Common use of Utilities and Other Services Clause in Contracts

Utilities and Other Services. (a) The LESSEE shall pay charges for all heat, air-conditioning, electricity, and water and sewer use charges and all other utilities separately metered or sub-metered to the Leased Premises, and LESSEE shall be responsible for all utility company deposits applicable to the supply of such services to the Leased Premises. LESSEE shall also be responsible for the payment of its proportionate share of all water and sewer use and utilities or separately metered or sub-metered to the Leased Premises all as reasonably determined by LESSOR. Upon request by the LESSOR, the LESSEE shall provide the LESSOR with evidence of payment of such charges. LESSEE shall defend, indemnify and hold LESSOR harmless from and against any 11 claim or liability arising for such charges for which LESSEE is responsible. (b) LESSOR agrees to furnish reasonable heat to the stairways, elevators and other common areas in the Building, or portions thereof, as necessary for comfortable occupancy and to provide adequate lighting to passageways and stairways and all parking areas and walkways providing access from the Building to the parking area in the evening during customary business hours on regular business days, and to furnish ordinary repairs and cleaning of the common areas and facilities of the Building and to the parking areas and removal of snow and ice reasonably promptly after snowfall and ice accumulation have ended to all walkways, access ways and approaches to the Building and the parking lots as is customary in or about similar buildings in Cambridge. LESSEE shall have access to the Leased Premises on a 365 day per year, 24 hours per day basis. LESSOR shall, at its own costs, provide for LESSEE to be listed on all Building tenant directories. LESSOR shall not be liable to LESSEE for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of LESSOR or its agent entering the Leased Premises, or for LESSOR's repairing the Leased Premises if such repair is not performed by LESSOR, or for making repairs or renovations to any portion of the Building, however, the necessity may occur unless the same is due to the LESSOR's gross negligence. In case LESSOR is prevented or delayed from making any such repairs or alterations, or supplying the utilities or services provided for herein, or performing any other covenant or duty to be performed on LESSOR's part, by reason of any cause beyond LESSOR's control, LESSOR shall not be liable to LESSEE therefor, nor shall LESSEE be entitled to any abatement or reduction of rent by reason thereof. 12 nor shall the same give rise to a claim in LESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction from the Leased Premises, or any portion thereof. LESSOR reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed. (c) To the extent that LESSOR has installed separate meters for all utilities including heat, electricity, water and sewer, and air-conditioning, the LESSEE shall pay its utility charges directly to the suppliers of such utility services, as billed by the LESSOR within ten (10) days of receipt of said bill ▇▇▇ at least before the same become delinquent. If there are not separate meters, then LESSEE shall pay its pro rata share of the utility cost, as billed by LESSOR. The LESSEE and LESSOR shall have the right to audit said charges and payments upon reasonable notice.

Utilities and Other Services. (a) The LESSEE shall pay charges for all heatAs long as Tenant is not in default under any covenants of this Lease, air-conditioningLandlord, electricityduring the hours (the “Working Hours”) of 7:00 A.M. to 7:00 P.M. on weekdays and 9:00 A.M. to 1:00 P.M. on Saturdays, excluding legal holidays, shall, at its expense but subject to reimbursement pursuant to Section 4(a), furnish the Premises with heat and air conditioning (“HVAC”) in the respective seasons, and provide the Premises with electricity not to exceed five (5) ▇▇▇▇▇ per usable square foot of consumed electrical current for lighting and usual office equipment. At any hours other than the Working Hours, such heat and air conditioning services will be provided at Tenant’s expense at Landlord’s then-current rate therefor, which currently is $27.00 per hour per floor. Landlord shall also, at its expense but subject to reimbursement pursuant to Section 4(a), furnish the Premises with potable water and sewer services necessary for Tenant’s reasonable use charges of the Premises. Notwithstanding anything herein to the contrary: (i) if Landlord reasonably determines that Tenant’s use of electricity exceeds five (5) ▇▇▇▇▇ per usable square foot of consumed electrical current, Tenant agrees to pay for the installation of separate meters to measure electric usage in excess of normal office use and to pay Landlord for all other utilities electricity registered in such submeters; and (ii) any supplemental heating and/or cooling systems and equipment serving the Premises shall be separately metered or sub-metered to the Leased PremisesPremises at Tenant’s cost, and LESSEE Tenant shall be solely responsible for all utility company deposits applicable electricity registered by such meters. If Tenant pays for its electric usage pursuant to the supply any such separate meters as described above, then Tenant’s Share of such services Operating Expenses shall be amended to the Leased Premises. LESSEE shall also be responsible exclude from Operating Expenses all electrical costs incurred for the payment teased areas of the Building and Project. Tenant, at its proportionate share of all water expense, shall make arrangements with the applicable utility companies and sewer use public bodies to provide, in Tenant’s name, telephone, cable and utilities any other utility service desired by Tenant. Landlord shall not be liable for any interruption or separately metered delay in electric or sub-metered to the Leased Premises all as reasonably determined by LESSOR. Upon request any other utility service for any reason unless caused by the LESSOR, the LESSEE shall provide the LESSOR with evidence negligence or willful misconduct of payment of such charges. LESSEE shall defend, indemnify and hold LESSOR harmless from and against any 11 claim or liability arising for such charges for which LESSEE is responsibleLandlord. (b) LESSOR agrees to furnish reasonable heat to the stairways, elevators and other common areas in the Building, or portions thereof, as necessary for comfortable occupancy and to provide adequate lighting to passageways and stairways and all parking areas and walkways providing access from the Building to the parking area in the evening during customary business hours on regular business days, and to furnish ordinary repairs and cleaning Use of the common areas and facilities of the Building and to the parking areas and removal of snow and ice reasonably promptly after snowfall and ice accumulation have ended to all walkways, access ways and approaches to the Building and the parking lots as is customary in or about similar buildings in Cambridge. LESSEE shall have access to the Leased Premises on a 365 day per year, 24 hours per day basis. LESSOR shall, at its own costs, provide for LESSEE to be listed on all Building tenant directories. LESSOR shall not be liable to LESSEE for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of LESSOR or its agent entering the Leased Premises, or for LESSOR's repairing the Leased Premises if such repair is not performed by LESSOR, or for making repairs or renovations to any portion of the Building, however, the necessity may occur unless the same is due to the LESSOR's gross negligence. In case LESSOR is prevented or delayed from making any such repairs or alterations, or supplying the utilities or services provided for herein, or performing any other covenant or duty to be performed on LESSOR's part, by reason of any cause beyond LESSOR's control, LESSOR shall not be liable to LESSEE therefor, nor shall LESSEE be entitled to any abatement or reduction of rent by reason thereof. 12 nor shall the same give rise to a claim in LESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction from the Leased Premises, or any portion part thereof, in a manner exceeding the design conditions (including occupancy and connected electrical load) for the heating or cooling units in the Premises, or rearrangement of partitioning which interferes with normal operation of the HVAC system in the Premises, may require changes in the HVAC system servicing the Premises. LESSOR reserves Landlord has no obligation to keep cool any of Tenant’s information technology equipment that is placed together in one room, on a rack, or in any similar manner (“IT Equipment”), and Tenant waives any claim against Landlord in connection with Tenant’s IT Equipment. If Tenant exceeds the right to stop any service design conditions for the heating or utility cooling units in the Premises or introduces into the Premises equipment that overloads the system, when necessary and/or in any other way causes the system not adequately to perform their proper functions, supplementary systems may at Landlord’s option be provided by reason Landlord at Tenant’s expense. Tenant shall not change or adjust any closed or sealed thermostat or other element of accident the HVAC system without Landlord’s express prior written consent. Landlord may install and operate meters or emergencyany other reasonable system for monitoring or estimating any services or utilities used by Tenant in excess of those required to be provided by Landlord (including a system for Landlord’s engineer reasonably to estimate any such excess usage). If such system indicates such excess services or utilities, Tenant shall pay Landlord’s reasonable charges for installing and operating such system and any supplementary air conditioning, ventilation, heat, electrical, or until necessary repairs have been completedother systems or equipment (or adjustments or modifications to the existing Building systems and equipment), and Landlord’s reasonable charges for such amount of excess services or utilities used by Tenant. (c) At Tenant’s election and cost, Tenant may install, operate, and maintain one or more supplemental, separately-metered HVAC systems reasonably necessary for Tenant’s business operations (the “Supplemental HVAC System”) at a location on the roof of the Building determined by the MEP Engineer (as defined in Exhibit D). Tenant may use the Supplemental HVAC System to provide HVAC service to the Premises at any time or times as selected by Tenant. Tenant may, at its election, use the Supplemental HVAC System to provide HVAC service to the Premises after the above-described Working Hours, however, this will not prevent Tenant from also obtaining from Landlord HVAC service to the Premises after the Working Hours, provided that Tenant pays the above-described after hours HVAC rate. The installation, maintenance, use, and operation of the Supplemental HVAC System shall comply with Laws, and Tenant shall receive all approvals, consents, and permits required under the applicable Laws before the installation, maintenance, use, and operation thereof. To the extent that LESSOR has installed separate meters any permits or registrations are required for the installation or operation of the Supplemental HVAC System, they shall be obtained in Tenant’s name. Before beginning the installation of the Supplemental HVAC System, Tenant shall deliver to Landlord plans and specifications therefor prepared by a registered professional engineer and setting forth in detail the design and method of installation, which plans and specifications are subject to Landlord’s approval, not to be unreasonably withheld, conditioned or delayed. Tenant may install the Supplemental HVAC System provided that such work is coordinated with Landlord and is performed in a good and workmanlike manner, in accordance with all utilities including heatapplicable Laws and the plans and specifications therefore and in a manner so as not to damage the Building; thereafter, electricityTenant shall use, water and sewermaintain, and airoperate the Supplemental HVAC System in a good, clean, and safe condition and in accordance with all applicable Laws and all manufacturer’s suggested maintenance programs, all at Tenant’s sole cost and expense. Tenant shall pay the monthly electrical submeter charges for the Supplemental HVAC System throughout the Term and such charges shall not include any markup or additional fee or cost charged by Landlord. Tenant shall repair all damage to the Building caused by the installation, use, maintenance or operation of the Supplemental HVAC System. At the end of the Term or Tenant’s right to possession of the Premises and at Landlord’s election, Tenant shall remove the Supplemental HVAC System; provided if requested by Tenant at the time of submission of its plans and specifications for the Supplemental HVAC System, Landlord shall advise Tenant at the time of its consent to the plans of Landlord’s election regarding Tenant’s obligation to remove the Supplemental HVAC System or leave it in place. LANDLORD SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES FOR LOSSES, DAMAGES OR INJURY TO PERSONS OR PROPERTY CAUSED BY, RELATED TO, OR ARISING OUT OF OR IN CONNECTION WITH, ANY SUCH CONNECTION TO, USE OF, OR FAILURE, NON-conditioningPERFORMANCE OR INADEQUATE PERFORMANCE OF, THE SUPPLEMENTAL HVAC SYSTEM, AND TENANT HEREBY RELEASES LANDLORD FROM ANY AND ALL LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY THE NEGLIGENCE OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS EMPLOYEES AND/OR AGENTS). (d) Landlord shall also furnish to Tenant and the Premises, the LESSEE costs of which shall pay its utility charges directly be included in Operating Expenses: (1) potable water at those points of supply provided for general use of tenants of the Building 24 hours per day 7 days per week; (2) HVAC service to the suppliers of Premises, at such utility servicestemperatures and in such amounts as are standard for comparable first-class office buildings; (3) janitorial service to the Premises five days per week, other than holidays, and such window washing as billed may from time to time be required as reasonably determined by Landlord; (4) elevators for ingress and egress to the LESSOR within ten floor on which the Premises are located 24 hours per day 7 days per week, in common with other tenants; (105) electrical current 24 hours per day 7 days per week for equipment that does not require more than 110 volts and whose electrical energy consumption does not exceed normal office usage; and (6) adequate restroom facilities. (e) Tenant has informed Landlord that Tenant’s normal business hours are 6:30 a.m. to 10:00 p.m. seven (7) days per week and that the HVAC services described above will be provided to the Premises during those hours and expanded hours if Tenant so elects to expand its hours, subject to the terms of receipt of said bill ▇▇▇ at least before the same become delinquent. If there are not separate meters, then LESSEE shall pay its pro rata share of the utility cost, as billed by LESSOR. The LESSEE and LESSOR shall have the right to audit said charges and payments upon reasonable noticeSection 5(a).

Utilities and Other Services. (a) The LESSEE shall pay charges for all gas, heat, air-conditioning, conditioning and electricity, and water and sewer use charges and all other utilities separately metered or sub-metered to the Leased Premises, and . LESSEE shall be responsible for all utility company deposits applicable to the supply of such services to the Leased Premises. LESSEE shall also be responsible for the payment of its proportionate share of all water and sewer use and utilities or not separately metered or sub-metered to the Leased Premises all as reasonably determined by LESSOR. Upon request by the LESSOR, the LESSEE shall provide the LESSOR with evidence of any direct payment of such charges. LESSEE shall defend, indemnify and hold LESSOR harmless from and against any 11 claim or liability arising for such charges for which LESSEE is responsibleresponsible for. (b) LESSOR agrees to furnish reasonable heat to the stairways, elevators and other common areas in the Building, or portions thereof, as necessary for comfortable occupancy during and to provide adequate lighting to passageways and stairways and all parking areas and walkways providing access from the Building to the parking area in the evening during customary business hours on regular business days, and to furnish ordinary repairs and cleaning of the common areas and facilities of the Building and to the parking areas Complex and removal of snow and ice reasonably promptly after snowfall snow fall and ice accumulation have ended to all walkways, access ways accessways and approaches to the Building and the parking lots facility as is customary in or about similar buildings in Cambridge. LESSEE shall have access to the Leased Premises on a 365 day per year, 24 hours per day basis. LESSOR shall, at its own costs, provide for LESSEE to be listed on all Building tenant directories. LESSOR shall not be liable to LESSEE for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of LESSOR or its agent agents entering the Leased Premises, or for LESSORLESSEE's repairing the Leased Premises if such repair is not performed by LESSOR, or for making repairs or renovations to any portion of the Building, however, the necessity may occur unless the same is due to the LESSOR's gross negligenceoccur. In case LESSOR is prevented or delayed from making any such repairs or alterations, or supplying the utilities or services provided for herein, or performing any other covenant or duty to be performed on LESSOR's part, by reason of any cause beyond LESSOR's control, LESSOR shall not be liable to LESSEE therefor, nor shall LESSEE be entitled to any abatement or reduction of rent by reason thereof. 12 , nor shall the same give rise to a claim in LESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction from the Leased Premises, or any portion thereof. LESSOR reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed. (c) To the extent that LESSOR has installed there are separate meters for all any utilities including heat, electricity, water and sewer, and air-air conditioning, the LESSEE shall pay its utility charges directly to the suppliers of such utility services, as billed by the LESSOR within ten (10) days of receipt of said bill ▇▇▇ services and at least before the same become delinquent. If there are not separate meters, then LESSEE shall pay its pro rata share of the utility cost, as billed by LESSOR. The LESSEE and LESSOR shall have the right to audit said charges and payments upon reasonable notice.

Utilities and Other Services. (a) The LESSEE shall pay charges for all gas, heat, air-conditioning, conditioning and electricity, and water and sewer use charges and all other utilities separately metered or sub-metered to the Leased Premises, and . LESSEE shall be responsible for all utility company deposits applicable to the supply of such services to the Leased Premises. LESSEE shall also be responsible for the payment of its proportionate share of all water and sewer use and utilities or not separately metered or sub-metered to the Leased Premises all as reasonably reasonable determined by LESSOR. Upon request by the LESSOR, the LESSEE shall provide the LESSOR with evidence of any direct payment of such charges. LESSEE shall defend, indemnify and hold LESSOR harmless from and against any 11 claim or liability arising for such charges for which LESSEE is responsibleresponsible for. (b) LESSOR agrees to furnish reasonable heat and air conditioning to the stairways, elevators and other common areas in the Building, or portions thereof, as necessary for comfortable occupancy and to provide adequate lighting to passageways and stairways and all parking areas and walkways providing access from the Building to the parking area in the evening during customary business hours on regular business days, and to furnish ordinary repairs and cleaning of the common areas and facilities of the Building and to the parking areas Complex and removal of snow and ice reasonably promptly after snowfall and ice accumulation have ended to all walkways, access ways and approaches to the Building and the parking lots facility as is customary in or about similar buildings in Cambridge. LESSEE shall have access to the Leased Premises on a 365 day per year, 24 hours per day basis. LESSOR shall, at its own costs, provide for LESSEE to be listed on all Building tenant directories. LESSOR shall not be liable to LESSEE for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of LESSOR or its agent agents entering the Leased Premises, or for LESSORLESSEE's repairing the Leased Premises if such repair is not performed by LESSOR, or for making repairs or renovations to any portion of the Building, however, however the necessity may occur unless the same is due to the LESSOR's gross negligenceoccur. In case LESSOR is prevented or delayed from making any such repairs or alterations, or supplying the utilities or services provided for herein, or performing any other covenant or duty to be performed on LESSOR's part, by reason of any cause beyond LESSOR's control, LESSOR shall not be liable to LESSEE therefor, nor shall LESSEE be entitled to any abatement or reduction of rent by reason thereof. 12 , nor shall the same give rise to a claim in LESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction from the Leased Premises, or any portion thereofthereof except that in the event utilities are not provided to the Leased Premises for at least ninety (90) consecutive days then LESSEE shall be entitled to rent abatement going forward on the unusable portion of the Leased Premises or shall have the right to terminate this Lease. LESSOR reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed. (c) To to the extent that LESSOR has installed there are separate meters for all any utilities including heat, electricity, water and sewer, and air-conditioning, the LESSEE shall pay its utility charges directly to the suppliers of such utility services, as billed by the LESSOR within ten (10) days of receipt of said bill ▇▇▇ services at least before the same become delinquent. If there are not separate meters, then LESSEE shall pay its pro rata share of the utility cost, as billed by LESSOR. The LESSEE and LESSOR shall have the right to audit said charges and payments upon reasonable notice.

Utilities and Other Services. (a) The Commencing on the date of execution of this Lease, the LESSEE shall pay charges for all heat, air-conditioninggas, electricity, and water and sewer use charges and all any other utilities separately metered or sub-metered to the Leased Premises, and . The LESSEE shall be responsible for all utility company deposits applicable to the supply of such services to the Leased Premises. To the extent not separately metered, LESSEE shall also be responsible for the payment of its proportionate share of all gas, electricity, water and sewer use and any other utilities or not separately metered or sub-metered to the Leased Premises all as reasonably determined by LESSOR. Upon request by the LESSOR, the LESSEE shall provide the LESSOR with evidence of payment of such chargescharges to the utility supplier. LESSEE shall defend, indemnify and hold LESSOR harmless from and against any 11 claim or liability arising for from such charges made by any such utility supplier for which LESSEE is responsible. (b) LESSOR agrees to furnish reasonable heat to the stairways, elevators and other common areas in the Building, or portions thereof, as necessary for comfortable occupancy and to provide adequate lighting to passageways and stairways and all parking areas and walkways providing access from the Building to the parking area in the evening during customary business hours on regular business days, and to furnish ordinary repairs and cleaning of the common areas and facilities of the Building and to the parking areas and removal of snow and ice reasonably promptly after snowfall and ice accumulation have ended to all walkways, access ways accessways and approaches to the Building and the parking lots facility as is customary in or about similar buildings in Cambridge. LESSEE shall have access to the Leased Premises on a 365 day per year, 24 hours per day basis. LESSOR shall, at its own costs, provide for LESSEE to be listed on all Building tenant directories. LESSOR shall not be liable to LESSEE for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of LESSOR or its agent agents entering the Leased Premises, or for LESSOR's LESSEE'S repairing the Leased Premises if such repair is not performed by LESSOR, or for making repairs or renovations to any portion of the Building, however, however the necessity may occur unless the same is due to the LESSOR's gross negligenceoccur. In case LESSOR is prevented or delayed from making any such repairs or alterations, or supplying the utilities or services provided for herein, or performing any other covenant or duty to be performed on LESSOR's part, by reason of any cause beyond LESSOR's control, LESSOR shall not be liable to LESSEE therefor, nor shall LESSEE be entitled to any abatement or reduction of rent by reason thereof. 12 , nor shall the same give rise to a claim in LESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction from the Leased Premises, or any portion thereof. LESSOR reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed. LESSOR agreeing to use reasonable due diligence to restore any such service or utility service. (c) To the extent that LESSOR has installed separate meters for all utilities including heat, electricity, water and sewer, and air-conditioning, the LESSEE shall pay its utility charges directly to the suppliers of such utility services, as billed by the LESSOR within ten (10) days of receipt of said bill ▇▇▇ at least before the same become delinquent. If there are not separate meters, then LESSEE shall pay its pro rata share of the utility cost, as billed by LESSOR. The LESSEE and LESSOR shall have the right to audit said charges and payments upon reasonable notice.

Utilities and Other Services. (a) The LESSOR shall provide and the LESSEE shall pay charges for all heat, air-conditioning, electricity, and water and sewer use charges and all other utilities separately metered or sub-metered to the Leased Premises, and LESSEE shall be responsible for all utility company deposits applicable to the supply of such services to the Leased Premises. LESSEE shall also be responsible for the payment of its proportionate share of all water and sewer use and such utilities or not separately metered or sub-metered to the Leased Premises but which serve the Leased Premises, all as reasonably determined by LESSOR. Upon request by the LESSOR, the LESSEE shall provide the LESSOR with evidence of payment of such charges. LESSEE shall defend, indemnify and hold LESSOR harmless from and against any 11 claim or liability arising out of LESSEE's failure to pay for such charges for which LESSEE is responsible. (b) LESSOR agrees to furnish reasonable heat to the stairways, elevators and other common areas in the Building, or portions thereof, as necessary for comfortable occupancy twenty-four (24) hours, seven (7) days per week of the heating season of each year and to provide adequate lighting to passageways and stairways and all parking areas and walkways providing access from the Building to the parking area in the evening during customary business hours on regular business daystwenty-four (24) hours, seven (7) days per week and to furnish ordinary repairs and cleaning of the common areas and facilities of the Building and to the parking areas Complex and removal of snow and ice reasonably promptly after snowfall and ice accumulation have ended to all walkways, access ways accessways and approaches to the Building and the parking lots facility as is customary in or about similar buildings in Cambridge. LESSEE shall have access to the Leased Premises on a 365 day per year, 24 hours per day basis. LESSOR shall, at its own costs, provide for LESSEE to be listed on all Building tenant directories. LESSOR shall not be liable to LESSEE for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of LESSOR or its agent agents entering the Leased Premises, or for LESSORLESSEE's repairing the Leased Premises if such repair is not performed by LESSOR, or for making repairs or renovations to any portion of the Building, however, however the necessity may occur unless the same is due to the LESSOR's gross negligenceoccur. In case LESSOR is prevented or delayed from making any such repairs or alterations, or supplying the utilities or services provided for herein, or performing any other covenant or duty to be performed on LESSOR's part, by reason of any cause beyond LESSOR's control, LESSOR shall not be liable to LESSEE therefor, nor shall LESSEE be entitled to any abatement or reduction of rent by reason thereof. 12 , nor shall the same give rise to a claim in LESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction from the Leased Premises, or any portion thereof. LESSOR reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed. (c) To the extent that LESSOR has installed at its own expense separate meters for all utilities including heat, electricity, water and sewer, and air-air conditioning, the . The LESSEE shall pay its utility charges chargzes directly to the suppliers of such utility services, as billed by the LESSOR within ten (10) days of receipt of said bill ▇▇▇▇ and at least before the same become delinquent. If there are not separate meters, then LESSEE shall pay its pro rata share of the utility cost, as billed by LESSOR. The LESSEE and LESSOR shall have the right to audit said charges and payments upon reasonable notice.

Utilities and Other Services. (a) The LESSEE Lessor shall pay all charges for all heat, air-conditioninggas, electricity, light, heat and water power used, rendered or supplied upon or in connection with the use of the Premises. Notwithstanding the foregoing, the Lessee shall pay the Lessor for HVAC usage in excess of ten (10) hours per day, at the rate of $35.00 per hour. The Lessee shall pay all charges for telephone services or other communication services and sewer use charges and all other utilities separately metered or sub-metered to shall indemnify the Leased Premises, and LESSEE Lessor against any liability on such account if any such liability shall occur. The Lessor during the term of this lease shall be responsible for the repair and maintenance of all utility company deposits applicable structural portions and the exterior of the building (including the roof, exterior walls, bearing walls, support beams, foundations, columns and lateral support to the supply building) of such services to the Leased Premisesleased premises, including doors, windows, plumbing, heat, air conditioning, electrical and electrical fixtures and the repair of all casualty damage, whether or not caused by Lessee's negligence. LESSEE The Lessor shall also not, however, be responsible for the payment maintenance or repair of its proportionate share of all water and sewer use and utilities rugs or separately metered or sub-metered to the Leased Premises all as reasonably determined by LESSOR. Upon request fixtures installed by the LESSORLessee, painting or repair of interior walls except as hereinafter set forth, and any and all non-casualty damages caused by the negligence of the Lessee, its agents, servants, employees, and/or customers. In addition, the LESSEE shall provide the LESSOR with evidence of payment of such charges. LESSEE shall defend, indemnify and hold LESSOR harmless from and against any 11 claim or liability arising for such charges for which LESSEE is responsible. (b) LESSOR Lessor agrees to furnish reasonable heat to the stairwaysprovide daily cleaning and janitorial services as described on Exhibit "D" attached hereto, elevators lamp replacements (building fixtures only), water, air conditioning, snow removal and other common areas in the Building, or portions thereof, as necessary for comfortable occupancy and to provide adequate lighting to passageways and stairways and all parking areas and walkways providing access from the Building to maintenance of the parking area in area. The Lessor shall be responsible for the evening during customary business hours on regular business daysmaintenance and repair of interior walls, ceilings, floors and to furnish ordinary repairs and cleaning floor coverings of the common areas and facilities of the Building and to the parking areas and removal of snow and ice reasonably promptly after snowfall and ice accumulation have ended to all walkways, access ways and approaches to the Building and the parking lots as is customary in or about similar buildings in Cambridge. LESSEE shall have access to the Leased Premises on a 365 day per year, 24 hours per day basis. LESSOR shall, at its own costs, provide for LESSEE to be listed on all Building tenant directories. LESSOR shall not be liable to LESSEE for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of LESSOR or its agent entering the Leased Premises, or for LESSOR's repairing the Leased Premises if such repair is not performed by LESSOR, or for making repairs or renovations to any portion Common Areas of the Building, however, the necessity may occur unless the same is due as well as exterior improvements to the LESSORLand, including curbs driveways, parking areas, sidewalks, lighting, exterior signs, ditches, shrubbery, landscaping and fencing. The Lessor shall provide passenger elevator service, toilet facilities and supplies, sewage facilities, hot and cold water, vermin extermination, electricity for the Lessee's gross negligence. In case LESSOR is prevented or delayed from making any such repairs or alterationsneeds, or supplying HVAC for the utilities or services provided for hereinLessee's comfortable use and occupancy, or performing any other covenant or duty after hours HVAC service at an added charge (to be performed on LESSOR's partagreed upon by Lessor and Lessee), by reason removal of any cause beyond LESSOR's controlice, LESSOR shall not be liable to LESSEE therefor, nor shall LESSEE be entitled to any abatement or reduction of rent by reason thereof. 12 nor shall the same give rise to a claim in LESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction snow and debris from the Leased Premisesexterior common areas, or any portion thereof. LESSOR reserves the right including but not limited to stop any service or utility systemwalkways, when necessary by reason of accident or emergency, or until necessary repairs have been completed. (c) To the extent that LESSOR has installed separate meters for all utilities including heat, electricity, water and sewerparking lots, and air-conditioningother paved surfaces, the LESSEE shall pay its utility charges directly to the suppliers of such utility landscaping maintenance and services, as billed by the LESSOR within ten (10) days of receipt of said bill ▇▇▇ at least before the same become delinquent. If there are not separate metersbuilding and parking lot security, then LESSEE shall pay its pro rata share of the utility cost, as billed by LESSOR. The LESSEE and LESSOR shall have the right to audit said charges and payments upon reasonable noticelobby directory signage.

Utilities and Other Services. (a) The LESSEE shall pay charges for all heat, air-conditioning, electricity, and water and sewer use charges and all other utilities separately metered or sub-metered to the Leased Premises, and LESSEE shall be responsible for all utility company deposits applicable to the supply of such services to the Leased Premises. LESSEE shall also be responsible for the payment of its proportionate share of all water and sewer use and utilities or not separately metered or sub-metered to the Leased Premises all as reasonably determined by LESSOR. Upon written request by the LESSOR, the LESSEE shall provide the LESSOR with evidence of payment of such charges. LESSEE shall defend, indemnify and hold LESSOR harmless from and against any 11 claim or liability arising for such charges for which LESSEE is responsibleresponsible for. LESSEE hereby confirms that the existing electrical service provided by LESSOR to the Leased Premises is as follows: first floor - 800 amps; second floor - three (3) 200 amp services; and second floor roof for HVAC units - 300 amps. All service is 120/208 volts, three (3) phase, four (4) wire. (b) LESSOR agrees to furnish reasonable heat to the stairways, elevators and other common areas in the Building, or portions thereof, as necessary for comfortable occupancy and to provide adequate lighting and life safety systems to passageways and stairways and all parking areas and walkways providing access from the Building to the parking area in the evening during customary business hours on regular business days, and to furnish ordinary repairs and cleaning of the common areas and facilities of in and around the Building and to including the parking lot and landscaped areas and removal of snow and ice reasonably promptly after snowfall and ice accumulation have ended to all walkways, access ways and approaches to the Building and the parking lots as is customary in or about similar buildings in Cambridge. Notwithstanding the above, during the time period LESSEE and Phar Lap Software Inc. ("Phar Lap") share occupancy of the second floor, Phar Lap shall have access continue to maintain the Leased Premises on a 365 day per year, 24 hours per day basis. LESSOR shall, at second floor common area (including restrooms) pursuant to its own costs, provide for LESSEE to be listed on all Building tenant directorieslease obligations with LESSOR. LESSOR shall not be liable to LESSEE for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of LESSOR or its agent entering the Leased Premises, or for LESSOR's repairing the Leased Premises if such repair is not performed by LESSORLESSEE, or for making repairs or renovations to any portion of the Building, however, the necessity may occur unless the same is due to the LESSOR's gross negligenceoccur. In case LESSOR is prevented or delayed from making any such repairs or alterations, or supplying the utilities or services provided for herein, or performing any other covenant or duty to be performed on LESSOR's part, by reason of any cause beyond LESSOR's control, LESSOR shall not be liable to LESSEE therefor, nor shall LESSEE be entitled to any abatement or reduction of rent by reason thereof. 12 , nor shall the same give rise to a claim in LESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction from the Leased Premises, or any portion thereof. thereof LESSOR reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed. Notwithstanding the above provisions, in the event that LESSOR's failure to repair, alter or supply the utilities or services provided for herein, or the failure of LESSOR to perform any other covenant or duty required by this Lease (subject to the provisions of the Lease) continues for a period of greater than thirty (30) days, LESSEE shall have the right to make such repairs and offset the cost of such repairs against Base Rent. (c) To the extent that LESSOR has installed separate meters for all utilities including heat, electricity, water and sewer, and air-conditioning, the LESSEE shall pay its utility charges directly to the suppliers of such utility services, as billed by the LESSOR within ten (10) days of receipt of said bill ▇▇▇▇ and at least before the same become delinquent. If there are not separate meters, then LESSEE shall pay its pro rata share of the utility cost, as billed by LESSOR. The LESSEE and LESSOR shall have the right to audit said charges and payments upon reasonable notice.