Utilities and Services 17.1 As part of the Operating Expenses, Landlord shall provide those utilities and services set forth on Exhibit B to this Lease. Tenant shall pay for such utilities and services, and all other water (including the cost to service, repair and replace any reverse osmosis, de-ionized and other treated water systems), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon as a reasonable proportion (to be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses. Tenant’s employees operating at the Project shall have the non-exclusive right to reasonable use of the Building’s workout room (subject to each employee’s and Tenant’s execution of Landlord’s standard form of liability waiver and release), and Tenant shall have the right to use the Common Area conference rooms and video conference facility on a “first come, first served” basis. 17.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by Force Majeure; provided, however, that Landlord hereby represents and warrants that as of the date of this Lease, the emergency generator and UPS system serving the Building are operable and have sufficient capacity to carry Landlord’s reasonable estimate of the electrical load requirements of the tenants of the Building in the event of a power interruption. In the event of such failure, as long as such failure is not attributable to the gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 17.3 Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 17.4 Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including, without limitation, data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services. 17.5 If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services. Notwithstanding the foregoing, as part of Operating Expenses Tenant shall have the right to have Landlord’s agent perform autoclave and glass washing services for Tenant’s laboratory glassware in the Common Area glass washing facility between the hours of 7:30 a.m. and 4:00 p.m. daily (excluding non-business days); provided that Tenant shall ▇▇▇▇ and inventory any items provided to Landlord’s agent for washing; and further provided that Landlord shall cause its agent to provide such autoclave and glass washing services in a manner consistent with customary levels of quality and timeliness for such services in the San Diego market. 17.6 Utilities and services provided by Landlord to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 17.7 Landlord shall provide water in Common Areas for lavatory purposes only. 17.8 Subject to Landlord’s obligation to repair and maintain in operation in accordance with this Lease the emergency generator and other UPS equipment serving the Building, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply not attributable to Landlord’s gross negligence or willful misconduct, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure. Notwithstanding the foregoing, if all or a portion of the Premises is rendered untenantable due to the failure of any Building systems during the Term due to Landlord’s gross negligence or willful misconduct (including, without limitation, Landlord’s failure to timely pay utility bills), Tenant shall not be responsible for payment of Base Rent for any period after the first (1st) five (5) business days of such untenantability until such systems return to functionality; provided, however, that tenant shall promptly provide Landlord with written notice of the failure of any such Building systems. 17.9 For the Premises, Landlord shall (a) maintain and operate the heating, ventilating and air conditioning systems used for the Permitted Use only (“HVAC”) and (b) subject to clause (a) above, furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, and in compliance with the requirements set forth in Article 23 of this Lease.