Common use of Utilities and Services Clause in Contracts

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts

Utilities and Services. 16.117.1 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 waterwater 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. If any such utility is not separately metered thereon as a reasonable proportion (to Tenant, Tenant shall pay Tenant’s Adjusted Share be equitably determined by Landlord) of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilitiesOperating 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), then and Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities have the right to reflect such excess. In use the event that the Building or Project is less than fully occupied during Common Area conference rooms and video conference facility on a calendar year“first come, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionfirst served” basis. 16.2. 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 accidentsForce Majeure; breakage; casualties (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 extent gross negligence or intentional misconduct of Landlord or any of its agents or employees. Tenant shall not caused 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 claiming 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; Severe Weather Conditions 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 defined below); physical natural disasters reasonably required (but excluding weather conditions except as this Lease otherwise provides or as to any special requirements that are not Severe Weather Conditions); strikesarise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, lockouts 365 or other labor disturbances or labor disputes (other than labor disturbances 366 days a year, and labor disputes resulting solely from in compliance with the actsrequirements set forth in Article 23 of this Lease.

Utilities and Services. 16.1Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services which are attached hereto as Exhibit “E”, and incorporated herein by this reference (“Standards for Utilities and Services”), subject to the conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or cause to be furnished any of the foregoing items shall not result in any liability of Landlord. Landlord shall not be responsible or liable for any loss, damage, or expense that Tenant shall pay for all water (including the cost to may incur as a result of any change of utility service, repair and replace reverse osmosisincluding any change that makes the utility supplied less suitable for Tenant’s needs, de-ionized and other treated water)or for any failure, gasinterruption, heatstoppage, light, power, telephone, internet or defect in any utility service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to TenantIn addition, Tenant shall pay Tenant’s Adjusted Share not be entitled to any abatement or reduction of all charges Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease by reason of any such utility jointly metered with other premises as Additional Rent orchange, in failure, interruption, stoppage or defect. In the alternativeevent of any such failure, interruption, stoppage or defect, Landlord shall diligently attempt to cause service to be resumed promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, monitor require Tenant to pay, as Additional Rent, the usage cost, as determined by Landlord, of such utilities extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay all charges of the utility providing such service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the Premises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by Tenant such submeter(s), and charge Tenant with in either case, the cost of purchasing, installing electrical power delivered to rentable space in the Building and monitoring such metering equipment, which cost Project shall be paid by Tenant as Additional Rentexcluded from Operating Expenses. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts“

Utilities and Services. 16.1. 17.1 Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, Premises together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share a reasonable proportion (to be determined by Landlord) of all charges of such utility jointly metered with other premises as Additional Rent part of Tenant’s Pro Rata Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidents; accident, breakage; casualties , repair, Force Majeure or Tenant’s negligence or gross negligence. Tenant shall provide written notice to Landlord of any interruption of a utility or service, and Landlord shall use commercially reasonable efforts to correct any such interruption within five (5) business days after receipt of such notice. In the event that such failure continues for such five (5) business day period after Landlord’s receipt of such written notice from Tenant, Tenant shall be entitled to a full abatement of Rent during the period beginning at the end of such five (5) business day period for the duration of any such interruption to the extent that the same materially interferes with Tenant’s use of the Premises and to the extent that the same is due to Landlord’s gross negligence or intentional misconduct. 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 (which shall not caused be unreasonably withheld, conditioned or delayed), 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 2.9 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services, unless Tenant installs additional equipment or installations with respect to such device that prevent any adverse effect on the Building. 17.5 Tenant shall have the right to use the Building loading dock and freight elevator in common with other tenants in the Building in a manner and with frequency proportionate to Tenant’s Pro Rata Share. 17.6 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 reasonably 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. 17.7 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 if the same is practical; otherwise the same shall be paid to Landlord. 17.8 Landlord shall provide water in Common Areas for lavatory and water fountain purposes only. Tenant shall be entitled to use water in its Premises consistent with a laboratory user, and Landlord shall install a water meter to measure Tenant’s water consumption for such purposes. Throughout the duration of Tenant’s occupancy of the Premises, Tenant shall keep said meter and installation equipment in good working order and repair at Tenant’s sole cost and expense. If Tenant fails to so maintain such meter and equipment, Landlord may repair or replace the same and shall collect the costs therefor from Tenant. Tenant agrees to pay for water consumed, as shown on said meter, as and when bills are rendered. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, or payments made by Landlord for any of the reasons or purposes hereinabove stated, shall be deemed to be Additional Rent payment by Tenant and collectible by Landlord as such. 17.9 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 claiming to deliver gas, oil or another suitable fuel supply, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel; provided that Landlord shall use reasonable efforts to provide at least one (1) business day advance written notice to Tenant (except in the event of an emergency) of any stop in service, repair, alteration or improvement that Landlord in good faith anticipates will materially and adversely impact Tenant, and Landlord further agrees to use reasonable efforts to perform such work in a manner that keeps any disruption to Tenant to a reasonable level. 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); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts.

Utilities and Services. 16.1. Tenant shall pay be responsible, at its sole cost and expense, for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated charges for water), gas, electricity, sewer, heat, light, power, telephone, internet telecommunications service, cable televisionrefuse pickup, janitorial service, interior landscape maintenance and all other telecommunications utilities, materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If any such utility is utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within thirty (30) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s Adjusted Share of all charges proportionate share of such utility jointly metered with other premises as Additional Rent or, costs in the alternativemanner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, Landlord may, at its option, monitor the usage of and no such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost failure or interruption shall be paid by deemed an eviction or entitle Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇to terminate this Lease or withhold or ▇▇▇▇▇ promptly thereafter or any rent due hereunder. Notwithstanding the foregoing, if as part a result of the next direct actions of Landlord’s Statement , its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to reflect the actual cost Landlord there is no HVAC or electricity services to all or a portion of providing utilities to the Premises. To , or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy all of the Building or Project (as applicablePremises are affected) to equal Landlord’s reasonable estimate of what such utility usage would have been had shall thereafter be abated until the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearPremises are again usable by Tenant; provided, however, that if Landlord shall not recover more than one hundred percent (100%) of is diligently pursuing the cost repair of such utilities. Tenant utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be liable for an abatement of Basic Rent. Provided Landlord shall diligently pursue the cost repair of such utilities supplied to and services, the foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises attributable to (which shall be governed by the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession provisions of Article XI of the Premises prior to Lease). Any disputes concerning the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant foregoing provisions shall be responsible for submitted to and resolved by JAMS arbitration pursuant to Article III of the cost of utilities supplied Work Letter attached to the Premises from such earlier date of possession. 16.2this Lease. 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 accidents; breakage; casualties (at all reasonable times have free access to the extent not caused Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by the party claiming Force MajeureLandlord related to providing above-standard utilities to Tenant (which shall only be provided upon Tenant’s request); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsincluding, without limitation, telephone lines, shall be charged to Tenant.

Utilities and Services. 16.1. Commencing on the Term Commencement Date, Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement (or more frequently, as determined by Landlord) to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsacts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by any Lender whose consent is required under any applicable Loan Document; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence (provided that, this sentence shall not limit Tenant’s recourse and remedy expressly set forth in this Section below in connection with a Material Services Failure (as defined below)). In the event of such failure, 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. “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at the applicable time based on historic meteorological records. Notwithstanding anything to the contrary in this Lease, if, for more than ten (10) consecutive business days following written notice to Landlord and as a direct result of Landlord’s gross negligence or willful misconduct (and except to the extent that such failure arises from any other factor, including any action or inaction of a Tenant Party (as defined below)), the provision of HVAC or other utilities to all or a material portion of the Premises that Landlord must provide pursuant to this Lease is interrupted (a “Material Services Failure”), then Base Rent and Tenant’s Adjusted Share of Operating Expenses (or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Tenant’s Adjusted Share of Operating Expenses) shall thereafter be abated until the Premises are again usable by Tenant for the Permitted Use; provided, however, that, if Landlord is diligently pursuing the restoration of such HVAC and other utilities and Landlord provides substitute HVAC and other utilities reasonably suitable for Tenant’s continued use and occupancy of the Premises for the Permitted Use (e.g., supplying potable water or potable air conditioning equipment), then neither Base Rent nor Tenant’s Adjusted Share of Operating Expenses shall be abated. During any Material Services Failure, Tenant will cooperate with Landlord to arrange for the provision of any interrupted utility services on an interim basis via temporary measures until final corrective measures can be accomplished, and Tenant will permit Landlord the necessary access to the Premises to remedy such Material Service Failure. In the event of any interruption of HVAC or other utilities that Landlord must provide pursuant to this Lease, regardless of the cause, Landlord shall diligently pursue the restoration of such HVAC and other utilities. Notwithstanding anything in this Lease to the contrary, but subject to Article 24 (which shall govern in the event of a casualty), the provisions of this Section shall be Tenant’s sole recourse and remedy in the event of an interruption of HVAC or other utilities to the Premises, including related to Section 16.8.

Utilities and Services. 16.1. Tenant shall pay all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power---------------------- electricity, telephone, internet servicecentral station monitor, cable televisionrefuse pickup, other telecommunications janitorial services, and all other utilities and services supplied or furnished to the PremisesPremises during the term of this Lease, together with any fees, surcharges and taxes thereon. Said utilities may be supplied to Tenant in common with any other tenant(s) in the Building, or at Landlord's or Tenant's option, be separately metered at Tenant's expense. If any separately metered, or if the Premises consist of the entire building Tenant shall pay all such utility is charges directly to the charging authority when due. If not separately metered to Tenantmetered, Tenant shall pay Tenant’s Adjusted Share its allocable portion based upon the ratio between the Premises Gross Leasable Area and the total gross leasable square feet of all charges space served by the common utility. However, if Landlord determines that Tenant is using a disproportionate amount of such any utility jointly metered with other premises as Additional Rent orservice not separately metered, in then Landlord may either install a separate meter to measure the alternative, Landlord mayutility service, at its optionTenant's cost, monitor the usage of such utilities by Tenant and or charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next a sum equal to Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s 's reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of Tenant's excess use of such utilitiesutility service. Tenant shall not be liable reimburse Landlord on a monthly basis for the landlord's cost of in furnishing utilities supplied and services to the Premises attributable within ten (10) days after Tenant receives an invoice from Landlord and in no event shall Landlord be liable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose such failure or interruption unless caused by the misconduct of Landlord. No failure or interruption of any such utilities or services shall entitle Tenant to terminate this Lease or to withhold rent or other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2sums due hereunder and unless otherwise specifically provided herein. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts responsible for providing security guards or other labor disturbances security protection for all or labor disputes (other than labor disturbances any portion of the Premises or the Property, and labor disputes resulting solely from Tenant shall at its own expense provide or obtain such security services as Tenant shall desire to ensure the actssafety of the Premises and the Property.

Utilities and Services. 16.1. Tenant (a) Lessor shall contract for and pay for for, and Lessee shall reimburse Lessor therefor pursuant to Paragraph 5(e) as an Operating Expense, all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water)electricity, gas, heatwater, light, power, telephone, internet heat and air conditioning service, cable televisionjanitorial service except to the extent Lessee has separately contracted for such internal janitorial service, other telecommunications refuse pick-up except to the extent Lessee has separately contracted for such refuse pick-up, sewer charges, and all other utilities or services supplied to or consumed by Lessee, its agents, employees, contractors, and invitees on or about the Building #16 Premises and the Building #13 Premises, together with excluding telephone service to the buildings for which Lessee shall contract and pay directly. Furthermore, Lessee shall have the option to contract directly for janitorial services to the Building #16 Premises and the Building #13 Premises pursuant to Paragraph 15(b). (b) Lessor shall not be liable to Lessee for any fees, surcharges and taxes thereon. If interruption or failure of any such utility is not separately metered services to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter #▇▇, ▇▇▇▇▇▇▇▇ #▇▇, or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the PremisesBuilding #13 Premises which is not caused by the negligence or willful acts of Lessor, or Lessor’s employees, agents, or contractors. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant Lessee shall not be liable for relieved from the cost performance of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession any covenant or agreement in this Lease because of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2failure. 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 Unless such failure is caused by accidents; breakage; casualties the negligence or willful acts or omissions of Lessor or Lessor’s employees, agents, or contractors, or by Lessor’s breach in the performance of Lessor’s express obligations hereunder, Lessor shall make all repairs required to restore such services to ▇▇▇▇▇▇▇▇ #▇▇, ▇▇▇▇▇▇▇▇ #▇▇, or to the Building #13 Premises and the cost thereof shall be payable by Lessee pursuant to Paragraph 5(e) as a current Operating Expense, or as a capital improvement which is amortized over its useful life (together with interest thereon) as an Operating Expense in accordance with generally accepted accounting principles as described in Paragraph 5(b). If the Building #16 Premises or the Building #13 Premises should become not reasonably suitable for Lessee’s use as a consequence of cessation of utilities or other services, interference with access to the Building #16 Premises or the Building #13 Premises, legal restrictions or the presence of any Hazardous Material which does not result from Lessee’s release or emission of such Hazardous Material, and in any of the foregoing cases the interference with Lessee’s use of the Building #16 Premises or the Building #13 Premises persists for thirty (30) days, then Lessee shall be entitled to an equitable abatement of rent to the extent not of the interference with Lessee’s use of the Building #16 Premises or the Building #13 Premises, as the case may be, is caused by thereby. If the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that interference persists and the Building #16 Premises or the Building #13 Premises are not Severe Weather Conditions); strikesreasonably suitable for Lessee’s use for more than ninety (90) consecutive days, lockouts Lessee shall have the right to terminate this Lease with respect to the Building #16 Premises or other labor disturbances the Building #13 Premises, whichever or labor disputes (other than labor disturbances and labor disputes resulting solely from both is affected thereby, excluding damage or destruction of the actsbuildings or the Building #16 Premises or the Building #13 Premises which shall be governed by Paragraph 21.

Utilities and Services. 16.117.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any governmental or third party fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share a reasonable proportion (to be determined by Landlord) of all charges of such utility jointly metered with other premises as Additional Rent part of Tenant’s Op Ex Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.217.2. 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 accidentsForce Majeure. In the event of such failure, 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. If the Premises should become untenantable for the Permitted Use as a consequence of cessation of utilities for longer than seven (7) days due to Landlord’s gross negligence or willful misconduct, then Tenant shall be entitled to an equitable abatement of Base Rent and Operating Expenses in proportion that the untenantable portion of the Premises bears to the entire Premises. 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 2.8 or (b) exceed Tenant’s Pro Rata Share of the Building’s capacity to provide such utilities or services; breakage; casualties (provided, however, that Tenant shall be permitted with Landlord’s prior written consent to make any upgrades required to increase the capacity of any Building systems utilized solely by Tenant to the extent necessary to accommodate any such devices so long as Tenant otherwise complies with Applicable Laws the provisions of Article 18 below. 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. 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; provided, however, that if Landlord determines that Tenant requires, uses or consumes water for any purpose other than the Permitted Use or uses a materially disproportionate amount of water compared to other tenants in the Building, Landlord may install a water meter and thereby measure Tenant’s water consumption for all purposes. Tenant shall pay Landlord for the costs of such meter and the installation thereof and, throughout the duration of Tenant’s occupancy of the Premises, Tenant shall keep said meter and installation equipment in good working order and repair at Tenant’s sole cost and expense. If Tenant fails to so maintain such meter and equipment, Landlord may repair or replace the same and shall collect the costs therefor from Tenant. Tenant agrees to pay for water consumed, as shown on said meter, as and when bills are rendered. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, or payments made by Landlord for any of the reasons or purposes hereinabove stated, shall be deemed to be Additional Rent payment by Tenant and collectible by Landlord as such. If any other tenant in the Building uses a materially disproportionate amount of water compared to Tenant, then Tenant shall not caused be responsible for the cost of water used by such tenant that is materially disproportionate to Tenant’s use. Landlord shall also provide to the Premises (a) water for laboratory and kitchen purposes and deionized water, compressed air and a vacuum line through the existing systems, (b) gas, electricity, telephone, trash pickup and sewer service through the existing systems and (c) emergency back-up generator service at the level provided by the generator currently located at the Building. Notwithstanding anything in this Lease to the contrary, (x) Landlord shall install, at its sole cost and expense (and not as an Operating Expense), separate meters or other devices to separately measure electricity delivered to the Premises prior to other tenants occupying the Building, (y) Landlord shall not be required to upgrade any Building systems except as may be expressly stated in Exhibits G-1, G-2 or G-3 and (z) until another tenant occupies the building, Tenant shall pay one hundred percent (100%) of any increase in the monthly cost of utilities to the Project that exceed the cost of utilities for the thirty (30) days immediately prior to the Execution Date (the “Base Utility Cost”); provided, however, until such time as another tenant occupies the Building, the Base Utility Cost shall be equitably increased on each anniversary of the Term Commencement Date based on the increases during such year in the applicable utility rates. 17.8. 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 claiming to deliver gas, oil or another suitable fuel supply, 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); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts.

Utilities and Services. 16.1(a) Landlord shall furnish and distribute to the Premises air conditioning and heat with a system designed in accordance with Exhibit “G” hereto, as follows: Mondays through Fridays from 8:00 A.M. to 6:00 P.M. for the first (1st) floor portion of the Premises, Mondays through Fridays from 8:00 A.M. to 8:00 P.M. for the second (2nd) floor portion of the Premises, and Saturdays from 8:00 A.M. to 12:00 P.M. (except the days observed by the Federal or State governments as legal holidays). If Tenant shall require air conditioning or heat at any other time (“after-hours”), Landlord shall furnish after-hours air conditioning and heat upon twenty-four (24) hours advance notice from Tenant, and Tenant shall pay Landlord’s reasonable costs (direct and related) therefor on Landlord’s demand. The current charge for all after-hours heat is $70.00 per hour and for after-hours air conditioning is $100.00 per hour, which charges are subject to revision. (b) Landlord shall supply reasonably adequate quantities of water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the PremisesPremises for ordinary lavatory and drinking purposes. (c) Landlord shall cause the Premises to be cleaned in accordance with the cleaning specifications set forth on Exhibit “H” hereto; provided that to the extent any area is used for a computer room, together with any fees, surcharges data processing or similar equipment (other than normal office computers) and taxes thereon. If any such utility is not separately metered to Tenantrequires additional cleaning, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in to Landlord the alternative, Landlord may, at its option, monitor the usage of such utilities premium charged for same by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement cleaning contractor. (d) In no event shall Landlord be required to reflect the actual cost of providing utilities provide any security services to the Premises. To Tenant shall supply such security services to the Premises as Tenant requires and at Tenant’s sole cost and expense, subject to Landlord’s prior approval, of plans, which approval shall not be unreasonably withheld, conditioned or delayed, provided that Landlord’s consent shall not be required to the extent that the work is nonstructural, as defined in Article 9(b) hereof. As of the Commencement Date, Landlord shall provide card keys to Tenant uses more than Tenantfor its employees at Landlord’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excesssole cost and expense. In the event Tenant requires additional or replacement card keys during the Term, same shall be provided by Landlord to Tenant at Tenant’s expense. (e) Landlord does not warrant that any of the Building services referred to above, or Project is less than fully occupied during a calendar yearany other services which Landlord may supply, will be free from interruption, Tenant acknowledges acknowledging that Landlord any or more such services may extrapolate utility usage that varies depending on be suspended by reason of causes beyond the occupancy reasonable control of the Building Landlord, including accident or Project (as applicable) repairs, alterations or improvements necessary to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable made for the cost health and safety of utilities supplied to tenants, or by strikes or lockouts, or by operation of law. Any such interruption or discontinuance of service beyond the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession reasonable control of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be deemed an eviction or disturbance of Tenants use and possession of the Premises, or any part thereof, or render Landlord liable forto Tenant for damages by abatement of Rent or otherwise, nor shall any eviction or relieve Tenant from performance of Tenant result fromTenant’s obligations under this Lease; provided that such interruption or discontinuance does not arise out of or in connection with the negligence or willful misconduct of Landlord or its agents, the failure to furnish any utility contractors or service, whether or not such failure is caused by accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsemployees.

Utilities and Services. 16.115.1. Tenant shall, at its sole cost and expense, promptly and properly observe and comply with (including in the making by Tenant of any alterations to the Premises) all present and future orders, regulations, directions, rules, laws, ordinances, and requirements of all Governmental Authorities arising from the use or occupancy of, or applicable to, the Premises or any portion thereof. 15.2. Within sixty (60) days after the Term Commencement Date, and within sixty (60) days after the beginning of each calendar year during the Term, Landlord shall give Tenant a written estimate for such calendar year of insurance provided by Landlord (“Insurance Costs”). Tenant shall pay such estimated amount to Landlord in advance in equal monthly installments. Within ninety (90) days after the end of each calendar year, Landlord shall furnish to Tenant a statement showing in reasonable detail the costs incurred by Landlord for the operation and maintenance of the Premises during such year (the “Annual Statement”), and Tenant shall pay to Landlord the costs incurred in excess of the payments previously made by Tenant within ten (10) days of receipt of the Annual Statement. In the event that the payments previously made by Tenant for the operation and maintenance of the Premises exceed Tenant’s obligation, such excess amount shall be credited by Landlord to the Rent or other charges next due and owing, provided that, if the Term has expired, Landlord shall remit such excess amount to Tenant. 15.3. Tenant shall make all arrangements for and pay for all water (including the cost to servicewater, repair and replace reverse osmosis, de-ionized and other treated water)sewer, gas, heat, light, power, telephone, internet service, cable television, telephone service and any other telecommunications and other utilities supplied to service or utility Tenant required at the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidentsaccident; breakage; casualties (to the extent not caused by the party claiming Force Majeure)repair; Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikesstrike, lockouts lockout or other labor disturbances disturbance or labor disputes dispute of any character; governmental regulation, moratorium or other governmental action (other than labor disturbances and labor disputes resulting solely collectively, “Force Majeure”). In the event of such failure, Tenant shall not be entitled to termination of this Lease, any abatement or reduction of Rent, or relief from the actsoperation of any covenant or agreement of this Lease. 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.

Utilities and Services. 16.1. (a) Tenant shall contract for and pay for all water (including directly the cost to serviceof all water, repair sewer use, sewer discharge fees and replace reverse osmosis, de-ionized and other treated water)sewer connection fees, gas, heat, lightelectricity, powerrefuse pickup, telephone, internet janitorial service, cable television, other telecommunications telephone and other utilities supplied billed or metered separately to the Premises, together with any fees, surcharges and taxes thereon. If Premises and/or for any such utility is fees or use charges that are not billed or metered separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises reimburse Landlord therefor pursuant to Paragraph 5 as Additional Rent oran Operating Expense. ▇▇▇▇▇▇ further agrees to timely and faithfully pay, in prior to delinquency, any amount, tax, charge, surcharge, assessment or imposition levied, assessed or imposed upon the alternativePremises, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such or ▇▇▇▇▇▇▇▇ promptly thereafter ’s use and occupancy thereof. (b) Landlord shall not be liable to Tenant for any interruption or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share failure of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities utility services to reflect such excess. In the event that the Building or Project the Premises which is less than fully occupied during not caused by the active negligence or willful acts of Landlord. Tenant shall not be relieved from the performance of any covenant or agreement in this Lease because of any such failure. Landlord shall make all repairs to the Premises required to restore such services to the Premises and the cost thereof shall be payable by Tenant pursuant to Paragraph 5 as a calendar yearcurrent Operating Expense, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project as a capital expense which is amortized over its useful life (together with interest thereon) as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearan Operating Expense in accordance with terms and conditions set forth in Paragraph 5(b); provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidents; breakage; casualties the active negligence or willful acts of Landlord, then Landlord shall bear such costs. (c) In the event that Tenant is permitted and elects to contract directly for the provision of electricity, gas and/or water services to the extent not caused by Premises with the third-party claiming Force Majeureprovider thereof (all in Landlord’s reasonable discretion); Severe Weather Conditions , Tenant shall within ten (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes10) business days following its receipt of written request from Landlord, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely provide Landlord with a copy of each requested invoice from the actsapplicable utility provider. Tenant acknowledges that pursuant to California Public Resources Code Section 25402.10 and the regulations adopted pursuant thereto (collectively, the “Energy Disclosure Requirements”), Landlord may be required to disclose information concerning Tenant’s energy usage at the Building to certain third parties, including without limitation, prospective purchasers, lenders and Tenants of the Building (the “Tenant Energy Use Disclosure”). Tenant hereby (A) consents to all such Tenant Energy Use Disclosures, and (B) acknowledges that Landlord shall not be required to notify Tenant of any Tenant Energy Use Disclosure. Further, Tenant hereby releases Landlord from any and all losses, costs, damages, expenses and liabilities relating to, arising out of and/or resulting from any Tenant Energy Use Disclosure. The terms of this Paragraph shall survive the expiration or earlier termination of this Lease.

Utilities and Services. 16.1. 16.1 From and after the date upon which Landlord delivers possession of the Premises to Tenant for the purpose of commencing the Tenant Improvements, Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement (or more frequently, as determined by Landlord) to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if date upon which Landlord shall permit Tenant delivers possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost purpose of utilities supplied to commencing the Premises from such earlier date of possessionTenant Improvements. 16.2. 16.2 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsacts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by any Lender whose consent is required under any applicable Loan Document; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence. In the event of such failure, 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. “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at the applicable time based on historic meteorological records.

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. Utilities for the HVAC system that supports the Lab Zone shall be billed to Tenant on a proportionate basis. If any such utility is not separately metered or submetered to Tenant, Tenant shall pay Tenant’s Adjusted Share of Operating Expenses or Laboratory Support Expenses, as the case may be, of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the PremisesPremises no less than quarterly. To the extent that Tenant uses more than Tenant’s Pro Rata Share of Laboratory Building of any utilitiesutilities attributable to the Base Building Laboratory Support Systems or more than Tenant’s Pro Rata Share of Building of any utilities attributable to the Building other than the Base Building Laboratory Support Systems, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. In the event that the Laboratory Building is less than fully occupied during any portion of the Term, Tenant acknowledges that during such time, Landlord shall charge Tenant for the Laboratory Support Expenses (other than those utilities that are metered and submetered) based on Tenant’s pro rata share of the occupied Laboratory Building (“Occupied Lab Share”), rather than Tenant’s Pro Rata Share of Laboratory Building, as determined by Landlord based on the ratio of the Rentable Area of the Premises to the total Rentable Area of the Laboratory Building for which there are leases (including this Lease) with terms that have commenced, expressed as a percentage of the Laboratory Support Expenses. Landlord shall have the right to recalculate the Occupied Lab Share from time to time as occupancy of the Laboratory Building changes. Except as expressly provided herein or approved by Landlord, Tenant shall only be entitled to use Tenant’s Pro Rata Share of Laboratory Building of Base Building Laboratory Support Systems, regardless of whether Tenant is paying its Occupied Lab Share or Pro Rata Share of Laboratory Building of the costs thereof. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Rent Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of to commence and Tenant does so commence business operations in the Premises prior to the Term Rent Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3Date, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessiondate. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); , physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsacts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has

Utilities and Services. 16.1. Commencing on the Term Commencement Date, Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated waterwater if provided in the Building), 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. If any such utility is not separately metered to Tenant or obtained directly by Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent part of Tenant’s Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇Electrical service at an average of 8 ▇▇▇▇▇ promptly thereafter or per the Rentable Area of the Premises shall be provided to the Premises (including electricity used for the air handling units exclusively servicing the Premises and for any rooftop equipment installed by Tenant with Landlord’s express written consent), and shall be submetered to the Premises (which submetering shall be installed by Tenant as part of the next Tenant Improvements) and paid by Tenant at Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excessthereof. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) fully occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsacts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); regulations, moratoria or other actions, inactions or delays; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence. In the event of such failure, Tenant shall not be entitled to termination of this Lease or any abatement or reduction

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building Building, North Campus or Project Project, as applicable, is less than fully occupied during a calendar yearoccupied, Tenant acknowledges that Landlord may extrapolate utility usage that varies vary depending on the occupancy of the Building Building, North Campus or Project, as applicable, by dividing (a) the total cost of utility usage by (b) the Rentable Area of the Building, the North Campus or Project (as applicable) to equal Landlord’s reasonable estimate that is occupied, then multiplying (y) the resulting quotient by (z) one hundred percent (100%) of what such utility usage would have been had the Building total Rentable Area of the Building, North Campus, or Project, Project (as applicable). Tenant shall pay Tenant’s Share of the product of (y) and (z), been ninety-five percent (95%) occupied during such calendar yearsubject to adjustment based on actual usage as reasonably determined by Landlord; provided, however, that that, Landlord shall not recover more than one hundred percent (100%) of the cost of such utilitiesutility costs. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any the purpose other than as expressly permitted in Section 4.3of conducting business therein, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidentsaccident; breakage; casualties repair; strike, lockout or other labor disturbance or labor dispute of any character; act of terrorism; shortage of materials, which shortage is not unique to Landlord or Tenant, as the case may be; governmental regulation, moratorium or other governmental action, inaction or delay; or other causes beyond Landlord’s control (collectively, “Force Majeure”) or, to the extent permitted by Applicable Laws, Landlord’s negligence. In the event of such failure, Tenant shall not caused 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. 16.3. 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, beyond those utilities provided by Landlord, including telephone, internet service, cable television and other telecommunications, together with any fees, surcharges and taxes thereon. Upon Landlord’s demand, utilities and services provided to the party claiming Force Majeure); Severe Weather Conditions Premises that are separately metered shall be paid by Tenant directly to the supplier of such utilities or services. 16.4. Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water required or consumed in the Premises based upon Tenant’s Pro Rata Share of the Building or Project (as defined below)applicable) beyond the existing capacity of the Building or the Project 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 or Project’s (as applicable) capacity to provide such utilities or services. 16.5. If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building or the Project 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. 16.6. Landlord shall provide water in Common Areas for lavatory and landscaping purposes only, which water shall be from the local municipal or similar source; physical natural disasters (but excluding weather conditions provided, however, that are not Severe Weather Conditions); strikesif Landlord determines that Tenant requires, lockouts uses or other labor disturbances or labor disputes (consumes water provided to the Common Areas for any purpose other than labor disturbances ordinary lavatory purposes, Landlord may install a water meter (“Tenant Water Meter”) and labor disputes resulting solely thereby measure Tenant’s water consumption for all purposes. Tenant shall pay Landlord for the costs of any Tenant Water Meter and the installation and maintenance thereof during the Term. If Landlord installs a Tenant Water Meter, Tenant shall pay for water consumed, as shown on such meter, as and when bills are rendered. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred or payments made by Landlord for any of the actsreasons or purposes stated in this Section shall be deemed to be Additional Rent payable by Tenant and collectible by Landlord as such. 16.7. Provided that Landlord shall give reasonable prior notice (of not less than twenty-four (24) hours on a business day), except in case of an emergency (in which case no prior notice shall be required), Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and utility 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 utility service when prevented from doing so by Force Majeure or, to the extent permitted by Applicable Laws, Landlord’s negligence; a failure by a third party to deliver gas, oil or another suitable fuel supply; 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 or, to the extent permitted by Applicable Laws, Landlord’s negligence. 16.8. [Intentionally omitted]

Utilities and Services. 16.1. Tenant shall obtain in its own name and pay for all water (including directly to the appropriate supplier the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility utilities and services serving the Leased Premises. However, if any services or utilities are jointly metered with other premises as Additional Rent or, in the alternativeproperty, Landlord may, at its option, monitor the usage shall make a reasonable determination of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) proportionate share of the cost of such utilities. utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers to Tenant) and Tenant shall not be liable for the cost pay such share to Landlord within fifteen (15) days after receipt of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2Landlord’s written statement. Landlord shall not be liable for, nor shall in damages or otherwise for any eviction failure or interruption of Tenant result from, the failure to furnish any utility or other building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. In the event of utility “deregulation”, Landlord may choose the service provider. Notwithstanding anything in this Lease to the contrary, Landlord shall use commercially reasonable efforts to promptly restore utility service, whether or not provided that such failure restoration is caused within Landlord’s control. In the event restoration of service is within Landlord’s control and Landlord fails to restore such service within a reasonable time, thereby causing the Leased Premises to be rendered untenantable by accidents; breakage; casualties Tenant (meaning that Tenant is unable to use such space in the extent not caused by normal course of its business) for more than ten (10) consecutive days after receipt of notice from Tenant that such service has been interrupted and a reasonable opportunity for Landlord to restore such service, Minimum Annual Rent shall ▇▇▇▇▇ on a per diem basis for each day after such ten (10) day period during which the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsLeased Premises remain untenantable.

Utilities and Services. 16.1. Commencing on the Term Commencement Date, Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇b▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement (or more frequently, as determined by Landlord) to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsacts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by any Lender whose consent is required under any applicable Loan Document; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence (provided that, this sentence shall not limit Tenant’s recourse and remedy expressly set forth in this Section below in connection with a Material Services Failure (as defined below)). In the event of such failure, 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. “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at the applicable time based on historic meteorological records. Notwithstanding anything to the contrary in this Lease, if, for more than ten (10) consecutive business days following written notice to Landlord and as a direct result of Landlord’s gross negligence or willful misconduct (and except to the extent that such failure arises from any other factor, including any action or inaction of a Tenant Party (as defined below)), the provision of HVAC or other utilities to all or a material portion of the Premises that Landlord must provide pursuant to this Lease is interrupted (a “Material Services Failure”), then Base Rent and Tenant’s Adjusted Share of Operating Expenses (or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Tenant’s Adjusted Share of Operating Expenses) shall thereafter be abated until the Premises are again usable by Tenant for the Permitted Use; provided, however, that, if Landlord is diligently pursuing the restoration of such HVAC and other utilities and Landlord provides substitute HVAC and other utilities reasonably suitable for Tenant’s continued use and occupancy of the Premises for the Permitted Use (e.g., supplying potable water or potable air conditioning equipment), then neither Base Rent nor Tenant’s Adjusted Share of Operating Expenses shall be abated. During any Material Services Failure, Tenant will cooperate with Landlord to arrange for the provision of any interrupted utility services on an interim basis via temporary measures until final corrective measures can be accomplished, and Tenant will permit Landlord the necessary access to the Premises to remedy such Material Service Failure. In the event of any interruption of HVAC or other utilities that Landlord must provide pursuant to this Lease, regardless of the cause, Landlord shall diligently pursue the restoration of such HVAC and other utilities. Notwithstanding anything in this Lease to the contrary, but subject to Article 24 (which shall govern in the event of a casualty), the provisions of this Section shall be Tenant’s sole recourse and remedy in the event of an interruption of HVAC or other utilities to the Premises, including related to Section 16.8.

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than placement of personal property as expressly permitted set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidentsaccident; breakage; casualties (to the extent not caused by the party claiming Force Majeure)repair; Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikesstrike, lockouts lockout or other labor disturbances disturbance or labor disputes dispute of any character; act of terrorism; shortage of materials, which shortage is not unique to Landlord or Tenant, as the case may be; governmental regulation, moratorium or other governmental action, inaction or delay; or other causes beyond Landlord’s control (collectively, “Force Majeure”) or Landlord’s negligence. In the event of such failure, 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. 16.3. 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, including telephone, internet service, cable television and other telecommunications, together with any fees, surcharges and taxes thereon. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred or payments made by Landlord for any of the reasons or purposes stated in this Section shall be deemed to be Additional Rent payable by Tenant and collectible by Landlord as such. 16.4. Tenant shall not, without Landlord’s prior written consent (which consent will not be unreasonably withheld, conditioned or delayed), use any device in the Premises (including data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water required or consumed in the Premises based upon Tenant’s Pro Rata Share of the Project beyond the existing capacity of the Building or the Project usually furnished or supplied for the use set forth in Section 2.7 or (b) exceed Tenant’s Pro Rata Share of the Project’s capacity to provide such utilities or services. 16.5. If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building or the Project 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. 16.6. Landlord shall provide water in Common Areas for landscaping purposes only, which water shall be from the local municipal or similar source. 16.7. Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and utility 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 utility service when prevented from doing so by Force Majeure or Landlord’s negligence; a failure by a third party to deliver gas, oil or another suitable fuel supply; 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 or Landlord’s negligence. 16.8. For any utilities serving the Premises for which Tenant is billed directly by such utility provider, Tenant agrees to furnish to Landlord (a) any invoices or statements for such utilities within thirty (30) days after Tenant’s receipt thereof, (b) within thirty (30) days after Landlord’s request, any other utility usage information reasonably requested by Landlord, and (c) within thirty (30) days after each calendar year during the Term, an ENERGY STAR® Statement of Performance (or similar comprehensive utility usage report (e.g., related to Labs 21), if requested by Landlord) and any other information reasonably requested by Landlord for the immediately preceding year. Tenant shall retain records of utility usage at the Premises, including invoices and statements from the utility provider, for at least sixty (60) months, or such other period of time as may be requested by Landlord. Tenant acknowledges that any utility information for the Premises, the Building and the Project may be shared with third parties, including Landlord’s consultants and Governmental Authorities. In the event that Tenant fails to comply with this Section, Tenant hereby authorizes Landlord to collect utility usage information directly from the applicable utility providers, and Tenant shall pay Landlord a fee of Five Hundred Dollars ($500) per month to collect such utility usage information. 16.9. In no event shall Landlord be liable to Tenant for any failure or defect in the supply or character of electric energy furnished to the Premises by reason of any requirement, act or omission of the public utility serving the Project with electric energy, or for any other reason not attributable to Landlord’s gross negligence or willful misconduct. 16.10. Tenant’s use of electric energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises. In order to ensure that such capacity is not exceeded, and to avert a possible adverse effect upon the Project’s distribution of electricity via the Project’s electric system, Tenant shall not, without Landlord’s prior written consent in each instance (which consent Landlord may condition upon the availability of electric energy in the Project as allocated by Landlord to various areas of the Project) connect any fixtures, appliances or equipment (other than labor disturbances normal business machines) to the Building’s or Project’s electric system or make any alterations or additions to the electric system of the Premises existing on the date hereof. Should Landlord grant such consent, all additional risers, distribution cables or other equipment required therefor shall be provided by Landlord and labor disputes resulting solely from the actscost thereof shall be paid by Tenant to Landlord on demand (or, at Tenant’s option, shall be provided by Tenant pursuant to plans and contractors approved by Landlord, and otherwise in accordance with the provisions of this Lease). Landlord shall have the right to require Tenant to pay sums on account of such cost prior to the installation of any such risers or equipment.

Utilities and Services. 16.1. Tenant shall timely pay when due directly to the applicable electric utility company and service provider all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, powerelectricity, telephone, internet service, cable television, other telecommunications and other utilities supplied communication services and shall have such services in its name; provided, however, to the extent that electricity is submetered or check metered to the Premises, together with Tenant shall pay the costs of electricity directly to Landlord thirty (30) days after billing without Landlord ▇▇▇▇-up. Landlord shall have no obligation to provide utilities other than the utilities within the Premises as of the Term Commencement Date and which are listed on Exhibit D attached hereto (the “Term Commencement Date Utilities”). In the event Tenant requires additional utilities in addition to the Term Commencement Date Utilities, the installation and maintenance thereof shall be Tenant’s sole cost and obligation, provided that such installation shall be subject to the written consent of Landlord which shall not be unreasonably withheld, delayed or conditioned. Tenant shall have the right to install supplemental air conditioning units in the Premises and, in such case, Tenant agrees to install a separate electric meter for the operation of such supplemental air conditioning units and pay for such services directly to the utility provider. Landlord represents that Tenant shall not be paying utilities on those portions of the Premises that it has not yet taken possession of pursuant to the terms hereof (and Landlord agrees (i) to maintain such portions of the Premises in a manner which does not adversely impact Tenant’s use or enjoyment of its Premises then being occupied, and (ii) not to use such space prior to Tenant taking possession thereof for any feespurpose without the prior written consent of Tenant excluding the existing or contemplated tenant for approximately 10,000 square feet on the first floor). Tenant’s normal business hours are 6:00 a.m. to 7:00 p.m., surcharges Monday through Friday and taxes thereon9:00 a.m. through 1:00 p.m. on Saturdays (referred to herein as “Normal Business Hours”). If any In the event Tenant shall require Building services other than during such utility is not separately metered Normal Business Hours which results in additional cost and expense to TenantLandlord, Tenant shall pay Tenant’s Adjusted Share of all charges of be responsible to reimburse Landlord for such utility jointly metered with other premises as Additional Rent or, in the alternative, additional cost and expense reasonably incurred without Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇-up. Tenant agrees that in no event shall Landlord be liable for any interruption or delay in relation to utilities serving the Premises caused by unavoidable accident, making of repairs, alterations or improvements in the Building, labor difficulties, trouble in obtaining fuel, electricity or services or supplies, governmental restraints or the actions or inactions of Tenant or those acting by, through or under Tenant, or other causes beyond Landlord’s reasonable control (but in respect of those matters for which Landlord is expressly responsible under this Lease, Landlord will use reasonable efforts under the circumstances to restore such services or make such repairs) and, in respect of those matters for which the Landlord is responsible, Base Rent shall ▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent for each day that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession use of the Premises prior is materially curtailed thereby. See Section 23 below for provisions relating to the Term Commencement Date defaults by Landlord and Tenant uses the Premises Section 42 below for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied provisions relating to the Premises from such earlier date of possessionTenant’s self help rights. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts

Utilities and Services. 16.1. Tenant During the Term, Tenants shall pay for all water telephone and electric bills (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, gas bills at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter Townhomes), for service provided to the Apartment at the time such bills become due and payable whether or as part not the utility bill is in the name of the next Landlord’s Statement to reflect Tenant or another occupant of the actual cost of providing utilities Apartment. Landlord shall furnish, water, trash, basic cable or satellite TV service and wireless internet to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilitiesApartment at its expense, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost utilities in the common areas of utilities supplied the Building. Landlord shall furnish heat to the Premises Apartment at the Dinnaken, Argyle and Tairrie House properties. Any utilities paid by Landlord on Tenants behalf shall be charged back to Tenants as Rent under the Lease. Landlord shall have no obligation to pay Tenants utilities if not paid by Tenants. Provision of wireless internet is available as an amenity to the Tenants. Tenants are solely responsible for the security of their own accounts, system and equipment, including but not limited to defects such as viruses caused by acts of Tenant or others. Tenants are responsible for all communications and internet traffic originating from such earlier date within the Apartment. Tenant or Tenants shall notify Landlord immediately in the event Tenant or Tenants know or believe that the security of possession. 16.2the internet system has been compromised. Tenants are responsible for providing and configuring any hardware necessary to connect to the internet service. Landlord is not responsible for diagnosing connection problems beyond verification that the internet service is functioning. Tenants shall use the internet services in compliance with all federal, state, and local laws and regulations including those statutes, rules, and regulations governing the content of information received or sent over the internet. Tenants shall not engage in any activity that that might be harmful to the Landlord or other tenant’s equipment or data systems, including virus propagation, interception of data, compromising network security, providing internet service in the Apartment to unauthorized users. Landlord reserves the right to immediately terminate Tenant or Tenants internet service upon notification of any violation of federal, state or local statute, rule or regulation or for any improper use of the internet service. Landlord makes no warranties as to the merchantability or fitness of the internet service for a particular purpose. If Tenant or Tenants require internet access that is not susceptible to interruptions resulting from the shared nature of this service, they should seek alternative dedicated service at their sole expense. Landlord shall not be liable forto Tenant or Tenants for any incidental, nor shall indirect, special or consequential damages of any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by accidents; breakage; casualties (kind related to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsprovision of internet service,

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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, but without duplication of the amounts paid by Tenant as Tenant’s Pro Rata Share of Operating Expenses. If any All such utility is not utilities shall be separately sub-metered to Tenant, from meters that supply other suites in the Building as of the Term Commencement Date. The cost of Common Area utilities shall be included in Operating Expenses and Tenant shall pay Tenant’s Adjusted Pro Rata Share of all charges of such Common Area utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premisescharges. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilitiesitem of Operating Expenses or Common Area utilities as reasonably demonstrated and consistently applied by Landlord, then Tenant shall pay Landlord for such excess in addition to Tenant’s Adjusted obligation to pay Tenant’s Pro Rata Share of such utilities to reflect such excessOperating Expenses. In the event that the Building or Project is less than fully occupied during a calendar yearoccupied, Tenant acknowledges that, except regarding those utilities that are separately metered and those services paid directly by Tenant, Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project, as applicable, by dividing (a) the total cost of utility usage by (b) the Rentable Area of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had that is occupied, then multiplying (y) the Building or Project, as applicable, been resulting quotient by (z) ninety-five percent (95%) occupied during such calendar yearof the total Rentable Area of the Building or Project (as applicable). Tenant shall pay Tenant’s Share of the product of (y) and (z), subject to adjustment based on actual usage as reasonably determined by Landlord; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionutility costs. 16.2. 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 accidentsaccident; breakage; casualties repair; strike, lockout or other labor disturbance or labor dispute of any character; act of terrorism; shortage of materials, which shortage is not unique to Landlord or Tenant, as the case may be; governmental regulation, moratorium or other governmental action, inaction or delay; or other causes beyond Landlord’s control (collectively, “Force Majeure”) or Landlord’s negligence. In the event of such failure, 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. Notwithstanding the foregoing, or anything to the contrary in this Lease, if as a result of matters that are solely within Landlord’s control, for more than five (5) consecutive business days following written notice to Landlord: (a) HVAC or electricity services to all or a material portion of the Premises is interrupted or is unable to support Tenant’s normal occupancy requirements for the Permitted Use, (b) an interruption of water prevents the use or occupancy of all or a material portion of the Premises for the Permitted Use, or (c) access to the Premises (or a substantial portion thereof) is not reasonably available, then Tenant’s Base Rent and Operating Expenses (or an equitable portion of such Base Rent and Additional Rent based on the impact of such interruption on Tenant’s business operations, to the extent that less than all of the Premises are affected) shall thereafter be abated until such services are restored and the Premises are again accessible by Tenant for the Permitted Use; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s continued use and occupancy of the Premises for Permitted Use purposes, as for example, bringing in portable air-conditioning equipment or potable water supplies, and Tenant has reasonable access to the Premises, then there shall not caused be an abatement of Base Rent. In any such event, regardless of cause, Landlord shall diligently pursue the repair of such utilities and services. The foregoing provisions shall be Tenant’s sole recourse and remedy in the event of an interruption of services to the Premises due to matters solely within Landlord’s control. The foregoing provisions shall not apply in the case of damage to, or destruction of, the Premises (which shall be governed by the party claiming Force Majeureprovisions of Article 24 of the Lease). In addition to Tenant’s abatement rights set forth above, in the event that any of the foregoing shall occur, regardless of cause, regardless of force majeure, and regardless of whether same is within Landlord’s control, and such failure or circumstance continues for more than fifteen (15) business days then Tenant’s Base Rent and Operating Expenses (or an equitable portion of such Base Rent and Additional Rent based on the impact of such interruption on Tenant’s business operations, to the extent that less than all of the Premises are affected) shall thereafter be abated until such services and access are restored for the Permitted Use; Severe Weather Conditions provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s continued use and occupancy of the Premises for Permitted Use purposes, as for example, bringing in portable air-conditioning equipment or potable water supplies, and Tenant has reasonable access to the Premises, then there shall not be an abatement of Base Rent. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article 24 of the Lease). As part of the Tenant Improvements, with Landlord’s approval, Tenant may locate an emergency generator at the Project or on the roof of the Building in a location to be agreed upon by Landlord and Tenant during the design of the Tenant Improvements (the “Generator”). The cost of maintaining, repairing and replacing the Generator shall be Tenant’s sole responsibility. 16.3. Tenant shall, without duplication, 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, beyond those utilities provided by Landlord, including telephone, internet service, cable television and other telecommunications, together with any fees, surcharges and taxes thereon. Upon Landlord’s demand, utilities and services provided to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utilities or services. 16.4. Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water required or consumed in the Premises based upon Tenant’s Pro Rata Share of the Building or Project (as defined belowapplicable) beyond the existing capacity of the Building or the Project 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 or Project’s (as applicable) capacity to provide such utilities or services. Landlord represents that the Building has the capacity to provide at least five (5) ▇▇▇▇▇ of electricity per rentable square foot, independent of lighting and air conditioning. 16.5. If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building or the Project by reason of Tenant’s equipment or extended hours of business operations (it being acknowledged by the parties that subject to Articles 13, 14, 16, 18, 21, 24 and 25 of this Lease, Tenant has access to the Building 24 hours per day, seven days per week); physical natural disasters (but excluding weather conditions , 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. 16.6. Upon Landlord’s demand, utilities and services provided to the Premises that are not Severe Weather Conditions)separately metered shall be paid by Tenant directly to the supplier of such utility or service. 16.7. Landlord shall provide hot and cold water in Common Areas for lavatory purposes only, which water shall be from the local municipal or similar source; strikesprovided, lockouts however, that if Landlord determines that Tenant requires, uses or consumes water for any purpose other than ordinary lavatory purposes, Landlord may install a water meter and thereby measure Tenant’s water consumption in the Common Areas for all purposes. If a separate water meter is installed to monitor Common Area water usage, Tenant shall pay Landlord for the costs of such meter and the installation thereof and, throughout the duration of Tenant’s occupancy of the Premises, Tenant shall keep said meter and installation equipment in good working order and repair at Tenant’s sole cost and expense. If Tenant fails to so maintain such meter and equipment, Landlord may repair or replace the same and shall collect the costs therefor from Tenant. Tenant agrees to pay for water consumed, as shown on said meter, as and when bills are rendered. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, or payments made by Landlord for any of the reasons or purposes hereinabove stated, shall be deemed to be Additional Rent payment by Tenant and collectible by Landlord as such. 16.8. At any and all times and upon twenty-four (24) hours’ prior notice (provided that no time or other labor disturbances restrictions shall apply or labor disputes advance notice be required in cases of emergency), Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems and to access the electrical room that serves other 4th floor suites but that is located within the Premises and depicted on Exhibit J attached hereto (other than labor disturbances the “4th Floor Common Electrical Room”), 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 labor disputes resulting solely Landlord, except as set forth in Section 16.2 above, 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 Landlord’s negligence; a failure by a third party to deliver gas, oil or another suitable fuel supply; or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the actsforegoing, it is expressly understood and agreed that, subject to the provisions of Section 16.2, 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 or Landlord’s negligence. During the performance of any repairs, alterations or improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s ongoing business operations.

Utilities and Services. 16.1. Tenant (a) Lessee shall contract for and pay for directly all telephone, telecommunications and janitorial service and shall pay for all water (including Lessor Lessor’s reasonable estimate of the cost to service, repair and replace reverse osmosis, de-ionized and other treated water)of all electricity, gas, heatwater, light, power, telephone, internet heat and air conditioning service, cable televisionsewer charges, other telecommunications and all other utilities or services supplied to or consumed by Lessee, its agents, employees, contractors, and invitees on or about the Premises. Lessee acknowledges that (i) the Premises are not currently separately metered, together with any feesand Lessor shall reasonably and equitably estimate the cost of the utilities provided to the Premises (provided, surcharges and taxes thereon. If any such utility is not separately metered however, Lessor anticipates providing a disproportionate (based on square footage) amount of the utilities to TenantLessee, Tenant agreed at 38.5%, based on Lessee’s anticipated use of the Premises), which shall pay Tenantbe fixed throughout the Term based on Lessee’s Adjusted Share use of all charges of such utility jointly metered with other premises common utilities as Additional Rent or, in compared to the alternative, Landlord may, at its option, monitor the usage use of such utilities by Tenant other tenants of the Building, (ii) Lessor shall have the right, at its sole cost (unless Lessor reasonably determines that Lessee has been using more than 38.5% of utilities, in which case such metering shall be at Lessee’s cost) to separately meter the Premises and charge Tenant with (iii) Lessor may include the cost of purchasingsuch utilities in Operating Expenses or may separately invoice the cost of such utilities to Lessee, installing and monitoring in which case Lessee shall pay such metering equipment, which cost amounts within thirty (30) days of Lessor’s delivery of an invoice. Such payments shall be paid by Tenant as constitute Additional Rent, and Lessee’s failure to make such payments on a timely basis will result in a late charge as provided in Paragraph 6(b) and constitute a default as described in Paragraph 22. Landlord may base its bills for Lessor shall reasonably determine Lessee’s actual usage of common utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part 38.5% of the next Landlord’s Statement to reflect the actual cost of providing utilities utilities, not less frequently than annually and shall deliver prompt written notice to Lessee of such determination, the amount of any underpayment or overpayment made by Lessee as to such utility usage and any adjustment to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share amount of such utilities to be paid by Lessee thereafter to more accurately reflect Lessee’s usage thereof. Lessor shall credit any overpayment to the amount of Monthly Base Rent next coming due (or, if this Lease has expired, refund such excessamount to Lessee within thirty (30) days thereafter (after first deducting any amounts owing by Lessee under this Lease)) or Lessee shall, within thirty (30) days of Lessor’s delivery of such determination, pay the amount of such underpayment to Lessor. (b) Lessor will use reasonable efforts to cause the main HVAC system serving the Premises to provide the airflow/pressurization and temperature regulations described in Exhibit “F”. In the event that Lessor hall not be liable to Lessee for any interruption or failure of any utility services to the Building or Project the Premises which is less than fully occupied during not caused by the negligence or willful misconduct of Lessor, or Lessor’s employees, agents, or contractors. Lessee shall not be relieved from the performance of any covenant or agreement in this Lease because of any such failure. Lessor shall make all repairs to the Premises required to restore such services to the Premises and the cost thereof shall be payable by Lessee pursuant to Paragraph 5 as a calendar yearcurrent Operating Expense, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project as a capital improvement which is amortized over its useful life (together with interest thereon) as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, an Operating Expense in accordance with generally accepted accounting principles as applicable, been ninety-five percent (95%) occupied during such calendar yeardescribed in Paragraph 5(b); provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidents; breakage; casualties (to the extent not caused gross negligence or willful misconduct of Lessor or Lessor’s employees, agents, or contractors, or by Lessor’s breach in the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikesperformance of Lessor’s express obligations hereunder, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsthen Lessor shall bear such costs.

Utilities and Services. 16.1. Tenant shall obtain in its own name and pay for all water (including directly to the appropriate supplier the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility utilities and services serving the Leased Premises. However, if any services or utilities are jointly metered with other premises as Additional Rent or, in the alternativeproperty, Landlord may, at its option, monitor the usage shall make a reasonable determination of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) proportionate share of the cost of such utilities. utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall not be liable for the cost pay such share to Landlord within thirty (30) days after receipt of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2Landlord’s written statement. Landlord shall not be liable for, nor shall in damages or otherwise for any eviction failure or interruption of Tenant result from, the failure to furnish any utility or service, whether or not other Building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. In the event of utility “deregulation”, Landlord shall choose the service provider. Tenant shall have the exclusive control over the heating, ventilating and air-conditioning (“HVAC”) system serving the Leased Premises on a 24 hour a day/7 day a week basis. Notwithstanding the foregoing, if (a) such interruption of service is caused by accidents; breakage; casualties the negligence or willful misconduct of Landlord or its employees and (b) such interruption of service renders the Leased Premises or any portion of the Leased Premises untenantable for a period of five (5) consecutive business days after Landlord receives written notice from Tenant of such interruption of service, rent shall ▇▇▇▇▇ with respect to the extent area which is affected for each such consecutive day after said five (5) business day period that such area of the Leased Premises is so rendered until such service is restored. The rent abatement shall equal the Monthly Rental Installment due for the period of the interruption with respect to the square footage affected. The Leased Premises shall be considered untenantable if Tenant does not caused by use the party claiming Force Majeure); Severe Weather Conditions (Leased Premises or portion thereof affected in the conduct of its normal business operations as defined below); physical natural disasters (but excluding weather conditions a result of said interruption of service to the Leased Premises. It is agreed and understood that are Tenant shall not Severe Weather Conditions); strikes, lockouts use nor be entitled to use the Leased Premises or other labor disturbances or labor disputes (other than labor disturbances portion thereof affected to conduct its normal business operations during any day for which Landlord is obligated to ▇▇▇▇▇ rent hereunder. The abatement herein provided shall be Tenant’s sole and labor disputes resulting solely from the actsexclusive remedy for interruption of service. Landlord agrees to use its reasonable efforts to restore such utility service as soon as possible.

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet refuse pickup, janitorial service, cable televisioninterior landscape maintenance and all other utilities, other telecommunications materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If any such utility is utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s Adjusted Share of all charges proportionate share of such utility jointly metered with other premises as Additional Rent or, costs in the alternativemanner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, Landlord may, at its option, monitor the usage of and no such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost failure or interruption shall be paid by deemed an eviction or entitle Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇to terminate this Lease or withhold or ▇▇▇▇▇ promptly thereafter or any rent due hereunder. Landlord shall at all reasonable times have reasonable access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as part a result of the next direct actions of Landlord’s Statement , its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to reflect the actual cost Landlord there is no HVAC or electricity services to all or a portion of providing utilities to the Premises. To , or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy all of the Building or Project (as applicablePremises are affected) to equal Landlord’s reasonable estimate of what such utility usage would have been had shall thereafter be abated until the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearPremises are again usable by Tenant; provided, however, that if Landlord shall not recover more than one hundred percent (100%) of is diligently pursuing the cost repair of such utilities. Tenant utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be liable for an abatement of Basic Rent. The foregoing provisions shall be Tenant’s sole recourse and remedy in the cost event of utilities supplied to such an interruption of services, and shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises attributable to (which shall be governed by the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession provisions of Article XI of the Premises prior to Lease). Any disputes concerning the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant foregoing provisions shall be responsible for the cost submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of utilities supplied to the Premises from such earlier date of possessionthis Lease. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts

Utilities and Services. 16.1. 16.1 Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, powerelectricity, telephone, internet servicecable, cable television, other telecommunications and other utilities supplied which may be furnished to the PremisesPremises during the term of this Lease, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Pro Rata Share of all charges the costs thereof as an Operating Expense unless Landlord has installed separate meters or measuring devices for the determination of Tenant’s actual use of such utility jointly service. Utilities and services provided to the Premises which are separately metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities directly to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share supplier of any utilitiessuch utility or service, then and Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities and services prior to reflect such excessdelinquency during the term of this Lease. In the event that one tenant of the Building or Project is less than fully occupied during using a calendar yeardisproportionate amount of any utility that is not separately metered, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy shall allocate an equitable portion of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility cost directly to such tenant. The primary measurement for metering usage would have been had will be based upon the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) cubic feet per minute of the cost of such utilities. Tenant shall not be liable for the cost of utilities air supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionpremises. 16.2. 16.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the any failure to furnish of any such utility or service, whether or not and in the event of such failure Tenant shall not be entitled to any abatement or reduction of Rent, nor be relieved from the operation of any covenant or agreement of this Lease, and Tenant waives any right to terminate this Lease on account thereof. Notwithstanding the foregoing: (i) in the event that Landlord is unable to supply any of the Building’s sanitary, electrical, heating, air conditioning, water, elevator, life safety or other essential systems serving the Premises (collectively, the “Essential Services”) from a cause within Landlord’s reasonable control, and such inability of Landlord materially impairs Tenant’s ability to carry on its business in the Premises for a period of ten (10) consecutive calendar days, Basic Annual Rent and Additional Rent shall be abated commencing with the eleventh (11th) day of such material interference with Tenant’s business, based upon the extent to which such inability to supply Essential Services materially impairs Tenant’s ability to carry on its business in the Premises. Such abatement shall continue until the Essential Services have been restored to such extent that the lack of any remaining services no longer materially impairs Tenant’s ability to carry on its business in the Premises. Tenant shall not be entitled to such an abatement to the extent that Landlord’s inability to supply Essential Services to Tenant is caused by Tenant or its employees, contractors, agents, licensees or invitees; and (ii) in the event that Landlord is unable to supply any Essential Services by reason of acts of God, accidents; , breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); , repairs, strikes, lockouts lockouts, labor disputes, inability to obtain utilities or materials or by any other labor disturbances reason beyond Landlord’s reasonable control, and (i) such inability of Landlord prevents Tenant from carrying on its business in the Premises for a period of thirty (30) consecutive calendar days or labor disputes (other than labor disturbances and labor disputes resulting solely from ii) such inability of Landlord materially impairs Tenant’s ability to carry on its business in the actsPremises for a period of sixty

Utilities and Services. 16.1. Tenant During the Term, Tenants shall pay for all water telephone and electric bills (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, gas bills at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter Townhomes), for service provided to the Apartment at the time such bills become due and payable whether or as part not the utility ▇▇▇▇ is in the name of the next Landlord’s Statement to reflect Tenant or another occupant of the actual cost of providing utilities Apartment. Landlord shall furnish, water, trash, basic cable or satellite TV service and wireless internet to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilitiesApartment at its expense, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost utilities in the common areas of utilities supplied the Building. Landlord shall furnish heat to the Premises Apartment at the Dinnaken, Argyle and Tairrie House properties. Any utilities paid by Landlord on Tenants behalf shall be charged back to Tenants as Rent under the Lease. Landlord shall have no obligation to pay Tenants utilities if not paid by Tenants. Provision of wireless internet is available as an amenity to the Tenants. Tenants are solely responsible for the security of their own accounts, system and equipment, including but not limited to defects such as viruses caused by acts of Tenant or others. Tenants are responsible for all communications and internet traffic originating from such earlier date within the Apartment. Tenant or Tenants shall notify Landlord immediately in the event Tenant or Tenants know or believe that the security of possession. 16.2the internet system has been compromised. Tenants are responsible for providing and configuring any hardware necessary to connect to the internet service. Landlord is not responsible for diagnosing connection problems beyond verification that the internet service is functioning. Tenants shall use the internet services in compliance with all federal, state, and local laws and regulations including those statutes, rules, and regulations governing the content of information received or sent over the internet. Tenants shall not engage in any activity that that might be harmful to the Landlord or other tenant’s equipment or data systems, including virus propagation, interception of data, compromising network security, providing internet service in the Apartment to unauthorized users. Landlord reserves the right to immediately terminate Tenant or Tenants internet service upon notification of any violation of federal, state or local statute, rule or regulation or for any improper use of the internet service. Landlord makes no warranties as to the merchantability or fitness of the internet service for a particular purpose. If Tenant or Tenants require internet access that is not susceptible to interruptions resulting from the shared nature of this service, they should seek alternative dedicated service at their sole expense. Landlord shall not be liable forto Tenant or Tenants for any incidental, nor shall indirect, special or consequential damages of any eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by accidents; breakage; casualties (kind related to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsprovision of internet service,

Utilities and Services. 16.1Landlord will furnish water, electricity and elevator service at all times and, during the normal building hours of 8:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 2:00 PM on Saturday except holidays, will furnish heat and air conditioning. If Tenant requires heat or air conditioning outside normal building hours, such service shall be provided at a rate of $50.00 per hour. Janitorial service will be provided in accordance with the schedule of the Building, a copy of which is attached as Exhibit E. Tenant shall comply with all government laws or regulations regarding the use or reduction of use of utilities on the Premises. Interruption of services or utilities shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, render Landlord liable to Tenant for damages, or relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord shall take all reasonable steps to correct any interruptions in service. Electrical service furnished will be 110 volts unless different service already exists in the Premises. Tenant shall pay provide its own surge protection for all water (including the cost power furnished to service, repair and replace reverse osmosis, de-ionized and other treated water), 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 thereoncomputers. If Tenant uses excessive amounts of utilities or services of any kind because of operation outside of normal building hours, high demands from office machinery and equipment, nonstandard lighting, or any other cause, Landlord may impose a reasonable charge for supplying such utility is extra utilities or services not separately metered to Tenantexceed Landlord’s actual costs, which charge shall be payable monthly by Tenant in conjunction with Rent payments. In case of dispute over any extra charge under this paragraph, Landlord shall designate a qualified independent engineer whose decision shall be conclusive on both parties. Landlord and Tenant shall each pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninetyone-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) half of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2determination. Landlord shall not acknowledges that Tenant will be liable forinstalling above-standard lighting fixtures that offer significant energy efficiency. Landlord will cooperate fully with Tenant’s efforts to secure grants from Better Bricks, nor shall any eviction Energy Trust of Oregon and related entities. Should Tenant result frombe able to clearly identify and quantify increased energy savings, Landlord will pass on the failure direct economic savings to furnish any utility or service, whether or not such failure is caused by accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsTenant.

Utilities and Services. 16.1. (a) Commencing on the Commencement Date, Tenant shall pay pay, prior to delinquency and throughout the Lease Term, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heatheating, lightventilation, powerair conditioning, cooling, sewer, telephone, internet electricity, garbage, janitorial service, cable television, landscaping and all other telecommunications services and other utilities supplied to the Premises, together with any fees, surcharges . All charges for utilities and taxes thereon. If any such utility is not services which are separately metered to Tenant, the Premises or which are provided directly to Tenant shall pay Tenant’s Adjusted Share of all charges of such or the Premises by utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost companies or third party providers shall be paid directly by Tenant as Additional Rentto such utility companies or third party providers prior to delinquency. Landlord may base its bills All other charges for utilities on reasonable estimates; provided that and services shall be included in Operating Expenses recoverable by Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter in accordance with Article IV. (b) The disruption, failure, lack or shortage of any service or utility with respect to the Premises, the Building or the Project due to any cause whatsoever shall not affect any obligation of Tenant hereunder, and Tenant shall faithfully keep and observe all the terms, conditions and covenants of this Lease and pay all Rent due hereunder, all without diminution, credit or deduction. Notwithstanding the foregoing, if Tenant is prevented from using, and does not use the Premises or any material portion thereof as part a result of the next Landlord’s Statement to reflect the actual cost a disruption of providing utilities to the Premises. To , and such disruption is caused solely, without intervening cause by the extent that Tenant uses more than Tenant’s Pro Rata Share intentional acts, gross negligence or willful misconduct of any utilitiesLandlord or Landlord Parties (an “Abatement Event”), then Tenant shall pay give Landlord for Tenant’s Adjusted Share written notice of such utilities Abatement Event, and if such Abatement Event continues for five (5) consecutive business days (the “Eligibility Period”), then the Base Rent payable hereunder shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to reflect such excess. In be so prevented and does not use, the event Premises, or any material portion thereof, in the proportion that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy Rentable Area of the Building or Project that Tenant is prevented from using, and does not use (as applicablethe “Unusable Area”) bears to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) total Rentable Area of the cost of such utilitiesBuilding. Tenant shall not be liable for the cost of utilities supplied In addition to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, thatforegoing, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3such disruption, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable forfailure, nor shall any eviction of Tenant result from, the failure to furnish any utility lack or service, whether or not such failure shortage is caused by accidents; breakage; casualties (Landlord’s negligent or willful failure to observe or perform its obligations hereunder, then, promptly after receipt of written notice from Tenant specifying such failure, Landlord shall initiate the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances cure of such failure and labor disputes resulting solely from the actsthereafter shall diligently prosecute said cure to completion.

Utilities and Services. 16.1. Tenant Landlord shall pay for use all water reasonable efforts to furnish (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilitiesOperating Expenses) heating, then Tenant shall pay Landlord ventilation, air conditioning, janitorial service, electricity for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar yearnormal lighting and office machines, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s cold water for reasonable estimate of what such utility usage would have been had the Building or Projectand normal drinking, as and lavatory use, replacement light bulbs and/or fluorescent tubes and ballasts for standard overhead fixtures and elevator service, if applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied and if currently being provided to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date ("Landlord's Services"). Said services and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant utilities shall be responsible provided on a 24-hour, 7-day a week basis, except for HVAC, janitorial and building maintenance services which shall be provided during building operating hours. Such utilities and services required at other times shall be subject to a reasonable charge. Such charge for HVAC services shall be as follows: $25 per hour for the cost first 500 hours of utilities supplied usage in each calendar year and $35 per hour of usage in excess of 500 hours in any calendar year and including a reasonable administrative charge for Landlord as determined by Landlord from time to the Premises from such earlier date of possession. 16.2time. Landlord shall not be liable for, nor shall any eviction of Tenant result from, the for failure to furnish any utility of the utilities described in this paragraph 16.9, and Tenant shall have no right to abatement of rental hereunder or service, whether or not to termination of this Lease with respect to any such interruption nor shall such failure is caused by accidents; breakage; casualties (constitute an eviction, nor shall Landlord be liable under any circumstances for loss of or injury to property, however occurring through or in connection with or incidental to the extent furnishing of any of the services enumerated above. Tenant agrees to exercise due care and prudence in the use of Landlord's Services and will comply with all federal, state, and local guidelines concerning the same. No heating, cooling, refrigeration or cooking equipment or office machines or equipment requiring electric current in excess of 110 volts shall be used in the Premises without Landlord's consent, which consent shall not caused be unreasonably withheld or delayed, provided however that such consent may be conditioned upon Tenant paying for direct expense as reasonably estimated by Landlord on account of the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are installation and use of such equipment. Nothing herein shall be deemed to waive Tenant's right to claim damages against Landlord for Landlord's failure to comply with Section 12.5 and the first sentence of this Section 16.9, nor in connection with the negligence or willful acts of Landlord or its employees, agents or contractors, or the right of Tenant to claim constructive eviction under Florida law in the case of any interruption which is not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances beyond Landlord's reasonable control and labor disputes resulting solely from where Tenant vacates the actsPremises.

Utilities and Services. 16.1Landlord, at its expense, shall cause the Leased Premises to be individually metered for gas and electricity service, and shall install the meters and meter vaults and provide the service connections specified in the Plans and Specifications and as otherwise customarily provided. Landlord shall pay for all impact fees, tap fees, hook-up fees, sewer capacity fees, meters, meter vaults and any and all other associated fees whatsoever in connection with the provision of utilities to the Leased Premises, except Tenant shall pay for any service connection fees. Tenant shall obtain in its own name and pay directly to the appropriate supplier the cost of all water (utility services used solely on the Leased Premises, including the cost to serviceremoval and disposal of trash from the Leased Premises. However, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other if any services or utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility are jointly metered with other premises as Additional Rent or, in the alternativeproperty, Landlord may, at its option, monitor shall make a reasonable determination of Tenant’s proportionate share of the usage 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 services providers) and Tenant shall pay such share to Landlord as a part of Operating Expenses. Except as provided below, Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other Building service and charge no such failure or interruption shall entitle Tenant with to terminate this Lease or withhold sums due hereunder. In the cost event of purchasingutility “deregulation”, installing and monitoring such metering equipment, which cost Landlord shall choose the service provider. All utility services to the Leased Premises shall be paid provided by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such utility providers unaffiliated with Landlord, and shall not be subject to surcharge, ▇▇▇▇ up or other cost increase by Landlord. If Landlord fails to provide utility service specifically required to be provided by Landlord under this Lease, and such interruption of service renders the Leased Premises or any portion of the Leased Premises untenantable for more than three (3) consecutive business days after Landlord receives written notice from Tenant of such interruption of service, then rent shall ▇▇▇▇▇ promptly thereafter or as part with respect to the area which is affected for each such consecutive day after the third business day during which the interruption continues. The rent abatement shall equal the then current Monthly Rental Installment due for the period of the next Landlord’s Statement to reflect the actual cost of providing utilities interruption with respect to the square footage affected. The Leased Premises shall be considered untenantable if Tenant does not use the Leased Premises or portion thereof affected in the conduct of its normal business operations as a result of said interruption of service to the Leased Premises. To the extent It is agreed and understood that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not use nor be liable entitled to use the Leased Premises or portion thereof affected to conduct its normal business operations during any day for the cost of utilities supplied which Landlord is obligated to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant ▇▇▇▇▇ rent hereunder. The abatement herein provided shall be responsible Tenant’s sole and exclusive remedy for the cost interruption of utilities supplied service. In all events, Landlord agrees to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure use its reasonable efforts to furnish restore any utility or service, whether or not such failure service that is caused by accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes interrupted (other than labor disturbances by the actions of Tenant, its agents and labor disputes resulting solely from the actscontractors) as soon as possible.

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet refuse pickup, janitorial service, cable televisioninterior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. If at any time after the Commencement Date any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other telecommunications and other utilities supplied service furnished to the Premises, together with any fees, surcharges and taxes thereon. If any no such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost failure or interruption shall be paid by deemed an eviction or entitle Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇to terminate this Lease or withhold or ▇▇▇▇▇ promptly thereafter or any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as part a result of the next actions of Landlord’s Statement , its agents, contractors or employees or the inactions of Landlord if Landlord is required to reflect the actual cost act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of providing utilities to the Premises. To , or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy all of the Building or Project (as applicablePremises are affected) to equal Landlord’s reasonable estimate of what such utility usage would have been had shall thereafter be abated until the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearPremises are again useable by Tenant; provided, however, that if Landlord shall not recover more than one hundred percent (100%) of is diligently pursuing the cost repair of such utilities. Tenant utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be liable for an abatement of Basic Rent or Operating Expenses. Any disputes concerning the cost foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of utilities supplied to this Lease. The foregoing provisions shall be Tenant's sole recourse and remedy in the Premises attributable to event of such an interruption of services, and shall not apply in the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession case of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose actions of parties other than as expressly permitted Landlord, its employees, contractors or authorized agents, or in Section 4.3case of damage to, then Tenant or destruction of, the Premises, which shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidents; breakage; casualties (to the extent not caused governed by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from provisions of Article XI of the actsLease.

Utilities and Services. 16.1(a) During the term of this lease, and so long as no event of default shall have occurred and be continuing hereunder, the Landlord, shall provide hot and cold running water for drinking purposes, electricity for normal office use, toilet and automatically operated elevator facilities to the Demised Premises on a round-the-clock basis. The Landlord shall also provide heat, air-conditioning and ventilation in the Demised Premises and the lobbies of the Building during "regular hours" of each "business day" (which as used in this lease means 7:00 a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m. to 1:00 p.m. on Saturday) sufficient to maintain the Demised Premises with proper ventilation at a comfortable temperature level. The HVAC system can be activated after hours via an override switch. The Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any Landlord on a monthly basis $30.00 per hour for such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rentovertime use. Landlord may base and Tenant agree to work cooperatively with one another to arrange and provide for extra hours of HVAC for the Demised Premises when Tenant requires such extra hours. Landlord agrees to use its bills best efforts to provide for utilities such additional HVAC when Tenant requests. Tenant recognizes that where possible, it shall notify Landlord of its need for additional HVAC by 3:00 p.m. of the day for which it is requested and by 3:00 p.m. on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter the day before the weekend or as holiday if requested for any part of the next Landlord’s Statement weekend or holiday. Tenant agrees to reflect the actual cost provide Landlord with as much prior notice as possible to avoid those situations where Landlord may not be available or reachable at 3:00 p.m. of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. a given day. (b) In the event that the Building Tenant shall install in the Demised Premises computer or Project other equipment which in the Landlord's judgment consumes more electricity than is less generally used for normal office use, or in the event that the Tenant regularly shall use the Demised Premises for a "second shift" or otherwise during other than fully occupied during a calendar yearregular hours of the business day, Tenant acknowledges that then the Landlord may extrapolate utility usage that varies depending cause a survey to be made, at the Tenant's expense, by a qualified independent electrical consultant to determine the amount of electricity consumed in the Demised Premises, and the Tenant shall pay to the Landlord on a monthly basis the occupancy amount by which the cost of the Building electricity consumed in the Demised Premises exceeds the cost of the electricity used for normal office use as reasonably estimated by the Landlord. The Tenant shall reimburse the Landlord on demand for all costs and expenses incurred in connection with such electrical survey. (c) The Landlord shall not be liable for failure to furnish any of the services specified in Section 17 (a) if such failure is due to the breakdown of the heating, ventilating or Project air-conditioning plant or the elevators, or any other service facility of the Building, or in the event the failure to furnish such services shall be due to strikes or any other cause beyond the Landlord's control. Anything in this Lease to the contrary notwithstanding, if the stoppage of services which Landlord is obligated to provide for Tenant causes any portion of the Demised Premises to become unusable by Tenant for more than ten (10) consecutive days, then and in that event Tenant shall be entitled to a pro rata abatement of rent as applicableto such unusable portion of the Demised Premises commencing with the fourth (4th) to equal Landlord’s reasonable estimate of what such utility usage would have been had day that the Building or Projectsame are unusable, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for entitled to any abatement of rent due to unusability (i) caused by any act or omission of Tenant or any of Tenant's servants, employees, agents, visitors, or licensees, or (ii) where Tenant requests Landlord to make a decoration, alteration, improvement, or addition, or (iii) where the cost of utilities supplied repair in question or the services in question are those which Tenant is obligated to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession make or furnish under any of the Premises prior to provisions of the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionlease. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts

Utilities and Services. 16.1. Landlord shall pay the appropriate service provider for all water (from a local municipal or similar source) and gas supplied to the Premises. Tenant shall pay Tenant’s Pro Rata Share of all charges of such utilities as part of Operating Expenses; provided, however, that if Tenant’s consumption of any such utility exceeds that of a typical office user (as reasonably determined by Landlord), then Tenant shall pay to Landlord (as Additional Rent outside of Operating Expenses within thirty (30) days of receiving an invoice from Landlord therefor) the total cost of such excess consumption (including, without limitation, the cost of purchasing, installing and monitoring any metering equipment Landlord deems reasonably necessary to monitor such excess consumption). Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities electricity supplied to the PremisesPremises (which Premises are currently separately sub-metered), together with any fees, surcharges and taxes thereon. If any such utility In the event that electricity is not separately metered to TenantTenant for any period of time during the Term, Tenant shall pay to Landlord (as Additional Rent outside of Operating Expenses within thirty (30) days of receiving an invoice from Landlord therefor) Tenant’s Adjusted Pro Rata Share of all charges of such utility electricity jointly metered with other premises premises; provided, however, that if Tenant’s consumption of electricity exceeds Tenant’s Pro Rata Share (as Additional Rent orreasonably determined by Landlord), in then Tenant shall pay to Landlord the alternative, Landlord may, at its option, monitor the usage total cost of such utilities by Tenant and charge Tenant with excess consumption (including, without limitation, the cost of purchasing, installing and monitoring any metering equipment Landlord deems reasonably necessary to monitor such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excessexcess consumption). In the event that the Building or Project is less than fully ninety-five percent (95%) occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, Project been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than placement of personal property as expressly permitted set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidentsaccident; breakage; casualties repair; strike, lockout or other labor disturbance or labor dispute of any character; act of terrorism; shortage of materials, which shortage is not unique to Landlord or Tenant, as the case may be; governmental regulation, moratorium or other governmental action, inaction or delay; or other causes beyond Landlord’s control (collectively, “Force Majeure”) or, to the extent permitted by Applicable Laws, Landlord’s negligence. In the event o such failure, Tenant shall not caused 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. Notwithstanding anything to the contrary in this Lease, if, for more than ten (10) consecutive business days following written notice to Landlord and as a direct result of Landlord’s gross negligence or willful misconduct, the provision of HVAC or other utilities to all or a material portion of the Premises that Landlord must provide pursuant to this Lease is interrupted, then Tenant’s Base Rent and Operating Expenses (or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Operating Expenses) shall thereafter be abated until the Premises are again usable by Tenant for the Permitted Use; provided, however, that, if Landlord is diligently pursuing the restoration of such HVAC and other utilities and Landlord provides substitute HVAC and other utilities reasonably suitable for Tenant’s continued use and occupancy of the Premises for the Permitted Use (e.g., supplying portable air conditioning equipment), then neither Base Rent nor Operating Expenses shall be abated. In the event of any interruption of HVAC or other utilities that Landlord must provide pursuant to this Lease, regardless of the cause, Landlord shall diligently pursue the restoration of such HVAC and other utilities. Notwithstanding anything in this Lease to the contrary, but subject to Article 24 (which shall govern in the event of a casualty), the provisions of this Section shall be Tenant’s sole recourse and remedy in the event of an interruption of HVAC or other utilities to the Premises. 16.3. 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, beyond those utilities provided by Landlord, including telephone, internet service, cable television and other telecommunications, together with any fees, surcharges and taxes thereon. Upon Landlord’s demand, utilities and services provided to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utilities or services. 16.4. Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including data processing machines) that will in any way (a) increase the amount of ventilation, air exchange, gas, steam, electricity or water required or consumed in the Premises based upon Tenant’s Pro Rata Share beyond the existing capacity of the Building or the Project usually furnished or supplied for the Permitted Use or (b) exceed Tenant’s Pro Rata Share of the capacity to provide such utilities or services. 16.5. If Tenant shall require utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building or the Project 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 actual cost of providing such excess utilities and services with no surcharge or administrative fee added by the Landlord. 16.6. Landlord shall provide water in Common Areas for lavatory and landscaping purposes only, which water shall be from the local municipal or similar source; provided, however, that if Landlord determines that Tenant requires, uses or consumes water provided to the Common Areas for any purpose other than ordinary lavatory purposes, Landlord may install a water meter (“Tenant Water Meter”) and thereby measure Tenant’s water consumption for all purposes. Tenant shall pay Landlord for the costs of any Tenant Water Meter and the installation and maintenance thereof during the Term. If Landlord installs a Tenant Water Meter, Tenant shall pay for water consumed, as shown on such meter, as and when bills are rendered. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred or payments made by Landlord for any of the reasons or purposes stated in this Section shall be deemed to be Additional Rent payable by Tenant and collectible by Landlord as such. 16.7. Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and utility 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, except as provided in Section 16.2, Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or utility service when prevented from doing so by Force Majeure or, to the extent permitted by Applicable Laws, Landlord’s negligence; a failure by a third party claiming to deliver gas, oil or another suitable fuel supply; 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 MajeureMajeure or, to the extent permitted by Applicable Laws, Landlord’s negligence. 16.8. For the Premises, Landlord shall (a) maintain and operate the HVAC used for typical office use only (and not for uses other than office use, including HVAC related to laboratory fixtures and equipment) 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 during normal business hours on normal business days (which, for purposes of this Lease, are defined as Monday through Friday from 8:00 a.m. until 6:00 p.m. and Saturdays from 8:00 a.m. until 1 p.m., excluding holidays recognized as such by the federal government and/or the Commonwealth of Massachusetts) subject to casualty, eminent domain or as otherwise specified in this Article. If Tenant will require HVAC outside normal business hours on normal business days (“Overtime HVAC”); Severe Weather Conditions , then Landlord shall be obligated to provide Overtime HVAC only if Tenant (y) requests it by 4 p.m. on the immediately preceding business day and (z) requires a minimum of at least two (2) hours of Overtime HVAC. Tenant shall pay Landlord (as defined below)Additional Rent outside of Operating Expenses within thirty (30) days of receiving an invoice therefor) Landlord’s then-current hourly rate for Overtime HVAC for the Premises, the rate of which is currently Fifty Dollars ($50.00) per hour and is subject to change on thirty (30) days prior written notice to Tenant. Notwithstanding anything to the contrary in this Section, except as provided in Section 16.2, Landlord shall have no liability, and Tenant shall have no right or remedy, on account of any interruption or impairment in HVAC services; physical natural disasters provided that Landlord diligently endeavors to cure any such interruption or impairment. 16.9. Notwithstanding anything to the contrary in this Lease, any supplemental HVAC unit servicing the server room within the Premises (but excluding weather conditions the “Supplemental HVAC Unit”) shall be the sole responsibility of Tenant and Landlord shall have no obligations with respect thereto. Tenant shall, at its sole cost and expense, maintain and keep the Supplemental HVAC Unit in good condition and repair and shall otherwise be solely responsible for any repair, maintenance and/or replacement costs with respect to the Supplemental HVAC Unit. Tenant shall keep in full force and effect during the Term (and occupancy by Tenant, if any, after termination of this Lease) a preventative maintenance contract for quarterly, semi-annual, and annual Supplemental HVAC Unit inspections and maintenance using a qualified, licensed, bonded service provider reasonably approved by Landlord. If requested in writing by Landlord, Tenant shall provide to Landlord copies of the Supplemental HVAC Unit maintenance contracts and the Supplemental HVAC Unit maintenance reports on a quarterly basis. In the event Landlord determines that are Tenant is not Severe Weather Conditions); strikesproperly maintaining the Supplemental HVAC Unit, lockouts Landlord may take over Tenant’s responsibilities with respect to the Supplemental HVAC Unit. Any such costs or other labor disturbances expenses incurred, or labor disputes payments made by Landlord as a result of Tenant failing to properly maintain the Supplemental HVAC Unit, shall be deemed to be Additional Rent payable by Tenant outside of Operating Expenses within thirty (other than labor disturbances 30) days of receiving an invoice therefor. Tenant shall pay to Landlord (as Additional Rent outside of Operating Expenses within thirty (30) days of receiving an invoice therefor) all monthly utility charges incurred in connection with running the Supplemental HVAC Unit. Tenant shall pay to Landlord (as Additional Rent outside of Operating Expenses within thirty (30) days of receiving an invoice therefor) an amount equal to all costs incurred by Landlord in connection with purchasing, installing and labor disputes resulting solely from monitoring any metering equipment Landlord deems reasonably necessary to monitor utility consumption with respect to the actsSupplemental HVAC Unit. Notwithstanding anything to the contrary in this Lease, Landlord shall have no liability, and Tenant shall have no right or remedy, on account of any interruption or impairment with respect to the Supplemental HVAC Unit.

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet refuse pickup, janitorial service, cable televisioninterior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon; provided, however, Tenant shall not be obligated to pay directly for any utilities, water, gas, electricity, sewer, heat, light, power, janitorial service, landscape maintenance, etc. to the extent such costs are billed to Tenant as Operating Expenses for the Project. Tenant, at its sole cost, may select and retain a janitorial service company to clean the Premises at such times and in a manner consistent with the operation of a first class office building. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other telecommunications and other utilities supplied service furnished to the Premises, together with any fees, surcharges and taxes thereon. If any no such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost failure or interruption shall be paid by deemed an eviction or entitle Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇to terminate this Lease or withhold or ▇▇▇▇▇ promptly thereafter or as part any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of the next Landlord’s Statement . In exercising Landlord's right of free access to reflect the actual cost all mechanical and electrical installations, Landlord shall not unreasonably interfere with Tenant's use and enjoyment of providing utilities to the Premises. To Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy all of the Building or Project (as applicablePremises are affected) to equal Landlord’s reasonable estimate of what such utility usage would have been had shall thereafter be abated until the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearPremises are again usable by Tenant; provided, however, that if Landlord shall not recover more than one hundred percent (100%) of is diligently pursuing the cost repair of such utilities. Tenant utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be liable for an abatement of Basic Rent. Any disputes concerning the cost foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of utilities supplied to this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises attributable to Premises, which shall be governed by the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession provisions of Article XI of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionLease. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts

Utilities and Services. 16.19.01 Subject to the other provisions of this Lease, the following services are provided. A. Electricity, water, and elevator service (if elevators presently serve the Premises) are provided. B. Heating and air conditioning are provided 7:00 a.m. to 6:00 p.m. Monday through Saturday, except holidays. Tenant If Lessee desires such service during other hours, Lessee must prearrange the same with Lessor and pay an additional charge for such service. C. Five days per week janitorial service, periodic window cleaning, supplies for Building operation, and other customary services. If Lessee uses any utility or service in excess of normal usage levels, as determined by Lessor in its sole discretion, Lessor shall pay have the right to charge Lessee for all water (including such excess use and to charge Lessee the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any separately meter such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall use. 9.02 Lessor will not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted or deemed in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable forLessor Default, nor shall will there be any eviction abatement of Tenant result fromrent or right to terminate this Lease, the failure to furnish for (a) any interruption or reduction of utilities, utility services or service, whether or not such failure is caused by accidents; breakage; casualties (to the extent telecommunication services not caused by the party claiming Force Majeure); Severe Weather Conditions Lessor, (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts b) any telecommunications or other labor disturbances company (whether selected by Lessor or labor disputes Lessee) failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, or rolling interruptions. Lessee agrees to comply with any energy conservation programs required by law or implemented by Lessor. Lessee acknowledges that utility and service costs and availability may fluctuate significantly, due to power shortages or other than labor disturbances events and labor disputes resulting solely from factors, and Lessee accepts the actsrisks of such fluctuations. Lessor reserves the right, in its reasonable discretion, to designate, at any time, the utility and service providers for Lessee’s use within the Property; no such designation shall impose liability upon Lessor. 9.03 Lessee has satisfied itself as to the adequacy of any Lessor owned utility equipment and the quantity of telephone lines and other service connections to the Building available for Lessee’s use.

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied furnish to the Premises attributable the utilities and services in accordance with the standards of a comparable Class A office building of similar age, design and location in San Diego, California and as generally described in Exhibit B, subject to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date conditions and Tenant uses the Premises for any purpose other than as expressly permitted payment obligations and standards set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2this Lease. Landlord shall not be liable for, nor shall for any eviction of Tenant result from, the failure to furnish any utility services or service, whether or not such utilities when the failure is caused the result of any accident or other cause beyond Landlord’s reasonable control, nor shall Landlord be liable for damages resulting from power surges or any breakdown in telecommunications facilities or services. Landlord’s temporary inability to furnish any services or utilities shall not entitle Tenant to any damages, relieve Tenant of the obligation to pay rent or constitute a constructive or other eviction of Tenant, except that Landlord shall diligently attempt to restore the service or utility promptly. However, if the Premises, or a material portion of the Premises, are made untenantable for a period in excess of 3 consecutive business days as a result of a service interruption that is reasonably within the control of Landlord to correct, then Tenant, as its sole remedy, shall be entitled to receive an abatement of rent payable hereunder during the period beginning on the 4th consecutive business day of the service interruption and ending on the day the service has been restored. If the entire Premises have not been rendered untenantable by accidents; breakage; casualties (the service interruption, the amount of abatement shall be equitably prorated. Tenant shall comply with all reasonable rules and regulations which Landlord may reasonably establish for the provision of services and utilities, and shall cooperate with all reasonable conservation practices established by Landlord. Subject to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined provisions of Section 7.5 below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances Landlord shall at all reasonable times have free access to all electrical and labor disputes resulting solely from the actsmechanical installations of Landlord.

Utilities and Services. 16.1. Except to the extent that Landlord has assumed responsibility for certain repair and maintenance obligations as set forth in Section 18.1 below, Tenant shall, at Tenant’s sole cost and expense, procure and maintain contracts, with copies furnished promptly to Landlord after execution thereof, in customary form and substance, for and with contractors specializing and experienced in, the maintenance of the following equipment and improvements, if any, if and when installed on the Premises (a) HVAC equipment, (b) boilers and pressure vessels, (c) fire extinguishing systems, including fire alarm and smoke detection devices, (d) roof coverings and drains, (e) clarifiers, (f) basic utility feeds to the perimeter of the Building and (g) any other equipment reasonably required by Landlord. In addition, no later than February 28th of each calendar year during the Term, Tenant, at Tenant’s sole cost and expense, shall furnish such service contracts and the maintenance records for such equipment and improvements for the previous calendar year to Landlord for Landlord’s review. Notwithstanding anything to the contrary in this Section, Landlord reserves the right, if Tenant fails to so furnish the aforesaid information within thirty (30) days of Landlord’s request, upon at least ten (10) days’ prior written notice to Tenant, to procure and maintain any or all of such service contracts, and if Landlord so elects, Tenant shall reimburse Landlord, upon demand, for the costs thereof. 16.2. Unless Landlord has expressly assumed responsibility for a particular utility or service as provided in Section 18.1 below, Tenant shall make all arrangements for and pay for all water (including the cost to servicewater, repair and replace reverse osmosiselectricity, de-ionized and other treated water)air, sewer, refuse, gas, heat, light, power (including emergency power), telephonetelephone service and any other service or utility at the Premises during the entire Term; provided, internet servicehowever, cable television, other telecommunications that if Landlord shall permit and other utilities supplied Tenant takes possession of the Premises prior to the PremisesTerm Commencement Date, together with any fees, surcharges Tenant shall be responsible for utilities from such earlier date of possession. Gas and taxes thereonelectric shall be separately metered to Tenant. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost utility. Any costs of purchasing, installing and monitoring such any utility metering equipment, which cost equipment for the Premises shall be paid by Tenant as Additional Rent. If Tenant does not pay all of its utility bills directly, Landlord may base its bills for utilities that are not directly paid on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.216.3. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsacts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence. “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at the applicable time based on historic meteorological records. In the event of such failure, 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. Notwithstanding anything to the contrary in this Lease, if as a direct result of Landlord’s gross negligence or willful misconduct, for more than seven (7) consecutive business days following written notice to Landlord: (a) HVAC or electricity services to all or a material portion of the Premises that Landlord must provide pursuant to this Lease is interrupted or is unable to support Tenant’s normal occupancy requirements for the Permitted Use, or (b) an interruption of other essential utilities and building services that Landlord must provide pursuant to this Lease, such as fire protection or water, prevents the use or occupancy of all or a material portion of the Premises for the Permitted Use, then Tenant’s Base Rent and Operating Expenses (or an equitable portion of such Base Rent and Operating Expenses based on the impact of such interruption on Tenant’s business operations, to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant for the Permitted Use; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s continued use and occupancy of the Premises for Permitted Use purposes, as for example, bringing in portable air-conditioning equipment or potable water supplies, then there shall not be an abatement of Base Rent. In any such event, regardless of cause, Landlord shall diligently pursue the repair of such utilities and services. The foregoing provisions shall be Tenant’s sole recourse and remedy in the event of an interruption of services to the Premises caused by Landlord’s gross negligence or willful misconduct. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, in the case of simple negligence of Landlord, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article 24 of the Lease).

Utilities and Services. 16.1(a) From 7:00 a.m. to 6:00 p.m. on weekdays and 8:00 a.m. to 1:00 p.m. on Saturday excluding legal holidays ("NORMAL BUSINESS HOURS"), Landlord shall furnish to the Premises electricity for lighting and operation of low-power usage office machines (not to exceed without additional charge to Tenant, 5 ▇▇▇▇▇ per usable square foot of the Premises), water, heat and air conditioning, and common elevator service. During all other hours, Landlord shall furnish such service except for heat and air conditioning, provided Tenant may be charged for after-hours electricity as provided herein. Landlord shall provide janitorial services for the Premises Monday through Friday (excluding legal holidays) in accordance with Building standard cleaning specifications reasonably established by Landlord. Tenant shall separately arrange with, and pay directly to, the applicable local public authorities or utilities, as the case may be, for the furnishing, installation and maintenance of all water (including telephone services and equipment as may be required by Tenant in the cost use of the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant's inability to receive such service, repair and replace reverse osmosis, de-ionized and other treated water), 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 thereonsuch inability shall not relieve Tenant of any of its obligations under this Lease. If at any such utility time during the Term Landlord shall determine that installation of a separate electrical meter for the Premises is not separately metered to necessary or desirable as a result of Tenant's after-hours or excess electrical usage, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring maintaining such metering equipmentmeter and the cost of Tenant's electrical usage as measured by such meter. (b) If requested by Tenant, which Landlord shall furnish heat and air conditioning at times other than Normal Business Hours and the cost of such services as established by Landlord shall be paid by Tenant as Additional Rent, payable concurrently with the next installment of Base Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part Subject to Landlord's prior written approval of Tenant's plans and specifications, all supplemental HVAC equipment required (if any) to accommodate Tenant's computer room shall be installed and separately metered at Tenant's expense. The cost of operation (including usage charges, fees, and assessments incurred by Landlord) and maintenance of any supplemental HVAC equipment shall be the sole responsibility of the next Landlord’s Statement Tenant and paid to reflect Landlord as Additional Rent. (c) Without limiting the actual cost terms of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar yearParagraph 5(a) above, Tenant acknowledges that Landlord has contracted with Southern California Edison to provide electricity for the Building, and that Landlord reserves the right to change the provider of such service at any time and from time to time in Landlord's sole discretion (any such provider being referred to herein as the "ELECTRIC SERVICE PROVIDER"). Tenant shall obtain and accept electrical service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may extrapolate utility usage that varies depending on otherwise have) (i) to contract with or otherwise obtain any electrical service for or with respect to the occupancy Premises or Tenant's operations therein from any provider of electrical service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other similar arrangement with the Electric Service Provider for the provision of electrical service to Tenant at the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including without limitation allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (a) to install, repair, replace, improve and remove and any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or Project the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (b) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. Tenant shall provide such information and specifications regarding Tenant's use or projected use of electricity at the Premises as applicableshall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including without limitation loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease. (d) to equal Landlord’s reasonable estimate of what such utility usage would have been had Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building and/or the Project, as applicable, been ninety-five percent (95%) occupied during and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilitiesrationing or restrictions. Tenant agrees to comply with energy conservation programs implemented by Landlord by reason of rationing, restrictions or Laws. (e) Landlord shall not be liable for the cost of utilities supplied any loss, injury or damage to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 property caused by accidentsor resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, including, without limitation, (i) accident, breakage or repairs; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); ii) strikes, lockouts or other labor disturbances or labor disputes of any such character; (iii) governmental regulation, moratorium or other than labor disturbances and labor disputes governmental action; (iv) inability, despite the exercise of reasonable diligence, to obtain electricity, water or fuel; (v) service interruptions or any other unavailability of utilities resulting solely from the actscauses beyond Landlord's control including without limitation, any Service Provider initiated "▇▇▇▇▇-out" or "black-out," war, terrorism or bioterrorism; and

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s 's Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and in the event Landlord determines that Tenant's use is over-standard, charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s 's Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s 's Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s 's Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s 's reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsacts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures by third parties to deliver gas, oil or another suitable fuel supply, or

Utilities and Services. 16.1. Tenant shall obtain in its own name and pay for all water (including directly to the appropriate supplier the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility utilities and services serving the Leased Premises. However, if any services or utilities are jointly metered with other premises as Additional Rent or, in the alternativeproperty, Landlord may, at its option, monitor shall make a reasonable determination of Tenant’s proportionate share of the usage 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 services providers) and Tenant and charge Tenant with the cost shall pay such share to Landlord within fifteen (15) days after receipt of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional RentLandlord’s written statement. Landlord may base shall not be liable in damages or otherwise for any failure or interruption of any utility or other Building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding the foregoing, to the extent that (a) such interruption of service is caused by the negligence or willful misconduct of Landlord or its bills employees and (b) such interruption of service renders the Leased Premises or any portion of the Leased Premises untenantable for utilities on reasonable estimates; provided that a period of six (6) consecutive business days after Landlord adjusts receives written notice from Tenant of such ▇▇▇interruption of service, Minimum Annual Rent and the TICAM Charges shall ▇▇▇▇▇ promptly thereafter or as part with respect to the area which is affected for each such consecutive day after said six (6) business day period that such area of the next Landlord’s Statement to reflect Leased Premises is so rendered until such service is restored. The rent abatement shall equal the actual cost Monthly Rental Installment due for the period of providing utilities the interruption with respect to the Premisessquare footage affected. To Provided, however, to the extent that such interruption is caused or continues as a result of (i) force majeure (as defined in Section 16.03 hereof), or (ii) the negligence or willful misconduct of Tenant, its agents, employees, contractors, subtenants, invitees or assignees, Tenant uses more than shall not be entitled to any abatement hereunder. The Leased Premises shall be considered untenantable if Tenant does not use the Leased Premises or portion thereof affected in the conduct of its normal business operations as a result of said interruption of service to the Leased Premises. It is agreed and understood that Tenant shall not use nor be entitled to use the Leased Premises or portion thereof affected to conduct its normal business operations during any day for which Landlord is obligated to ▇▇▇▇▇ rent hereunder. The abatement herein provided shall be Tenant’s Pro Rata Share sole and exclusive remedy for interruption of service. Landlord agrees to use its reasonable efforts to restore such utility service as soon as possible. If, however, such interruption of service renders the Leased Premises or any utilities, then material portion of the Leased Premises untenantable for a period of greater than twenty (20) consecutive business days after Landlord receives written notice from Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities interruption of service, Landlord, upon the request of Tenant, shall use reasonable efforts to reflect such excess. In the event provide Tenant with temporary space from which to operate at a rental rate to be agreed upon at that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yeartime; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant rental rate shall not be liable for in excess of the cost of utilities supplied Minimum Annual Rent that would have been payable hereunder absent such interruption in service. Notwithstanding anything herein to the Premises attributable contrary, Landlord acknowledges that Tenant shall be permitted (subject to Section 7.03 below) to upgrade the time period prior to transformer and or install a new transformer at the Term Commencement Date; providedLeased Premises, which shall become the property of Landlord upon installation. If, however, thatTenant installs an additional new and specialized transformer at the Leased Premises, if Landlord shall permit Tenant possession of the Premises prior then, notwithstanding anything to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted contrary set forth in Section 4.3, then Tenant 7.03 below such transformer shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions deemed Tenant’s Property (as defined in Section 8.01 below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts.

Utilities and Services. 16.1(a) Mondays through Fridays from 8:00 A.M. to 6:00 P.M. and Saturdays from 8:00 A.M. to 1:00 P.M. (except the days observed by the Federal or State governments as legal holidays), Landlord shall furnish and distribute to the Premises air conditioning and heat with a system designed in accordance with Exhibit “F” hereto. If Tenant shall require air conditioning or heat at any other time (“after-hours”), Landlord shall furnish after-hours air conditioning and heat upon reasonable advance notice from Tenant, and Tenant shall pay Landlord’s costs (direct and related) therefor on Landlord’s demand. The current charge for all after hours heat is $40.00 per hour and for after hours air conditioning is $75.00 per hour, which charges are subject to revision. (b) Landlord shall supply reasonably adequate quantities of water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the PremisesPremises for ordinary lavatory and drinking purposes. (c) Landlord shall cause the Premises to be cleaned in accordance with Exhibit “G” hereto; provided that to the extent any area is used for the preparation, together with any feesdispensing or consumption of food or for a computer room, surcharges data processing or similar equipment and taxes thereon. If any such utility is not separately metered to Tenantrequires additional cleaning, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in to Landlord the alternative, Landlord may, at its option, monitor the usage of such utilities premium charged for same by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement cleaning contractor. (d) In no event shall Landlord be required to reflect the actual cost of providing utilities provide any security services to the Premises. To Tenant shall supply such security services to the Premises as Tenant requires and at Tenant’s sole cost and expense, subject to Landlord’s prior approval of plans, provided that Landlord’s consent shall not be required to the extent that the work is nonstructural, as defined in Article 9(b) hereof. As of the Commencement Date, Landlord shall provide twenty-five (25) card keys to Tenant uses more than Tenantfor its employees at Landlord’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excesssole cost and expense. In the event Tenant requires additional or replacement card keys during the Term, same shall be provided by Landlord to Tenant at Tenant’s expense. (e) Landlord does not warrant that any of the Building services referred to above, or Project is less than fully occupied during a calendar yearany other services which Landlord may supply, will be free from interruption, Tenant acknowledges acknowledging that Landlord any or more such services may extrapolate utility usage that varies depending on be suspended by reason of accident or of repairs, alterations or improvements necessary to be made, or by strikes or lockouts, or by operation of law, or causes beyond the occupancy reasonable control of the Building Landlord. Any such interruption or Project (as applicable) to equal Landlord’s reasonable estimate discontinuance of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant service shall not be liable for the cost deemed an eviction or disturbance of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant Tenants use and possession of the Premises prior Premises, or any part thereof, or render Landlord liable to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3damages by abatement of Rent or otherwise, then or relieve Tenant shall be responsible for the cost from performance of utilities supplied to the Premises from such earlier date of possessionTenant’s obligations under this Lease. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts

Utilities and Services. 16.1. Tenant shall pay for all water (including Throughout the cost Term of the Lease so long as the Premises are occupied, Landlord agrees to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied furnish or cause to be furnished to the PremisesPremises the utilities and services described in the Standards for Utilities and Services attached hereto as Exhibit “D”, together subject to the conditions and in accordance with the standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant’s employees and/or agents which are authorized by Tenant to subscribe on behalf of Tenant for any feesadditional services which may be provided by Landlord. Any such additional services will be provided to Tenant at Tenant’s cost. Landlord will not be liable to Tenant for any failure to furnish any of the foregoing utilities and services if such failure is caused by all or any of the following: (i) accident, surcharges and taxes thereonbreakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or (v) any other cause beyond Landlord’s reasonable control. If In addition, in the event of any such utility is not separately metered to Tenantstoppage or interruption of services or utilities, Tenant shall pay Tenant’s Adjusted Share not be entitled to any abatement or reduction of all charges rent (except as expressly provided below or in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any covenant or agreement in this Lease because of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearfailure; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 solely by accidents; breakage; casualties the negligence or willful misconduct of Landlord or Landlord’s Parties and Tenant is unable to conduct its business in the Premises for a period exceeding five (5) consecutive calendar days, then and only in such event, Base Rent shall be abated from the sixth calendar day of such interruption until such time as Tenant is able to recommence its business operations in the Premises. In the event of any failure, stoppage or interruption thereof, Landlord agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to pay, as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the Premises, at Tenant’s sole expense, and Tenant agrees thereafter to pay all charges of the utility providing service and Landlord will make an appropriate adjustment to Tenant’s Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Operating Expenses subject to such adjustment. Landlord shall have the right at any time and from time-to-time during the Term of the Lease to contract for service from any company or companies providing electricity service (“Service Provider”). Tenant shall cooperate with Landlord and the Service Provider at all times and, as reasonably necessary, shall allow Landlord and Service Provider reasonable access to the extent not caused Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikesService Provider is no longer available or suitable for Tenant’s requirements, lockouts no such change, failure, defect, unavailability, or other labor disturbances unsuitability shall constitute an actual or labor disputes (other than labor disturbances and labor disputes resulting solely constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the actsLease.

Utilities and Services. 16.1. Tenant shall timely pay when due directly to the applicable electric utility company and service provider all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, powerelectricity, telephone, internet service, cable television, other telecommunications and other utilities supplied communication services and shall have such services in its name; provided, however, to the extent that electricity is check-metered to the Premises, together with any feesTenant shall pay the actual costs incurred for electricity directly to Landlord ten (10) days after billing without Landlord mark-up. Current tel/data service providers include Verizon and Comcast. Landlord shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Premises as of the Term Commencement Date following completion of Landlord’s Work. In the event Tenant requires additional utilities or equipment, surcharges the installation and taxes thereonmaintenance thereof shall be Tenant’s sole cost and obligation, provided that such installation shall be subject to the written consent of Landlord which shall not be unreasonably withheld, delayed or conditioned. If any such utility is not separately metered Tenant’s normal business hours are 7 AM to Tenant7 PM Monday through Saturday of each week. As of the Term Commencement Date, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with have access to the Building, the Premises, and the parking facilities and other premises as Additional Rent orcommon areas twenty-four (24) hours per day, seven (7) days per week, fifty-two (52) weeks a year. In the event Tenant shall require Building services other than during normal business hours which results in the alternativeadditional cost and expense to Landlord, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid responsible to reimburse Landlord for such additional cost and expense incurred by Tenant as Additional RentLandlord without mark-up. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇Subject to Section 33, ▇▇▇▇▇▇ promptly thereafter agrees that in no event shall Landlord be liable for any interruption or as part of the next delay in relation to utilities or equipment or in relation to Landlord’s Statement to reflect obligations under this Lease caused by accident, making of repairs, alterations or improvements in the actual cost Building, labor difficulties, trouble in obtaining fuel, electricity or services or supplies, governmental restraints or the actions or inactions of providing utilities to the Premises. To the extent that Tenant uses more than or those acting by, through or under Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal other causes beyond Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters control (but excluding weather conditions that are not Severe Weather Conditionsin respect of those matters for which Landlord is expressly responsible under this Lease, Landlord will use diligent good faith efforts under the circumstances to restore such services or make such repairs); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts.

Utilities and Services. 16.1. Tenant shall pay for all water Except as otherwise provided in the Addendum to this Sublease, Sublessor, at Sublessor’s expense, will provide ordinary and customary amounts and quantities of water, and janitorial services (including the cost to service5 days per week), repair and replace reverse osmosis, de-ionized and other treated water)sewer, gas, heattrash collection, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities interior window washing to the Premises. To the extent that Tenant uses more than TenantIf Subtenant’s Pro Rata Share use of any utilitieswater, sewer and/or other utilities exceeds ordinary and customary usage levels, then Tenant Subtenant shall pay Landlord for Tenant’s Adjusted Share Sublessor the actual reasonable cost of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project excess (as applicable) to equal Landlorddetermined in Sublessor’s reasonable estimate of what such utility usage would have been had the Building or Projectdiscretion). Except for Sublessor’s obligations set forth above, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord Subtenant shall not recover more than one hundred percent (100%) of make all arrangements for and pay the cost of such utilitiesall utilities and services furnished to the Premises or used by Subtenant. Tenant Sublessor shall not be liable for the cost of failure to furnish any utilities supplied or services to the Premises attributable when such failure results from causes beyond Sublessor’s reasonable control, and such failure shall neither be deemed and actual or constructive eviction, nor release Subtenant from its obligations under this Sublease, including without limitation, Subtenant’s obligation to pay Rental. If Sublessor constructs new or additional utility facilities, including without limitation wiring, plumbing, conduits, and/or mains, resulting solely from Subtenant’s changed or increased utility requirements, Subtenant shall on demand promptly pay to Sublessor the total cost of such items. If any governmental authority having jurisdiction over the Project imposes mandatory controls, or suggests voluntary guidelines applicable to the time period prior Project, relating to the Term Commencement Date; provideduse or conservation of water, howevergas, thatelectricity, if Landlord shall permit Tenant possession power, or the reduction of the Premises prior automobile emissions, Sublessor, at its reasonable discretion, may comply with such mandatory controls or voluntary guidelines and, accordingly, require Subtenant to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2so comply. Landlord Sublessor shall not be liable forfor damages to persons or property for any mandatory reduction, nor shall such mandatory reduction in any way be construed as a partial eviction of Tenant result fromSubtenant; cause an abatement of rent, the failure or operate to furnish release Subtenant from any utility or service, whether or not such failure is caused by accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsof Subtenant’s obligations under this Sublease.

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet refuse pickup, janitorial service, cable televisioninterior landscape maintenance and all other utilities, other telecommunications materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If any such utility is utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within fifteen (15) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant’s Adjusted Share of all charges 's proportionate share of such utility jointly metered with other premises as Additional Rent or, costs in the alternativemanner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, Landlord may, at its option, monitor the usage of and no such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost failure or interruption shall be paid by deemed an eviction or entitle Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇to terminate this Lease or withhold or ▇▇▇▇▇ promptly thereafter or any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as part a result of the next actions of Landlord’s Statement , its agents, contractors or employees or the inactions of Landlord if Landlord is required to reflect the actual cost act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of providing utilities to the Premises. To , or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy all of the Building or Project (as applicablePremises are affected) to equal Landlord’s reasonable estimate of what such utility usage would have been had shall thereafter be abated until the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearPremises are again useable by Tenant; provided, however, that if Landlord shall not recover more than one hundred percent (100%) of is diligently pursuing the cost repair of such utilities. Tenant utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air- conditioning equipment, then there shall not be liable for an abatement of Basic Rent or Operating Expenses. Any disputes concerning the cost foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of utilities supplied to this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises attributable to Premises, which shall be governed by the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession provisions of Article XI of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionLease. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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 thereonthereon commencing on the Term Commencement Date. If any such utility is not separately metered or sub-metered to Tenant, Tenant shall pay Tenant’s Pro Rata Share, or if applicable, Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement (or more frequently if determined by Landlord) to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilitiesutilities not separately sub-metered, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsacts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures to grant consent or delays in granting consent by any Lender whose consent is required under any applicable Loan Document; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence. In the event of such failure, Tenant shall not be entitled to termination of this Lease or, except as set forth in this Section, any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at the applicable time based on historic meteorological records. Notwithstanding anything to the contrary in this Lease, if, for more than five (5) consecutive business days following written notice to Landlord and as a direct result of Landlord’s gross negligence or willful misconduct (and except to the extent that such failure is caused by any other factor, including any action or inaction of a Tenant Party (as defined below)), the provision of HVAC or other utilities to all or a material portion of the Premises that Landlord must provide pursuant to this Lease is interrupted (a “Material Services Failure”), then Tenant’s Base Rent and Operating Expenses (or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Operating Expenses) shall thereafter be abated until the Premises are again usable by Tenant for the Permitted Use; provided, however, that, if Landlord is diligently pursuing the restoration of such HVAC and other utilities and Landlord provides substitute HVAC and other utilities reasonably suitable for Tenant’s continued use and occupancy of the Premises for the Permitted Use (e.g., supplying potable water or portable air conditioning equipment), then neither Base Rent nor Operating Expenses shall be abated. During any Material Services Failure, Tenant will cooperate with Landlord to arrange for the provision of any interrupted utility services on an interim basis via temporary measures until final corrective measures can be accomplished, and Tenant will permit Landlord the necessary access to the Premises to remedy such Material Service Failure. In the event of any interruption of HVAC or other utilities that Landlord must provide pursuant to this Lease, regardless of the cause, Landlord shall diligently pursue the restoration of such HVAC and other utilities. Notwithstanding anything in this Lease to the contrary, but subject to Article 24 (which shall govern in the event of a casualty), the provisions of this Section shall be Tenant’s sole recourse and remedy in the event of an interruption of HVAC or other utilities to the Premises, including related to Section 16.8.

Utilities and Services. 16.1. Tenant (a) Landlord shall pay for all water (including the cost furnish, or cause to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied be furnished to the Premises, together the services described in Exhibit C attached hereto, subject to the conditions and in accordance with any feesthe standards set forth therein and in this Lease. Commencing on the delivery of the Premises to Tenant and continuing throughout the Lease Term, surcharges and taxes thereon. If any such Tenant shall provide in the Premises by contracting directly with utility is not providers, at its expense (with payments to be made by Tenant directly to Tenant’s electricity provider), electricity, which electrical consumption shall be separately metered by Landlord. Additionally, Tenant shall be solely and separately responsible for the cost of gas, water, sewer, telephone, cable television and any other utilities consumed by Tenant in the Premises, which usage shall be separately metered. (b) Tenant agrees to Tenantcooperate fully at all times with Landlord and to comply with all reasonable regulations and requirements which Landlord may from time to time prescribe for the use of the utilities and services described herein and in Exhibit C. Landlord shall not be liable to Tenant for the failure of any other tenant, or its assignees, subtenants, employees, or their respective invitees, licensees, agents or other representatives to comply with such regulations and requirements. (c) If Tenant requires services in quantities greater than or at times other than that generally furnished by Landlord pursuant to Exhibit C, Tenant shall pay Tenant’s Adjusted Share to Landlord, upon receipt of all charges of such utility jointly metered with other premises as Additional Rent ora written statement and supporting documentation and/or billing, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasingsuch excess consumption. Landlord’s charge for such use. In the event that Tenant shall require additional electric current, installing water or gas for use in the Premises and monitoring if, in Landlord’s judgment, such excess requirements cannot be furnished unless additional risers, conduits, feeders, switchboards and/or appurtenances are installed in the Building, subject to the conditions stated below, Landlord may proceed to install the same at the sole cost of Tenant, payable within thirty (30) days following billing by Landlord. The installation of such facilities shall be conditioned upon Landlord’s consent, and a determination that the installation and use thereof (i) shall be permitted by applicable Law and insurance regulations, (ii) shall not cause permanent damage or injury to the Building or adversely affect the value of the Building or the Project, and (iii) shall not cause or create a dangerous or hazardous condition or interfere with or disturb other tenants in the Building. Subject to the foregoing, Landlord shall, upon reasonable prior notice by Tenant, furnish to the Premises additional elevator, heating, air conditioning and/or cleaning services upon such reasonable terms and conditions as shall be determined by Landlord, including payment of Landlord’s charge therefor. In the case of any additional utilities or services to be provided hereunder, Landlord may require additional switch and metering equipmentsystems to be installed so as to measure the amount of such additional utilities or services. The cost of installation, which cost maintenance and repair thereof shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next within thirty (30) days following billing by Landlord’s Statement to reflect the actual cost of providing utilities . (d) Subject to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share remaining terms of any utilitiesthis Paragraph 7(d), then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable for, nor and Tenant shall not be entitled to, any eviction damages, abatement or reduction of Tenant result fromRent, the or other liability by reason of any failure to furnish any utility services or serviceutilities described herein or in Exhibit C for any reason (other than Landlord’s gross negligence or willful misconduct), whether or not such failure is including, without limitation, when caused by accidents; accident, breakage; casualties (, water leakage, flooding, repairs, Alterations or other improvements to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); Project, strikes, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability to obtain electricity, water or fuel, or any other cause beyond Landlord’s control. Tenant shall be required to cooperate with the energy conservation efforts of governmental agencies or utility suppliers or those implemented by Landlord. No such failure, stoppage or interruption of any such utility or service shall be construed as an eviction of Tenant, nor shall the same relieve Tenant from any obligation to perform any covenant or agreement under this Lease. In the event of any failure, stoppage or interruption thereof, Landlord shall use reasonable efforts to attempt to restore all services promptly. No representation is made by Landlord with respect to the adequacy or fitness of the Building’s ventilating, air conditioning or other systems to maintain temperatures as may be required for the operation of any computer, data processing or other special equipment of Tenant. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to an interruption, failure or inability to provide any services. Notwithstanding anything in this Paragraph 7 to the contrary, if an interruption or cessation of a utility service to the Premises is caused by Landlord’s negligence or willful misconduct and results in the Premises being unusable by Tenant for the conduct of Tenant’s business, then Basic Annual Rent shall be abated commencing on that date which is five (other than labor disturbances 5) consecutive business days following the date Tenant delivers written notice to Landlord of such interruption and labor disputes resulting solely continuing until either such utility service to the Premises is restored or the Premises is again usable for the conduct of Tenant’s business. If, however, Tenant reoccupies any portion of the Premises during such abatement period, the Basic Annual Rent allocable to such reoccupied portion, based on the proportion that the Rentable Area of such reoccupied portion of the Premises bears to the total Rentable Area of the Premises, shall be payable by Tenant from the actsdate Tenant reoccupies such portion of the Premises. Such right to ▇▇▇▇▇ Basic Annual Rent shall be Tenant’s sole and exclusive remedy at law or in equity in the event of an interruption or cessation of a utility service to the Premises. (e) Landlord reserves the right from time to time to make reasonable and nondiscriminatory modifications to the above standards (including, without limitation, those described in Exhibit C) for utilities and services. (f) Tenant shall not use the Premises in any manner that will cause the Building or any part thereof not to conform with Landlord’s operations and maintenance practices for the Building, whether incorporated into the Rules and Regulations, separate written sustainability policies or otherwise implemented by Landlord, as they may be revised from time to time, addressing energy efficiency; water efficiency; recycling, composting, and waste management; indoor air quality; chemical use; and other best practices adopted by Landlord in connection with the certification of the Building issued pursuant to the applicable Green Building Standard, as hereinafter defined (the “Landlord’s Sustainability Practices”). All Alterations, additions or improvements to the Premises, to the extent permitted in this Lease, shall be in accordance with Rules and Regulations in effect with respect thereto and the requirements of Landlord’s Sustainability Practices, including the applicable Green Building Standard concerning the environmental compliance of the Building, as the same may change from time to time, and with plans and specifications meeting the requirements set forth in the Rules and Regulations and approved in advance by Landlord. Tenant acknowledges that the Building is or may be in the future be certified or rated pursuant to the U.S. EPA’s Energy Star ® Portfolio Manager, the Green Building Initiative’s Green Globes™ building rating system, the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED®) building rating system, the ASHRAE Building Energy Quotient (BEQ), or operated to meet another standard for high performance buildings adopted by Landlord (collectively, the “Green Building Standard”). In addition, as contemplated by Nonresidential Building Energy Use Disclosure Program (AB 1103) Landlord may collect and maintain records regarding energy and utilities usage at the Project. As and when requested by Landlord during the Term, to the extent reasonably available to Tenant, Tenant shall provide Landlord (in the format requested by Landlord and reasonably necessary or desirable to comply with the requirements of the applicable Green Building Standard or any commissioning or retro-commissioning of the Building’s systems or the Nonresidential Building Energy Use Disclosure Program) with data concerning Tenant’s energy consumption, water consumption, and the operation of the Building’s systems. Such data may include, without limitation, Tenant’s operating hours, the number of on-site personnel, the types of equipment used at the Building (including computer equipment, if applicable), office supply purchases, light bulb purchases, cleaning product materials (both chemicals and paper products), as applicable, and energy use and cost. Landlord may post such information to its account with the EPA’s ENERGY STAR® program Portfolio Manager and disclose such information to the California Energy Commission, lenders, its constituents, consultants and advisors and prospective purchasers, investors and lenders. Landlord shall have no liability to Tenant if, once obtained, any such Green Building Standard rating or certification lapses and is not reinstated by Landlord. In addition, Landlord shall not be required to treat the information collected by Landlord pursuant to this paragraph as confidential and shall have no liability to Tenant on account of the disclosure of such information. Tenant shall continually during the Term maintain the Premises in accordance with all present and future laws, Landlord’s Sustainability Practices and the standards recommended by the Board of Fire Underwriters applicable to any work, installation, occupancy, use or manner of use by Tenant of the Premises or any part thereof, and shall, at Tenant’s expense, obtain all permits, licenses and the like required by applicable law.

Utilities and Services. 16.1. 16.1 Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized deionized and other treated water)water facilities serving only the Demised Premises, gas, heat, light, power, telephone, internet service, cable television, other telecommunications telephone and other utilities supplied to the Demised Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share a reasonable proportion to be determined by Landlord of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s 's Pro Rata Share of any utilities, then Tenant shall pay Operating Expenses. 16.2 Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable for, nor shall any eviction of Tenant result from, from the failure to furnish any such utility or service, service whether or not such failure is caused by accidents; accident, breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); , repairs, strikes, lockouts or other labor disturbances or labor disputes (of any character, governmental regulation, moratorium or other than labor disturbances and labor disputes resulting solely governmental action, inability despite the exercise of reasonable diligence or by any other cause, including the negligence of Landlord. In the event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, nor be relieved from the actsoperation of any covenant or agreement of this Lease. In the event that Landlord fails to make a repair that Landlord is obligated to make pursuant to the terms of this Lease and as a result Tenant is substantially interfered with or interrupted in conducting its business in the Demised Premises, Tenant, at its sole cost and expense (unless such repair was an obligation of Landlord pursuant to Section 18.1 that was not includable as an Operating Expense, or unless such repair was a capital expenditure in excess of $75,000.00 that would have been amortized as an Operating Expense pursuant to Section 7.1(b), in either of which events Landlord shall reimburse Tenant in an amount equal to the reasonable costs paid by Tenant to make such repair promptly following a request by Tenant for reimbursement accompanied by copies of all invoices paid by Tenant), shall have the right to make such repair. In the event that Tenant makes any such repair Tenant shall give Landlord prompt notice of

Utilities and Services. 16.1. Tenant shall pay for all water (including As of the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to TenantCommencement Date, Tenant shall pay cause all of the Utility Expenses (hereinafter defined) for the Premises to be placed in Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant name with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by invoices sent directly to Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to at the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the payment of all Utility Expenses. Tenant shall pay directly to the appropriate utility company or similar entity the cost of all water, sewer use, sewer discharge fees and sewer connection fees, gas, heat, electricity, refuse pickup, janitorial service, telephone, telecommunications and other utilities supplied (collectively, the “Utility Expenses”) billed or metered separately to the Premises from such earlier date and/or Tenant during the Term of possession. 16.2the Lease. Landlord Tenant shall not be liable for, nor shall also pay any eviction of Tenant result from, the failure to furnish any and all assessments or charges for utility or servicesimilar purposes included within any tax b▇▇▇ for the Lot on which the Building is situated, whether including without limitation, entitlement fees, allocation unit fees and/or any similar fees or not charges. At least quarterly and at such failure is caused by accidents; breakage; casualties (shorter intervals of time upon Landlord’s request, Tenant shall promptly deliver to Landlord written evidence of Tenant’s payment of the Utility Expenses. Tenant acknowledges that the Premises may become subject to the extent not caused rationing of utility services or restrictions on utility use as required by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikesa public utility company, lockouts governmental agency or other labor disturbances similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing restrictions as may be imposed upon Landlord, Tenant, or labor disputes (other than labor disturbances the Premises, and labor disputes resulting solely Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant further agrees to timely and faithfully pay, prior to delinquency, any amount, tax, charge, surcharge, assessment or imposition levied, assessed or imposed upon the actsPremises, or Tenant’s use and occupancy thereof by a public utility company, governmental agency, taxing authority or similar entity having jurisdiction thereof.

Utilities and Services. 16.1From and after Substantial Completion of Landlord's Work, Tenant agrees to pay all charges for utilities and services used by it in the Premises, including, but not limited to, gas, electricity, telephone, sanitary sewer, storm drainage, water, and trash collection. Landlord shall supply hot water for heat as described in the Work Letter to such distribution facilities designated in the Design Development Plans (as defined in the Work Letter). Tenant shall pay for maintain in good working order and make all necessary 37 repairs and replacements to such distribution facilities to the extent the same are located within or exclusively service the Premises, at Tenant's own cost and expense. Such hot water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities shall be supplied to the Premises, together with any fees, surcharges Premises at such times and taxes thereonperiods as Tenant shall reasonably require for conducting its business at the Premises in the manner contemplated by this Lease and the Work Letter (not to exceed eighteen (18) hours per day). If any Landlord shall supply (or cause to be supplied) condenser water to the Premises as described in the Work Letter at such utility is hours (not separately metered to Tenantexceed eighteen (18) hours per day) as Tenant may designate. Within thirty (30) days following demand therefor, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent orto Landlord, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next , Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, 's then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord established charges which shall not recover more than exceed one hundred percent (100%) of Landlord's out-of-pocket costs for the cost quantities of such utilitieshot water and condenser water (except as otherwise specifically provided in the Work Letter) as Tenant may consume, as shown on the meter(s) installed by Landlord (but maintained by Tenant). Tenant Subject to Landlord's obligation to make utility easements and rights of way available pursuant to the provisions of Section 15.2 hereof and to bring utility lines to the Premises pursuant to Section 1.1 hereof, Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the cost Premises, unless such failure shall be due to the negligence or willful misconduct of utilities supplied Landlord, its agents, licensees or employees and is not covered by rent abatement and business interruption insurance carried or required to be carried by Tenant. Subject to Landlord's obligation to make utility easements and rights of way available pursuant to the provisions of Section 15.2 hereof and to bring utility lines to the Premises attributable pursuant to Section 1.1 hereof, Landlord does not warrant that any of the time period prior utilities and services mentioned herein will be free from interruptions caused by repair, renewals, improvements, alterations, strikes, lockouts, accidents, inability of Landlord to obtain fuel or supplies, or any other cause or causes beyond the Term Commencement Date; provided, however, that, if Landlord reasonable control of Landlord. Any such interruption of service shall permit Tenant never be deemed an eviction or disturbance of Tenant's use and possession of the Premises prior Premises, or any part thereof, or give Tenant any right to terminate this Lease. Tenant agrees that it will not install any equipment which will exceed or overload the Term Commencement Date capacity of any utility facilities, and Tenant uses the Premises for that if any purpose other than as expressly permitted in Section 4.3, then equipment installed by Tenant shall be responsible for require additional utility facilities in excess of those specified in the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable for, nor shall any eviction of Tenant result fromWork Letter, the failure same shall be installed at Tenant's expense in accordance with plans and specifications to furnish any utility or service, whether or not such failure is caused be approved in writing by accidents; breakage; casualties (to Landlord in accordance with the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsstandards set forth in Article 14 hereof.

Utilities and Services. 16.1Landlord and Tenant shall be responsible to furnish those utilities and services to the Premises to the extent provided in Exhibit C, subject to the conditions and payment obligations and standards set forth in this Lease. Landlord shall not be liable for any failure to furnish any services or utilities when the failure is the result of any accident or other cause beyond Landlord’s reasonable control, nor shall Landlord be liable for damages resulting from power surges or any breakdown in telecommunications facilities or services. Landlord’s temporary inability to furnish any services or utilities shall not entitle Tenant to any damages, relieve Tenant of the obligation to pay rent or constitute a constructive or other eviction of Tenant, except that Landlord shall diligently attempt to restore the service or utility promptly. Tenant shall pay comply with all rules and regulations which Landlord may reasonably establish for the provision of services and utilities, and shall cooperate with all water (including reasonable conservation practices established by Landlord. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Landlord shall not charge Tenant for Tenant’s use of any existing conduit space in the cost Building nor for any conduit space installed by Tenant in the Building in order to service, repair and replace reverse osmosis, de-ionized connect Tenant’s voice/data and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to utility cabling in the Premises, together with any fees, surcharges and taxes thereonBuilding. If any such utility is not separately metered to Landlord shall provide Tenant, Tenant shall pay and Tenant’s Adjusted Share contractor, with access to all existing telecommunications copper and fiber facilities in the Building. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its employees, contractors or authorized agents, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all charges or a portion of the Premises or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s Basic Rent (or an equitable portion of such utility jointly metered with other premises as Additional Basic Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy all of the Building or Project (as applicablePremises are affected) to equal Landlord’s reasonable estimate of what such utility usage would have been had shall thereafter be abated until the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearPremises are again usable by Tenant; provided, however, that if Landlord shall not recover more than one hundred percent (100%) of is diligently pursuing the cost repair of such utilities. Tenant utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be liable for an abatement of Basic Rent. The foregoing provisions shall be Tenant’s sole recourse and remedy in the cost event of utilities supplied such an interruption of services, and shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises (which shall be governed by the provisions of Article 11 of the Lease). Any disputes concerning the foregoing provisions shall be submitted to and resolved by shall be decided by the JAMS/ENDISPUTE (“JAMS”), or its successor, with such arbitration to be held in Santa ▇▇▇▇▇ County, California, unless the parties mutually agree otherwise. Within ten (10) business days following submission to JAMS, JAMS shall designate three arbitrators and each party may, within five (5) business days thereafter, veto one of the three persons so designated. If two different designated arbitrators have been vetoed, the third arbitrator shall hear and decide the matter. If less than two (2) arbitrators are timely vetoed, JAMS shall select a single arbitrator from the non-vetoed arbitrators originally designated by JAMS, who shall hear and decide the matter. Any arbitration pursuant to this section shall be decided within thirty (30) days of submission to JAMS. The decision of the arbitrator shall be final and binding on the parties. All costs associated with the arbitration shall be awarded to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than prevailing party as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidents; breakage; casualties (to the extent not caused determined by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsarbitrator.

Utilities and Services. 16.1. Tenant shall obtain in its own name and pay for all water (including directly to the appropriate supplier the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility utilities and services serving the Leased Premises. However, if any services or utilities are jointly metered with other premises as Additional Rent or, in the alternativeproperty, Landlord may, at its option, monitor the usage shall make a reasonable determination of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) 's proportionate share of the cost of such utilities. utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services provided to Tenant) and Tenant shall not be liable for the cost pay such share to Landlord within fifteen (15) days after receipt of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2Landlord's written statement. Landlord shall not be liable for, nor shall in damages or otherwise for any eviction failure or interruption of Tenant result from, the failure to furnish any utility or other building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. In the event of utility "deregulation", Landlord may choose the service provider. Notwithstanding anything in this Lease to the contrary, Landlord shall use commercially reasonable efforts to promptly restore utility service and in the event restoration of service is within Landlord's control and Landlord negligently fails to restore such service within a reasonable time, thereby causing the Leased Premises to be rendered untenantable (meaning that Tenant is unable to use such space in the normal course of its business) by Tenant for the use permitted under this Lease for more than ten (10) consecutive days after notice from Tenant to Landlord that such service has been interrupted and a reasonable opportunity for Landlord to restore such service, whether or not Minimum Annual Rent and Annual Rental Adjustment shall abat▇ ▇▇ a per diem basis for each day after such failure is caused by accidents; breakage; casualties ten (to 10) day period during which the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsLeased Premises remain untenantable.

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet telecommunications service, cable televisionrefuse pickup, janitorial service, interior landscape maintenance and all other telecommunications utilities, materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If any such utility is utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s Adjusted Share of all charges proportionate share of such utility jointly metered with other premises as Additional Rent or, costs in the alternativemanner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, Landlord maywithin ten (10) days after receipt of Landlord’s statement or invoice therefor, at its optionLandlord’s “standard charges” (as hereinafter defined, monitor which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. “After hours” shall mean more than three hundred sixty (360) hours of usage of such utilities by Tenant each HVAC unit servicing the Premises during any month during the Term, and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rentdetermined based upon the operation of the applicable HVAC unit during each month on a “non-cumulative” basis (without regard to Tenant’s usage or nonusage of said unit during other months during the Term). Landlord may base its bills shall not be liable for utilities on reasonable estimates; provided that Landlord adjusts damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and no such ▇▇▇failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ promptly thereafter or as part any rent due hereunder. As used herein, “standard charges” shall mean the following charges for each hour of “after hours” use (in addition to the applicable electricity charges paid to the utility provider) of the next following described HVAC units: (i) $5.00 per hour for 1-5 ton HVAC units, (ii) $7.50 per hour for 6-30 ton HVAC units and (iii) $10.00 per hour for HVAC units of greater than 30 tons. Landlord shall at all reasonable times have free access to the Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord’s Statement . Tenant acknowledges that the costs incurred by Landlord related to reflect the actual cost of providing above-standard utilities to Tenant, including, without limitation, telephone lines, may be charged to Tenant. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises. To , or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant’s obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy all of the Building or Project (as applicablePremises are affected) to equal Landlord’s reasonable estimate of what such utility usage would have been had shall thereafter be abated until the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearPremises are again usable by Tenant; provided, however, that if Landlord shall not recover more than one hundred percent (100%) of is diligently pursuing the cost repair of such utilities. Tenant utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be liable for an abatement of Basic Rent or Operating Expenses. Any disputes concerning the cost foregoing shall be resolved by JAMS arbitration pursuant to Article III of utilities supplied to the Work Letter. The foregoing provisions shall be Tenant’s sole recourse and remedy in the event of such an interruption of services, and shall not apply in case of the actions of parties other than Landlord, its employees, contractors or authorized agents, or in the case of damage to, or destruction of, the Premises attributable to (which shall be governed by the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession provisions of Article XI of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionLease). 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts

Utilities and Services. 16.1. Tenant shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet refuse pickup, janitorial service, cable televisioninterior landscape maintenance and all other utilities, other telecommunications materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If any such utility is utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs, in which event Tenant shall pay Tenant’s Adjusted Share of all charges 's proportionate share of such utility jointly metered with other premises as Additional Rent or, costs in the alternativemanner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, Landlord may, at its option, monitor the usage of and no such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost failure or interruption shall be paid by deemed an eviction or entitle Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇to terminate this Lease or withhold or ▇▇▇▇▇ promptly thereafter or any rent due hereunder. Landlord shall, at all reasonable times, have free access to all electrical and mechanical installations of Landlord; provided that Landlord shall interfere as part little as reasonably practicable with the conduct of the next Landlord’s Statement to reflect the actual cost of providing utilities to Tenant's business in the Premises. To Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's Basic Rent (or an equitable portion of such Basic Rent to the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy all of the Building or Project (as applicablePremises are affected) to equal Landlord’s reasonable estimate of what such utility usage would have been had shall thereafter be abated until the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearPremises are again usable by Tenant; provided, however, that if Landlord shall not recover more than one hundred percent (100%) of is diligently pursuing the cost repair of such utilities. Tenant utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air conditioning equipment, then there shall not be liable for an abatement of Basic Rent. Any disputes concerning the cost foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of utilities supplied to this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises attributable to Premises, which shall be governed by the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession provisions of Article XI of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionLease. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet refuse pickup, janitorial service, cable televisioninterior landscape maintenance and all other utilities, other telecommunications materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If any such utility is utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Building Costs in which event Tenant shall pay Tenant’s Adjusted Share of all charges 's proportionate share of such utility jointly metered with other premises as Additional Rent or, costs in the alternativemanner set forth in Section 4.2. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, Landlord may, at its option, monitor the usage of and no such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost failure or interruption shall be paid by deemed an eviction or entitle Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇to terminate this Lease or withhold or ▇▇▇▇▇ promptly thereafter or any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as part a result of the next actions of Landlord’s Statement , its agents, contractors or employees or the inactions of Landlord if Landlord is required to reflect the actual cost act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of providing utilities to the Premises. To , or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy all of the Building or Project (as applicablePremises are affected) to equal Landlord’s reasonable estimate of what such utility usage would have been had shall thereafter be abated until the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearPremises are again useable by Tenant; provided, however, that if Landlord shall not recover more than one hundred percent (100%) of is diligently pursuing the cost repair of such utilities. Tenant utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be liable for abatement of Basic Rent or Operating Expenses. Any disputes concerning the cost foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of utilities supplied to this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises attributable to Premises, which shall be governed by the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession provisions of Article XI of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionLease. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts

Utilities and Services. 16.1. 16.1 Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, powerelectricity, telephone, internet servicecable, cable television, other telecommunications and other utilities supplied which may be furnished to the PremisesPremises during the term of this Lease, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted 's Pro Rata Share of all charges the costs thereof as an Operating Expense unless Landlord has installed separate meters or measuring devices for the determination of Tenant's actual use of such utility jointly service. Utilities and services provided to the Premises which are separately metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities directly to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share supplier of any utilitiessuch utility or service, then and Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities and services prior to reflect such excessdelinquency during the term of this Lease. In the event that one tenant of the Building or Project is less than fully occupied during using a calendar yeardisproportionate amount of any utility that is not separately metered, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy shall allocate an equitable portion of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility cost directly to such tenant. The primary measurement for metering usage would have been had will be based upon the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) cubic feet per minute of the cost of such utilities. Tenant shall not be liable for the cost of utilities air supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionpremises. 16.2. 16.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the any failure to furnish of any such utility or service, whether or not and in the event of such failure Tenant shall not be entitled to any abatement or reduction of Rent, nor be relieved from the operation of any covenant or agreement of this Lease, and Tenant waives any right to terminate this Lease on account thereof. Notwithstanding the foregoing: (i) in the event that Landlord is unable to supply any of the Building's sanitary, electrical, heating, air conditioning, water, elevator, life safety or other essential systems serving the Premises (collectively, the "ESSENTIAL SERVICES") from a cause within Landlord's reasonable control, and such inability of Landlord materially impairs Tenant's ability to carry on its business in the Premises for a period of ten (10) consecutive calendar days, Basic Annual Rent and Additional Rent shall be abated commencing with the eleventh (11th ) day of such material interference with Tenant's business, based upon the extent to which such inability to supply Essential Services materially impairs Tenant's ability to carry on its business in the Premises. Such abatement shall continue until the Essential Services have been restored to such extent that the lack of any remaining services no longer materially impairs Tenant's ability to carry on its business in the Premises. Tenant shall not be entitled to such an abatement to the extent that Landlord's inability to supply Essential Services to Tenant is caused by Tenant or its employees, contractors, agents, licensees or invitees; and (ii) in the event that Landlord is unable to supply any Essential Services by reason of acts of God, accidents; , breakage; casualties , repairs, strikes, lockouts, labor disputes, inability to obtain utilities or materials or by any other reason beyond Landlord's reasonable control, and (i) such inability of Landlord prevents Tenant from carrying on its business in the Premises for a period of thirty (30) consecutive calendar days or (ii) such inability of Landlord materially impairs Tenant's ability to carry on its business in the Premises for a period of sixty (60) consecutive calendar days, then Basic Annual Rent and Additional Rent shall be abated commencing with the day after such thirty (30) or sixty (60) day period, as the case may be, based upon the extent to which such inability to supply Essential Services materially impairs Tenant's ability to carry on its business in the Premises. Such abatement shall continue until the Essential Services have been restored to the extent that the lack of any remaining services no longer materially impairs Tenant's ability to carry on its business in the Premises. Tenant shall not be entitled to such an abatement to the extent that Landlord's inability to supply Essential Services to Tenant is caused by Tenant or its employees, contractors, agents, licensees or invitees; and (iii) in the party claiming Force Majeure)event of any stoppage or interruption of Essential Services to the Premises, Landlord shall use commercially reasonable efforts to restore Essential Services to the Premises as soon as possible; Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions provided, that are not Severe Weather Conditions); strikesTenant shall have the right, lockouts or other labor disturbances or labor disputes at its option, to terminate this Lease by written notice to Landlord if such failure to provide Essential Services by Landlord continues for any reason (other than labor disturbances the actions of Tenant or its employees, contractors, agents, licensees or invitees) for more than one hundred eighty (180) consecutive calendar days and labor disputes resulting solely from such failure materially impairs Tenant's ability to carry on its business in the actsPremises. 16.3 Tenant shall provide and pay for janitors, maintenance personnel, and other persons who perform duties connected with the operation and maintenance of the interior of the Premises.

Utilities and Services. 16.1. 16.1 Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, powerelectricity, telephone, internet service, cable television, other telecommunications and other utilities supplied which may be furnished to the PremisesPremises during the term of this Lease, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Pro Rata Share of all charges the costs thereof as an Operating Expense unless Landlord has installed separate meters or measuring devices for the determination of Tenant’s actual use of such utility jointly metered with other premises service. In such case, Tenant shall pay as Additional Rent or, in an Operating Expense the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the actual cost of purchasing, installing that portion of the utility or service actually used by Tenant. Utilities and monitoring such metering equipment, services provided to the Premises which cost are separately metered shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities directly to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share supplier of any utilitiessuch utility or service, then and Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period and services prior to delinquency during the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession term of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionthis Lease. 16.2. 16.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the any failure to furnish of any such utility or service, whether or not and in the event of such failure Tenant shall not be entitled to any abatement or reduction of Rent, nor be relieved from the operation of any covenant or agreement of this Lease, and Tenant waives any right to terminate this Lease on account thereof. Notwithstanding the foregoing: (i) in the event that Landlord is unable to supply any of the Building’s sanitary, electrical, heating, air conditioning, water, elevator, life safety or other essential systems serving the Premises (collectively, the “Essential Services”) from a cause within Landlord’s reasonable control, and such inability of Landlord materially impairs Tenant’s ability to carry on its business in the Premises for a period of fifteen (15) consecutive calendar days, Basic Annual Rent and Additional Rent shall be abated commencing with the sixteenth (16th) day of such material interference with Tenant’s business,. Such abatement shall continue until the Essential Services have been restored to such extent that the lack of any remaining services no longer materially impairs Tenant’s ability to carry on its business in the Premises. Tenant shall not be entitled to such an abatement to the extent that Landlord’s inability to supply Essential Services to Tenant is caused by accidentsTenant or its employees, contractors, agents, licensees or invitees; breakage; casualties and (ii) in the event of any stoppage or interruption of Essential Services to the extent not caused by Premises, Landlord shall use commercially reasonable efforts to restore Essential Services to the party claiming Force Majeure); Severe Weather Conditions (Premises as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikessoon as possible. Landlord shall promptly notify Tenant of any planned or actual interruption of Essential Services, lockouts and shall keep Tenant advised of the status of such restoration efforts. 16.3 Except as expressly provided in this Lease Landlord shall have no obligation to provide or pay for janitors, maintenance personnel, and other labor disturbances or labor disputes (other than labor disturbances persons who perform duties connected with the operation and labor disputes resulting solely from maintenance of the actsinterior of the Premises.

Utilities and Services. 16.1. Tenant shall make all arrangements for and pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share a reasonable proportion (to be determined by Landlord) of all charges of such utility jointly metered with other premises in the Project as Additional Rent part of Tenant’s Pro Rata Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills Tenant shall contract directly with the relevant providers for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to gas, water for the Premises, telephone, internet service, cable television and other telecommunications. To Throughout the extent that Tenant uses more than duration of Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building Premises, Tenant shall keep the Premises’ gas and water meters and installation equipment in good working order and repair at Tenant’s sole cost and expense. If Tenant fails to so maintain such meters and equipment, Landlord may repair or Project (as applicable) replace the same and shall collect the costs therefor from Tenant. Tenant agrees to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Projectpay for water and gas consumed, as applicableshown on said meter, been ninety-five percent (95%) occupied during and for the other utilities for which Tenant directly contracts with the applicable suppliers, as and when bills are rendered. If Tenant fails to timely make such calendar year; providedpayments, howeverLandlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, that or payments made by Landlord shall not recover more than one hundred percent (100%) for any of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; providedreasons or purposes hereinabove stated, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied deemed to the Premises from such earlier date of possessionbe Additional Rent payment by Tenant and collectible by Landlord as such. 16.2. 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 accidentsby: (a) accident; breakage; casualties repair; strike, lockout or other labor disturbance or labor dispute of any character; act of terrorism; shortage of materials, which shortage is not unique to Landlord or Tenant, as the case may be; governmental regulation, moratorium or other governmental action, inaction or delay; or other causes beyond Landlord’s control (collectively, “Force Majeure”); or (b) Landlord’s negligence. In the event of such failure, 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. 16.3. Tenant shall pay for, prior to delinquency of payment therefor, any utilities and services that may be furnished to the extent not caused Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term. 16.4. Tenant shall not, without Landlord’s prior written consent, use any device in the Premises (including data processing machines) that will in any way increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond the existing capacity of the Building, as usually furnished or supplied for the use set forth in Section 2.7. 16.5. Utilities and services provided to the Premises that are separately metered shall be paid by Tenant directly to the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions supplier of such utility or service. The cost of any utilities that are not Severe Weather Conditionsseparately metered shall be paid as Operating Expenses. 16.6. Landlord shall provide water to the Common Areas. 16.7. Tenant shall, at Tenant’s sole cost and expense, procure and maintain contracts, with copies furnished promptly to Landlord after execution thereof, in customary form and substance for, and with contractors specializing and experienced in, the maintenance of the following equipment and improvements, if any, if and when installed on the Premises (a) HVAC equipment, (b) boilers and pressure vessels, (c) fire extinguishing systems, including fire alarm and smoke detection devices, (d) elevators, (e) roof coverings and drains, (f) clarifiers, (g) basic utility feeds to the perimeter of the Premises, and (h) any other equipment reasonably required by Landlord. Notwithstanding the foregoing, Landlord reserves the right, upon notice to Tenant, to procure and maintain any or all of such service contracts, and if Landlord so elects, Tenant shall reimburse Landlord, upon demand, for the costs thereof. 16.8. For the utilities serving the Premises for which Tenant is billed directly by such utility provider, Tenant agrees to furnish to Landlord upon Landlord’s written request (a) any invoices or statements for such utilities within thirty (30) days after Tenant’s receipt thereof, (b) within thirty (30) days after Landlord’s request, any other utility usage information reasonably requested by Landlord, and (c) within thirty (30) days after each calendar year during the Term, an ENERGY STAR® Statement of Performance (or similar comprehensive utility usage report (e.g., related to Labs 21); strikes, lockouts or if requested by Landlord) and any other labor disturbances or labor disputes (other than labor disturbances information reasonably requested by Landlord for the immediately preceding year. Tenant shall retain records of utility usage at the Premises, including invoices and labor disputes resulting solely statements from the actsutility provider, for at least sixty (60) months, or such other period of time as may be requested by Landlord. Tenant acknowledges that any utility information for the Premises and the Project may be shared with third parties, including Landlord’s consultants and Governmental Authorities. In the event that Tenant fails to comply with this Section, Tenant hereby authorizes Landlord to collect utility usage information directly from the applicable utility providers and charge Tenant a fee of Two Hundred Fifty Dollars ($250) per month until Tenant has provided such utility usage information.

Utilities and Services. 16.1a) Landlord shall furnish the Premises with electricity, heating and air conditioning for the normal use and occupancy of the Premises as general offices between 8:00 a.m. and 6:00 p.m., Monday through Friday, 9:00 a.m. to 1:00 p.m. on Saturdays ("Business Hours"), of each week during the Term (Building Holidays excepted) all in a manner consistent with the operation of a first class suburban office building. Tenant agrees to pay monthly as Additional Rent all charges for electricity, light, heat or other utility (other than water and sewer) used by Tenant at the Premises. Tenant's consumption of electricity within the Premises shall be submetered. With respect to any other utilities, if a separate meter is installed, Tenant shall pay for the consumption of such utilities based upon its metered usage. If no meter is installed, Tenant shall pay its pro rata share of any utility charges covering the Premises and the other portions of the Building as equitably allocated among such areas. If not directly metered or submetered to Tenant, any air conditioning or heat required by Tenant at times other than during Business Hours shall be billed to Tenant pro rata in accordance with Landlord's then-current schedule of costs and assessments therefor (currently Forty Dollars ($40.00) per hour per floor of the Building), and paid by Tenant within thirty (30) days following the date of an invoice therefor. In addition, Tenant agrees to pay monthly as Additional Rent its pro rata share of all charges for electricity, light, or other utility (other than water and sewer) used generally at the Building (i.e. not within separately demised premises of the Building) or allocated to the Building in accordance with the Declaration. Tenant shall pay all bills for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges utility usage within thirty (30) and any non-payment or late payment of such utility jointly metered with other premises bills shall be deemed a default under the terms of this Lease. Landlord, at Landlord's sole cost and expense, shall install a meter or submeter to meter Tenant's consumption of electricity within the Premises. All charges for repairs of any meters servicing the Premises shall be payable by Tenant as Additional Rent or, and shall be paid when the same shall become due. Tenant's use of electric energy in the alternativePremises shall not at any time exceed the safe capacity of any of the electric conductors and equipment in or otherwise serving the Premises. If Tenant shall require electricity or install electrical equipment using current in excess of 110 volts or which will in any way increase the amount of electricity furnished by Landlord for general office use (including but not limited to electrical heating or refrigeration equipment or electronic data processing machines) or if Tenant shall attempt to use the Premises in such a manner that the services to be furnished by Landlord are required during periods other than the business hours specified above, Tenant will obtain prior written approval from Landlord mayand will pay, at its optionas Additional Rent, monitor for the usage resulting additional direct expense to Landlord, including the expense resulting from the installation of such utilities by any equipment and meters, promptly upon receipt of an invoice from Landlord. b) Landlord shall replace light bulbs, tubes and ballasts for Building Standard lighting fixtures as set forth in the Minimum Standard Tenant and charge Tenant with Improvements when required in the Premises. The cost of purchasingreplacement light bulbs, installing tubes, lamps, and monitoring ballasts, plus the costs incurred by Landlord for such metering equipmentreplacement, which cost shall be paid by Tenant as Additional RentRent in accordance with Landlord's then-current schedule of costs and assessments therefor. c) Within the Common Facilities of the Building, Landlord shall furnish in a manner consistent with the operation of a first class suburban office building: (i) adequate electricity, (ii) hot and cold water, (iii) lavatory supplies, (iv) automatically operated elevator service (with one (1) elevator on call at all times), (v) normal and customary cleaning services (on a five-day a week basis except for Building Holidays) after Business Hours, (vi) heat and air conditioning (as specified in the Base Building Core and Shell Specifications attached to the Work Letter), and (vii) Common Facilities maintenance. Landlord may base its bills shall provide janitorial service to the Premises in accordance with the Janitorial Specifications attached hereto as Exhibit F, five days per week except for utilities on reasonable estimates; Building Holidays, after Business Hours. The cost of the services provided that by Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or pursuant to this subsection 12(c) shall be included as part of Operating Expenses. Any additional services requested by Tenant which are not provided to all the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy tenants of the Building or Project (shall be paid by Tenant in accordance with invoices therefor as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord Additional Rent but shall not recover more than one hundred percent (100%be included as part of Operating Expenses. d) of the cost of such utilities. Tenant Landlord shall not be liable for any damages to Tenant resulting from the cost quality, quantity, failure, unavailability or disruption of utilities supplied any services beyond the reasonable control of Landlord and the same shall not constitute a termination of this Lease or an actual or constructive eviction or entitle Tenant to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession an abatement of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2rent. Landlord shall not be liable forresponsible for providing any services not specifically provided for in this Lease. Notwithstanding the foregoing, nor shall any eviction in the event that (i) fifty percent (50%) or more of Tenant result fromthe Premises becomes untenantable because Landlord (except due to Tenant's negligence, gross negligence or willful misconduct or other reasons beyond Landlord's reasonable control) fails to provide the failure to furnish any utility services described in Section 11 above or service, whether or not in this Section 12 and (ii) such failure is caused by accidents; breakage; casualties (a "Basic Service Failure") continues for a period of at least two (2) consecutive days following notice of such Basic Service Failure from Tenant to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikesLandlord, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely then from the actsthird (3rd) day until the Basic Service Failure is restored, Tenant shall receive a pro rata abatement of Rent due under this Lease for the Premises (or such portion thereof as shall be rendered untenantable).

Utilities and Services. 16.1. 16.1 To the extent such items are not included in Operating Expenses, Tenant shall pay for all water water, (including the cost to service, repair repair, replace and replace operate any reverse osmosis, de-ionized osmosis and/or deionized water systems and other treated water), ) gas, heat, light, power, telephone, internet janitorial service, cable televisionrefuse collection, other telecommunications hazardous material collection and other utilities and services supplied to the Demised Premises, together with any fees, surcharges and taxes thereon. Tenant shall also pay for the cost to service, repair, relocate, replumb, replace and operate any gas or liquid distribution systems servicing the Demised Premises including any located in the Building but outside the Demised Premises. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share a reasonable proportion based upon its use of such utility to be determined by Landlord of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. . 16.2 Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable for, nor shall any eviction of Tenant result from, from the failure to furnish any such utility or service, service whether or not such failure is caused by accidents; accident, breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); , repairs, strikes, lockouts or other labor disturbances or labor disputes (of any character, governmental regulation, moratorium or other than labor disturbances and labor disputes resulting solely governmental action, inability despite the exercise of reasonable diligence or by any other cause, including the gross negligence of Landlord. In the event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, nor be relieved from the actsoperation of any covenant or agreement of this Lease. 16.3 Tenant shall pay for, prior to delinquency, any utilities which may be furnished and billed to the Demised Premises during the term of this Lease. 16.4 Tenant shall not, without the prior written consent of Landlord, use any device in the Demised Premises, including, but without limitation, data processing machines (excluding personal computers) and non standard laboratory equipment, which will in any way increase the amount of ventilation, air exchange, gas, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Demised Premises based upon Tenant's Pro Rata Share as set forth in Section 1.2.6 above. 16.5 If Tenant shall require services in excess of that usually furnished or supplied for similar space in the Building, by reason of equipment operated and/or extended hours of business operation, then Tenant shall first procure the consent of Landlord for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services and Tenant's payment as Additional Rent of an amount equal to the cost to provide such excess services and utility capacity.

Utilities and Services. 16.1During the hours of 7:00 a.m. to 7:00 p.m. from Monday through Friday and 7:00 a.m. to Noon on Saturday, (a) Landlord shall provide for the Premises water for ordinary office uses, and (b) Landlord shall operate the master heating and air-conditioning system of the Building that supplies heated or chilled water, as appropriate, to the individual heating and air-conditioning unit within the Premises. Landlord shall arrange for the removal of trash placed by Tenant in containers designated by Landlord. Landlord shall pay furnish janitorial services within the Premises on the following schedule: spot vacuuming, emptying waste baskets and cleaning ashtrays, daily; vacuuming carpets and floors and dusting furniture, weekly; and washing windows, semi-annually. Such janitorial services shall include only ordinary dusting and cleaning and shall not include (i) shampooing of carpets or rugs, (ii) cleaning of draperies or furniture, or (iii) unusual cleaning services. Landlord shall not be liable for all water (including failure to furnish any utilities or services to the cost Premises when such failure results from causes beyond Landlord's reasonable control. If Landlord discontinues or fails to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other provide any of the utilities supplied or services furnished by Landlord to the Premises, together with any feessuch discontinuance shall neither be deemed an actual or constructive eviction, surcharges and taxes thereon. If any such utility is not separately metered nor release Tenant of its obligations under this Lease, including without limitation Tenant's obligations to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearRental; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of if such utilities. Tenant shall not be liable for the cost of utilities supplied discontinuance results in Tenant's inability to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date occupy and Tenant uses use the Premises for any purpose other than as expressly permitted in Section 4.3its intended use, and (A) such interruption continues for a period of thirty (30) days, then Tenant shall be responsible entitled to an abatement of rent during such period of interruption of services, and (B) such interruption continues for a period of sic (6) months, then Tenant shall be entitled to terminate this Lease upon thirty (30) days written notice to Landlord. Except for Landlord's obligations as set forth above, Tenant shall make all arrangements for and pay the cost of all utilities supplied and services (including without limitation their connection charges) separately metered to the Premises from such earlier date of possessionPremise or used by Tenant, including without limitation electricity (including without limitation electricity to operate the heating and air-conditioning unit within the Premises), and telephone services. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts

Utilities and Services. 16.1. Landlord shall supply reasonable amounts of electricity, gas, water, sewer, trash, and other utilities serving the Premises, and Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant services as Additional Rent. Landlord may base its bills measure and charge such utilities to Tenant by any reasonable method, including without limitation by submeter, by allocating a per square foot cost for utilities such utilities, or by other means not uncommon to the real estate industry. Landlord may also establish any reasonable manner and method of payment of such utilities, including, without limitation, payment of a certain sum on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part a monthly basis, subject to reconciliation at the end of the next applicable measuring year, or providing monthly invoices to Tenant, or having Tenant pay certain utilities directly to the utility provider, or any other method not uncommon to the real estate industry. Tenant, at Tenant’s expense, shall purchase and install all light bulbs, lamps, light fixtures, and all replacement light bulbs, lamps, and light fixtures used in the Premises. Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense, so long as Landlord is not at fault, which Tenant may sustain or incur: (i) if the quantity, character, or supply of utilities is changed or is no longer available or suitable for Tenant’s requirements, or (ii) due to interruption of utilities. Tenant agrees that it will not make any material alteration or addition to the electrical equipment, utility lines and components, appliances or fixtures in the Premises without the prior written consent of Landlord’s Statement , which may not be reasonably withheld. Tenant shall be responsible at its sole cost and expense for the payment of all telecommunication services provided to reflect the actual cost Premises (including the installation of the components, equipment, and facilities providing utilities such services). Landlord shall supply only standard telecommunications services to the Premises. To Landlord reserves the extent that Tenant uses more than Tenant’s Pro Rata Share right to interrupt, curtail, stop or suspend the furnishing of the services described herein, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements which are, in the reasonable judgment of Landlord, desirable or necessary to be made, or by reason of difficulty or inability in securing supplies or labor, or by reason of strikes, or by reason of any other cause beyond the reasonable control of Landlord. There shall be no diminution or abatement of Rent or other compensation due from Tenant to Landlord hereunder, and the Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension. Except for those utility costs and other services to be paid by Tenant directly to Landlord or to the applicable utility provider according to the terms of this Lease, all utility costs (including without limitation the costs to obtain, maintain, repair and replace such utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities as well as the cost to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate applicable utility usage that varies depending on the occupancy provider of the Building or Project (as applicableutility being provided) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidents; breakage; casualties included in Operating Costs (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts.

Utilities and Services. 16.1. Tenant shall pay for all water (including As of the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to TenantCommencement Date, Tenant shall pay cause all of the Utility Expenses (hereinafter defined) for the Premises to be placed in Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant name with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by invoices sent directly to Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to at the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the payment of all Utility Expenses. Tenant shall pay directly to the appropriate utility company or similar entity the cost of all water, sewer use, sewer discharge fees and sewer connection fees, gas, heat, electricity, refuse pickup, janitorial service, telephone, telecommunications and other utilities supplied (collectively, the “Utility Expenses”) billed or metered separately to the Premises from such earlier date of possession. 16.2and/or Tenant during the Term. Landlord Subject to Section 6.2 above, Tenant shall not be liable for, nor shall also pay any eviction of Tenant result from, the failure to furnish any and all assessments or charges for utility or servicesimilar purposes included within any tax ▇▇▇▇ for the Lot on which the Building is situated, whether including without limitation, entitlement fees, allocation unit fees and/or any similar fees or not charges. At least quarterly and at such failure is caused shorter intervals of time upon Landlord’s request, Tenant shall promptly deliver to Landlord written evidence of Tenant’s payment of the Utility Expenses if requested by accidents; breakage; casualties (Landlord. Tenant acknowledges that the Premises may become subject to the extent not caused rationing of utility services or restrictions on utility use as required by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikesa public utility company, lockouts governmental agency or other labor disturbances similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing restrictions as may be imposed upon Landlord, Tenant, or labor disputes (other than labor disturbances the Premises, and labor disputes resulting solely Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant further agrees to timely and faithfully pay, prior to delinquency, any amount, tax, charge, surcharge, assessment or imposition levied, assessed or imposed upon the actsPremises, or Tenant’s use and occupancy thereof by a public utility company, governmental agency, taxing authority or similar entity having jurisdiction thereof.

Utilities and Services. 16.117.1. Commencing on the Term Commencement Date, Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share a reasonable proportion (to be determined by Landlord) of all charges of such utility jointly metered with other premises as Additional Rent part of Tenant’s Pro Rata Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge (subject to Landlord’s obligations in Articles 5 and 6) install metering equipment at Landlord’s expense. Tenant shall contract directly with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills relevant providers for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to domestic water for the Premises, telephone (other than for the elevator and fire alarm system), internet service, cable television and other telecommunications. To Throughout the extent that Tenant uses more than duration of Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project Premises, Tenant shall keep the Premises’ gas (as if applicable) and water meters and installation equipment in good working order and repair at Tenant’s sole cost and expense. If Tenant fails to equal Landlord’s reasonable estimate of what so maintain such utility usage would have been had meters and equipment, Landlord may repair or replace the Building or Projectsame and shall collect the costs therefor from Tenant. Tenant agrees to pay for water and gas consumed, as applicableshown on said meter, been ninety-five percent (95%) occupied during and for the other utilities for which Tenant directly contracts with the applicable suppliers, as and when bills are rendered. If Tenant fails to timely make such calendar year; providedpayments, howeverLandlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, that or payments made by Landlord shall not recover more than one hundred percent (100%) for any of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied reasons or purposes hereinabove stated (other than with respect to the Premises attributable to the time period prior to the Term Commencement Date; providedinitial installation of metering equipment), however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied deemed to the Premises from such earlier date of possessionbe Additional Rent payment by Tenant and collectible by Landlord as such. 16.217.2. 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 accidentsForce Majeure. In the event of such failure, 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; breakage; casualties provided, however, that if the Premises or a material portion thereof is made untenantable for a period in excess of five (5) consecutive business days as a result of any such failure, then Tenant, as its sole and exclusive remedy, shall not be liable for Base Rent or Operating Expenses during the period beginning on the sixth (6th) consecutive business day of such failure (only to the extent not such failure is caused by Landlord’s gross negligence or willful misconduct) and ending on the party claiming Force Majeure); Severe Weather Conditions day such failure is remedied. 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 that is supplied to the entire Building and not exclusively to the Premises beyond the existing capacity of the Building as defined below); physical natural disasters 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 (but excluding weather conditions 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. 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 and the provisions of Sections 17.4 and 17.5 above shall not Severe Weather Conditions)apply to such utilities. 17.7. Landlord shall provide water in Common Areas for lavatory and irrigation purposes only; strikesprovided, lockouts however, that if Landlord determines that Tenant requires, uses or consumes water for any purpose other labor disturbances than ordinary lavatory purposes, Landlord may install a water meter (at Landlord’s sole cost and expense) and thereby measure Tenant’s water consumption for all purposes. Throughout the duration of Tenant’s occupancy of the Premises, Tenant shall keep said meter and installation equipment in good working order and repair at Tenant’s sole cost and expense. If Tenant fails to so maintain such meter and equipment, Landlord may repair or labor disputes replace the same and shall collect the costs therefor from Tenant. Tenant agrees to pay for water consumed, as shown on said meter, as and when bills are rendered. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, or payments made by Landlord for any of the reasons or purposes hereinabove stated (other than labor disturbances with respect to the initial installation of metering equipment), shall be deemed to be Additional Rent payment by Tenant and labor disputes resulting solely collectible by Landlord as such. 17.8. Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems reasonably 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, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the actsforegoing, 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. 17.9. Tenant acknowledges that the HVAC system serves the entire Building, including areas outside of the Premises. Landlord shall maintain and operate the HVAC for the Building and promptly (following Landlord’s discovery or receipt of both (a) a work order request submitted through the Electronic Tenant Handbook and (b) telephonic notice (with the following names and information subject to updates by Landlord from time to time upon written notice to Tenant) from Tenant to Owner’s property manager (Cell: ▇▇▇-▇▇▇-▇▇▇▇; Main Office: 650-312-9438; Direct: 858-207-5312) or Owner’s acting chief engineer (Cell: ▇▇▇-▇▇▇-▇▇▇▇; Office: 510-791-1221)) correct any interruption or impairment in HVAC services to the Premises. Landlord shall, except in the event of a casualty, commence an investigation or cure of any failure of the HVAC system within six (6) hours after notification by Tenant. Tenant shall pay as Operating Expenses Tenant’s Pro Rata Share of the Building for all charges incurred by Landlord for the operation and maintenance of the HVAC system.

Utilities and Services. 16.1. Tenant (a) Lessor shall contract for and pay for for, and Lessee shall reimburse Lessor therefor pursuant to Paragraph 5 as an Operating Expense, all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water)electricity, gas, heatwater, light, power, telephone, internet heat and air conditioning service, cable televisionrefuse pick-up, other telecommunications sewer charges, and all other utilities or services supplied to or consumed by Lessee, its agents, employees, contractors, and invitees on or about the Premises, together with any fees, surcharges excluding telephone and taxes thereondata service to the Building for which Lessee shall contract and pay directly. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord mayLessor, at its option, monitor sole cost and expense shall ensure that electricity in the usage Premises in Building 5 and Building 6 are separately metered prior to the Commencement Date and shall provide Lessee with copies of such utilities by Tenant any utility bills and charge Tenant with invoices for services upon written request therefor. Lessee may notify Lessor of its intent to contract for and pay for its own janitorial services for the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part interior of the next LandlordPremises and provided such janitorial service meets Lessor’s Statement standards for “Class A” service provided elsewhere in the Building as reasonably determined by Lessor, Lessor will permit Lessee to reflect the actual cost of providing utilities contract for its own janitorial service. (b) Lessor shall not be liable to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share Lessee for any interruption or failure of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities utility services to reflect such excess. In the event that the Building or Project the Premises which is less than fully occupied during not caused by the active negligence or willful acts of Lessor. Lessee shall not be relieved from the performance of any covenant or agreement in this Lease because of any such failure. Lessor shall make all repairs to the Premises required to restore such services to the Premises and the cost thereof shall be payable by Lessee pursuant to Paragraph 5 as a calendar yearcurrent Operating Expense, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project as a capital improvement which is amortized over its useful life (together with interest thereon) as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, an Operating Expense in accordance with generally accepted accounting principles as applicable, been ninety-five percent (95%) occupied during such calendar yeardescribed in Paragraph 5(b); provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikesactive negligence or willful acts of Lessor, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsthen Lessor shall bear such costs.

Utilities and Services. 16.1As used in this Lease, “Premises Utilities Costs” shall mean all actual charges for utilities for the Premises of any kind, including but not limited to water, sewer and electricity, telecommunications and cable service, and the costs of heating, ventilating and air conditioning and other utilities as well as related fees, assessments and surcharges. Tenant shall pay contract directly for all water (including utilities services for the cost Premises and shall pay all Premises Utilities Costs directly to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied the various utility service providers providing such utility services to the Premises, together with . Should Landlord elect to supply any fees, surcharges and taxes thereon. If any or all of such utility is not separately metered to Tenantutilities, Tenant shall agrees to purchase and pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in for the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant same as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay reimburse Landlord within thirty (30) days of billing for Tenant’s Adjusted Share fixture charges and/or water tariffs, if applicable, which are charged to Landlord by local utility companies. Landlord will notify Tenant of such utilities to reflect such excessthis charge as soon as it becomes known. This charge will increase or decrease with current charges being levied against Landlord, the Premises or the Building by the local utility company, and will be due as Additional Rent. In the no event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that shall Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for any interruption or failure in the cost supply of utilities supplied any such utility or other services to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Tenant. In no event shall any Rent owed Landlord shall permit Tenant possession under this Lease be abated by reason of the Premises prior failure to the Term Commencement Date and Tenant uses the Premises for furnish, delay in furnishing, unavailability or diminution in quality or quantity of any purpose such utility or other than services or interference with Tenant’s business operations as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost a result of utilities supplied to the Premises from any such earlier date of possession. 16.2. Landlord shall not be liable for, occurrence; nor shall any such occurrence constitute an actual or constructive eviction of Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused a breach of an implied warranty by accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsLandlord

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share a reasonable proportion (to be determined by Landlord) of all charges of such utility jointly metered with other premises as Additional Rent part of Tenant’s Pro Rata Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable for, nor shall any eviction of Tenant result from, from the failure to furnish any such utility or service, whether or not such failure is caused by accidentsaccident; breakage; casualties (to the extent not caused by the party claiming Force Majeure)repair; Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikesstrike, lockouts lockout or other labor disturbances disturbance or labor disputes dispute of any character; act of terrorism; shortage of materials, which shortage is not unique to Landlord or Tenant, as the case may be; governmental regulation, moratorium or other governmental action; or Landlord’s inability, despite the exercise of reasonable diligence or by any other cause, including Landlord’s gross negligence, to furnish any such utility or service (collectively, “Force Majeure”). In the event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. 16.3. 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. 16.4. 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. 16.5. 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. 16.6. 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. 16.7. Landlord shall provide water in Common Areas for lavatory purposes only; provided, however, that if Landlord determines that Tenant requires, uses or consumes water for any purpose other than labor disturbances ordinary lavatory purposes, Landlord may install a water meter and labor disputes resulting solely thereby measure Tenant’s water consumption for all purposes. Tenant shall pay Landlord for the costs of such meter and the installation thereof and, throughout the duration of Tenant’s occupancy of the Premises, Tenant shall keep said meter and installation equipment in good working order and repair at Tenant’s sole cost and expense. If Tenant fails to so maintain such meter and equipment, Landlord may repair or replace the same and shall collect the costs therefor from Tenant. Tenant agrees to pay for water consumed, as shown on said meter, as and when bills are rendered. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the actssame from Tenant. Any such costs or expenses incurred, or payments made by Landlord for any of the reasons or purposes hereinabove stated, shall be deemed to be Additional Rent payment by Tenant and collectible by Landlord as such. 16.8. 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, 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, Tenant shall not be responsible for payment of Basic Annual 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.

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost a. Subject to service, repair and replace reverse osmosis, de-ionized and other treated waterSection 4(e), gasLandlord shall furnish the following utilities and services during normal business hours (i.e., heatMonday through Friday a.m. to p.m., lightSaturdays a.m. to p.m., powerexcluding federal legal public holidays ("Holidays")): electric current (for lighting and operation of normal desk-type office machines); water; lavatory supplies; heat and air-conditioning during the appropriate seasons of the year as reasonably required; elevator service; and cleaning and char service (after normal business hours Monday through Friday, telephoneexcluding Holidays). At times other than the normal business hours and days aforesaid, internet servicecentral air conditioning and heating shall be provided to Tenant upon at least twenty-four (24) hours' prior notice from Tenant, cable televisionand upon payment by Tenant of the hourly charge established by Landlord for each hour (or a portion thereof) of after-hours usage. In addition, other telecommunications Landlord may impose a reasonable additional charge for any additional or unusual services required to be provided by Landlord to Tenant because of the carelessness of Tenant, the nature of Tenant's business or the removal of any refuse and other utilities supplied rubbish from the Premises except for discarded material placed in wastepaper baskets and left for emptying as an incident to Tenant's normal cleaning of the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that Landlord must temporarily suspend or curtail services because of accident and repair, Landlord shall have no liability to Tenant for such suspension or curtailment or due to any restrictions on use arising therefrom or relating thereto, and Landlord shall proceed diligently to restore such service. No interruption or malfunction of any such services shall constitute an actual or constructive eviction or disturbance of Tenant's use and possession of the Building Premises or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project a breach by Landlord of any of its obligations hereunder or render Landlord liable for damages or entitle Tenant to be relieved from any of Tenant's obligations hereunder (including the obligation to pay rent) or grant Tenant any right of setoff or claim against Landlord or constitute a constructive or other eviction of Tenant. In the event of any such interruption, Landlord shall use reasonable diligence to restore such services. b. All light bulbs and tubes in the Premises shall be replaced at Tenant's expense. If Tenant elects to supply any such replacement tubes, Landlord shall provide the labor involved for such replacement at no cost to the Tenant. c. Tenant will not, without the prior written consent of Landlord, use any apparatus or device in the Premises, including without limitation electric data processing machines, punch card machines and machines using current in excess of 110 volts that will in any way increase the amount of the electricity or water that would otherwise be furnished or supplied for the intended use of the Premises under this Section 9; and Tenant will not connect to electric current any apparatus or device for the purpose of using electric current or water, except through existing electrical outlets in the Premises or water pipes. If Tenant shall require water or electricity in excess of that which would otherwise be furnished or supplied for the intended use of the Premises, Tenant shall first secure the written consent of Landlord for the use thereof, which consent Landlord may refuse in its absolute discretion. Landlord may condition its consent upon the requirement that a water meter or electric current meter be installed in the Premises, so as applicable) to equal Landlord’s reasonable estimate measure the amount of what water and electric current consumed for any such utility usage would have been had excess use. The cost of such meters and installation, maintenance and repair thereof, the cost of any such excess d. Tenant shall not install equipment of any kind or nature whatsoever nor engage in any practice or use that will or may necessitate any changes, replacements or additions to, or in the use of, the water system, heating system, plumbing system, air conditioning system, electrical system, floor load capacities, or other mechanical or structural system of the Premises or the Building or Projectwithout first obtaining the prior written consent of Landlord, as applicablewhich consent may be conditioned upon, been ninetybut not limited to, Tenant first securing at its expense additional Building capacity for said service. Tenant shall have the right to install and operate in the Premises personal computers and other electrically-five percent (95%) occupied during such calendar yearoperated office equipment normally used in modern offices; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for paying for any excess utility consumption arising from any such change, replacement, use or addition, such payments to be based on Landlord's reasonable estimate or, at Landlord's option, a submeter or similar device to measure such usage (said device to be installed at Tenant's expense). Additionally, in the cost event that Landlord reasonably determines that Tenant's electrical consumption exceeds standard office use, Tenant shall pay the amount of utilities supplied such excess electrical consumption, as reasonably determined by Landlord, within thirty (30) days after demand therefor. Machines, equipment and materials belonging to Tenant that cause vibration, noise, cold, heat, fumes or odors that may be transmitted outside of the Premises from to such earlier date of possession. 16.2. a degree as to be objectionable to Landlord in Landlord's sole opinion or to any other tenant in the Building shall be treated by Tenant at its sole expense so as to eliminate such objectionable condition, and shall not be liable forallowed to operate until such time as the objectionable condition is remedied to Landlord's satisfaction. e. Tenant shall comply, nor shall at its sole cost and expense, with all orders, requirements and conditions now or hereafter imposed by any eviction ordinances, laws, orders and/or regulations (hereinafter collectively called "regulations") of Tenant result from, any governmental body having jurisdiction over the failure to furnish any utility Premises or servicethe Building, whether required of Landlord or otherwise, regarding the collection, sorting, separation and recycling of waste products, garbage, refuse and trash (hereinafter collectively called "waste products") including but not such failure is caused by accidents; breakage; casualties (limited to the extent not caused separation of such waste products into receptacles reasonably approved by Landlord and the party claiming Force Majeure); Severe Weather Conditions removal of such receptacles in accordance with any collection schedules prescribed by such regulations. Landlord reserves the right (as defined below); physical natural disasters (but excluding weather conditions i) to refuse to accept from Tenant any waste products that are not Severe Weather Conditions); strikesprepared for collection in accordance with any such regulations, lockouts or other labor disturbances or labor disputes (other than labor disturbances ii) to require Tenant to arrange for waste product collection at Tenant's sole cost and labor disputes resulting solely from the actsexpense, utilizing a contractor reasonably satisfactory

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, heat, light, power, telephone, internet exterior trash dumpster refuse pickup, janitorial service, cable televisioninterior landscape maintenance and all other utilities, other telecommunications materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If any utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utility is not utilities and services and Tenant shall pay such amount to Landlord, as an item of Additional Rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs, in which event Tenant shall pay Tenant's share of such cost in the manner set forth in Section 7.1. Landlord may also require Tenant to have any Specialized HVAC system separately metered to Tenant, Tenant shall pay at Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2's expense. Landlord shall not be liable for, nor shall in damages or otherwise for any eviction failure or interruption of Tenant result from, the failure to furnish any utility or service, whether or not other service furnished to the Premises. No such failure is caused or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any Rent due hereunder, however, if any utilities or services as described in this Section 7.8 or elsewhere in the Lease cease to be provided to Tenant as a result of the negligence or willful misconduct of Landlord result in the Premises being rendered uninhabitable, and if such interruption continues in excess of five (5) consecutive days, then all Rent payable by accidents; breakage; casualties (Tenant to Landlord under this Lease shall be abated for the extent not caused by period the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that Premises are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsrendered uninhabitable for such reasons.

Utilities and Services. 16.1. Tenant shall pay for all water (including Throughout the cost Term of the Lease so long as the Premises are occupied, Landlord agrees to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied furnish or cause to be furnished to the Premises, together with any fees, surcharges Premises the utilities and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, services described in the alternativeStandards for Utilities and Services attached hereto as Exhibit "F", Landlord may, at its option, monitor subject to the usage of such utilities by Tenant conditions and charge Tenant in accordance with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rentstandards set forth therein. Landlord may base its bills require Tenant from time to time to provide Landlord with a list of Tenant's employees and/or agents which are authorized by Tenant to subscribe on behalf of Tenant for utilities on reasonable estimates; any additional services which may be provided that by Landlord. Any such additional services will be provided to Tenant at Tenant's cost. Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall will not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 of the foregoing utilities and services if such failure is caused by accidentsall or any of the following: (i) accident, breakage or repairs; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); ii) strikes, lockouts or other labor disturbances disturbance or labor disputes dispute of any character; (iii) governmental regulation, moratorium or other than labor disturbances governmental action or inaction; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or (v) any other cause beyond Landlord's reasonable control. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant will result from such failure and labor disputes resulting solely Tenant will not be relieved from the actsperformance of any covenant or agreement in this Lease because of such failure. Notwithstanding the foregoing, if any interruption in the supply of utilities to the Premises occurs and such interruption materially interferes with Tenant's use and occupancy of the Premises for more than ten (10) continuous business days, Tenant shall have the right to ▇▇▇▇▇ Base Rent payable with respect to the period of interruption following such ten (10) business day period, but only to the extent of any rent loss insurance proceeds received by Landlord in connection with such abatement. Such abatement shall be in the proportion that such interference bears to Tenant's normal operations in the Premises, as agreed to by Landlord and Tenant; provided, however, in no event shall Landlord be liable for damages or any other amounts or expenses attributable to such interruption. In the event of any failure, stoppage or interruption thereof, Landlord agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to pay, as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and Tenant agrees thereafter to pay all charges of the utility providing service and Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Operating Expenses subject to such adjustment.

Utilities and Services. 16.1. Tenant shall obtain in its own name and pay for all water (including directly to the appropriate supplier the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility utilities and services serving the Leased Premises. However, if any services or utilities are jointly metered with other premises as Additional Rent or, in the alternativeproperty, Landlord may, at its option, monitor the usage shall make a reasonable determination of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) proportionate share of the cost of such utilities. utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services provided to Tenant) and Tenant shall not be liable for the cost pay such share to Landlord within fifteen (15) days after receipt of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2Landlord’s written statement. Landlord shall not be liable for, nor shall in damages or otherwise for any eviction failure or interruption of Tenant result from, the failure to furnish any utility or other building service and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. In the event of utility “deregulation”, Landlord may choose the service provider. Notwithstanding anything in this Lease to the contrary, Landlord shall use commercially reasonable efforts to promptly restore utility service and in the event restoration of service is within Landlord’s control and Landlord negligently Fails to restore such service within a reasonable time, thereby causing the Leased Premises to be rendered untenantable (meaning that Tenant is unable to use such space in the normal course of its business) by Tenant for the use permitted under this Lease for more than ten (10) consecutive days after notice from Tenant to Landlord that such service has been interrupted and a reasonable opportunity for Landlord to restore such service, whether or not Minimum Annual Rent and Annual Rental Adjustment shall ▇▇▇▇▇ on a per diem basis for each day after such failure is caused by accidents; breakage; casualties ten (to 10) day period during which the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsLeased Premises remain untenantable.

Utilities and Services. 16.116.1 Subject to Force Majeure (as defined below) and the other provisions of this Article 16, Landlord shall provide, or cause to be provided, to the Premises during Business Hours water, gas, heat, light, power, HVAC, de-ionized water, and elevator service sufficient for the Permitted Use. Except as otherwise expressly provided in this Lease, Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. Electric power and CFM/HVAC supplied to the Premises will be separately metered (with meters installed by Landlord at Landlord’s sole cost, and Tenant shall pay the costs for such electric power and CFM/HVAC supplied to the Premises as Additional Rent. If any other such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its optionLandlord’s cost, monitor the usage install metering equipment to measure Tenant’s consumption of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rentother utilities. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Landlord will not provide any janitorial services to the Premises. Tenant shall not be liable separately contract and pay for janitorial services for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionPremises. 16.2 Except as otherwise stated in the last four sentences of this Section 16.2. , 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsacts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence. In the event of such failure, 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. “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at the applicable time based on historic meteorological records. Notwithstanding anything to the contrary in this Lease, if, for more than five (5) consecutive business days following written notice to Landlord and as a direct result of Landlord’s gross negligence or willful misconduct (and except to the extent that such failure is caused in whole or in part by the action or inaction of a Tenant Party (as defined below)), the provision of HVAC or other utilities to all or a material portion of the Premises that Landlord must provide pursuant to this Lease is interrupted (a “Material Services Failure”), then Tenant’s Base Rent and Operating Expenses (or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Operating Expenses) shall thereafter be abated until the Premises are again usable by Tenant for the Permitted Use; provided, however, that, if Landlord is diligently pursuing the restoration of such HVAC and other utilities and Landlord provides substitute HVAC and other utilities reasonably suitable for Tenant’s continued use and occupancy of the Premises for the Permitted Use (e.g., supplying potable water or portable air conditioning equipment), then neither Base Rent nor Operating Expenses shall be abated. During any Material Services Failure, Tenant will cooperate with Landlord to arrange for the provision of any interrupted utility services on an interim basis via temporary measures until final corrective measures can be accomplished, and Tenant will permit Landlord the necessary access to the Premises to remedy such Material Service Failure. In the event of any interruption of HVAC or other utilities that Landlord must provide pursuant to this Lease, regardless of the cause, Landlord shall diligently pursue the restoration of such HVAC and other utilities. Notwithstanding anything in this Lease to the contrary, but subject to Article 24 (which shall govern in the event of a casualty), the provisions of this Section shall be Tenant’s sole recourse and remedy in the event of an interruption of HVAC or other utilities to the Premises, including related to Section 16.8.

Utilities and Services. 16.1. Tenant Landlord shall pay for all water (including the cost to service, repair a) furnish heat and replace reverse osmosis, de---------------------- air-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied conditioning to the Premises, together with any feesas provided in the Rules and Regulations; (b) furnish water for the intended use of occupants of the Building; (c) provide janitor service for the Premises and elevator service for the Building to the extent provided in the Rules and Regulations; and (d) provide cleaning service for the interior and exterior of Tenant's windows of a scope and frequency determined by Landlord. Replacement of lamps, surcharges bulbs, tubes, starters and taxes thereonballasts in the Premises shall be provided by Landlord and the cost thereof included in Operating Expenses. Landlord shall have the exclusive right to attend to such replacement, and its charges therefor shall be reasonable. Landlord may adopt a system of relamping and reballasting periodically on a group basis. If any Landlord elects to make available to tenants in the Building other services or supplies including but not limited to those services set forth in Paragraph 26 of the Rules and Regulations, which shall benefit all tenants or which Landlord could not provide efficiently if certain tenants refused to obtain it (such utility is not separately metered to Tenantas piped-in music), or arranges a master contract therefor, Tenant shall pay Tenant’s Adjusted Share its proportionate share of all charges the expense. It Tenant wishes to obtain any of such utility jointly metered services outside the normal business days and hours for such services, the, if the service desired is available, special arrangements must be made with other premises as Additional Rent orLandlord, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises 's then standard charge for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2additional services so furnished. Landlord shall not be liable for, nor and Tenant shall not be entitled to, any eviction abatement or reduction of Tenant result from, the rental by reason of interruption of Landlord's failure to furnish any utility or service, whether or not of the foregoing when such failure is caused by accidents; accident, breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); , repairs, strikes, lockouts or other labor disturbances disputes of any character, or labor disputes (by any other similar or dissimilar cause beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for loss of, or injury to, property or person, however occurring through or in connection with or incidental to the furnishing of, interruption of or a failure to furnish any of the foregoing, including documents, files or other property damaged, destroyed or lost through acts or omissions of the personnel performing janitorial or cleaning services. Any services, other than labor disturbances those agreed herein to be provided by Landlord, which are consumed on the Premises, shall be paid for by Tenant. Tenant shall have access to the Premises Seven (7) days per week, Twenty-Four (24) hours per day. Anything in this Lease to the contrary notwithstanding, if the stoppage of services which Landlord is obligated to provide for Tenant causes any portion of the Premises to become unusable by Tenant for more than Five (5) consecutive business days, then and labor disputes resulting solely from in that event Tenant shall be entitled to a pro rata abatement of rent as to such unusable portion of the actsPremises commencing with the sixth (6/th/) day that the same are unusable, provided, however, that Tenant shall not be entitled to any abatement of rent due to unusability (a) caused by any act or omission of Tenant or any of Tenant's servants, employees, agents, visitors, or licensees or (b) where Tenant requests Landlord to make a decoration, alteration, improvement, or addition or (c) where the repair in question or the services in question are those which Tenant is obligated to make or furnish under any of the provisions of this Lease.

Utilities and Services. 16.1. Tenant shall A. From the date Landlord's Work in the Premises is substantially completed and delivery of possession thereof to Subtenant, Subtenant agrees to pay for all water (utility services rendered or furnished to the Premises including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water)heat, gas, heatwater, lightelectricity, powersprinkler charges assessed by any governmental authority, telephonefire line charges, internet servicesewer rental, cable televisionsewage treatment facilities charges and the like, together with all taxes levied or other telecommunications charges on such utilities and other governmental charges based on utility consumption. Said utility services shall be provided directly to the Premises by the local utility company. All utilities supplied shall be separately metered or assessed. All utility options available to Landlord shall be made available to Subtenant, including, but not limited to, the rights provided under the natural gas service agreement with Dominion Peoples for the Airside Business Park, and Landlord agrees not to terminate, modify or decline not to extend any such agreements or options with reference to services to the Premises without the consent of Subtenant, which consent shall not be unreasonably withheld, delayed or conditioned. B. In no event shall Landlord be liable for the quality, quantity, failure or interruption of utility services to the Premises, together with any feesunless resulting from the negligence or wrongful acts or omissions of Landlord, surcharges and taxes thereon. If any such utility is not separately metered to Tenantits agents, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter employees or as contractors. C. As a part of the next Landlord’s Statement 's Improvements to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period constructed prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant delivery of possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises Subtenant, Landlord shall pay for any purpose other than as expressly permitted water meter, security deposit for same, and any tap-in Section 4.3fees, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility connection fees or service, whether or not such failure is caused by accidents; breakage; casualties (to the extent not caused assessments levied by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts water or sewer utility company or any other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from utility authority which services the actsPremises.

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair Landlord and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of to furnish those utilities supplied and services to the Premises from such earlier date of possession. 16.2to the extent provided in Exhibit C, subject to the conditions and payment obligations and standards set forth in this Lease. Landlord shall not be liable for, nor shall for any eviction of Tenant result from, the failure to furnish any utility services or service, whether or not such utilities when the failure is caused the result of any accident or other cause beyond Landlord’s reasonable control, nor shall Landlord be liable for damages resulting from power surges or any breakdown in telecommunications facilities or services. Landlord’s temporary inability to furnish any services or utilities shall not entitle Tenant to any damages, relieve Tenant of the obligation to pay rent or constitute a constructive or other eviction of Tenant, except that Landlord shall diligently attempt to restore the service or utility promptly. However, if the Premises, or a material portion of the Premises, are made untenantable for a period in excess of 2 consecutive business days as a result of a service interruption or repair that is reasonably within the control of Landlord to correct and through no fault of Tenant and for reasons other than as contemplated in Article 11, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 3rd consecutive business day of the service interruption or repair and ending on the day the service has been restored or the repair has been completed. Tenant shall comply with all rules and regulations which Landlord may reasonably establish and communicate to Tenant in writing for the provision of services and utilities, and shall cooperate with all reasonable conservation practices established by accidents; breakage; casualties (Landlord. Landlord shall at all reasonable times have free access to the extent all electrical and mechanical installations of Landlord and Landlord shall not caused by the party claiming Force Majeure); Severe Weather Conditions generate, handle, store or dispose of hazardous or toxic materials (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikessuch materials may be identified in any federal, lockouts state or other labor disturbances local law or labor disputes (other than labor disturbances and labor disputes resulting solely from regulation) in the actsPremises or Project during the Term hereof.

Utilities and Services. 16.1Tenant shall arrange for all telephone, water, gas, electricity, janitorial services, life safety systems and other power, utilities and services which it shall require in connection with its use or occupancy of the Premises and shall pay for the same by direct payment to the provider thereof, together with any taxes, penalties, surcharges or the like pertaining thereto. Notwithstanding the foregoing, during the Normal Business Hours of the Building specified in Article 1 above, Landlord shall furnish the Premises with heating, ventilation and air conditioning services for normal and customary office use (“HVAC”). If requested by Tenant, Landlord shall furnish HVAC service to the Premises at times other than the Normal Business Hours of the Building and Tenant shall pay for all water (including the cost of such after-hours services at Landlord’s then prevailing rate, which rate shall take into account any excess wear and tear and maintenance expenses as a result of such excess use, but shall not include Landlord’s overhead or any profit ▇▇▇▇-up. If the HVAC is in need of maintenance or repair, Landlord shall repair the HVAC unless Landlord, in its reasonable discretion, determines that it is more feasible to servicereplace the HVAC. If Landlord replaces the HVAC, the cost of such replacement HVAC shall be included in Operating Expenses and amortized in accordance with subsection 1.12 of Section 29.L. below. Subject to the other terms of this Lease (including, without, limitation, Tenant’s responsibility for maintaining any supplemental HVAC or generators exclusively serving the Premises), Landlord shall be responsible for maintaining all utility systems and equipment located outside of the Building, with the costs of such maintenance to be included in Operating Expenses. Except as expressly provided above, Landlord shall have no obligation to furnish any utilities or services to the Premises or any equipment providing for the same. Tenant shall be solely responsible for any supplemental HVAC to the Premises as Tenant shall require for the comfortable occupancy thereof. Tenant acknowledges that Landlord has informed Tenant that, as of the date hereof, the utilities serving each of the Buildings are separately metered and Landlord agrees to maintain such separate metering during the Term. Except as provided pursuant to Section 12.B. below, Tenant shall maintain, repair and replace reverse osmosisall such items, de-ionized operate the same, and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications keep the same in good working order and other utilities supplied to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilitiescondition. Tenant shall not install any equipment or fixtures, or use the same, so as to exceed the safe and lawful capacity of any utility equipment or lines serving the same. The installation, alteration, replacement or connection of any utility equipment and lines, and any other equipment or systems or Alterations which Tenant shall require in order to supply supplemental HVAC or other services, shall be liable subject to the provisions of Section 5.C. above. Tenant shall ensure that all Tenant’s supplemental HVAC equipment, is installed and operated at all times in a manner to prevent roof leaks, damage, or noise due to vibrations or improper installation, maintenance or operation. Tenant shall obtain, at its expense all electric light bulbs, ballasts and tubes as it shall require for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2Premises. Landlord shall not be liable for, for any damages directly or indirectly resulting from nor shall the Monthly Rent, Operating Expenses or any eviction other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason of Tenant result from(a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any of the foregoing utilities and services, (b) failure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or (c) the 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 servicethe Project. Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, whether state or not such failure is caused by accidents; breakage; casualties (local government agencies or utility suppliers in reducing energy or other resource consumption, consistent with the operation of a first class office building. Tenant’s utilization of utilities and services shall be subject to the extent not caused by limitations of any such voluntary, reasonable program that Landlord shall implement and uniformly apply for the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsProject.

Utilities and Services. 16.1Landlord shall provide, subject to the terms of this Section 11, water, sewer, steam, heat, ventilation, air conditioning, passenger and service elevator, electricity, gas, refuse and trash collection, and recycling (collectively, “Utilities”). Tenant shall pay be responsible for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to its own janitorial services within the Premises, together with any feesand the same shall not be included in Utilities. Landlord agrees to use commercially reasonable efforts to have at least one passenger elevator available for use at all times, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, except in the alternativeevent of an emergency. Provided that Tenant is in occupancy of the entire non-retail space in the ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter agrees to designate the service elevator in the 60 Binney Building for use by only the tenants of the 60 Binney Building (in common with Landlord) with appropriate signage to be provided by Landlord at Tenant’s expense (the design and content of which signage shall be mutually acceptable to Landlord and Tenant) at the loading dock level entrance to the service elevator indicating that such service elevator serves only the tenants of the 60 Binney Building and not other tenants of the Building. Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used in the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon, which charges shall be charged at Landlord’s cost without markup. Utility meters (including submeters) shall be installed in accordance with the requirements of the Work Letter. Landlord shall read and maintain the meters as part of its services hereunder, the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premiseswhich shall be included in Operating Expenses. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities directly to reflect such excess. In the event that Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Building or Project is less than fully occupied Premises during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilitiesTerm. Tenant shall not be liable pay, as part of Operating Expenses, its share of all charges for the cost jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; providedUtilities, howeverfrom any cause whatsoever, thatshall result in eviction or constructive eviction of Tenant, if Landlord shall permit Tenant possession termination of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than this Lease or, except as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable for, nor shall any eviction of Tenant result fromset forth below, the failure abatement of Rent. Tenant agrees to furnish any utility or service, whether or not such failure is caused by accidents; breakage; casualties (limit use of water and sewer with respect to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsCommon Areas to normal restroom use.

Utilities and Services. 16.11.9.1 Until Landlord notifies Tenant otherwise, Landlord will pay for City of Rexburg water, sewer and waste disposal services (collectively, “City Services”). Landlord reserves the right to discontinue payment for City Services upon thirty (30) days written notice to Tenant. After such notice, Landlord will bill Tenant for City Services, which shall be payable by Tenant to Landlord within five (5) business days after receipt of billing. 1.9.2 Landlord currently provides, but is under no obligation to continue, basic satellite television (“TV”) and high-speed internet (“Internet”) service to the Premises and high-speed internet services to the clubhouse. Internet service and TV service are referred together as the “Services”. Tenant shall pay Landlord a fee (the “Communication Fee”) of Twenty-Seven Dollars and Fifty cents per month in exchange for all water (including the cost to service, repair Services. The Communication Fee shall constitute additional rent and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant at the same time and in the same manner as Additional Base Rent. If Tenant fails to timely pay any installment of the Communication Fee, Landlord may elect, without waiving or limiting any other rights or remedies available to Landlord, to immediately disconnect the Services to the Premises without prior notice to Tenant. Landlord shall have the right in its sole discretion to change or discontinue the Services and increase the Communication Fee upon twenty (20) days prior written notice to Tenant. In no event shall Landlord be liable to Tenant for the performance or availability of the Services and Tenant waives all claims against Landlord for the interruption of the Services arising from any cause whatsoever (whether foreseen or unforeseen), including without limitation any claim of a right to withhold or recover Communication Fees. 1.9.3 Tenant will pay all other utilities, including electricity and gas. Tenant must contact the electric power and gas companies to place such utility accounts in Tenant’s name prior to occupancy of the Premises. If Tenant fails to pay any utility bill when due, Tenant shall be in breach of this Lease. In such event, Landlord may apply all or any portion of the bill to tenant's monthly charges. Landlord may base its also charge an additional Twenty Five (25) Dollar administration fee for each utility. Tenant must deliver to Landlord evidence of payment of all electricity and gas utility bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement prior to reflect the actual cost of providing utilities to vacating the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share . 1.9.4 Interruption or failure of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building utility or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building other service furnished or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable forentitle Tenant to any claim against Landlord, nor shall to any eviction reduction in Base Rent, or to a refund of any amounts paid by Tenant result from, the failure to furnish any utility or service, whether or not such failure is caused by accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actshereunder.

Utilities and Services. 16.1(a) From 7:00 a.m. to 6:00 p.m. on weekdays (“Normal Business Hours” (excluding legal holidays)), Landlord shall furnish to the Premises electricity for lighting and operation of low-power usage office machines, water, heat and air conditioning, and elevator service. During all other hours, Landlord shall furnish such service except for heat and air conditioning. Landlord shall provide janitorial services for the Premises each day on weekdays (excluding legal holidays) in a manner determined reasonably necessary by Landlord for a Class A building standard. Tenant shall separately arrange with, and pay directly to, the applicable local public authorities or utilities, as the case may be, for the furnishing, installation and maintenance of all water (including telephone services and equipment as may be required by Tenant in the cost use of the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, repair and replace reverse osmosis, de-ionized and other treated water), 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 thereonsuch inability shall not relieve Tenant of any of its obligations under this Lease. If at any such utility time during the Term Landlord shall determine that installation of a separate electrical meter for equipment or systems located within the Premises is not separately metered to necessary or desirable as a result of Tenant’s excessive electrical usage, then Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring maintaining such metering equipmentmeter and the cost of Tenant’s electrical usage as measured by such meter. Tenant acknowledges that certain equipment installed in the server room located on the ground floor portion of Premises is separately metered and that Tenant shall pay the cost of Tenant’s electrical usage as measured by such meter; provided, which cost however that nothing contained herein shall be interpreted to prohibit or limit Tenant’s ability to make use of the non-separately metered circuits for the operation of low-power usage office machines consistent with general office usage. (b) If requested by Tenant, Landlord shall furnish heat and air conditioning at times other than Normal Business Hours (“After Hours HVAC”) and Landlord’s standard hourly charge for services shall be paid by Tenant as Additional Rent, within thirty (30) days following invoice. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part As of the next Lease Date, Landlord’s Statement standard hourly charge for After Hours HVAC is Twenty-Five Dollars ($25.00) per one-half (1/2) floor. Landlord’s standard charge for After Hours HVAC shall be based on Landlord’s actual direct utility costs, plus Landlord’s other direct costs, including a reasonable depreciation factor or replacement reserve for the system on account of said additional hours of operation so as to reflect reimburse Landlord for the actual cost to Landlord to supply the service plus a reasonable reserve for depreciation or replacement of providing utilities the HVAC equipment, but without a profit to Landlord. (c) Without limiting the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share terms of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar yearParagraph 5(a) above, Tenant acknowledges that Landlord has contracted with Pacific Gas & Electric Company to provide electricity for the Building, and that Landlord reserves the right to change the provider of such service at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electrical service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term, and Tenant shall have no right (and hereby waives any right Tenant may extrapolate otherwise have) (i) to contract with or otherwise obtain any electrical service for or with respect to the Premises or Tenant’s operations therein from any provider of electrical service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other similar arrangement with the Electric Service Provider for the provision of electrical service to Tenant at the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, without limitation, allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (A) to install, repair, replace, improve and remove and any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (B) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, without limitation, loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease. (d) Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by a public utility usage company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that varies depending on its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with reasonable energy conservation and carbon reduction programs implemented by Landlord by reason of rationing, restrictions or Laws. (e) Unless caused by the gross negligence or willful misconduct of Landlord, Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. Unless caused by the sole gross negligence or willful misconduct of Landlord, in no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project. (f) Landlord makes no representation with respect to the adequacy or fitness of the air-conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Building Premises by more than one person per 200 rentable square feet. Landlord shall have no liability for loss or Project (as applicable) to equal damage in connection therewith. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, equipment or lighting other than Building-standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of this Paragraph 5. Landlord shall have the right to condition any such consent on the installation of supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. Tenant shall not use water or heat or air conditioning in excess of that normally supplied by Landlord. Tenant’s consumption of electricity shall not exceed the Building’s capacity considering all other tenants of the Building. (g) Notwithstanding anything herein to the contrary, if the Premises is made untenantable as a result of an interruption in electrical service as provided by Landlord pursuant to Paragraph 5(a) above, then (i) Landlord shall use commercially reasonable estimate good faith efforts to restore the same as soon as is reasonably possible, (ii) if, despite such commercially reasonable good faith efforts by Landlord, such interruption persists for a period in excess of what such utility usage would have been had the Building or Projectfive (5) consecutive business days, then Tenant, as applicableits sole remedy, shall be entitled to receive an abatement of Base Rent payable hereunder during the period beginning on the sixth (6th) consecutive business day of such interruption and ending on the day the utility or service has been ninety-five percent (95%) occupied during such calendar yearrestored; provided, however, that in the event such interruption is not due to Landlord’s gross negligence or willful misconduct, then such abatement shall only apply to the extent Landlord shall not recover more than one hundred percent (100%) collects or is entitled to collect proceeds under the policy of rental-loss insurance the cost of such utilities. Tenant shall not be liable for which has been included in Operating Expenses and the cost of utilities supplied proceeds from which are allocable to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionPremises. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts

Utilities and Services. 16.1. 16.1 Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized deionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications telephone and other utilities supplied to the Demised Premises, together with any fees, surcharges and taxes thereon. If any All such utility is not utilities shall be separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 16.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any such utility or service, service whether or not such failure is caused by accidents; accident, breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); , repairs, strikes, lockouts or other labor disturbances or labor disputes (of any character, governmental regulation, moratorium or other than labor disturbances and labor disputes resulting solely governmental action, inability despite the exercise of reasonable diligence or by any other cause except the willful misconduct or the gross negligence of Landlord. In the event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, nor be relieved from the actsoperation of any covenant or agreement of this Lease. 16.3 Tenant shall pay directly to the applicable utility or service provider, prior to delinquency, for any separately metered utilities and services which may be furnished to Tenant or the Demised Premises during the Term. 16.4 Tenant shall not, without the prior written consent of Landlord, which shall not be unreasonably withheld, use any device in the Demised Premises, including, but without limitation, data processing machines, which will in any way increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond that for which the Demised Premises are reasonably designed as of the Term Commencement Date. 16.5 Provided that Landlord shall furnish Tenant with notice whenever reasonably possible, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when necessary, by reason of accident or emergency or for repairs, alterations or improvements, in the good faith judgment of Landlord desirable or necessary to be made, until said 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 strike or accident, or by laws, rules, order, ordinances, directions, regulations or requirements of any federal, state, country or municipal authority or failure to deliver gas, oil or other suitable fuel supply or inability by exercise of reasonable diligence to obtain gas, oil or other suitable fuel. 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 a strike or labor trouble or any other cause whatsoever. Notwithstanding the foregoing, Landlord, in exercising its rights hereunder, shall use commercially reasonable efforts to minimize any disruption to or interference with the conduct of Tenant's business.

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost Resident shall be paid by Tenant as Additional Rent. Landlord may base its bills responsible for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable direct payment for the cost of utilities supplied and services to the Premises attributable providers of such utilities and services for those identified as “Paid by Resident” as follows: Electricity: Resident acknowledges that electricity service is separately metered to the Apartment. The charges for such services shall be billed monthly (or at such other time period prior to the Term Commencement Date; providedas Landlord, howeverin its sole discretion, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date elect) and Tenant uses the Premises for any purpose other than shall be payable as expressly permitted in Section 4.3, then Tenant Additional Rent. Resident shall be billed and shall be responsible for its pro-rata share of the cost charges for such services based on the number of utilities supplied occupied beds in the Apartment. In the event of any malfunction of the meter for such service, the charge for the Apartment shall be based upon the usage for other Apartments in the Community. Water and Sewer Service: Resident acknowledges that water and sewer service are separately metered to the Premises from Apartment. The charges for such earlier date services shall be billed monthly (or at such other time as Landlord, in its sole discretion, shall elect) and shall be payable as Additional Rent. Resident shall be billed and shall be responsible for its pro-rata share of possession. 16.2the charges for such services based on the number of Residents in the Apartment. In the event of any malfunction of the meter for such service, the charge for the Apartment shall be based upon the usage for other Apartments in the Community. Cable TV and/or Internet Service: although this service is provided by the Landlord it is in no way acceptable to withhold rent payment or demand reimbursement of rent paid if the Cable TV and/or Internet Service become unusable due to weather, hardware conflicts, product updates, routine service or any other reason leaving the Resident without ability to access the service. Landlord shall not be liable formay discontinue or alter any service level or aspect of the service at any time, nor shall without notice, without liability and in Landlords sole discretion. Landlord may establish general practices and limits concerning use of services, and Landlord reserves the right to change these general practices and limits at any eviction of Tenant result fromtime, the failure to furnish any utility in its sole discretions, with or service, whether or not such failure is caused by accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actswithout notice.

Utilities and Services. 16.1. Tenant shall obtain in its own name and pay for all water (including directly to the appropriate supplier the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility utilities and services serving the Leased Premises. However, if any services or utilities are jointly metered with other premises as Additional Rent or, in the alternativeproperty, Landlord may, at its option, monitor the usage shall make a reasonable determination of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) 's proportionate share of the cost of such utilities. utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall not be liable for the cost pay such share to Landlord within fifteen (15) days after receipt of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2Landlord's written statement. Landlord shall not be liable for, nor shall in damages or otherwise for any eviction failure or interruption of Tenant result from, the failure to furnish any utility or service, whether or not other Building service and no such failure is caused by accidents; breakage; casualties (or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. In the event of utility "deregulation", Landlord shall choose the service provider. Landlord shall provide water and sewer services to the extent Leased Premises. Notwithstanding anything in this Lease to the contrary, if (i) the restoration of service is entirely within Landlord's control, (ii) Landlord negligently fails to restore such service within a reasonable time, and (iii) the Leased Premises are untenantable (meaning that Tenant is unable to use such space in the normal course of its business for the use permitted under this Lease) for more than five (5) consecutive business days, then Tenant shall notify Landlord (and Landlord's lender, if any) in writing that Tenant intends to abate rent. If service has not caused by been restored within three (3) days o▇ ▇▇▇dlord's receipt of Tenant's notice, then Minimum Annual Rent and Additional Rent shall abate on a per diem basis for each day after such five (5) day perio▇ ▇▇▇ing which the party claiming Force Majeure); Severe Weather Conditions Leased Premises remain untenantable. Such abatement shall be Tenant's sole remedy for Landlord's failure to restore service as set forth above, and Tenant shall not be entitled to damages (consequential or otherwise) as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsa result thereof.

Utilities and Services. 16.1Landlord shall have no obligation to provide utilities or equipment other than the utilities and equipment within the premises as of the commencement date of this lease. Such utilities presently include heat, hot water and electricity. In the instance the Tenant requires additional utilities or equipment, the installation and maintenance thereof shall be the Tenant's sole obligation, provided that such installation shall be subject to the written consent of the Landlord. Tenant shall pay for all water (including the provide at its sole cost to service, repair and replace reverse osmosis, de-ionized expense janitorial and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied sanitation services to the Leased Premises, together with any fees, surcharges . In exchange for the landlord providing janitorial services to the Leased Premises the tenant agrees to grant landlord access to and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay use of Tenant’s Adjusted Share confidential shredding service. Limitations of all charges Landlord’s Liability. Unless caused by an act or omission, or the negligence of such utility jointly metered with other premises as Additional Rent or, in the alternativeLandlord, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for any damage to, or loss of, property in the cost Leased Premises belonging to Tenant, its employees, agents, visitors, licensees or other persons in or about the Leased Premises, or for damage or loss suffered by the business of utilities supplied to Tenant, from any cause whatsoever, including, without limiting the Premises attributable to the time period prior to the Term Commencement Date; providedgenerality thereof, howeversuch damage or loss resulting from fire, thatsteam, if Landlord shall permit Tenant possession smoke, electricity, gas, water, rain, ice or snow, which may leak or flow from or into any part of the Leased Premises, or from the breakage, leakage, obstruction or other defects of the pipes, wires, appliances, plumbing, air-conditioning or lighting fixtures of the same, whether the said damage or injury results from conditions arising upon the Leased Premises prior to or upon other portions of the Term Commencement Date and Tenant uses Building of which the Leased Premises for any purpose are a part, or from other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2sources. Landlord shall not be liable forin any manner to Tenant, nor shall its agents, employees, invitees or visitors for any eviction of Tenant result frominjury or damage to Tenant, the failure to furnish any utility Tenant’s agents, employees, invitees or servicevisitors, whether or not such failure is caused by accidents; breakage; casualties (to the extent not their property, caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikescriminal or intentional misconduct, lockouts or by any act or neglect of third parties or of Tenant, Tenant’s agents, employees, invitees or visitors, or of any other labor disturbances tenant of the Premises. In no event shall Landlord be liable to Tenant for any consequential damages sustained by Tenant arising out of the loss or labor disputes (damage to any property of Tenant other than labor disturbances and labor disputes resulting solely from the actsgross negligence of Landlord.

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet refuse pickup, janitorial service, cable televisioninterior landscape maintenance and all other utilities, other telecommunications materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If any such utility is utilities or services are not separately metered or assessed to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) make a reasonable determination of Tenant's proportionate share of the cost of such utilities. utilities and services and Tenant shall not be liable for pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord's statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the cost definition of utilities supplied to Building Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted manner set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.24.2. Landlord shall not be liable for, nor shall for damages or otherwise for any eviction failure or interruption of Tenant result from, the failure to furnish any utility or serviceother service furnished to the Premises, whether or not and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or abat▇ ▇▇▇ rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees or the inactions of Landlord if Landlord is caused required to act under this Lease, for more than three (3) consecutive business days following written notice to Landlord there is no HVAC service or electricity service to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by accidents; breakage; casualties Tenant, then Tenant's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent not caused by that less than all of the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that Premises are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from affected) shall thereafter be abated until the actsPremises are again useable by

Utilities and Services. 16.1. 16.1 To the extent such items are not included in Operating Expenses, Tenant shall pay for all water water, (including the cost to service, repair repair, replace and replace operate any reverse osmosis, de-ionized osmosis and/or deionized water systems and other treated water), ) gas, heat, light, power, telephone, internet janitorial service, cable televisionrefuse collection, other telecommunications hazardous material collection and other utilities and services supplied to the Demised Premises, together with any fees, surcharges and taxes thereon. Tenant shall also pay for the cost to service, repair, relocate, replumb, replace and operate any gas or liquid distribution systems servicing the Demised Premises including any located in the Building but outside the Demised Premises. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share a reasonable proportion based upon its use of such utility to be determined by Landlord of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. . 16.2 Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable for, nor shall any eviction of Tenant result from, from the failure to furnish any such utility or service, service whether or not such failure is caused by accidents; accident, breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); , repairs, strikes, lockouts or other labor disturbances or labor disputes (of any character, governmental regulation, moratorium or other than labor disturbances and labor disputes resulting solely governmental action, inability despite the exercise of reasonable diligence or by any other cause, including the gross negligence of Landlord. In the event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, nor be relieved from the actsoperation of any covenant or agreement of this Lease. 16.3 Tenant shall pay for, prior to delinquency, any utilities which may be furnished and billed to the Demised Premises during the term of this Lease. 16.4 Tenant shall not, without the prior written consent of Landlord, use any device in the Demised Premises, including, but without limitation, data processing machines (excluding personal computers) and non standard laboratory equipment, which will in any way increase the amount of ventilation, air exchange, gas, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Demised Premises based upon Tenant's Pro Rata Share as set forth in Section 1.2.6 above. 16.5 If Tenant shall require services in excess of that usually furnished or supplied for similar space in the Building, by reason of equipment operated and/or extended hours of business operation, then Tenant shall first procure the consent of Landlord for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services and Tenant's payment as Additional Rent of an amount equal to the cost to provide such excess services and utility capacity. 16.6 Utilities and services provided by Landlord and billed to the Demised Premises shall be paid by Tenant directly to the supplier of such utility or service. 16.7 Landlord shall provide water in Common Areas for drinking and lavatory purposes only, but if Tenant requires, uses or consumes water for any purpose in addition to ordinary drinking and lavatory purposes of which fact Tenant constitutes Landlord to be the sole judge, Landlord may install a water meter and thereby measure Tenant's water consumption for all purposes. Tentant shall pay Landlord for the cost of the meter and the cost of the installation thereof and throughout the duration of Tenant's occupancy, Tenant shall keep said meter and installation equipment in good working order and repair at Tenant's own cost and expense, in default of which Landlord may cause such meter and equipment to be replaced or repaired and collect the cost thereof from Tenant. Tenant agrees to pay for water consumed, as shown on said meter, as and when bills are rendered, and on default in making such payment. Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, or payments made by Landlord for any of the reasons or purposes hereinabove stated shall be deemed to be Additional Rent payment by Tenant and collectible by Landlord as such. 16.8 Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when necessary, by reason of accident or emergency or for repairs, alterations or improvements, in the judgment of Landlord desirable or necessary to be made, until said 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 strike or accident, or by laws, rules, order, ordinances, directions, regulations or requirements of any federal, state, country or municipal authority or failure to deliver gas, oil or other suitable fuel supply or inability by exercise of reasonable diligence to obtain gas, oil or other suitable fuel. 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 a strike or labor trouble or any other cause whatsoever. In the event of fire, earthquake, flood, vandalism, war, storm or similar cause of damage or destruction, this Section shall not apply and the provisions of Article 22 entitled Damage or Destruction shall apply and control. 16.9 Notwithstanding anything to the contrary in this Lease, if as a consequence of (i) a material cessation of utilities required to be provided to the Demised Premises by Landlord, or (ii) the presence of a significant amount of Hazardous Materials which does not result from Tenant's release or emission of such Hazardous Material in or about the Demised Premises in violation of Hazardous Materials Laws, which renders the Demised Premises uninhabitable, and in any of the foregoing cases, Tenant is unable to use the Demised Premises for a continuous and consecutive period of thirty (30) days following written notice by Tenant to Landlord and Landlord's lenders, and Landlord fails or refuses to take any action to correct or otherwise remedy such situation, then Tenant shall be entitled to terminate the Lease upon ten (10) days written notice to Landlord. If the interference persists for more than one hundred eighty (180) consecutive calendar days following written notice to Landlord and Landlord's lender despite Landlord's actions and efforts to correct or remedy such interference, Tenant shall have the right to terminate this Lease upon ten (10) days written notice to Landlord.

Utilities and Services. 16.1. Tenant shall pay for all water (including Throughout the cost Term of the Lease so long as the Premises are occupied, Landlord agrees to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied furnish or cause to be furnished to the Premises, together with any fees, surcharges Premises the utilities and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, services described in the alternativeStandards for Utilities and Services attached hereto as Exhibit "F", Landlord may, at its option, monitor subject to the usage of such utilities by Tenant conditions and charge Tenant in accordance with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rentstandards set forth therein. Landlord may base its bills require Tenant from time to time to provide Landlord with a list of Tenant's employees and/or agents which are authorized by Tenant to subscribe on behalf of Tenant for utilities on reasonable estimates; any additional services which may be provided that by Landlord. Any such additional services will be provided to Tenant at Tenant's cost. Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall will not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 of the foregoing utilities and services if such failure is caused by accidents; breakage; casualties all or any of the following: (i) accident, breakage or repairs except to the extent not caused by the party claiming Force Majeure)Landlord's negligence; Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); ii) strikes, lockouts or other labor disturbances disturbance or labor disputes dispute of any character; (iii) governmental regulation, moratorium or other than labor disturbances governmental action or inaction; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; (v) service interruptions or any other unavailability of utilities resulting from causes beyond Landlord's control, including, without limitation, any utility service provider initiated "▇▇▇▇▇-out" or "black-out"; or (vi) any other cause beyond Landlord's reasonable control. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant will result from such failure and labor disputes resulting solely Tenant will not be relieved from the actsperformance of any covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, either by operating extended hours or intensive demand, Landlord may at its option require Tenant to pay, as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage (including, without limitation, costs of replacing light bulbs more often than normal and costs of extra janitorial services) and/or Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and Tenant agrees thereafter to pay all charges of the utility providing service and Landlord will make an appropriate adjustment to Tenant's Utilities Costs calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Utilities Costs subject to such adjustment.

Utilities and Services. 16.1a) Landlord shall furnish the Premises with electricity, heating and air conditioning for the normal use and occupancy of the Premises as general offices between 8:00 a.m. and 6:00 p.m., Monday through Friday, of each week during the Term (Building Holidays excepted). Tenant agrees to pay as Additional Rent all charges for electricity, light, heat or other utility used by Tenant at the Premises. A separate submeter has been installed and Tenant shall pay for the consumption of such utilities based upon its metered usage. If no meter is installed, Tenant shall pay its Proportionate Share of any utility charges covering the Demised Premises and the remainder of the Building. Tenant shall pay all bills for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenantutility usage within ten (10) days after receipt thereof, Tenant shall pay Tenant’s Adjusted Share of all charges and any non-payment or late payment of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost bills shall be paid deemed a default under the terms of this Lease. All charges for repairs of any meters servicing the Premises shall be payable by Tenant as Additional RentRent and shall be paid when the same shall become due. Notwithstanding anything to the contrary contained in this Lease, Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part shall upgrade the electric service to the Building in order to provide the Premises with 1200 amps which upgrade shall be done at Landlord's sole cost and expense. b) Within the Common Facilities of the next Landlord’s Statement to reflect the actual cost of providing utilities to the PremisesBuilding, Landlord shall furnish reasonably: (i) adequate electricity, (ii) hot and cold water, (iii) lavatory supplies, (iv) automatically operated elevator service, (v) normal and customary cleaning services (on a five-day a week basis) after business hours, (vi) heat and air conditioning in season, (vii) landscaping, (viii) parking lot maintenance, (ix) common area maintenance and (x) snow and ice removal. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord be responsible for Tenant’s Adjusted its Proportionate Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilitiesservices in accordance with Section 6(b) hereof. Landlord shall provide janitorial service to the Premises, five days per week, after regular business hours, in accordance with the janitorial specifications attached hereto as Exhibits F, and the costs of such service will be passed through to Tenant as set forth in Section 6. c) Except as otherwise expressly provided herein, Landlord shall not be liable for any damages to Tenant resulting from the cost quality, quantity, failure, unavailability or disruption of utilities supplied any services beyond the reasonable control of Landlord and the same shall not constitute a termination of this Lease or an actual or constructive eviction or entitle Tenant to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession an abatement of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2rent. Landlord shall not be liable forresponsible for providing any services not specifically provided for in this Lease. Notwithstanding anything to the contrary contained herein, nor in the event there is any failure or defect in service furnished to the Premises by Landlord's direct control (as opposed to a public service utility company) or Landlord determines to make any repairs, additions, alterations, replacements, decorations or improvements in the Building or the Demised Premises, and Tenant shall any eviction of Tenant result frombe unable for at least seventy-two (72) hours to operate its business in the Premises in substantially the same manner as such business was operated prior to such interruption, the failure Fixed Basic Rent and Additional Rent shall be reduced on a per diem basis in their proportion in which the area of the untenantable portion of the Premises (i.e., the portion of the Premises in which Tenant is unable to furnish any utility or service, whether or not operate its business in substantially the same manner as such failure is caused by accidents; breakage; casualties (business was operated prior to such interruption) bears to the extent not caused by total area of the party claiming Force Majeure); Severe Weather Conditions Premises, for each day subsequent to the aforesaid seventy-two (as defined below); physical natural disasters 72) hour period that such portion of the Premises remains unusable. If any such interruption continues for a period in excess of thirty (but excluding weather conditions that are not Severe Weather Conditions); strikes30) days, lockouts or other labor disturbances or labor disputes (other than labor disturbances Tenant shall have the right to terminate this Lease upon notice to Landlord. Tenant, its agents, employees and labor disputes resulting solely from licensees shall have access to the actspremises 24 hours per day, 7 days per week.

Utilities and Services. 16.1(a) Subtenant shall be entitled to all those services and utilities which Prime Landlord is required to provide under the terms of the Prime Lease. Tenant Subtenant shall look solely to the Prime Landlord for the provision of such services and utilities, and Sublandlord shall not be responsible for Prime Landlord’s failure to provide the same nor shall any such failure constitute an abrogation of any other terms or conditions of this Sublease. Subtenant shall pay 100% of Sublandlord’s charges for all water (including Building 3 utilities under the Prime Lease directly to Prime Landlord. To the extent that Prime Landlord charges Sublandlord for any services or utilities or increases the cost of such services or utilities and such charge or increase is due to serviceSubtenant’s use of the Subleased Premises or such utilities or services, repair Subtenant agrees to pay the charges therefore promptly upon receipt of Sublandlord’s ▇▇▇▇. (b) Sublandlord and replace reverse osmosisSubtenant acknowledge and agree that, de-ionized and other treated water)pursuant to Paragraph 11.2 of the Prime Lease, gasSublandlord is entitled to a proportionate abatement of Rent due under the Prime Lease if the Premises are rendered untenantable, heatin whole or in part, lightfor a period of two (2) consecutive business days (“Eligibility Period”) by the making of repairs, power, telephone, internet service, cable television, other telecommunications and other utilities supplied replacements or additions by Prime Landlord that interrupt utility services to the Premises. Sublandlord and Subtenant agree that if the Base Rent due under the Prime Lease is abated pursuant to the terms of Paragraph 11.2 of the Prime Lease, together with any feesand the Subleased Premises are untenantable in whole or in part for a period equal to or greater than the “Eligibility Period”, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant then the Base Rent due hereunder shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇also ▇▇▇▇▇ promptly thereafter or as part in proportion to the rentable square footage of the next Landlord’s Statement to reflect the actual cost of providing utilities Subleased Premises which is untenantable, bears to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy total rentable square footage of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or ProjectSubleased Premises, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely Sublandlord is similarly excused from the actsobligation to pay rent for such portion of the Sublet Space under the Prime Lease.

Utilities and Services. 16.1(ii) During the Rent Term Landlord agrees to furnish to Tenant annually an itemized a. Tenant agrees to pay for all utility and statement in reasonable detail setting forth the total costs other services and materials rendered or furnished to the referred to in subparagraphs (a), (b) and (c) above for each Premises, including, but not limited to, heat, water, gas, calendar year. Based on said itemized statement Landlord electricity, telephone, power, trash removal, garbage and shall make adjustments for underpayment of said expenses, other waste removal, cleaning, maintenance and janitorial which underpayment Tenant shall pay with Tenant’s next services, sewer rent, sewage treatment facility charges, monthly payment of said costs, and for all water (including overpayments of said drainage fees, street cleaning fees and the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premiseslike, together with any feescosts, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant which overpayment shall pay be credited against Tenant’s Adjusted Share its share of all taxes and governmental charges levied on next monthly payment of said costs. such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rentutilities. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninetyBedding\2012-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession.12-3 HDI Lease 16.2. b. Landlord shall not be liable forto Tenant for Tenant shall not make any alterations to the any interruption in service of water, nor electricity, heating, air Premises without Landlord’s prior written consent. Any conditioning or other utilities and services caused by an alterations made shall remain on and be surrendered with unavoidable delay, by the making of any eviction necessary repairs the Premises on expiration or termination of this Lease, or improvements, or by any cause beyond Landlord’s except that Landlord can elect within twenty-five (25) days reasonable control. before expiration of this Lease, or upon termination thereof, to require Tenant result fromto remove any alterations that Tenant has c. Tenant agrees that it will not install any made to the Premises. If Landlord so elects, Tenant, at its equipment which will exceed or overload the capacity of any expense, shall restore the Premises to the original condition, utility facilities and that if any equipment installed by Tenant or to such other condition as agreed between the parities, shall require additional utility facilities, the failure same shall be before the last day of this Lease, or within thirty (30) days installed at Tenant’s expense in accordance with plans and after notice of election is given, whichever is later. specifications to furnish any utility or servicebe approved in writing by Landlord. Notwithstanding the foregoing, whether or not such failure is caused by accidents; breakage; casualties (Tenant shall have the right to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikesconnect its equipment to water, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actswastewater and

Utilities and Services. 16.1. During any period of the Term that Tenant is no longer the Sole Occupant and that Landlord becomes responsible for the day-to-day maintenance of the Project, Landlord shall pay for all water (including provide as Operating Expenses, subject to the cost to serviceterms of this Section 7.2, repair and replace reverse osmosiswater, de-ionized and other treated water), gaselectricity, heat, light, power, telephoneHVAC, internet servicesewer, cable television, other telecommunications and other utilities supplied (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services for the Common Areas (collectively, “Utilities”). In such event, Landlord may either require Tenant to continue procuring all such Utilities for its own account (and arrange for, at Tenant’s expense, all metering necessary to ensure all such Utilities are separately metered to the Premises), together or Landlord may procure such Utilities for the Premises and charge the costs thereof to Tenant as Operating Expenses (provided Landlord may later elect, in Landlord’s sole discretion, to require such Utilities to be separately metered and obtained directly by Tenant). Except as provided for in the preceding two (2) sentences, Tenant shall be responsible for the provision of Utilities to the Project. For so long as Tenant is the Sole Occupant, Tenant shall contract directly with any feesutility providers for all Utilities required by Tenant for the Premises following the Delivery Date and continuing during the Term. Landlord shall cooperate with Tenant, surcharges and taxes thereonat no cost to Landlord, in making such arrangement with the Utility providers. If any such utility is not separately metered billed directly to Tenant, Tenant shall pay Tenant’s Adjusted Share of directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Premises during the Term and shall pay for all maintenance charges of such utility jointly metered with for Utilities, and any storm sewer charges or other premises as Additional Rent orsimilar charges for Utilities imposed by any Governmental Authority or Utility provider, in the alternativeand any taxes, Landlord maypenalties, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter surcharges or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premisessimilar charges thereon. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilitiesUtilities, then maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall pay reimburse Landlord for Tenant’s Adjusted Share of such utilities to reflect such excesscosts as Operating Expenses. In the event that the Building or Project is less than fully occupied during a calendar yearAdditionally, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to obtaining and paying for its own janitorial services for the Premises from such earlier date of possessionwhich in no event shall be less than five (5) days per week and with specifications comparable to Comparable Buildings. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts

Utilities and Services. 16.1. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, internet telecommunication service, cable televisionrefuse pickup, janitorial service, interior landscape maintenance and all other telecommunications utilities, materials and other utilities supplied services furnished directly to Tenant or the PremisesPremises or used by Tenant in, on or about the Premises during the Term, together with any fees, surcharges and taxes thereon. If any such utility is utilities or services are not separately metered or assessed to Tenant, Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of such utilities and services, including without limitation, after-hours HVAC usage, and Tenant shall pay such amount to Landlord, as an item of additional rent, within ten (10) days after receipt of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s Adjusted Share of all charges proportionate share of such utility jointly metered with other premises as Additional Rent or, costs in the alternativemanner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, Landlord may, at its option, monitor the usage within ten (10) days after receipt of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter Landlord’s statement or invoice therefore or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than “Project costs”, any after-hours HVAC usage charges incurred by Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. Landlord shall not be liable for, nor shall for damages or otherwise for any eviction failure or interruption of Tenant result from, the failure to furnish any utility or serviceother service furnished to the Premises, whether or not and no such failure is caused by accidents; breakage; casualties (or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to the extent not caused Building and Premises to install, maintain, repair, replace or remove all electrical and mechanical installations of Landlord. Tenant acknowledges that the costs incurred by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikesLandlord related to providing above-standard utilities to Tenant, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsincluding, without limitation, telephone lines, may be charged to Tenant.

Utilities and Services. 16.1(a) Landlord's Duties. Provided that Tenant shall pay is not in default under this ----------------- Lease beyond any applicable cure period, Landlord will provide the following services: (i) Maintain normal and usual Building business hours, Monday through Friday, from 6:00 a.m. to 6:00 p.m. and on Saturday from 8:00 a.m. to 1:00 p.m.; Sundays and holidays excepted (the "Building Business Hours"). (ii) Furnish utilities to provide for all water (including the cost to servicelighting, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, convenience power, telephone, internet service, cable television, other telecommunications and other utilities supplied to heat and air conditioning during such Building Business Hours for the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share comfortable occupancy of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent Such utilities shall also be available after Building Business Hours provided that utilities used by Tenant uses more during other than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than Business Hours shall be billed to Tenant at the hourly rate charged by Landlord (but without profit to Landlord). Tenant agrees to cooperate fully occupied during a calendar yearat all times with Landlord, Tenant acknowledges that and to abide by all reasonable regulations and requirements which Landlord may extrapolate utility usage prescribe for the proper function and protection of said air conditioning system. Tenant agrees not to connect any apparatus, device, conduit or pipe to the Building chilled and hot water air conditioning supply lines. Tenant further agrees that varies depending on the occupancy neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter mechanical installations or facilities of the Building or Project adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system shall be charged to Tenant if the need for maintenance work results from either Tenant's adjustment of room thermostats or Tenant's failure to comply with its obligations under this Section 8. (as applicableiii) Provide twenty-four (24) hour per day, three hundred sixty- five (365) day per year access to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that and Premises without prior notice to Landlord. Landlord shall not recover more than one hundred percent (100%) of the provide Tenant with sufficient keys or access devices for Tenant's employees. The cost of such utilities. Tenant keys or access devices shall not be liable for the cost of utilities supplied paid as provided in Section 9(l). (iv) Provide non-attended passenger elevator facilities (if applicable) during all working days (Saturday, Sunday and holidays one elevator subject to call). (v) Provide janitorial service to the Premises attributable five (5) days per week (Sunday through Thursday, except national holidays) in accordance with the Janitorial Standards described in Exhibit "H", provided the same are kept ----------- reasonably in order by Tenant. Any and all additional janitorial service desired by Tenant shall be contracted for by Tenant directly with Landlord's janitorial agent, and the cost and payment thereof shall be Tenant's responsibility. (vi) Provide water for drinking, lavatory and toilet purposes drawn through fixtures installed by Landlord. (vii) Payment for all services rendered under this Section 8 shall be in accordance with Section 8 of this Lease. (viii) Utilities or services provided to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession in excess of the Premises prior services provided herein, or other than during the Building Business Hours described herein, shall be charged to Tenant as Additional Rent at reasonable rates established by Landlord as to services and as set forth in Section 8(a)ii) as to utilities, and shall be payable monthly. (ix) Except as provided in Section 9(p), Landlord shall, as of the Term Commencement Date and throughout the entire term of this Lease, comply with the provisions of the Americans with Disabilities Act ("ADA") as regards the Building, Land and Common Areas. Landlord reserves the right to object to and appeal any determination that it must take any specific action to comply with the ADA; provided Landlord shall hold Tenant uses the Premises for harmless from any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the adverse effects or cost of utilities supplied to the Premises from such earlier date of possessionobjection or appeal. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts

Utilities and Services. 16.1Tenant shall make all arrangements for and pay for all utilities and services furnished to or used by it including, without limitation, electricity, telephone service, and for all connection charges except for those utilities and services Landlord is to furnish the premises under the following paragraph. Landlord shall furnish to the premises reasonable quantities of water as required for Tenant's use and provide customary trash collection to the premises. Landlord shall also provide electricity and gas needed for elevator service, common area and exterior lighting and for heating, ventilating and air conditioning to the extent that the latter is not separately metered for the premises. Such utilities and services shall be furnished to the premises at all times during the term. If Tenant's utility or service requirements increase, or its requirements change as of the date the term commences, Tenant shall be required to pay the increased cost of utilities or services. If Landlord is required to construct new or additional utility installations including, without limitation, wiring, plumbing, conduits and mains resulting from Tenant's changed or increased utility requirements, Tenant shall on demand pay to Landlord the total cost of these items. Landlord shall provide heating, ventilating, and air conditioning systems in sufficient quantities to provide a reasonably comfortable working environment within the premises as part of the tenant improvements. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2costs associated with those systems. Landlord shall not be liable for, nor shall any eviction of Tenant result from, the for failure to furnish any utility utilities or service, whether or not such failure is caused by accidents; breakage; casualties (services to the extent not caused premises when the failure results from causes beyond Landlord's reasonable control. In case of a failure, Landlord will take all reasonable steps to restore the interrupted utilities and services. Pursuant to paragraph 3, Tenant shall reimburse Landlord on a monthly basis for Landlord's costs in furnishing utilities and services to the premises. The cost of furnishing utilities and services to the premises shall be FIFTY-SIX AND EIGHT TENTHS PERCENT (56.8%) of the entire cost of the utilities and services furnished by Landlord to the party claiming Force Majeure); Severe Weather Conditions building and the land on which the premises are located, subject to first year cap of $0.35 per square foot per month. Landlord can discontinue, upon five (5) days prior written notice to Tenant, any of the utilities and services furnished to the premises for which Tenant fails to pay as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikesprovided in this paragraph, lockouts and no such discontinuance shall be deemed an actual or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsconstructive eviction.

Utilities and Services. 16.1. Provided that Tenant shall pay for all water (including is not in default hereunder, Landlord agrees, during the cost Lease term, to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied furnish to the Premises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or Premises as part of the next Operating Expenses during those hours set forth in the Rules and Regulations as defined in Paragraph 31 hereof, as may be amended in writing by Landlord from time to time during the term of this Lease and delivered to Tenant, reasonable quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required in Landlord’s Statement to reflect 's judgment for the actual cost comfortable use and occupation of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share , janitorial service (including washing of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (windows with reasonable frequency as applicabledetermined by Landlord) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninetyand elevator service by non-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2attended automatic elevators. Landlord shall not be liable for, nor and Tenant shall not be entitled to any eviction abatement or reduction of Tenant result from, the rent by reason of Landlord's failure to furnish any utility or service, whether or not of the foregoing when such failure is caused by accidents; accident, breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); , repairs, strikes, lockouts or other labor disturbances or labor disputes (of any character, or for any other causes. If Tenant requires or utilizes more water or electric power than labor disturbances is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to pay, as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and labor disputes resulting solely from Tenant thereafter shall pay all charges of the actsutility providing service. Tenant specifically undertakes to install and maintain at Tenant's cost such fire protection equipment including, without limitation, emergency lighting as required by any governmental authority or insurer, and if so required, Tenant shall appoint one of Tenant's personnel to coordinate with the fire protection facilities and personnel of Landlord. Any incandescent light bulbs used in the Premises shall be paid for the Tenant. Upon Tenant's request, Landlord's personnel shall install incandescent light bulbs or other Building Nonstandard bulbs in the Premises. Tenant agrees to pay Landlord upon demand Landlord's cost for all such incandescent light bulbs installed or other Building Nonstandard improvements including but not limited to metallic trim, wood floor covering, glass panels, windows, partitions, kitchens and executive washrooms in the Premises. Landlord shall not be responsible in any manner for said maintenance, cleaning and repair.

Utilities and Services. 16.1. Tenant (a) Lessee shall contract for and pay for all separately metered electricity, water (including and gas, and Lessor shall contract for and pay for, and ▇▇▇▇▇▇ shall reimburse Lessor therefor pursuant to Paragraph 6 as an Operating Expense pursuant to the cost to serviceprovisions of Paragraph 6, repair and replace reverse osmosis, de-ionized and other treated water)all common area electricity, gas, heatwater, lightsewer, powerutility and other service charges. Lessee shall contract for and pay for janitorial service, refuse pick-up and any telephone, internet servicedata or other communications services, cable televisionany special utilities that serve only the Premises (e.g., other telecommunications and other utilities supplied distilled water, process gasses, etc.). (b) Lessor shall not be liable to Lessee for any interruption or failure of any utility services to the PremisesBuilding or the Premises unless caused by the active negligence or willful acts of Lessor. Lessee shall not be relieved from the performance of any covenant or agreement in this Lease because of any such failure. Lessor shall make all repairs to the Premises required to restore such services to the Premises and the cost thereof shall be payable by Lessee pursuant to Paragraph 6 as a current Operating Expense, or as a capital improvement which is amortized over its useful life (together with any feesinterest thereon) as an Operating Expense in accordance with generally accepted accounting principles as described in Paragraph 6(b); provided, surcharges and taxes thereon. If however, that Lessee shall have the option to pay for Lessee’s Pro Rata Share of any such utility improvement as a single lump-sum payment to avoid future interest costs described therein, and further provided that if such failure is caused by the active negligence or willful acts of Lessor, then Lessor shall bear such costs. Notwithstanding anything to the contrary contained in this Lease, if Lessee is prevented from using, and does not separately metered use, the Premises or any portion thereof, for thirty (30) consecutive days (the “Eligibility Period”), as a result of (i) any failure by Lessor to Tenantprovide to the Premises any of the essential utilities and services required to be provided by Lessor pursuant to this Lease, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in or (ii) any failure by Lessor to provide access to the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, Premises (each failure which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such an “Interruption”), then ▇▇▇▇▇▇▇▇ promptly thereafter ’s obligation to pay Rent shall be abated, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Lessee continues to be so prevented from using, and does not use, the Premises or a portion thereof as part a result of the next Landlord’s Statement to reflect Interruption, in the actual cost proportion that the rentable square feet of providing utilities the portion of the Premises that Lessee is prevented from using, and does not use in the Premises bears to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy total rentable square feet of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar yearPremises; provided, however, that Landlord Lessee shall not recover more than one hundred percent only be entitled to such abatement of Rent if the Interruption described in clauses (100%i) or (ii) of the cost this sentence arises out of such utilities. Tenant or results from Lessor’s active negligence or willful misconduct; provided, further, that Lessee shall not be liable for the cost entitled to abatement or reduction of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidents; breakage; casualties (Rent to the extent the matters described in clauses (i) or (ii) above arise out of or results from an Interruption outside of Lessor’s reasonable control. To the extent ▇▇▇▇▇▇ shall be entitled to abatement of Rent because of a Casualty pursuant to Paragraph 21 or a taking pursuant to Paragraph 22, then the terms of this Paragraph 16(b) shall not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsapply.

Utilities and Services. 16.1(a) Tenant shall connect to, and become a direct customer of the local utility, for any utility services provided to the Premises. Tenant shall pay for pay, on or before the due date, all water charges imposed by such utility. (including the cost to servicei) At Landlord's sole option, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet service, cable television, other telecommunications and other utilities supplied to the Premises, together with it may provide any fees, surcharges and taxes thereon. If any such utility is not separately metered service directly to Tenant, Tenant shall pay Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with for the costs of such service at a rate no greater than that which Tenant would pay if it were a direct customer of such utility. In such event, such sum shall be due and payable as additional rent hereunder. (ii) Tenant's usage of any utility shall be measured either by separate meter, or, if no separate meter is available, by an alternative means determined by Landlord. The cost of any meter(s) as well as the cost of purchasing, installing installation and monitoring such metering equipment, which cost repair and replacement of any meter(s) shall be paid borne by Tenant which shall reimburse Landlord for the cost thereof within thirty days after receipt of written demand therefor. (c) Landlord reserves the right to stop the supply of water, sewage, electrical current, parking, and other services, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord desirable or necessary, or when prevented from supplying such services by strikes, lockouts, difficulty of obtaining materials, accidents or any other cause beyond Landlord's control, or by laws, orders or inability by exercise of reasonable diligence to obtain electricity, water, steam, coal, oil or other suitable fuel or power. No diminution or abatement of Rent or other compensation shall or will be claimed by Tenant as Additional Renta result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment or suspension. Landlord may base its bills However, if such interruption, curtailment or suspension continues for utilities on reasonable estimates; provided that Landlord adjusts such either three consecutive days or any ten days within a thirty-day period, Tenant’s Rent shall a▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts

Utilities and Services. 16.1. Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. Power shall be separately sub-metered to Tenant. If any such other utility is not separately metered or sub-metered to Tenant, Tenant shall pay Tenant’s Pro Rata Share, or if applicable, Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses commences business operations in the Premises for any purpose other than as expressly permitted in Section 4.3Premises, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessiondate. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsacts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s negligence. In the event of such failure, Tenant shall not be entitled to termination of this Lease or, except as set forth in this Section, any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at the applicable time based on historic meteorological records. Notwithstanding anything to the contrary in this Lease, if, for more than five (5) consecutive business days following written notice to Landlord and as a direct result of Landlord’s gross negligence or willful misconduct (and except to the extent that such failure is caused by any other factor, including any action or inaction of a Tenant Party (as defined below)), the provision of HVAC or other utilities to all or a material portion of the Premises that Landlord must provide pursuant to this Lease is interrupted (a “Material Services Failure”), then Tenant’s Base Rent and Operating Expenses (or, to the extent that less than all of the Premises are affected, a proportionate amount (based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Operating Expenses) shall thereafter be abated until the Premises are again usable by Tenant for the Permitted Use; provided, however, that, if Landlord is diligently pursuing the restoration of such HVAC and other utilities and Landlord provides substitute HVAC and other utilities reasonably suitable for Tenant’s continued use and occupancy of the Premises for the Permitted Use (e.g., supplying potable water or portable air conditioning equipment), then neither Base Rent nor Operating Expenses shall be abated. During any Material Services Failure, Tenant will cooperate with Landlord to arrange for the provision of any interrupted utility services on an interim basis via temporary measures until final corrective measures can be accomplished, and Tenant will permit Landlord the necessary access to the Premises to remedy such Material Service Failure. In the event of any interruption of HVAC or other utilities that Landlord must provide pursuant to this Lease, regardless of the cause, Landlord shall diligently pursue the restoration of such HVAC and other utilities. Notwithstanding anything in this Lease to the contrary, but subject to Article 24 (which shall govern in the event of a casualty), the provisions of this Section shall be Tenant’s sole recourse and remedy in the event of an interruption of HVAC or other utilities to the Premises, including related to Section 16.8.

Utilities and Services. 16.1. 16.1 Tenant shall pay for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), 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. Power and HVAC shall be separately submetered to Tenant as part of the Tenant Improvements. If any such other utility is not separately metered or sub-metered to Tenant, Tenant shall pay Tenant’s Pro Rata Share, or if applicable, Tenant’s Adjusted Share of all charges of such utility jointly metered with other premises as Additional Rent or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ promptly thereafter or as part of the next Landlord’s Statement to reflect the actual cost of providing utilities to the Premises. To the extent that Tenant uses more than Tenant’s Pro Rata Share of any utilities, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) of the cost of such utilities. Tenant shall not be liable for the cost of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than placement of personal property as expressly permitted set forth in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possession. 16.2. 16.2 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the actsacts or omissions of the party claiming Force Majeure); acts of terrorism; riots or civil disturbances; wars or insurrections; shortages of materials (which shortages are not unique to the party claiming Force Majeure); government regulations, moratoria or other governmental actions, inactions or delays; failures by third parties to deliver gas, oil or another suitable fuel supply, or inability of the party claiming Force Majeure, by exercise of reasonable diligence, to obtain gas, oil or another suitable fuel; or other causes beyond the reasonable control of the party claiming that Force Majeure has occurred (collectively, “Force Majeure”); or, to the extent permitted by Applicable Laws, Landlord’s ordinary negligence (but not, for clarity, gross negligence). In the event of such failure, 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. “Severe Weather Conditions” means weather conditions that are materially worse than those that reasonably would be anticipated for the Property at the applicable time based on historic meteorological records.

Utilities and Services. 16.1(a) Landlord agrees to provide water, gas and electricity service connections to the Building. Tenant shall pay to bring such utilities to the Premises and for all water (including the cost to service, repair and replace reverse osmosis, de-ionized and other treated water), gas, heat, light, power, telephone, internet servicesewer, cable television, other telecommunications sprinkler charges and other utilities supplied to and services used on or from the Premises, together with any feestaxes, penalties, surcharges or the like pertaining thereto and taxes thereonany maintenance charges for utilities. If any such To the extent possible, all utility is not services will be separately metered to the Premises; provided that all utilities shall remain in Landlord’s name. Other than telephone service, which shall be contracted for directly by Tenant, all costs associated with the provision of utility services to the Premises will be billed directly by Landlord to Tenant and paid by Tenant within 30 days after receipt of such billing. Landlord shall have the right at any time and from time-to-time during the Lease Term to designate the provider of electrical service to the Project as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall pay cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, wiring, and any other machinery within the Premises. Tenant’s Adjusted Share use of all charges electrical services shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of such utility jointly metered with other premises as Additional Rent or, in the alternativeBuilding standard, Landlord maymay refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects, at its option, monitor the and all such additional usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid for by Tenant as Additional Rent. . (b) Except as otherwise expressly provided herein, the failure by Landlord may base its bills for to any extent to furnish utility services, or the interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, force majeure, unavailability of utilities on from a service provider, interruptions of utilities caused by repairs, construction, or any other causes beyond the reasonable estimates; provided that control of Landlord adjusts such ▇▇▇shall not render Landlord liable in any respect nor be construed as an eviction of Tenant, nor cause an abatement of rent, nor relieve T▇▇▇▇▇ promptly thereafter from the obligation to fulfill any covenant or as part agreement hereof. Should any of the next Landlord’s Statement equipment or machinery used in the provision of such services for any cause cease to reflect the actual cost function properly, Landlord shall use reasonable diligence to repair such equipment or machinery but, except as otherwise expressly provided herein, Tenant shall have no claim for offset or abatement of providing utilities rent or damages on account of an interruption in service thereby or resulting therefrom. Tenant shall have primary responsibility for security with respect to the Premises. To Office of the extent that Tenant uses more than General Counsel Industrial Lease for Energy Research Park (ERP) 5 OGC-S-2017-04 Created 09.30.2016 (c) Landlord shall, at Tenant’s Pro Rata Share of any utilitiessole cost and expense, then Tenant shall pay Landlord for Tenant’s Adjusted Share of such utilities provide janitorial service to reflect such excess. In the event that the Building or Project is less than fully occupied during a calendar year, Tenant acknowledges that Landlord may extrapolate utility usage that varies depending on the occupancy office areas of the Building or Project (as applicable) to equal Landlord’s reasonable estimate of what such utility usage would have been had Premises and contract for trash removal and pest control for the Building or Project, as applicable, been ninety-five percent (95%) occupied during such calendar year; provided, however, that Landlord shall not recover more than one hundred percent (100%) office areas of the cost Premises. Janitorial service and trash removal within the laboratory areas of such utilitiesthe Premises is not provided by the Landlord and is the sole responsibility of the Tenant. Tenant shall not be liable reimburse Landlord for the cost such services within thirty (30) days after receipt of utilities supplied to the Premises attributable to the time period prior to the Term Commencement Date; provided, however, that, if Landlord shall permit Tenant possession of the Premises prior to the Term Commencement Date and Tenant uses the Premises for any purpose other than as expressly permitted in Section 4.3, then Tenant shall be responsible for the cost of utilities supplied to the Premises from such earlier date of possessionan invoice therefor. 16.2. 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 accidents; breakage; casualties (to the extent not caused by the party claiming Force Majeure); Severe Weather Conditions (as defined below); physical natural disasters (but excluding weather conditions that are not Severe Weather Conditions); strikes, lockouts or other labor disturbances or labor disputes (other than labor disturbances and labor disputes resulting solely from the acts