Tenant Landlord shall be solely responsible for supplying all utilitiesmaintain the Building Common Areas, heating and air-conditioning equipment in such manner as a reasonable, prudent owner the common areas of the Premises would do. Tenant shall promptly pay forOffice Park, as the windows in the Building, the mechanical, plumbing and when they fall dueelectrical equipment serving the Building, all costs of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other services to or used in respect of the Premises and the structure itself, in reasonably good order and condition, except for damage occasioned by the act of Tenant, which damage Landlord shall repair at Tenant's operation thereinexpense. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Provided Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from in default hereunder, and subject to the resulting lack provisions elsewhere herein contained and to the rules and regulations of heating or cooling andthe Building, Landlord agrees to furnish to the Premises janitorial services during the times and in the manner that such services are, in any eventLandlord's judgment, customarily furnished in comparable office buildings in the immediate market area, elevator service and water service. Landlord shall not be liable also furnish the Building Common Areas with heat, air conditioning, electric and water required in Landlord's judgment for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result the use of the negligence Building Common Areas. Landlord shall establish separate electrical service and metering of the Landlord or those Premises. All electric bills associated with the separate meters shall be sent directly to Tenant for whom it is in law responsiblepayment. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with any services or utilities provided to or in respect of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord shall not be responsible in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the inadequacy of any heating or cooling of the Premises if rental herein reserved be abated by reason of, (i) the installation, use or occupancy interruption of use of any equipment in connection with the furnishing of any of the foregoing utilities and services, (ii) failure to furnish, or delay in furnishing, any such utilities or services when such failure or delay shall be caused by acts of God or the elements, labor disturbances of any character, any other accidents or other conditions which shall be beyond the reasonable control of Landlord, or by the making of repairs or improvements to the Premises, to the Building or (ii) to the electrical or other power consumed on the PremisesOffice Park, or (iii) the configuration limitation, curtailment, rationing or restriction on use of partitions water, electricity, gas or any other form of energy or any other service or utility whatsoever which shall serve the Premises or the Building. Furthermore, Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental agencies or utilities suppliers in reducing energy or other items on resource consumption, not to affect the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the PremisesTenant's separate meter.

Services and Utilities. 9.01 Utilities --------- (a) Tenant shall Lessor agrees to furnish to the premises during reasonable hours of generally recognized business days, to be solely responsible for supplying all utilitiesdetermined by Lessor, heating and air-conditioning equipment in such manner as a reasonable, prudent owner subject to the rules and regulations of the Premises would do. Tenant shall promptly pay forbuilding of which the premises are a part, as water and when they fall due, all costs of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other services to or used in respect electricity suitable for the intended use of the Premises premises, heat and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange air conditioning necessary for the necessary work to be done at its expenses by contractors approved by comfortable use and occupation of the Landlordpremises, or Landlord may at its optionand janitorial service. Lessor shall also maintain and keep lighted the common stairs, attend to entries and toilet rooms in the same at Tenant's expense with reasonable promptness having regard to building of which the then existing climatic conditions but in any event Landlord, having so attended, demised premises are a part. Lessee shall not be liable entitled to any abatement or reduction of rental by reason of Lessor's failure to furnish any of the foregoing when such failure is caused by accidents, breakage, repairs, strikes, lockouts of other labor disturbances or labor disputes of any character, or by any other similar cause, beyond the reasonable control of Lessor; provided, should Lessor fail to furnish such services for a continuous period of time in excess of ten (10) days unless the result of causes beyond Lessor's reasonable control, Lessee shall, as of the eleventh (11th) day have the right to reduce its rental by reason of such failure to supply services. Wherever heat generating machines or equipment are used in the premises which affect the temperature otherwise maintained by the air conditioning system. Lessor reserves the right to install supplementary air conditioning units in the premises and the cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Lessee to Lessor upon demand by Lessor. Lessee will not, without the written consent of Lessor, use any apparatus or device in the premises, including but without limitation thereto, computers, electronic data processing machines, punch card machines and machines using current in excess of 110 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the premises as general office space; nor connect with electric current, except through existing electrical outlets in the premises, or water pipes, any apparatus or device, for the purposes of using electric current or water. If Lessee shall require water or electric current in excess of that usually furnished or supplied for use of the premises as general office space, Lessee shall first procure the consent of Lessor, which Lessor may refuse, to the use thereof and Leasee may cause a water meter or electric current meter to be installed in the premises, so as to measure the amount of water and electric current consumed for any losses or damages arising from the resulting lack of heating or cooling and, in any event, Landlord shall not be liable for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with any services or utilities provided to or in respect of the Premises including the costs of maintaining and repairing all such itemsuse. Tenant shall pay the total The cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use of any such utilities meters and installation, maintenance and repair thereof shall not exceed be paid for by Lessee and Lessee agrees to pay to Lessor promptly upon demand therefor by Lessor for all such water and electric current consumed as shown by said meters, at the available capacity rates charged for such services by the local public utility furnishing the same, plus any additional expenses incurred in keeping account of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply water and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlordelectric current so consumed. (e) Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) the use or occupancy of the Premises, or (ii) the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premises.

Services and Utilities. 9.01 Utilities --------- (a) A. Tenant shall be solely responsible pay directly for supplying all utilitieswater, heating gas, heat, air conditioning, light, power, telephone, sewer, sprinkler charges and air-conditioning equipment in such manner as a reasonableother utilities and services used on or from the Premises, prudent owner of together with any taxes, penalties, surcharges or the Premises would dolike pertaining thereto, and maintenance charges for utilities and shall furnish all electric light bulbs, ballasts and tubes. Tenant shall promptly have the right to conduct its business operations within the Premises, and to receive reasonable quantities of water, electricity and HVAC in connection therewith, seven (7) days per week, twenty-four (24) hours per day. If any such services are not separately billed or metered to Tenant, Tenant shall pay fora proportion, as determined by Landlord, of all charges jointly serving other premises. All sums payable under this Paragraph 15 shall constitute Additional Rent hereunder. Landlord shall use reasonable efforts to reasonably capture any material benefit available through deregulation of electricity supply or of the supply of other utilities. B. Tenant acknowledges that Tenant has inspected and when they fall due, all costs of supplying hot and cold accepts the water, electricity, fuel, gas, steam, sewer charges heat and air conditioning and other utilitiesutilities and services being supplied or furnished to the Premises as of the date Tenant takes possession of the Premises, forms if any, as being sufficient in their present condition, "as is," for the Permitted Use, and for Tenant's intended operations in the Premises. C. Tenant shall not without written consent of energyLandlord (which consent shall not be unreasonably withheld, delayed or conditioned) use any apparatus, equipment or device in the Premises, including without limitation, computers, electronic data processing machines, copying machines, and other machines, using excess lighting or using electric current, water, or any other services to resource in excess of or used which will in respect any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, in each case as of the Tenant's operation therein. (b) date Tenant takes possession of the Premises as reasonably determined by Landlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If the heating and cooling equipment Tenant shall require maintenancewater or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises, repair or replacementif any, as reasonably determined by Landlord, Tenant shall promptly arrange for first procure the necessary work to be done at its expenses by contractors approved by the Landlord, or written consent of Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, (which consent shall not be liable unreasonably withheld, delayed or conditioned), to the use thereof, and Landlord may cause a special meter to be installed in the Premises 40 so as to measure the amount of water, electric current or other resource consumed for any losses such other use. Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the cost of all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or damages arising from other equipment necessary to furnish such additional resources, energy, utility or service). Landlord may add to the resulting lack separate or metered charge a recovery of heating additional expense incurred in keeping account of the excess water, electric current or cooling and, in any event, other resource so consumed. Landlord shall not be liable for any indirect damages directly or consequential losses or damages indirectly resulting from nor shall the Rent or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of monies owed Landlord under this Lease herein reserved be abated by reasons of: (a) the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged use or performed interruption of use of any equipment used in connection with the furnishing of any such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof; (b) the failure to furnish or delay in furnishing any such utilities provided or services when such failure or delay is caused by acts of God or the elements, labor disturbances of any character, or any other accidents or other conditions beyond the reasonable control of Landlord or because of any interruption of service due to or in respect of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use of water, electric current or other resource in excess of that being supplied or furnished for the use of the Premises as of the date Tenant takes possession of the Premises; or (c) the inadequacy, limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or Project otherwise; or (d) the partial or total unavailability of any such utilities or services to the Premises or the Building, whether by Regulation or otherwise; nor shall not exceed any such occurrence constitute an actual or constructive eviction of Tenant. Landlord shall further have no obligation to protect or preserve any apparatus, equipment or device installed by Tenant in the available capacity Premises. In addition, Landlord reserves the right to change the supplier or provider of the existing systems any such utility or service from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacityLandlord may, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord but shall not be responsible obligated to, upon notice to Tenant, contract with or otherwise obtain any electrical or other such service for or with respect to the Premises or Tenant's operations therein from any supplier or provider of any such service. Tenant shall cooperate with Landlord and any supplier or provider of such services designated by Landlord from time to time to facilitate the delivery of such services to Tenant at the Premises and to the Building and Project, including without limitation allowing Landlord and Landlord's suppliers or providers, and their respective agents and contractors, reasonable access to the Premises for the inadequacy purpose of installing, maintaining, repairing, replacing or upgrading such service or any heating equipment or cooling machinery associated therewith. Subject to Paragraph 35 of this Lease, for service or utilities that Landlord is required to supply to the Premises hereunder, but is actively negligent in adequately providing or altogether fails to provide, Tenant's Rent shall be abated or reduced for such period of time that the Premises or portion thereof is not supplied with such services or utilities, in proportion to the rentable square feet of the Premises if (i) that is so affected bears to the use or occupancy of the Premises, or (ii) the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling total rental square feet of the Premises. D. Landlord acknowledges and agrees to Tenant's exclusive use, operation, maintenance, repair and security protection of those certain underground conduit, vault and equipment facilities within the Project for Tenant's telecommunication cabling and equipment. Furthermore, Tenant agrees to and accepts complete and full responsibility and control of the facilities described in the preceding sentence.

Services and Utilities. 9.01 Utilities --------- (a) 17.a. Provided that Tenant is not in default hereunder, except as otherwise specifically provided herein, Landlord shall be solely responsible pay all charges for supplying all utilities, heating and air-conditioning equipment in such manner as a reasonable, prudent owner of the Premises would do. Tenant shall promptly pay for, as and when they fall due, all costs of supplying hot and cold water, electricity, fuelheat, gas, steamsewer and electricity. In particular, sewer charges Landlord agrees to provide for the Premises during reasonable hours of generally recognized business days, as determined by Landlord in its sole reasonable discretion and other utilities, forms of energy, or other services subject to or used in respect the Rules and Regulations of the Premises Building, electricity for normal lighting and the Tenantfractional horsepower office machines, heat and air conditioning required in Landlord's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange reasonable judgement for the necessary work to comfortable use and occupation of the Premises. Landlord shall be done at its expenses by contractors approved by responsible for trash and snow removal and janitorial service for the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, common areas. Landlord shall not be liable for for, and Tenant shall not be entitled to, any indirect or consequential losses or damages or any damages for personal discomfort arising from reduction of rental by reason of Landlord's failure to furnish any lack of heating or cooling unless caused as a result of the negligence foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts, or any other cause which is beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of profits or consequential damages or injury to property, however occurring, which is incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord or those for whom it is reserves the right to install supplementary air conditioning units in law responsiblethe Premises and the cost thereof, including the cost of installation and the cost of operation and maintenance, shall be paid by Tenant to Landlord upon demand. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with any services or utilities provided to or in respect of the Premises including the costs of maintaining and repairing all such items17.b. Tenant shall pay the total cost of and carry out any replacement of electric light bulbsnot, tubes, starters and ballasts in the Premises. (d) Tenant's use of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to without the prior written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect any apparatus or device with electric current except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord may refuse, and Landlord may cause a water meter or electrical current meter to be installed in the Premises so as to measure the amount of water and electric current consumed for any such use. The cost of any such meters and of the installation, maintenance and repair thereof shall be paid by Tenant and Tenant agrees to pay Landlord, promptly upon demand therefor, for all water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for water and electric current will be established by an estimate made by a utility company or electrical engineer or by the mutual agreement of the parties. (e) Landlord 17.c. Tenant shall not pay all charges for telephone service. Tenant shall be responsible for the inadequacy of any heating or cooling normal maintenance and upkeep of the Premises if (i) and for all janitorial services to the use or occupancy of the Premises, or (ii) the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant Premises and agrees to keep the equipment Premises in good maintenance or repair or (v) a good, clean, safe, sanitary condition during the failure term of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premisesthis Lease.

Services and Utilities. 9.01 Utilities --------- (a) Provided that Tenant shall is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be solely responsible for supplying all utilitiesdetermined by Landlord at his sole descretion, heating and air-conditioning equipment in such manner as a reasonable, prudent owner subject to the rules and regulations of the Building of which the Premises would do. Tenant shall promptly pay forare a part, as electricity for normal lighting and when they fall duefractional horsepower office machines, all costs of supplying hot heat and cold water, electricity, fuel, gas, steam, sewer charges air conditioning required in Landlord's judgment for the comfortable use and other utilities, forms of energy, or other services to or used in respect occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries, and toilet rooms in the Building of which the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, are a part. Landlord shall not be liable for for, and Tenant shall not be entitled to, any indirect or consequential losses or damages or reduction of rental by reason of Landlord's failure to furnish any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occuring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord or those for whom it is reserves the right to install supplementary air conditioning units in law responsible. (c) Tenant shall promptly pay as the Premises and when the same cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be payable all costs for all fittingspaid by Tenant to Landlord upon demand by Landlord. Tenant will not, machine apparatuswithout written consent of Landlord, connectionsuse any apparatus or device in the Premises, including, but not limited to telephone installationwithout limitation thereto, electronic data processing machines, punch card machines, and meters and all workmachines using in excess of 120 volts, services and rental charges, charged which will in any way increase the amount of electricity usually furnished or performed in connection with any services or utilities provided to or in respect supplied for the use of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of as general office space; nor connect with electric light bulbs, tubes, starters and ballasts current except through existing electrical outlets in the Premises. (d) Tenant's use , any apparatus or device, for the purpose of any such utilities shall not exceed the available capacity of the existing systems from time to timeusing electric current. If Tenant desires at any time to obtain any such utilities shall require water or electric current in excess of such available capacitythat usually furnished or supplied for the use of the Premises as general office space, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to shall first procure the prior written consent of Landlord. (e) , which Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) may refuse, to the use thereof and Landlord may cause a water meter or occupancy of electrical current meter to be installed in the Premises, or (ii) so as to measure the electrical or other power amount of water and electric current consumed on for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the PremisesTenant and Tenant agrees to pay to Landlord promptly upon demand therefore by Landlord for all such water and electric current consumed as shown by said meters, or (iii) at the configuration of partitions or other items on rates charged for such services by the Premiseslocal public utility furnishing the same, or (iv) the failure of Tenant to keep the equipment plus any additional expense incurred in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling keeping account of the Premiseswater and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.

Services and Utilities. 9.01 Utilities --------- (a) Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises, during normal business hours of generally recognized business days, the utilities and services described herein, including water, electricity for operating common areas during hours determined by Landlord in its sole discretion and subject to the Rules and Regulations of the Building or Project. If Tenant desires any of these services at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall be solely responsible for supplying all utilitiespay Landlord's charges therefore on demand. Landlord shall also keep lighted the common stairs, heating common entries and air-conditioning equipment restroom(s) in such manner as a reasonable, prudent owner of the Premises would doProject. Tenant shall promptly pay for, as and when they fall due, all costs of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other services to or used in respect of the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be in default hereunder or be liable for any losses damages directly or damages arising from indirectly resulting from, nor shall the resulting lack Rent be abated by reason of heating or cooling and, in any event, Landlord shall not be liable for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with any services or utilities provided to or in respect of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) the installation, use or occupancy interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or by any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, the Building or (ii) the electrical or other power consumed on the PremisesProject, or (iii) the configuration limitation, curtailment or rationing of, or restrictions on, use of partitions water, electricity, gas or any other items on form of energy serving the Premises, the Building, or (iv) the Project. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained, 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 keep Landlord upon demand by Landlord. Tenant shall not consume water in excess of that usually furnished or supplied for the equipment use of premises as general office space (as determined by the Landlord) without first procuring the written consent of Landlord, which Landlord may refuse, and, in good the event of consent, Landlord may have installed a water meter in the Premises to measure the amount of water consumed. The cost of any such meter and of its installation, maintenance or and repair or (v) shall be paid for by the failure of Tenant, and Tenant agrees to adequately shade exterior windowspay promptly as and when bills are rendered for all such water consumed as shown by said meters, interferes with or impairs at the functioning of equipment rates charged for heating or cooling such services by the local public utility plus any additional expense incurred by Landlord in keeping account of the water so consumed. If a separate meter is not installed, the excess cost for such water shall. be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. If Landlord has installed separate metering of electricity furnished to the Premises, the cost of maintenance and repair of such metering shall be paid by Tenant. Tenant agrees to cause all bills for its use of electricity to be sent and charged directly to Tenant and Tenant agrees to promptly pay such electrical bill ▇▇ and when rendered for all such electricity consumed as shown by said metering at utility rates charged by said public utility. Tenant agrees not to connect any apparatus with electric current except through existing electrical outlets in the Premises. Landlord shall furnish heating, ventilation, and air conditioning ("HVAC"), elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in the manner that such services are customarily furnished to comparable office building in.the area. Tenant at his sole cost and expense shall provide for itself all other services including telephone services chargeable to the Premises not herein supplied by Landlord.

Services and Utilities. 9.01 Utilities --------- (a) Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as determined by Landlord, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be solely responsible for supplying all utilitiesimmediately payable to Landlord on demand and shall be additional rent hereunder. Tenant will not, heating and air-conditioning equipment in such manner as without the written consent of Landlord, contract with a reasonable, prudent owner of utility provider to service the Premises would do. Tenant shall promptly pay for, as and when they fall due, all costs of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other services to or used in respect of the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, Landlord shall not be liable for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connectionsutility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with any services or utilities provided to or in respect of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts other tenants in the Premises. (d) Tenant's use Building. Landlord shall in no event be liable for any interruption or failure of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts utility services on or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord shall not be responsible for Premises. However, notwithstanding the inadequacy of any heating foregoing, if the Premises, or cooling of the Premises if (i) the use or occupancy a material portion of the Premises, are made untenantable for a period in excess of five (5) consecutive business days solely as a result of an interruption, diminishment or termination of services due to Landlord’s gross negligence or willful misconduct and such interruption, diminishment or termination of services is otherwise reasonably within the control of Landlord to correct (ii) a “Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of the electrical or other power consumed Monthly Installment of Rent and Tenant’s Proportionate Share of Expenses and Taxes payable hereunder during the period beginning on the Premises, or sixth (iii6th) consecutive business day of the configuration of partitions or other items Service Failure and ending on the Premisesday the interrupted service has been restored. If the entire Premises have not been rendered untenantable by the Service Failure, or (iv) the failure amount of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premisesabatement shall be equitably prorated.

Services and Utilities. 9.01 Utilities --------- (a) Tenant Provided that LICENSEE is not in default hereunder, LICENSOR agrees to furnish to the Premises during business days and hours as herein described, to be determined by LICENSOR at its sole discretion, and subject to the rules and regulations of the County of Fresno, electricity for normal lighting, equipment usage, and heat and air conditioning required in LICENSOR'S judgment for the comfortable use and occupation of the Premises. LICENSEE shall be solely responsible for supplying all utilities, heating and notify LICENSOR of times other than normal working hours when the air-conditioning equipment and/or heating will be needed for functions under LICENSEE'S jurisdiction. Said notification shall be given at least five (5) working days prior to the event. LICENSOR shall also maintain and keep lighted the common stairs, common entries and toilet rooms in such manner as the building of which the Premises are a reasonablepart. LICENSOR shall not be liable for, prudent owner and LICENSEE shall not be entitled to, any reduction of License Fee by reason of LICENSOR'S failure to furnish any of the Premises would do. Tenant shall promptly pay forforegoing when the failure is caused by accident, as and when they fall duebreakage, all costs repairs, strikes, lockouts or other labor disturbances or labor disputes of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energyany character, or by any other services cause, similar or dissimilar, beyond the reasonable control of LICENSOR. LICENSOR shall not be liable in any circumstances for a loss or injury to property, however occurring, through or in connection with or incidental to the failure to furnish any of the foregoing. Wherever heat generating equipment is used in respect of at the Premises which affect the temperature otherwise maintained by the air conditioning system, LICENSOR reserves the right to install supplementary air conditioning units on the Premises and the Tenant's operation therein. (b) If cost thereof, including the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack cost of heating or cooling and, in any event, Landlord shall not be liable for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with any services or utilities provided to or in respect of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of operation and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use of any such utilities maintenance thereof shall not exceed the available capacity of the existing systems from time be paid by LICENSEE to timeLICENSOR upon demand by LICENSOR. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts furnished or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord shall not be responsible supplied for the inadequacy of any heating or cooling of the Premises if (i) the use or occupancy of the Premises, LICENSEE shall first procure the written consent of LICENSOR, which LICENSOR may refuse, to the use thereof and LICENSOR may cause a water meter or (ii) the electrical or other power consumed meter to be installed on the Premises, or (iii) so as to measure the configuration amount of partitions or other items on water and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the PremisesLICENSEE and LICENSEE agrees to pay to LICENSOR promptly upon demand thereof by LICENSOR for all such water and electric current consumed as shown by said meters, or (iv) at the failure of Tenant to keep rates charged for such services by the equipment local public utility furnishing the same, plus any additional expense incurred in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling keeping account of the Premiseswater and electric current so consumed. If a separate meter is not installed, such excess costs for such water and electric current will be established by an estimate made by a utility company or electrical engineer. Telephones shall be provided and paid for by LICENSEE.

Services and Utilities. 9.01 Utilities --------- (a) Landlord shall make available, without ▇▇▇▇-up or profit, to the Premises electricity, telephone and telecommunications utilities and services, to which Tenant may connect and activate its accounts with the applicable providers, and Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other such utilities and services used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for such utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers, provided that Landlord shall deliver possession of the Premises to Tenant with all such items in good working condition. Landlord shall also make available to the Premises, without ▇▇▇▇-up or profit, water, sewer and sprinkler system utilities and services, which utilities and services are not separately metered and shall be included within Expenses pursuant to the provisions of Article 4. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as determined by Landlord, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be solely responsible for supplying all utilitiesimmediately payable to Landlord on demand and shall be additional rent hereunder. Tenant will not, heating and air-conditioning equipment in such manner as without the written consent of Landlord, contract with a reasonable, prudent owner of utility provider to service the Premises would do. Tenant shall promptly pay for, as and when they fall due, all costs of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other services to or used in respect of the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, Landlord shall not be liable for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connectionsutility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to telephone installationother tenants in the Building. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premises. Notwithstanding anything stated above to the contrary, and meters and all workin the event essential utility services to the Premises (i.e., services and rental chargesair conditioning or electrical) are interrupted for a consecutive period of five (5) or more days, charged or performed such interruption does not arise in connection with any services or utilities provided to whole or in respect part as a result of an act or omission of Tenant or any of the Tenant Entities, such interruption is not caused by a fire or other casualty, such interruption substantially interferes with Tenant’s use of all or a substantial portion of the Premises including for the costs conduct of maintaining its business and repairing Tenant in fact ceases to use all such items. or a substantial portion of the Premises for the conduct of its business, then Tenant shall pay give Landlord written notice of such interruption and Tenant’s intention to ▇▇▇▇▇ the total cost payment of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in rent under this Lease (the Premises. “Interruption Notice”). If Landlord does not restore such essential utilities to the Premises within five (d5) Tenant's use of any such utilities shall not exceed the available capacity days after receipt of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacityInterruption Notice (the “Abatement Deadline”), then, as its sole and exclusive remedy therefor, Tenant may supply and install at its expense any special wiresimmediately ▇▇▇▇▇ or reduce the rent payable under this Lease after the Abatement Deadline until sufficient utility services are restored, conducts or other equipment necessary to provide such additional capacity subject to in the prior written consent of Landlord. (e) Landlord shall not be responsible for proportion that the inadequacy of any heating or cooling rentable area of the Premises if (i) that Tenant is prevented from using and does not use, bears to the use or occupancy total rentable area of the Premises. Further notwithstanding anything stated above to the contrary, in the event essential utility services to the Premises are interrupted for a consecutive period of three (3) or (ii) more days as the electrical result of the gross negligence or other power consumed on the Premiseswillful misconduct of Landlord or its employees or contractors, such interruption does not arise in whole or (iii) the configuration in part as a result of partitions an act or other items on the Premises, or (iv) the failure omission of Tenant to keep or any of the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windowsEntities, such interruption substantially interferes with Tenant’s use of all or impairs a substantial portion of the functioning Premises for the conduct of equipment its business and Tenant in fact ceases to use all or a substantial portion of the Premises for heating the conduct of its business, then Tenant shall give Landlord written notice of such interruption and Tenant’s intention to ▇▇▇▇▇ the payment of rent under this Lease (the “Landlord Caused Interruption Notice”). If Landlord does not restore such essential utilities to the Premises within one (1) day after receipt of the Landlord Caused Interruption Notice (the “Interruption Abatement Deadline”), then, as its sole and exclusive remedy therefor, Tenant may immediately ▇▇▇▇▇ or cooling reduce the rent payable under this Lease from the date when essential utility services ceased until the date that sufficient utility services are restored, in the proportion that the rentable area of the Premises that Tenant is prevented from using and does not use, bears to the total rentable area of the Premises.

Services and Utilities. 9.01 Utilities --------- (a) Provided that Tenant shall is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be solely responsible for supplying all utilitiesdetermined by Landlord at his sole discretion, heating and air-conditioning equipment in such manner as a reasonable, prudent owner subject to the rules and regulations of the Premises would do. Tenant shall promptly pay forBuilding of which the premises are a part, as electricity for normal lighting and when they fall duefractional horsepower office machines, all costs of supplying hot heat and cold water, electricity, fuel, gas, steam, sewer charges air conditioning required in Landlord's judgment for the comfortable use and other utilities, forms of energy, or other services to or used in respect occupation of the Premises Premises, and janitorial service. Landlord shall also maintain and keep lighted the Tenant's operation therein. (b) If common stairs, common entries and toilet rooms in the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, Building. Landlord shall not be liable for for, and Tenant shall not be entitled to, any indirect or consequential losses or damages or reduction of rental by reason of Landlord's failure to furnish any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittingsinjury to property, machine apparatushowever occurring, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged through or performed in connection with or incidental to, failure to furnish any services of the foregoing. Supplementary air conditioning units will be installed in the premises with the cost of installation and the cost of operation and maintenance thereof to be paid by Tenant to Landlord or utilities provided public utility upon demand by Landlord or utility. The nature of the business of Tenant is such that the use of electronic and electrical equipment is central to the organization. As a result, Tenant will use an amount of electrical power greater than would be used by some other tenant not engaged in a similar business. Tenant shall not connect with electric current except through existing electrical outlets in the Premises. If Tenant shall require water or electric current in respect excess of that usually furnished or supplied for the use of the Premises including the costs of maintaining and repairing all such items. in Tenant's normal business operations, Tenant shall pay first procure the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) , which Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) unreasonably refuse, to the use thereof and Landlord may cause a water meter or occupancy of electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefore by Landlord 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 furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or (ii) electrical engineer. Notwithstanding anything to the contrary contained in this Section 19, Landlord shall install, as a portion of Exhibit A, "Work Agreement," excess air conditioning and electrical or other power consumed on distribution equipment for Tenant's heat-generating equipment. In addition, Landlord shall provide separate metering, to the extent feasible, of electrical consumption in Tenant's Premises, or (iii) with the configuration intent that Tenant shall determine its own hours and methods of partitions or other items on operation and pay for such consumption direct to the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premisesutility.

Services and Utilities. 9.01 Utilities --------- (a) Tenant shall pay during the Lease Term (and prior to delinquency) all charges for water, gas, light, heat and air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all oilier services supplied to or consumed on the Premises. To the extent not separately metered to the Premises, or not arranged and paid for by Tenant, the cost of such services shall be solely responsible for supplying all utilitiesan Operating Expense and Tenant shall pay, heating and air-conditioning equipment as additional rent, a portion of such cost to Landlord as provided in such manner as a reasonable, prudent owner of the Premises would doArticle 7. Tenant shall promptly arrange and pay for, as for all gas and when electricity to the extent they fall due, all costs of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other are separately metered to the Premises. Janitorial services to or used in respect of for the Premises and telephone services required by Tenant shall also be arranged and paid for by Tenant. To the extent that gas or electricity is not separately metered to the Premises, and provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord in its sole discretion ("Business Hours"), and subject to the rules and regulations of the Building of which the Premises arc a part, Building Standard (defined in Exhibit "g") electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises. Landlord shall also maintain and keep lighted during Business Hours the common stairs, common entries and toilet rooms in the Building. The lack of shortage of any service or utility described in this Article due to any cause whatsoever shall not affect Tenant's operation therein. (b) If the heating obligations hereunder, and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for faithfully keep and observe all of the necessary work to be done at its expenses by contractors approved by the Landlordterms, conditions and covenants of this Lease and pay all Rentals due hereunder without diminution, credit or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, deduction. Landlord shall not be liable under any circumstances for any indirect injury to or consequential losses death of or damages loss or any damages for personal discomfort arising from any lack of heating damage to persons or cooling unless caused as a result of the negligence of the Landlord property or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittingsdamage to Tenant's business, machine apparatushowever occurring, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged through or performed in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintaine by the heating, ventilating and air conditioning system servicing the Premises, Landlord reserves the right to install supplementary air conditioning units in the Premises and the costs thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord as additional rent, and not as an Operating Expense. The entire cost of electricity, water, heat, air conditioning, elevator service, janitorial service and other services or and utilities provided to or in respect of the Premises including the costs in excess of maintaining Building Standard shall be paid for by Tenant upon demand by Landlord as additional rent, and repairing all such itemsnot as an Operating Expense. Tenant shall pay the total cost of and carry out any replacement of not connect or permit connection with electric light bulbscurrent, tubesgas or water supply lines, starters and ballasts in except through existing electrical outlets, gas lines or water lines, respectively, servicing the Premises. (d) Tenant's use , any apparatus or device for the purpose of any such utilities shall not exceed the available capacity of the existing systems from time to timeusing gas, electric current or water. If Tenant desires at any time should require additional water, gas and/or electric current, to obtain any such utilities in excess of such available capacitythe extent not separately metered to the Premises, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to shall first procure the prior written consent of Landlord. (e) , which Landlord shall not may refuse for any reason, to the use thereof and Landlord may cause a water, gas meter or electric current meter to be responsible installed in the Premises so as to measure the amount of water, gas and electric current consumed for the inadequacy any such use. The cost of any heating or cooling such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay Landlord, as additional rent promptly upon demand therefor by Landlord, for all such water, gas and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected by Landlord. Tenant shall not, without Landlord's prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises if (i) or the use or occupancy of Building. If Tenant requires additional capacity, Tenant shall request Landlord to provide such capacity, which request Landlord may refuse in Landlord's sole discretion. If additional capacity is furnished, Tenant shall pay on demand and as additional rent the Premisescosts thereof, or (ii) the electrical or other power consumed on the Premisesincluding without limitation installation, or (iii) the configuration of partitions or other items on the Premisesoperation, or (iv) the failure of Tenant to keep the equipment in good repair and maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premisescosts.

Services and Utilities. 9.01 Utilities --------- (a) Provided that Tenant shall is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be solely responsible for supplying all utilitiesdetermined by Landlord at his sole discretion, heating and air-conditioning equipment in such manner as a reasonable, prudent owner subject to the rules and regulations of the Building of which the Premises would do. Tenant shall promptly pay forare a part, as electricity for normal lighting and when they fall duefractional horsepower office machines, all costs of supplying hot heat and cold water, electricity, fuel, gas, steam, sewer charges air conditioning required in Landlord's judgment for the comfortable use and other utilities, forms of energy, or other services to or used in respect occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, are a part. Landlord shall not be liable for for, and Tenant shall not be entitled to, any indirect or consequential losses or damages or reduction of rental by reason of Landlord's failure to furnish any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord or those for whom it is reserves the right to install supplementary air conditioning units in law responsible. (c) Tenant shall promptly pay as the Premises and when the same shall be payable all costs for all fittingscost thereof, machine apparatus, connections, including, but not limited to telephone including the cost of installation, and meters the cost of operation and all work, services and rental charges, charged or performed in connection with any services or utilities provided maintenance thereof shall be paid by Tenant to or in respect of the Premises including the costs of maintaining and repairing all such itemsLandlord upon demand by Landlord. Tenant shall pay the total cost of and carry out any replacement of electric light bulbswill not, tubes, starters and ballasts in the Premises. (d) Tenant's use of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior without written consent of Landlord. (e) Landlord shall not be responsible , use any apparatus or device in the Premises, including, without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the inadequacy of any heating or cooling use of the Premises if (i) the use or occupancy of as general office space; nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or (ii) device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause a water meter or electrical or other power consumed on current meter to be installed in the Premises, or (iii) so as to measure the configuration amount of partitions or other items on water and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the PremisesTenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, or (iv) at the failure of Tenant to keep rates charged for such services by the equipment in good maintenance or repair or (v) local public utility furnishing the failure of Tenant to adequately shade exterior windowssame, interferes with or impairs the functioning of equipment for heating or cooling plus any additional expense incurred keeping account of the Premiseswater and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer.

Services and Utilities. 9.01 Utilities --------- (a) Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as determined by Landlord, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be solely responsible for supplying all utilitiesimmediately payable to Landlord on demand and shall be additional rent hereunder. Tenant will not, heating and air-conditioning equipment in such manner as without the written consent of Landlord, which consent shall not be unreasonably withheld, contract with a reasonable, prudent owner of utility provider to service the Premises would do. Tenant shall promptly pay forwith any utility, as and when they fall dueincluding, all costs of supplying hot and cold waterbut not limited to, telecommunications, electricity, fuelwater, sewer or gas, steam, sewer charges and which is not previously providing such service to other utilities, forms of energy, or other services to or used tenants in respect of the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment Building. Landlord shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any no event Landlord, having so attended, shall not be liable for any losses interruption or damages arising from failure of utility services on or to the resulting lack of heating or cooling andPremises. Notwithstanding the foregoing, in any event, Landlord shall not be liable the event that essential utility services to the Premises are interrupted for any indirect a consecutive period of three (3) or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused more business days as a result of the negligence or willful misconduct of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installationits agents, and meters and all work, services and rental charges, charged or performed in connection such interruption substantially interferes with any services or utilities provided to or in respect of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts all or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord shall not be responsible for the inadequacy of any heating or cooling a substantial portion of the Premises if for the conduct of its business, then, as its sole and exclusive remedy, Tenant's obligation to pay the Monthly Installment of Rent to Landlord under this Lease shall be abated or reduced from the date Tenant delivers written notice to Landlord of such circumstance (iwhich shall be at least three (3) business days after the use or occupancy commencement of such circumstance) until sufficient utility services are restored in the proportion that the floor area of the Premises, or (ii) Premises that Tenant is prevented from using and does not use bears to the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling total floor area of the Premises.

Services and Utilities. 9.01 Utilities --------- (a) Tenant shall be solely responsible agrees and covenants with Landlord to pay promptly all charges for supplying all utilities, heating and air-conditioning equipment in such manner as a reasonable, prudent owner of the Premises would do. Tenant shall promptly pay for, as and when they fall due, all costs of supplying hot and cold water, electricity, fuel, gas, steam, sewer electrical and telephone services or charges and other utilities, forms of energy, or other services to or used in respect for telephone connection with Tenant's use of the Premises and to pay such charges promptly upon demand by provider. Landlord shall maintain and keep lighted the Tenant's operation therein. (b) If common stairs, common entries and common restrooms in the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Project. Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be in default hereunder or be liable for any losses damages directly or damages arising from indirectly resulting from, nor shall the resulting lack Rent be abated by reason of heating or cooling and, in any event, Landlord shall not be liable for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with any services or utilities provided to or in respect of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) the installation, use or occupancy interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (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 making of necessary repairs or improvements to the Premises, Building or (ii) the electrical or other power consumed on the PremisesProject, or (iii) the configuration limitation, curtailment or rationing of, or restrictions on, use of partitions water, electricity, gas or any other items on form of energy serving the Premises, Building or (iv) the failure Project. Landlord shall not be liable under any circumstances for a loss of Tenant or injury to keep the equipment property or business, however occurring, through or in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes connection with or impairs incidental to failure to furnish any such services, Tenant shall not, without the functioning written consent of equipment Landlord, use any apparatus or device 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 heating 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 cooling electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord shall not unreasonably withhold, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant 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 excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Notwithstanding the above, Landlord will arrange for separately metering the Premises to accommodate Tenant's electrical requirements in accordance with the mutually agreed upon electrical plan. The cost of the submetering will be at the Landlord's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plu~ any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish, lighting replacement for common area lights, restroom supplies in common area restrooms, and window washing services in a manner that such services are customarily furnished to comparable office buildings in the area.

Services and Utilities. 9.01 Utilities --------- Provided that Tenant is not in default hereunder, ▇▇▇▇▇▇▇▇ agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning (a"HVAC") as required in Landlord's judgment for the comfortable use and occupancy of the Premises. If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall pay Landlord's charges therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Except with respect to the negligence or willful acts of Landlord, its agents or employees, Landlord shall not be solely responsible in default hereunder or be liable for supplying all utilitiesany damages directly or indirectly resulting from, heating and air-conditioning nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in such manner as a reasonable, prudent owner connection with the furnishing of any of the Premises would do. Tenant shall promptly pay forforegoing services, as and when they fall due(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, all costs or by the making of supplying hot and cold necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, fuelgas or any other form of energy serving the Premises, gas, steam, sewer charges and other utilities, forms Building or Project. Except with respect to the negligence or willful acts of energy, or other services to or used in respect of the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, its agents or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any eventemployees, Landlord shall not be liable under any circumstances for any indirect a loss of or consequential losses injury to property or damages business, however occurring, through or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with or incidental to failure to furnish any services such services. If Tenant uses heat generating machines or utilities provided to or equipment in respect of 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 costs cost of maintaining installation, operation and repairing all such itemsmaintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall pay not, without the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord , which consent shall not be unreasonably withheld use any apparatus or device 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 (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may not unreasonably refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and ▇▇▇▇▇▇ 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 excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord and ▇▇▇▇▇▇ at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any reasonable additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the inadequacy maintenance and repair of any heating or cooling such meters at its sole cost. If the necessity of such meter installation was solely caused by Tenants non-typical use of the Premises if (i) utilities. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the use or occupancy of the Premises, or (ii) the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premisesarea.

Services and Utilities. 9.01 Utilities --------- (a) Provided that Tenant shall is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be solely responsible for supplying all utilitiesdetermined by Landlord at his sole discretion, heating and air-conditioning equipment in such manner as a reasonable, prudent owner subject to the rules and regulations of the Building of which the Premises would do. Tenant shall promptly pay for, as and when they fall due, all costs of supplying hot and cold water, electricity, fuelare a part, gas, steamelectricity for normal lighting and fractional horsepower office machines, sewer charges heat and other utilities, forms of energy, or other services to or used air conditioning required in respect Landlord's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, are a part. Landlord shall not be liable for for, and Tenant shall not be entitled to, any indirect or consequential losses or damages or reduction of rental by reason of Landlord's failure to furnish any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system Landlord or those for whom it is reserves the right to install supplementary air conditioning units in law responsible. (c) Tenant shall promptly pay as the Premises and when the same cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be payable all costs for all fittingspaid by Tenant to Landlord upon demand by Landlord. Tenant will not, machine apparatuswithout written consent of Landlord, connectionsuse any apparatus or device in the Premises, including, but not limited to telephone installationwithout limitation thereto, electronic data processing machines, punch card machines, and meters and all workmachines using in excess of 120 volts, services and rental charges, charged which will in any way increase the amount of electricity usually furnished or performed in connection with any services or utilities provided to or in respect supplied for the use of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of as general office space; nor connect with electric light bulbs, tubes, starters and ballasts current except through existing electrical outlets in the Premises. (d) Tenant's use , any apparatus or device, for the purpose of any such utilities shall not exceed the available capacity of the existing systems from time to timeusing electric current. If Tenant desires at any time to obtain any such utilities shall require water or electric current in excess of such available capacitythat usually furnished or supplied for the use of the Premises as general office space, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to shall first procure the prior written consent of Landlord. (e) , which Landlord shall not may refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be responsible installed in Premises, so as to measure the amount of water and electric current consumed for the inadequacy any such use. The cost of any heating or cooling such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord 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 furnishing the same, plus, any additional. expense insured in keeping account of the Premises if (i) the use water and electric current will be established by an estimate made by a utility company or occupancy of the Premises, or (ii) the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premisesengineer.

Services and Utilities. 9.01 Utilities --------- Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during the hours of 7:00 am to 6:00 pm Monday through Friday and 8:00 am to 1:00 pm on Saturdays and subject to the Rules and Regulations of the Building or Project, electricity for light manufacturing and production assembly of medical devices, normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning (a“HVAC”) as required for the comfortable use and occupancy of the Premises. If Tenant desires HVAC at any other time for light manufacturing and production assembly of medical devices, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall be solely responsible for supplying all utilitiespay Landlord’s charges therefor on demand. Landlord shall also maintain and keep lighted the common stairs, heating common entries and air-conditioning equipment restrooms in such manner as a reasonable, prudent owner of the Premises would doBuilding. Tenant shall promptly pay for, as and when they fall due, all costs of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other services to or used in respect of the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be in default hereunder or be liable for any losses damages directly or damages arising from indirectly resulting from, nor shall the resulting lack Rent be abated by reason of heating or cooling and, in any event, Landlord shall not be liable for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with any services or utilities provided to or in respect of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) the installation, use or occupancy interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (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 making of necessary repairs or improvements to the Premises, Building or (ii) the electrical or other power consumed on the PremisesProject, or (iii) the configuration limitation, curtailment or rationing of, or restrictions on, use of partitions water, electricity, gas or any other items on form of energy serving the Premises, Building or (iv) Project. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the failure of 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 or installation, operation and maintenance thereof, shall be paid by Tenant to keep Landlord upon demand by Landlord. Tenant shall not, without the equipment written consent of Landlord, use any apparatus or device in good 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 and light manufacturing and production assembly of medical devices, without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical outlets in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance or and repair or (v) shall be paid for by the failure of Tenant and Tenant agrees to adequately shade exterior windowspay to Landlord promptly upon demand for all such water and electric current consumed to as shown by said meters, interferes with or impairs at the functioning of equipment rates charged for heating or cooling 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 excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant’s expense. Nothing contained in this Article shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, exterior window washing and janitorial services to the common areas in a manner that such services are customarily furnished to comparable office buildings in the area. Tenant IS responsible for janitorial services to their Premises.

Services and Utilities. 9.01 Utilities --------- Provided that Tenant is not in default hereunder, ▇▇▇▇▇▇▇▇ agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment and normal copying equipment and heating, ventilation and air conditioning (a"HVAC") as required in Landlord's judgment for the comfortable use and occupancy of the Premises. If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall pay Landlord's charges therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Except with respect to the negligence or willful acts of Landlord, its agents or employees, Landlord shall not be solely responsible in default hereunder or be liable for supplying all utilitiesany damages directly or indirectly resulting from, heating and air-conditioning nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in such manner as a reasonable, prudent owner connection with the furnishing of any of the Premises would do. Tenant shall promptly pay forforegoing services, as and when they fall due(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, all costs or by the making of supplying hot and cold necessary repairs or improvements to the Premises, Building or Project, except with respect to the negligence or willful acts of Landlord, its agent or employees or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, fuelgas or any other form of energy serving the Premises, gas, steam, sewer charges and other utilities, forms Building or Project. Except with respect to the negligence or willful acts of energy, or other services to or used in respect of the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, its agents or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any eventemployees, Landlord shall not be liable under any circumstances for any indirect a loss of or consequential losses injury to property or damages business, however occurring, through or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with or incidental to failure to furnish any services such services. If Tenant uses heat generating machines or utilities provided to or equipment in respect of 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 costs cost of maintaining installation, operation and repairing all such itemsmaintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall pay not, without the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord , which consent shall not be unreasonably withheld use any apparatus or device 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 (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may not unreasonably refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and ▇▇▇▇▇▇ 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 excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord and ▇▇▇▇▇▇ at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any reasonable additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the inadequacy maintenance and repair of any heating or cooling such meters at its sole cost. If the necessity of such meter installation was solely caused by Tenants non-typical use of the Premises if (i) utilities. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the use or occupancy of the Premises, or (ii) the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premisesarea.

Services and Utilities. 9.01 Utilities --------- (a) Landlord represents and warrants to Tenant shall be solely responsible for supplying all utilitiesthat, heating and air-conditioning equipment in such manner as a reasonable, prudent owner of the Premises would do. Tenant shall promptly pay fordate of this Lease, as and when they fall due, all costs of supplying hot and cold water, electricity, fuelsewer, gas, steam, sewer charges telephone and other utilities, forms of energy, or other services electricity are available to or used in respect of the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Building. Tenant shall promptly arrange is solely responsible for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, Landlord shall not be liable for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs contracting directly for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed utilities Tenant desires in connection with Tenant's use and occupancy of the Premises. Tenant is also solely responsible for paying directly to the applicable service or utility companies, prior to delinquency, all charges of every nature, kind or description for services and utilities furnished to the Premises or chargeable against the Premises (including, without limitation, charges imposed by any utility or service company as a condition precedent to furnishing or continuing to furnish utilities or services to the Premises), including all charges for water, sewage, heat, gas, light, garbage and rubbish removal, electricity, telecommunications, cable, steam, power, or other public or private utilities and services and any charges or fees for present or future water or sewer capacity to serve the Premises, any charges for the underground installation of gas or other utilities or services, and other charges relating to the extension of or change in the facilities necessary to provide the Premises with adequate utilities and services. However, if any services or utilities are jointly metered with other property, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or service providers) and Tenant shall pay such share to Landlord within 30 days after receipt of Landlord's written statement. Subject to Force Majeure, Landlord shall provide lighting of the exterior portions of the Property and all entrances and exits to the Property, seven days a week, 365 days a year. Subject to Force Majeure and the terms of this Lease, Tenant will be entitled to access to the Premises, 24 hours per day, seven days per week. The Premises are currently not separately metered for electricity, but electricity usage for the Premises is determinable by Landlord based on existing submetering for the common areas and for other leasable space in the Building. Tenant may either install a separate meter for the Premises, at Tenant’s expense, and pay the utility company directly or pay Landlord for actual electric usage by Tenant from the Premises as set forth above in this Article. No interruption in, or temporary stoppage of, any utility or service to the Premises shall render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or, except as provided in the next sentence, entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding anything to the contrary contained herein, if any utility or in respect service is interrupted for any reason within Landlord's reasonable control and such interruption shall continue for more than four consecutive days after notice of such interruption or failure from Tenant to Landlord, and if such interruption or failure shall render any material portion of the Premises including unusable for the costs conduct of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's business, and if Tenant in fact does not use of any or occupy such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord shall not be responsible for the inadequacy of any heating or cooling material portion of the Premises if (i) during the period of such interruption or failure, then all Base Rent and Additional Rent payable hereunder with respect to such unusable portion of the Premises shall be abated for the period beginning on the fifth consecutive day of such interruption or failure and such rental abatement shall continue until such portion of the Premises is tenantable again or Tenant recommences use or occupancy of such portion of the Premises, or (ii) the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premiseswhichever occurs first.

Services and Utilities. 9.01 Utilities --------- (a) Tenant agrees to pay, before delinquency, all fees and charges for water, gas, electricity, sewers, heat, power, rubbish and garbage collection, janitorial service and any and all other similar charges incurred by Tenant with respect to and during its occupancy of the Premises, including but not limited to use, connection, hook-up and standby fees and penalties for discontinued or interrupted service. Said charges shall be solely responsible paid directly to the utility or service provider unless Landlord shall, at its option, supply or provide any such utility or service. Tenant may, at its expense, arrange for supplying all utilitiesthe installation and operation of T-I lines for use in connection with the operation of Tenant's business. Tenant may, heating at its expense, install and operate a ventilating and air-conditioning equipment system for the Premises in such manner as a reasonable, prudent owner accordance with code requirements and all of the Premises would doterms and conditions of this Lease (including but not limited to Paragraph 6(d) above), subject to Landlord's advance written approval of the location of system components and of plans specifically showing structural alterations or additions required by such system (or showing that none are needed). For any and each utility or service supplied or provided by Landlord, Tenant shall promptly pay forto Landlord, as and when they fall dueadditional rent, all costs the charge established by Landlord for utilities furnished or services provided to the Premises. In the case of supplying hot and cold waterany utility service provided by Landlord that could be provided directly to Tenant by a local utility company, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other services Landlord warrants that its charge to or used in respect of Tenant for such utility will not exceed the Premises and the charge that Tenant would pay if such company furnished service directly to Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, Landlord shall not be liable for damages, consequential or otherwise, nor shall there be any indirect rent abatement, arising out of any curtailment or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is interruption whatsoever in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittingsutility services; provided, machine apparatushowever, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with any services or that if utilities provided by Landlord are interrupted for a period of more than 48 hours and such interruption is due to Landlord's fault or in respect of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) the use or occupancy of the Premises, or (ii) the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to keep equipment under Landlord's control, and if the equipment in good maintenance or repair or (v) Premises are hereby rendered untenantable for the failure use intended, then the rents and charges due under this Lease shall be abated during the period of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premisesutility interruption.

Services and Utilities. 9.01 Utilities --------- (a) Tenant Lessor agrees to furnish to the Premises, subject to any rules, regulations or other requirements affecting the Building of which the Premises are a part, water and electricity suitable for the intended use of the Building, heat and air conditioning required in Lessor's judgment for the comfortable use and occupation of the Premises, and janitorial services. Lessor shall also maintain and keep lighted the common stairs, entries and toilet rooms in the Building of which the Premises are a part. Lessor shall not be liable for, and there shall be solely responsible for supplying all utilitiesno abatement or reduction of rental or other amounts due by Lessee under this Lease, heating and air-conditioning equipment in such manner as a reasonable, prudent owner by reason of Lessor's failure to furnish any of the Premises would do. Tenant shall promptly pay forforegoing when such failure is caused by accidents, as and when they fall duebreakage, all costs repairs, strikes, lockouts or other labor disturbances or labor disputes of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energyany kind or character, or by any other services to cause, beyond the reasonable control of Lessor. Should water or used in respect of other utility rationing be imposed on the Premises Building and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenanceits occupants, repair or replacement, Tenant shall promptly arrange for the necessary work Lessee agrees to be done at its expenses by contractors approved bound by the Landlordstrict enforcement thereof by Lessor and any enforcement body. Except in the case of Lessor's gross negligence or willful misconduct, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, Lessor shall not be liable for loss of or injury to person or property, however occurring, through or in connection with or incidental to failure to furnish any losses or damages arising from of the resulting lack of heating or cooling andforegoing; provided, however, that in any event, Landlord no event shall not Lessor be liable for any indirect special or consequential losses damages. Wherever heat generating machines or damages equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system or any damages for personal discomfort arising from any lack of heating electrical loads, Lessor reserves the right to install supplementary air conditioning units in the Premises or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installationadditional electrical service, and meters and all workthe costs thereof, services and rental charges, charged or performed in connection with any services or utilities provided to or in respect of the Premises including the costs of maintaining installation and repairing all such items. Tenant of operation and maintenance thereof, shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premisesbe paid by Lessee. (d) Tenant's use of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) the use or occupancy of the Premises, or (ii) the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premises.

Services and Utilities. 9.01 Utilities --------- (a) Provided that tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord in its sole discretion, and subject to the rules and regulations of the Property which the Premises are a part, electricity for normal lighting and office machines, heat and air conditioning required in Landlord's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the Common Areas. The costs for services provided under this Article will be included in the Operating Expenses. Tenant expressly agrees that all non-essential electrical devices, including without limitation, computers and printers, shall be solely responsible for supplying all utilities, heating and air-conditioning equipment in such manner as turned off at the end of each business day by Tenant Failure to comply with the requirement shall be deemed a reasonable, prudent owner material breach of the Premises would dothis Lease. Tenant shall promptly pay for, as and when they fall due, all costs of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other services to or used in respect of the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, Landlord shall not be liable for for, and Tenant shall not be entitled to any indirect reduction of rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident breakage, repairs, strike, lockouts or consequential losses other labor disturbances or damages labor disputes of any character, or by any damages for personal discomfort arising from any lack of heating other cause, similar or cooling dissimilar, unless caused as by the intentional misconduct of Landlord. Landlord shall not be liable under any circumstances for a result loss of or injury to property, however occurring through or in connection with or incidental to failure to furnish any of the negligence foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air condition units in the Premises and the cost of installation, and the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as cost of operation and when the same maintenance thereof shall be payable all costs for all fittingspaid by Tenant to Landlord upon demand by the Landlord. Tenant will not, machine apparatuswithout consent of Landlord, connectionsuse any apparatus or device in the premises, including, but not limited to telephone installationwithout limitation thereto, electronic data processing machines, punch card machines, and meters and all workmachines using in excess of 120 volts, services and rental charges, charged which will in any way increase the amount of electricity usually furnished or performed in connection with any services or utilities provided to or in respect supplied for the use of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of as general office space, nor connect with electric light bulbs, tubes, starters and ballasts current except through existing electrical outlets in the Premises. (d) Tenant's use , any apparatus or devise, for the purpose of any such utilities shall not exceed the available capacity of the existing systems from time to time. using electric current If Tenant desires at any time to obtain any such utilities shall require water or electric current in excess of such available capacitythat usually furnished or supplied for the use of the Premises as general office space, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to shall obtain the prior written consent of Landlord. (e) , which Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) may withhold in its sole discretion, to the use thereof and Landlord may cause a water meter or occupancy of electrical current meter to be installed in the Premises, or (ii) so as to measure the electrical or other power amount of water and electric current consumed on for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the PremisesTenant and Tenant agrees to pay to Landlord promptly upon demand therefore by Landlord for all such water and electric current consumed as shown by said meters, or (iii) at the configuration of partitions or other items on rates charged for such services by the Premiseslocal public utility furnishing the same, or (iv) the failure of Tenant to keep the equipment plus any additional expense incurred in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling keeping account of the Premiseswater and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by Landlord based upon an estimate made by a utility company or engineer.

Services and Utilities. 9.01 Utilities --------- (a) Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as determined by Landlord, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be solely responsible for supplying all utilitiesimmediately payable to Landlord on demand and shall be additional rent hereunder. Tenant will not, heating and air-conditioning equipment in such manner as without the written consent of Landlord, contract with a reasonable, prudent owner of utility provider to service the Premises would do. Tenant shall promptly pay for, as and when they fall due, all costs of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other services to or used in respect of the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, Landlord shall not be liable for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connectionsutility, including, but not limited to, electricity, water, sewer or gas, which is not previously providing such service to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with any services or utilities provided to or in respect of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts other tenants in the Premises. (d) Tenant's use Building. Landlord shall in no event be liable for any interruption or failure of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts utility services on or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord shall not be responsible for Premises. However, notwithstanding the inadequacy of any heating foregoing, if the Premises, or cooling of the Premises if (i) the use or occupancy a material portion of the Premises, are made untenantable for a period in excess of ten (10) consecutive business days solely as a result of an interruption, diminishment or termination of services due to Landlord’s gross negligence or willful misconduct and such interruption, diminishment or termination of services is otherwise reasonably within the control of Landlord to correct (iia “Service Failure”), then Tenant, as its sole remedy notwithstanding anything to the contrary contained herein, shall be entitled to receive an abatement of the Monthly Installment of Rent and Tenant’s Proportionate Share of Expenses and Taxes payable hereunder during the period beginning on the eleventh (11th) consecutive business day of the electrical Service Failure and ending on the day the interrupted service has been restored. If the entire Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably prorated. The foregoing abatement right shall not apply if the Service Failure is due to fire or other power consumed on casualty. Instead, in such an event, the Premises, or (iii) the configuration terms and provisions of partitions or other items on the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the PremisesArticle 22 shall apply.

Services and Utilities. 9.01 Utilities --------- (a) 15.1 Tenant shall be solely responsible contract for supplying and pay directly when due, for all utilitieswater, heating gas, heat, light, power, telephone, sewer, sprinkler charges, cleaning, waste disposal and air-conditioning equipment in other utilities and services used on or from the Premises, together with any taxes, penalties, surcharges or the like pertaining thereto, and maintenance charges for utilities and shall furnish all electric light bulbs, ballasts and tubes. If any such manner as a reasonableservices are not separately billed or metered to Tenant, prudent owner of the Premises would do. Tenant shall promptly pay foran equitable proportion, as determined in good faith by Landlord, of all charges. All sums payable under this Paragraph 15 shall constitute Additional Rent under this Lease. 15.2 Tenant acknowledges that Tenant has inspected and when they fall due, all costs of supplying hot and cold accepts the water, electricity, fuel, gas, steam, sewer charges and other utilitiesutilities and services being supplied or furnished to the Premises as of the date Tenant takes possession of the Premises, forms if any, as being sufficient in their present condition, “as is,” for the Permitted Use, and for Tenant’s intended operations in the Premises. Landlord shall have no obligation to provide electricity or any other services or utilities to the Premises. Tenant agrees to cooperate fully with Landlord and to abide by all of the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the Premise’s electrical systems. 15.3 Tenant shall not without written consent of Landlord use any apparatus, equipment or device in the Premises that will require additions or alterations to or interfere with the Premises existing power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises. Tenant shall pay directly to Landlord upon demand the cost of all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other services equipment necessary to furnish any additional resources, energy, utility or used service). Landlord may add to the separate or metered charge a recovery of additional expense incurred in respect keeping account of the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment excess water, electric current or other resource so consumed. Except as specifically set forth below, Landlord shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not no case be liable for any losses damages directly or damages arising indirectly resulting from nor shall the resulting lack of heating or cooling and, in any event, Landlord shall not be liable for any indirect or consequential losses or damages Rent or any damages monies owed Landlord under this Lease herein reserved be abated by reason of: (a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof; (b) the failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or the elements, labor disturbances of any character, or otherwise, or because of any interruption of service due to Tenant’s use of water, electric current or other resource in excess of that being supplied or furnished for personal discomfort arising from the use of the Premises as of the date Tenant takes possession of the Premises; or (c) the inadequacy, limitation, curtailment, rationing or restriction on use of water, electricity, gas or any lack other form of heating energy or cooling unless caused any other service or utility whatsoever serving the Premises otherwise; or (d) the partial or total unavailability of any such utilities or services to the Premises or the diminution in the quality or quantity thereof, whether by Regulations or otherwise; or (e) any interruption in Tenant’s business operations as a result of the negligence any such occurrence; nor shall any such occurrence constitute an actual or constructive eviction of the Tenant or a breach of an implied warranty by Landlord. Landlord shall further have no obligation to protect or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine preserve any apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged equipment or performed in connection with any services or utilities provided to or in respect of the Premises including the costs of maintaining and repairing all such items. device installed by Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use , including without limitation by providing additional or after-hours heating or air conditioning. Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental agencies or utility suppliers in reducing energy or other resource consumption. The obligation to make services available under this Lease shall be subject to the limitations of any such utilities shall not exceed voluntary, reasonable program. In addition, Landlord reserves the available capacity right to change the supplier or provider of the existing systems any such utility or service from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacityLandlord may, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord but shall not be responsible obligated to, upon notice to Tenant, contract with or otherwise obtain any electrical or other such service for or with respect to the inadequacy Premises or Tenant’s operations therein from any supplier or provider of any heating such service. Tenant shall cooperate with Landlord and any supplier or cooling provider of such services designated by Landlord from time to time to facilitate the Premises if (i) the use or occupancy delivery of such services to Tenant at the Premises, including without limitation allowing Landlord and Landlord’s suppliers or (ii) providers, and their respective agents and contractors, reasonable access to the electrical Premises for the purpose of installing, maintaining, repairing, replacing or other power consumed on the Premises, upgrading such service or (iii) the configuration of partitions any equipment or other items on the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premisesmachinery associated therewith.

Services and Utilities. 9.01 Utilities --------- Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during generally recognized business days, and during hours determined by Landlord in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning (a"HVAC") as required in Landlord's judgment for the comfortable use and occupancy of the Premises. If Tenant desires HVAC at any other time, Landlord shall use reasonable notice from Tenant and Tenant shall be solely responsible for supplying all utilitiespay Landlord's charges therefor on demand. Landlord shall also maintain and keep lighted the common stairs, heating common entries and air-conditioning equipment restrooms in such manner as a reasonable, prudent owner of the Premises would doBuilding. Tenant shall promptly pay for, as and when they fall due, all costs of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other services to or used in respect of the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be in default hereunder or be liable for any losses damages directly or damages arising from indirectly resulting from, nor shall the resulting lack Rent be abated by reason of heating or cooling and, in any event, Landlord shall not be liable for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with any services or utilities provided to or in respect of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) the installation, use or occupancy interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (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 making of necessary repairs or improvements to the Premises, Building or (ii) the electrical or other power consumed on the PremisesProject, or (iii) the configuration limitation, curtailment or rationing of, or restrictions on, use of partitions water, electricity, gas or any other items on form of energy serving the Premises, Building or (iv) Project. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the failure 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 keep Landlord upon demand by Landlord. Tenant shall not, without the equipment written consent of Landlord, use any apparatus or device in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premises.,

Services and Utilities. 9.01 Utilities --------- (a) Tenant shall be solely responsible pay for supplying all utilitiesthe electricity and gas for office equipment and normal copying equipment, heating and air-heating, ventilation and air conditioning equipment in such manner ("HVAC") as a reasonable, prudent owner required for the comfortable use and occupancy of the Premises would doPremises. Tenant Landlord shall promptly pay formaintain and keep lighted the common stairs, as common entries and when they fall due, all costs of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other services to or used restrooms in respect of the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Building. Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be default hereunder or be liable for any losses damages directly or damages arising from indirectly resulting from, nor shall the resulting lack Rent be abated by reason of heating or cooling and, in any event, Landlord shall not be liable for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with any services or utilities provided to or in respect of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord. (e) Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) the installation, use or occupancy interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (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 making of necessary repairs or improvements to the Premises, Building or (ii) the electrical or other power consumed on the PremisesProject, or (iii) the configuration limitation, curtailment or rationing of, or restrictions on, use of partitions water, electricity, gas or any other items on form of energy serving the Premises, Building or (iv) Project. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services, if Tenant uses heat generating machines or equipment in the failure Premises which affect the temperature otherwise maintained 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 keep Landlord upon demand by Landlord. Tenant shall not, without the equipment written consent of Landlord use any apparatus or device in good the Premises including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent. Landlord may have installed a water meter in the Premises to measure the amount of water consumed. The cost of any such meter and of its installation, maintenance or and repair or (v) shall be paid for the failure of Tenant and Tena▇▇ ▇▇▇ees to adequately shade exterior windowspay to Landlord promptly upon demand for all such water consumed as shown by said meters, interferes with or impairs at the functioning of equipment rates charged for heating or cooling such services by the local public utility plus any additional expense incurred in keeping account of the water so consumed. If a separate meter is not installed, the excess cost for such water shall be established by an estimate made by a utility company at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Tenant shall furnish janitorial services and supplies for the leased Premises.

Services and Utilities. 9.01 Utilities --------- (a) Provided that Tenant shall is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be solely responsible for supplying all utilitiesdetermined by Landlord at its sole discretion, heating and air-conditioning equipment in such manner as a reasonable, prudent owner subject to the rules and regulations of the Building of which the Premises would do. Tenant shall promptly pay forare a part, as electricity for normal lighting and when they fall duefractional horsepower office machines, all costs of supplying hot heat and cold water, electricity, fuel, gas, steam, sewer charges air conditioning required in Landlord's judgment for the comfortable use and other utilities, forms of energy, or other services to or used in respect occupation of the Premises. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, are a part. Landlord shall not be liable for for, and Tenant shall not be entitled to, any indirect or consequential losses or damages or reduction of rental by reason of Landlord's failure to furnish any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss or injury to property, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing, except as to Landlord's negligence or willful acts. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord or those for whom it is reserves the right to install supplementary air conditioning units in law responsible. (c) Tenant shall promptly pay as the Premises and when the same cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be payable all costs for all fittingspaid by Tenant to Landlord upon demand by Landlord. Tenant will not, machine apparatuswithout written consent of Landlord, connectionsuse any apparatus or device in the Premises, including, but not limited to telephone installationwithout limitation thereto, electronic data processing machines, punch card machines, and meters and all workmachines using in excess of 120 volts, services and rental charges, charged which will in any way increase the amount of electricity usually furnished or performed in connection with any services or utilities provided to or in respect supplied for the use of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of as general office space; nor connect with electric light bulbs, tubes, starters and ballasts current except through existing electrical outlets in the Premises. (d) Tenant's use , any apparatus or device, for the purpose of any such utilities shall not exceed the available capacity of the existing systems from time to timeusing electric current. If Tenant desires at any time to obtain any such utilities shall require water or electric current in excess of such available capacitythat usually furnished or supplied for the use of the Premises as general office space, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to shall first procure the prior written consent of Landlord. , which Landlord may not unreasonably refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord 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 furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer. Notwithstanding the foregoing, if any essential service to be provided is interrupted or curtailed for a period of forty-eight (e48) hours and is caused by Landlord or lies within Landlord's control, in addition to other remedies available to Tenant, the Rent (inclusive of all payments) for the Premises shall completely ▇▇▇▇▇ from such forty-eight (48) hour period and continue until such services are fully restored. Landlord shall not be responsible for the inadequacy provide a minimum of seventy-two (72) hours' prior written notice of any heating or cooling planned interruption of services in connection with the repair and maintenance of the Premises if (i) or the use or occupancy of the Premises, or (ii) the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the PremisesBuilding.

Services and Utilities. 9.01 Utilities --------- (a) Tenant shall be solely responsible for supplying all utilities, heating and air-conditioning equipment in such manner as a reasonable, prudent owner of the Premises would do. Tenant shall promptly pay for, as and when they fall due, all costs of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other services to or used in respect of the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, Landlord shall not be liable for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of obligated to furnish to the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with Premises any services or utilities provided (including, without limitation, janitorial services), and Tenant shall contract directly with the providers of all services and utilities Tenant desires to or in respect of receive at the Premises including the costs of maintaining Premises, at Tenant’s sole cost and repairing all such itemsexpense. Tenant shall pay have the total cost right to add alternative electricity sources such as additional solar panels, the installation of which shall be subject to Section 3.4. Landlord is not responsible for the furnishing of, or any interruption, diminishment or termination of, services or utilities, whether due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, or utility interruptions, and carry out no such interruption, diminishment, or termination shall render Landlord liable to Tenant, give rise to an abatement of Rent, or relieve Tenant from the obligation to fulfill any replacement covenant or agreement. Except as expressly set forth in Article 9, below, Landlord shall in no event be required under any provision of electric light bulbsthis Lease or applicable Law to maintain or repair or to make any alterations, tubesrebuildings, starters replacements, changes, additions or improvements on or off the Premises during the Term of this Lease. Tenant acknowledges that it shall be responsible for providing and ballasts procuring all other services necessary to its operations in and on the Premises. . If Tenant (dor any party claiming by, through or under Tenant) pays directly to the provider for any energy consumed at the Building, Tenant's use of , promptly upon request, shall deliver to Landlord (or, at Landlord’s option, execute and deliver to Landlord an instrument enabling Landlord to obtain from such provider) any such utilities shall not exceed the available capacity data about consumption that Landlord, in its reasonable judgment, is required to disclose to a prospective buyer, tenant or mortgage lender under California Public Resources Code §25402.10 or any similar law. Further, Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1932(1), 1933(4), 1941 and 1942 of the existing systems California Civil Code or any similar or successor laws now or hereinafter in effect. At Landlord’s request, Tenant shall provide Landlord information regarding Tenant’s energy usage at the Premises from time to time. If Tenant desires at any time to obtain any (provided that Landlord shall hold such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject information confidential to the prior written consent extent Landlord is not required to disclose such information pursuant to Applicable Law, nothing in this sentence being deemed to prohibit Landlord from utilizing such information to make public statements about the sustainability profile or “green” nature of Landlord. (e) Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) the use or occupancy of the Premises, or (ii) the electrical or other power consumed on the PremisesLandlord’s affiliates, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premisesproperties).

Services and Utilities. 9.01 Utilities --------- (a) Tenant Landlord shall provide roving attendant service for the entire business park of which the Building is a part, such attendant shall be solely responsible on duty generally during evening and early morning hours. Landlord shall provide a controlled access system for supplying all utilities, heating and air-conditioning equipment in such manner as a reasonable, prudent owner of the Building which enables 24X7X365 access to the Premises would doby Tenant, subject to reasonable rules and regulations for after hours entry. Tenant shall promptly obtain and pay forfor all water, as and when they fall due, all costs of supplying hot and cold watergas, electricity, fuelheat, gastelephone, steamsewer, sewer sprinkler charges and other utilitiesutilities and services used at the Premises, forms of energytogether with any taxes, or other services penalties, surcharges, maintenance charges, and similar charges pertaining to or used in respect Tenant’s use of the Premises. Tenant shall heat the Premises and as necessary to prevent any freeze damage to the Premises or any portion. Tenant's operation therein. (b) If use of electric current shall at no time exceed the heating and cooling equipment shall require maintenance, repair capacity of the feeders or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend lines to the same Building or the risers or wiring installation of the Building or the Premises. Landlord may, at Tenant's expense with reasonable promptness having regard ’s expense, separately meter and b▇▇▇ Tenant directly for its use of any such utility service, in which case the amount separately billed to the then existing climatic conditions but in any event Landlord, having so attended, Tenant for Building standard utility service shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, duplicated in any event, Tenant’s obligation to pay Additional Rent under Section 2.3. Landlord shall not be liable for any indirect interruption or consequential losses failure of utility service to the Premises, and Tenant shall not be entitled to any abatement or damages reduction of Rent by reason of any interruption or failure of utilities or other services to the Premises except as set forth below. Any interruption or failure in any damages utility or service shall not be construed as an eviction, constructive or actual of Tenant or as a breach of the implied warranty of suitability, and shall not relieve Tenant from the obligation to perform any covenant or agreement under this Lease. In no event shall Landlord be liable for personal discomfort arising from any lack of heating damage to persons or cooling unless caused property, including, without limitation, business interruption, damages, or shall Landlord be in default under this Lease, as a result of the negligence of the Landlord any such interruption or those for whom it is in law responsible. (c) failure. All amounts due from Tenant shall promptly pay as and when the same under this Section 8 shall be payable all costs within ten (10) days after Landlord’s request for all fittingspayment. Notwithstanding the foregoing, machine apparatus, connections, including, but not limited to telephone installationin the event such interruption of services described in this Section 8 (and results from causes within Landlord’s reasonable control, and meters is not due to Tenant’s negligence, the act of a third party not acting on behalf of Landlord, or force majuere) and continues for more than five (5) consecutive days following written notice to Landlord, and results in the denial or otherwise renders impractical the intended use of substantially all work, services and rental charges, charged or performed in connection with any services or utilities provided to or in respect of the Premises including the costs (such as loss of maintaining and repairing all such items. electricity or high speed data access) then Tenant shall pay receive a Base Rent abatement for each day thereafter until the total cost of service is restored, unless and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent extent Tenant is able to collect insurance proceeds for such interruption. In the event of Landlorddamage from casualty, Section 11 below shall apply. (e) Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) the use or occupancy of the Premises, or (ii) the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premises.

Services and Utilities. 9.01 Utilities --------- Tenant shall make all arrangements for and pay for all utilities and services furnished to or used by it, including, without limitation, gas, electricity, heating, air conditioning and other ventilation, janitorial, water, sewage, telephone service, trash collection, including any taxes thereon, and for all connection charges, except for those utility and services Landlord is to acquire for the account of the tenants to service the Common Area. Landlord may choose, in Landlord's reasonable discretion, the company or companies that will provide all electricity (or any other utility) to the Project, and, in such event, Tenant shall pay for electric current (or such other utility) supplied to, or used, in the Premises at the rate prevailing for Tenant's class of use as established by such company or companies. Electric current (or such other utility) shall be measured in the manner set forth above and shall be billed by Landlord as Additional Rent and paid by Tenant on a monthly basis. If permitted by law, Landlord shall have the right, in Landlord's reasonable discretion, at any time and from time to time during the Term, to switch providers of any such utility. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow access to the electric (or other utility) lines, feeders, risers, wiring and other machinery located within the Premises. Notwithstanding anything contained herein to the contrary, if Tenant is granted the right to purchase electricity from a provider other than the company or companies used by Landlord, Tenant shall indemnify, defend, and hold harmless Landlord from and against all losses, claims, demands, expenses and judgments caused by, or directly or indirectly arising from, the acts or omissions of Tenant's electricity provider (including, but not limited to, expenses and/or fines incurred by Landlord in the event Tenant's electricity provider fails to provide sufficient power to the Premises, as well as damages resulting from the improper or faculty installation or construction of facilities or equipment in or on the Premises by Tenant or Tenant's electricity provider. Landlord may provide telecommunications lines and systems as discussed in Section 35. hereof. 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, (a) Tenant shall be solely responsible for supplying all utilitiesthe installation, heating and air-conditioning use or interruption of use of any equipment in such manner as a reasonable, prudent owner connection with the furnishing of any of the foregoing services, (b) 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 making of necessary repairs or improvements to the Premises, Building or Project, (c) any change, failure, interruption, disruption or defect in the quantity or character of the electricity (or other utility) supplied to the Premises would do. Tenant shall promptly pay foror Project, as and when they fall dueor (d) the limitation, all costs curtailment or rationing of, or restrictions on, use of supplying hot and cold water, electricity, fuelgas or any other form of energy serving the Premises, gas, steam, sewer charges and other utilities, forms of energy, Building or other services to or used in respect of the Premises and the Tenant's operation therein. (b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, Project. Landlord shall not be liable under any circumstances for any indirect a loss of or consequential losses injury to property or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittingsbusiness, machine apparatushowever occurring, connectionsthrough, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with any services or utilities provided incidental to or in respect of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use of failure to furnish any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlordservices. (e) Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) the use or occupancy of the Premises, or (ii) the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premises.

Services and Utilities. 9.01 Utilities --------- Provided that Lessee is not in default hereunder, Lessor agrees to furnish to the Premises during the hours set forth in the Rules and Regulations (aattached hereto as Exhibit E) Tenant shall on generally recognized business days Monday through Friday, to be solely responsible for supplying all utilitiesdetermined by Lessor at its sole discretion, heating and air-conditioning equipment in such manner as a reasonable, prudent owner subject to the rules and regulations of the Building of which the Premises would doare a part, heat and air conditioning required in Lessor's judgment for the comfortable use and occupation of the Premises, and janitorial service. Tenant Lessor shall promptly pay for, as provide electricity for normal fighting and when they fall due, all costs of supplying hot fractional office machines and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other services water to or used in respect of the Premises and shall also maintain and keep lighted the Tenant's operation therein. (b) If common stairs, common entries, elevator service, and restroom facilities in the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for Building of which the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, Premises are a part. Lessor shall not be liable for for, and Lessee shall not be entitled to, any losses reduction of rental by reason of Lessor's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or damages arising from -other labor disturbances or labor disputes of any character, or by any other cause beyond the resulting lack reasonable control of heating or cooling and, in any event, Landlord the Lessor. Lessor shall not be liable under any circumstances for loss of or injury to Premises, however occurring, through or in connection with or incidental to failure to furnish any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Lessor reserves the right to install supplementary air conditioning units in the premises and the cost thereof, including the cost of installation, and the Landlord or those for whom it is in law responsible. (c) Tenant shall promptly pay as cost of operation and when the same maintenance thereof shall be payable all costs for all fittingspaid by Lessee to Lessor upon demand by Lessor. Lessee will not, machine apparatuswithout written consent of Lessor, connectionsuse any apparatus or device in the Premises, including, but not limited to telephone installationwithout limitation thereto, electronic data processing machines, punch card machines and meters and all workmachines using in excess of 120 volts, services and rental charges, charged which will in any way increase the amount of electricity usually furnished or performed in connection with any services or utilities provided to or in respect supplied for the use of the Premises including the costs of maintaining as general office space; and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of will not connect with electric light bulbs, tubes, starters and ballasts current except through existing electrical outlets in the Premises. (d) Tenant's , any apparatus or device, for the purpose of using electric current. If Lessee shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Lessee shall first procure the written consent of Lessor, which Lessor may refuse, for the use thereof and Lessor may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use. The cost of any such utilities meters and the installation, maintenance and repair thereof shall not exceed be paid for by the available capacity Lessee and Lessee agrees to pay to Lessor promptly and upon demand therefor by Lessor for all such water and electric current consumed as shown by said meters, at the rates charged for such services by local public utility furnishing the same, plus any additional expense incurred in keeping account of the existing systems from time to timewater and electric current so consumed. If Tenant desires at any time to obtain any a separate meter is not installed, such utilities in excess of cost for such available capacity, Tenant may supply water and install at its expense any special wires, conducts electric current will be established by an estimate made by a utility company or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlordelectrical engineer. (e) Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) the use or occupancy of the Premises, or (ii) the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the Premises.

Services and Utilities. 9.01 Utilities --------- (a) a. Tenant shall be solely responsible pay all charges for supplying all utilitieselectricity furnished to the Premises, heating and air-conditioning equipment in such manner as a reasonable, prudent owner of the Premises would doincluding any taxes thereon. Tenant shall promptly pay for, as and when they fall due, all costs of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other services to or used in respect of the Premises and the Tenant's operation therein. (b) If failure to pay when due the heating and cooling equipment electricity charges herein shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at constitute a default of this Lease. Upon Tenant's expense with reasonable promptness having regard failure to the then existing climatic conditions pay such charges Landlord may, but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack obligated to, pay such charges in place of heating or cooling andTenant, in which case the amount so paid by Landlord shall be deemed to be overdue and shall be subject to the provisions of Article 23.b. hereof. b. Tenant shall arrange and pay for adequate janitorial service to the Premises. Tenant's failure to pay when due the charges for such janitorial service, and/or its failure to provide for such service on a regular basis, shall constitute a default of this Lease. Upon Tenant's failure to pay such charges or to make arrangements for such service Landlord may, but shall not be obligated to, pay such charges or make such arrangements in place of Tenant, in which case any eventamounts paid by Landlord in connection with janitorial service furnished to the Premises shall be deemed to be overdue and shall be subject to the provisions of Article 23.b. hereof. c. Landlord shall maintain and keep lighted the common stairs, common entries and public toilet rooms in the Building of which the Premises are a part from dusk until 10:00 p.m., weekdays only. Landlord shall not be liable for for, and Tenant shall not be entitled to, any indirect or consequential losses or damages or reduction of rent by reason of Landlord's failure to furnish any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or those for whom it is in law responsible. (c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged other labor disturbances or performed in connection with any services or utilities provided to or in respect of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises. (d) Tenant's use labor disputes of any such utilities shall not exceed character, or by any other cause, similar or dissimilar, beyond the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent reasonable control of Landlord. (e) . Landlord shall not be responsible liable under any circumstances for the inadequacy a loss of or injury to property, however occurring, through or in connection with or incidental to failure to furnish any heating or cooling of the Premises if (i) the use foregoing. Whenever heat generating machines or occupancy of equipment are used in the Premises, or (ii) which affect the electrical or other power consumed on temperature otherwise maintained by the Premisesair conditioning system. Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, or (iii) including the configuration cost of partitions or other items on installation, and the Premisescost of operation and maintenance thereof, or (iv) the failure of shall be paid by Tenant to keep the equipment in good maintenance or repair or (v) the failure of Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment for heating or cooling of the PremisesLandlord upon demand by Landlord.