Common use of Utilities and Other Services Clause in Contracts

Utilities and Other Services. In the event the VILLAGE utilizes or constructs any improvements requiring utility service, as determined by the BOARD, the VILLAGE shall be responsible for installation and payment of any and all such utilities including, but not necessarily limited to electricity, field lighting, parking lot lighting, potable and irrigation water, sewer, storm water, trash and garbage. The VILLAGE shall install separate services and/or meters in its name and shall pay for such services at its sole cost and expense. In addition, the VILLAGE shall secure all necessary jurisdictional approvals, and assume any and all liability related to the maintenance, repair and replacement of water/sewer facilities located within a utility easement on the DEMISED AREA or School Site that may impact the ongoing operation and use of the improvements to be constructed by the VILLAGE under this Agreement, or replacement thereof necessitated by such activities, and the BOARD shall have no liability for the impact on the VILLAGE’s use of the DEMISED AREA during any interruption of said use. In the event maintenance, repair or replacement of such water/sewer facilities impacts any portion of the improvements to be constructed by the VILLAGE under this Agreement, the VILLAGE shall be responsible, at the VILLAGE’s sole cost and expense, for repair or replacement of said improvements in full compliance with rules, regulations, terms and conditions which may be imposed by the applicable jurisdictional entity. The VILLAGE shall notify the BOARD in a timely manner of any utility agreements requiring the approval and/or joinder of the BOARD as property owner. The BOARD will cooperate as necessary, subject to review and approval of any such agreements or documents by the BOARD or its designee, in its sole authority and discretion. It is understood and agreed that the BOARD shall not execute any agreements, other than joinders which shall be deemed strictly as evidence of consent of property owner and without any responsibility or liability whatsoever thereunder. The foregoing includes, but it is not limited to WASD Agreements and any off-site improvements which may be required by any jurisdictional agency.

Utilities and Other Services. In 15.01 From and after the event Rent Commencement Date, Tenant shall contract, in its own name, for and pay when due all charges for the VILLAGE utilizes or constructs any improvements requiring connection and use of water, gas, electricity, telephone, waste collection, sewer use and other utility service, as determined by services supplied to the BOARDDemised Premises during the Term (collectively, the VILLAGE “Utility Charges”), provided Landlord has caused such utilities to be separately metered. Tenant shall have the exclusive right to select utility providers. Landlord shall not be responsible for installation any utility interruption, except to the extent caused by the negligence or willful misconduct of Landlord or its agents, contractors, employees or representatives. To the extent that there may be any shared electricity arrangements between the Demised Premises and payment ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ (i.e., Block 1401, Lot 4 on the Tax Map of the Borough of Florham Park), which is also owned by Landlord as of the Commencement Date, Landlord shall ensure that the Demised Premises is separately metered for electricity consumption prior to the Rent Commencement Date. Notwithstanding the foregoing, in the event that Landlord shall incur Utility Charges in excess of $25,027.00 per month from and after the Commencement Date and prior to the Rent Commencement Date due to Tenant’s excessive use of utilities during the course of the performance of the Tenant’s Work or otherwise, Tenant shall reimburse Landlord for any and all such utilities includingexcess costs within thirty (30) days after receipt of written demand by Landlord. 15.02 Tenant shall contract, in its own name, for janitorial service in the Demised Premises. 15.03 Tenant shall have the right, but not necessarily limited the obligation, to electricity, field lighting, parking lot lighting, potable and irrigation water, sewer, storm water, trash and garbage. The VILLAGE shall install separate provide security services and/or meters in its name and shall pay for such services at its sole cost and expense. In addition, the VILLAGE shall secure all necessary jurisdictional approvals, and assume any and all liability related to the maintenanceProperty in accordance with the specifications determined by Tenant. Landlord shall not be liable for any lack of security in the Demised Premises or for damages for any error or other action taken with regard to the admission to or exclusion from the Demised Premises of any person, repair and replacement of water/sewer facilities located within a utility easement on except to the DEMISED AREA or School Site that may impact the ongoing operation and use of the improvements to be constructed extent caused by the VILLAGE under this Agreement, gross negligence or replacement thereof necessitated by such activities, and the BOARD willful misconduct of Landlord. 15.04 Tenant shall have no liability the right to manage and operate the Demised Premises (or any portion thereof) utilizing third parties for the impact on management and operation thereof. Notwithstanding the VILLAGE’s use of the DEMISED AREA during any interruption of said use. In the event maintenance, repair or replacement of such water/sewer facilities impacts any portion of the improvements to be constructed by the VILLAGE under this Agreement, the VILLAGE shall be responsible, at the VILLAGE’s sole cost and expense, for repair or replacement of said improvements in full compliance with rules, regulations, terms and conditions which may be imposed by the applicable jurisdictional entity. The VILLAGE shall notify the BOARD in a timely manner appointment of any utility agreements requiring third-party manager, Tenant shall remain fully responsible for the approval and/or joinder of Demised Premises in accordance with the BOARD as property owner. The BOARD will cooperate as necessary, subject to review and approval of any such agreements or documents by the BOARD or its designee, in its sole authority and discretion. It is understood and agreed that the BOARD shall not execute any agreements, other than joinders which shall be deemed strictly as evidence of consent of property owner and without any responsibility or liability whatsoever thereunder. The foregoing includes, but it is not limited to WASD Agreements and any off-site improvements which may be required by any jurisdictional agencyterms hereof.

Utilities and Other Services. In (a) Commencing on the event the VILLAGE utilizes or constructs any improvements requiring utility service, as determined by the BOARDdate of execution of this Lease, the VILLAGE LESSEE shall pay for all gas, electricity, water and sewer and any other utilities separately metered or sub-metered to the Leased Premises. The LESSEE shall be responsible for installation and all utility company deposits applicable to the supply of such services to the Leased Premises. To the extent not separately metered, LESSEE shall be responsible for the payment of any and its proportionate share of all such utilities includinggas, but not necessarily limited to electricity, field lighting, parking lot lighting, potable water and irrigation water, sewer, storm water, trash . use and garbageany other utilities not separately metered or sub-metered to the Leased Premises all as reasonably determined by LESSOR. The VILLAGE shall install separate services and/or meters in its name and shall pay for such services at its sole cost and expense. In additionUpon request by the LESSOR, the VILLAGE LESSEE shall secure all necessary jurisdictional approvals, and assume any and all liability related provide the LESSOR with evidence of payment of such charges to the maintenanceutility supplier. LESSEE shall defend, repair indemnify and replacement hold LESSOR harmless from and against any claim or liability arising from such charges made by any such utility supplier for which LESSEE is responsible. (b) about similar buildings in Cambridge. LESSOR shall not be liable to LESSEE for any compensation or reduction of water/sewer facilities located within a utility easement on rent by reason of inconvenience or annoyance or for loss of business arising from the DEMISED AREA necessity of LESSOR or School Site that may impact its agents entering the ongoing operation and use of the improvements to be constructed by the VILLAGE under this AgreementLeased Premises, or replacement thereof necessitated for LESSEE's repairing the Leased Premises if such repair is not performed by such activitiesLESSOR, and the BOARD shall have no liability or for the impact on the VILLAGE’s use of the DEMISED AREA during any interruption of said use. In the event maintenance, repair making repairs or replacement of such water/sewer facilities impacts renovations to any portion of the improvements Building, however the necessity may occur. 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 constructed performed on LESSOR's part, by the VILLAGE under this Agreement, the VILLAGE shall be responsible, at the VILLAGE’s sole cost and expense, for repair or replacement of said improvements in full compliance with rules, regulations, terms and conditions which may be imposed by the applicable jurisdictional entity. The VILLAGE shall notify the BOARD in a timely manner 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, 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 agreements requiring the approval and/or joinder system, when necessary by reason of the BOARD as property owneraccident or emergency, or until necessary repairs have been completed. The BOARD will cooperate as necessary, subject LESSOR agreeing to review and approval of use reasonable due diligence to restore any such agreements service or documents by the BOARD or its designee, in its sole authority and discretion. It is understood and agreed that the BOARD shall not execute any agreements, other than joinders which shall be deemed strictly as evidence of consent of property owner and without any responsibility or liability whatsoever thereunder. The foregoing includes, but it is not limited to WASD Agreements and any off-site improvements which may be required by any jurisdictional agencyutility service.

Utilities and Other Services. In (a) The SUBLESSEE shall pay charges for all heat, air-conditioning, electricity, water and sewer, and other utilities which are separately metered or sub-metered to the event the VILLAGE utilizes or constructs any improvements requiring utility service, as determined by the BOARD, the VILLAGE Leased Premises. SUBLESSEE shall be responsible for installation and all utility company deposits applicable to the supply of such services to the Leased Premises. SUBLESSEE shall also pay LESSEE's Proportionate Building Expense Share as set forth in the Prime Lease, of all utilities not separately metered or sub-metered to the Leased Premises but which serve the Leased Premises. Upon request by the SUBLESSOR, the SUBLESSEE shall provide the SUBLESSOR with evidence of payment of such charges. SUBLESSEE shall defend, indemnify and hold SUBLESSOR harmless from and against any and all claim or liability arising for such utilities includingcharges which SUBLESSEE is responsible for, but not necessarily limited for which it fails to electricity, field lighting, parking lot lighting, potable and irrigation water, sewer, storm water, trash and garbage. The VILLAGE shall install separate pay. (b) Except where the interruption of services and/or meters in its name and shall pay for such services at its sole cost and expense. In addition, or utilities is caused by the VILLAGE shall secure all necessary jurisdictional approvalsnegligence or act of the SUBLESSOR, and assume such interruption continues for more than five (5) consecutive business days or more than ten (10) business days within any and all liability related calendar month (whether or not consecutive), LESSOR shall not be liable to LESSEE or SUBLESSEE for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the maintenancenecessity of SUBLESSOR or its agents entering the Leased Premises, repair and replacement of water/sewer facilities located within a utility easement on the DEMISED AREA or School Site that may impact the ongoing operation and use of the improvements to be constructed by the VILLAGE under this Agreementmake repairs in order to restore utilities, or replacement thereof necessitated by such activities, and the BOARD shall have no liability for the impact on the VILLAGE’s use of the DEMISED AREA during any interruption of said use. In the event maintenance, repair making repairs or replacement of such water/sewer facilities impacts renovations to any portion of the improvements Building in order to restore utilities. 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 constructed performed on behalf of SUBLESSOR'S part, by reason of any cause beyond SUBLESSOR'S control, SUBLESSOR shall not be liable to SUBLESSEE therefor, nor shall SUBLESSEE be entitled to any abatement or reduction of rent by reason thereof, nor shall the VILLAGE under this Agreementsame give rise to a claim in SUBLESSEE's favor that such failure constitutes actual or constructive, total or partial, eviction from the Leased Premises, or any portion thereof. SUBLESSEE acknowledges that LESSOR has in the Prime Lease reserved 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 SUBLESSOR or SUBLESSEE has installed separate meters for any utilities including heat, electricity, water and sewer, and air-conditioning to the Leased Premises, the VILLAGE SUBLESSEE shall be responsible, at pay its utility charges directly to the VILLAGE’s sole cost and expense, for repair or replacement suppliers of said improvements in full compliance with rules, regulations, terms and conditions which may be imposed by such utility services before the applicable jurisdictional entitysame become delinquent. The VILLAGE SUBLESSEE shall notify have the BOARD in a timely manner of any utility agreements requiring the approval and/or joinder of the BOARD as property owner. The BOARD will cooperate as necessary, subject right to review audit said charges and approval of any such agreements or documents by the BOARD or its designee, in its sole authority and discretion. It is understood and agreed that the BOARD shall not execute any agreements, other than joinders which shall be deemed strictly as evidence of consent of property owner and without any responsibility or liability whatsoever thereunder. The foregoing includes, but it is not limited to WASD Agreements and any off-site improvements which may be required by any jurisdictional agencypayments upon reasonable notice.

Utilities and Other Services. In Buyer and Seller agree that until June 28 , 2025 (the event the VILLAGE utilizes or constructs any improvements requiring utility “Utilities Trnsfer Zlafe”), and except as provided herein, Seller will maintain its own service agreements for all utilities, including electricity, heating ventilation and air conditioning, security and fire alarm service, as determined by the BOARDsecurity services and landscaping (collectively, the VILLAGE “NacZfñtes Services Agreements”), which such Facilities Services Agreements are set forth on Schedule 6 to the Contract, and Seller shall be solely responsible for the payment of all costs associated with the Facilities Services Agreements except that Buyer shall be responsible for installation its pro - rata share of the costs of electricity from and after the Effective Date to the Utilities Transfer Date as more f'ully set forth below . Additionally, Seller will maintain its own service agreements for all additional services necessary for the operation of its business on the Real Propei and for the performance of its obligations under this Agreement (collectively, the “Seller Operiitions Agreements”) and Seller shall be solely i'esponsib 1 e for the payment of any and all such utilities including, but not necessarily limited to electricity, field lighting, parking lot lighting, potable and irrigation water, sewer, storm water, trash and garbagecosts associated with the Seller Operations Agreements . The VILLAGE Parties agree that the Facilities Services Agreements and the Seller Operations Agreements will not be assigned to the Buyer and Buyer shall install separate services and/or meters in its name not assume any liability under any of the Facilities Services Agreements or the Seller Operations Agreements . Seller represents to the Buyer that the Seller Operations Agreements are not and will not impose obligations on the Buyer or the Real Property . Prior to the Termination Date, Seller shall pay for have provided notice to all service providers under the Seller Operations Agreements that it is terminating such services at its sole cost agreements with respect to the Real Property and expensewill provide evidence of such notices to Buyer . In additionWith respect to the Facilities Services Agreements, the VILLAGE shall secure all necessary jurisdictional approvalsParties agree that on or prior to the Utilities Transfer Date, Buyer will enter into its own agreements with (i) Duke Energy for electrical service to the Real Property, (ii) The Town of Madison with respect to water service to the Real Propeity, and assume any and all liability related (iii) The Town of Madison with respect to sewer service to the maintenanceReal Property, repair and replacement Seller will either terminate or remove the Real Property from the coverage under its Facilities Services Agreement . From the Utilities Transfer Date to the Termination Date, Buyer will maintain the fire suppression system and the exhaust fans at the Real Property and be responsible for their opei'ation and service . The Parties agree to cooperate in all respects to ensure a smooth transition of water/electrical service, water service, sewer facilities located within a utility easement service, and fire suppression in order to avoid interruptions . After the Utilities Transfer Date, Buyer will be responsible for‘ the provision of electrical service, water service, sewer service and fire suppression to the Real Property in an amount sufficient to allow Seller's remaining activities on the DEMISED AREA or School Site Real Property, as allowed under this Agreement . The Parties agree that may impact each Party shall reimburse the ongoing operation and use other for its pro rata share of the improvements to be constructed by the VILLAGE under this Agreementcosts of electricity usage, or replacement thereof necessitated by such activities, and the BOARD shall have no liability for the impact on the VILLAGE’s use of the DEMISED AREA during any interruption of said use. In the event maintenance, repair or replacement of such water/sewer facilities impacts any portion of the improvements to be constructed by the VILLAGE under this Agreement, the VILLAGE shall be responsible, at the VILLAGE’s sole cost and expense, for repair or replacement of said improvements in full compliance with rules, regulations, terms and conditions which may be imposed by the applicable jurisdictional entity. The VILLAGE shall notify the BOARD in a timely manner of any utility agreements requiring the approval and/or joinder of the BOARD as property owner. The BOARD will cooperate as necessary, subject to review and approval of any such agreements or documents by the BOARD or its designee, in its sole authority and discretion. It is understood and agreed that the BOARD shall not execute any agreements, other than joinders which shall be deemed strictly as evidence of consent of property owner and without any responsibility or liability whatsoever thereunder. The foregoing includes, but it is not limited to WASD Agreements and any off-site improvements which may be required by any jurisdictional agency.with

Utilities and Other Services. In a. All electric, gas, sewer and water and other utility service will be provided directly to the event Hangar Space and the VILLAGE utilizes Office Space through existing Building Systems by the public utility, Cumberland County or constructs other utility providers servicing the Buildings. Tenant shall pay all costs and charges for all utilities consumed by Tenant at the Hangar Space and the Office Space based on the readings of one or more meters or submeters installed therein or elsewhere in the Buildings. To the extent any improvements requiring utilities furnished to the Hangar Space and/or the Office Space cannot be separately metered or Tenant is not billed directly by the public utility, Cumberland County, or such other utility serviceprovider for such utilities, Tenant shall pay to Landlord, as determined Additional Rent, all charges for all utilities used by Tenant in the Hangar Space and the Office Space, within five (5) days of Tenant’s receipt of a ▇▇▇▇ therefor. The charges for all utilities which are not separately metered or billed to Tenant shall be based upon metered use and shall be at the rates charged for such services by the BOARDlocal public authority or utility without ▇▇▇▇- up. If Tenant shall require utility capacity in excess of that which is reasonably obtainable, then Tenant shall first procure the VILLAGE consent of Landlord (which consent will not be unreasonably withheld or delayed) to such additional capacity. Tenant shall pay all costs of installation of all facilities necessary to furnish any such excess capacity and for such increased usage. b. Tenant hereby acknowledges that Landlord has leased the Premises to Tenant solely in consideration of the Rents to be paid by Tenant and the performance of the obligations herein expressly assumed by Tenant to be performed. Tenant acknowledges that, except as set forth in this Lease, Landlord has not made any representation or warranty, express or implied in fact or by law, as to the use or uses to which the Premises or any part thereof may be put. c. Tenant shall be responsible for installation all services (other than landscaping and payment snow removal) furnished to the Hangar Space and the Office Space. d. Interruptions of any services, whether or not furnished by Landlord, shall not be deemed an eviction or disturbance of Tenant’s use and all such utilities including, but not necessarily limited to electricity, field lighting, parking lot lighting, potable and irrigation water, sewer, storm water, trash and garbage. The VILLAGE shall install separate services and/or meters in its name and shall pay for such services at its sole cost and expense. In additionpossession of the Hangar Space, the VILLAGE shall secure all necessary jurisdictional approvals, and assume Office Space or any and all liability related to the maintenance, repair and replacement of water/sewer facilities located within a utility easement on the DEMISED AREA or School Site that may impact the ongoing operation and use of the improvements to be constructed by the VILLAGE under this Agreement, or replacement thereof necessitated by such activities, and the BOARD shall have no liability for the impact on the VILLAGE’s use of the DEMISED AREA during any interruption of said use. In the event maintenance, repair or replacement of such water/sewer facilities impacts any other portion of the improvements to be constructed Leased Premises, nor render Landlord liable for damages by abatement of Rent or otherwise, or relieve Tenant from the VILLAGE performance of its obligations under this Agreement, Lease. e. All utilities servicing the VILLAGE Ramp shall be responsibleseparately metered, at the VILLAGETenant’s sole cost and expense, and Tenant shall be responsible for repair or replacement the payment of said improvements in full compliance with rules, regulations, terms all such utilities. Tenant will be responsible for providing for its own telephone service and conditions which any electrical outlets that may be imposed by the applicable jurisdictional entity. The VILLAGE shall notify the BOARD in a timely manner of any utility agreements requiring the approval and/or joinder of the BOARD as property owner. The BOARD will cooperate as necessary, subject to review and approval of any such agreements or documents by the BOARD or necessary for installing its designee, in its sole authority and discretion. It is understood and agreed that the BOARD shall not execute any agreements, other than joinders which shall be deemed strictly as evidence of consent of property owner and without any responsibility or liability whatsoever thereunder. The foregoing includes, but it is not limited to WASD Agreements and any off-site improvements which may be required by any jurisdictional agencyoperating equipment.