Common use of Utilities and Services Clause in Contracts

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior 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. Landlord shall not be liable for 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 ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant represents that it is familiar with the standards for all utilities servicing the Premises, including, without limitation, the capacity of the feeders to the Building and the risers and wiring installations and standards set forth in attached Exhibit D. Tenant shall be responsible contract directly with all utility companies and similar providers for utilities and shall pay promptly, directly services to the appropriate supplierPremises and pay directly for all such services (which shall include, without limitation, all charges for water, gas, electricity, sewer, heatelectrical, lightcable and other electronic data transmission services), power, telephone, refuse pickup, janitorial service, interior 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. Landlord shall not be liable for damages or otherwise for have no obligation to provide 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 ▇▇▇▇▇ any rent due hereunderservices. Notwithstanding the foregoing, if as a result any installation of utility lines, including, without limitation, Building Cable whether or not through any existing conduits or risers, and any trenching over the actions Premises to install wiring or cable, whether or not over existing utility easements, shall be considered an alteration to the Building Structure and Systems. Unless directly caused by the gross active negligence or the intentional misconduct of Landlord, its agents, contractors the interruption of any utilities or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the PremisesBuilding shall not result in any liability of Landlord, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there Tenant shall not be an entitled to any abatement or reduction of Basic Rentrent by reason of such failure (whether such failure affects HVAC services or otherwise), no eviction of Tenant shall result from such failure, and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease because of such failure. Any disputes concerning such interruption shall include, without limitation, failure of services caused by (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action; (iv) inability despite the foregoing shall be resolved by JAMS arbitration pursuant exercise of reasonable diligence to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage toobtain electricity, water or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours fuel; or (except in cases of emergency), have free access to all electrical and mechanical installations of v) any other cause beyond Landlord’s reasonable control.

Utilities and Services. A. Tenant shall be responsible contract for and shall pay promptly, directly to the appropriate supplier, in a prompt and timely manner for all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials utilities and services furnished directly supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Term of this Lease. B. Landlord shall not be liable for damages for, and Tenant shall not be entitled to, any abatement or otherwise for any failure or interruption reduction of any amounts owing hereunder by reason of the failure of any utilities and/or services when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or disputes of any character, or by any other cause, similar or dissimilar, including, without limitation, any governmental energy conservation program, and any such failure shall not constitute or be construed as a constructive or other eviction of Tenant. In the event any governmental entity promulgates or revises any law applicable to the Building, or any part thereof, relating to the use or conservation of energy, water, gas, light, or electricity, or relating to the reduction of automobile or other emissions, or the provision of any other utility or other service furnished provided with respect to this Lease, or in the event Landlord makes improvements to the PremisesBuilding or any part thereof in order to comply with such a law, whether the law is mandatory or voluntary, Tenant shall comply with such law or make such improvements to the Building or any part thereof related thereto. Such compliance and the making of such improvements shall in no such failure or interruption shall be deemed an eviction or event entitle Tenant to terminate this Lease any damages, relieve Tenant of the obligation to pay Rent or withhold any other amounts reserved or ▇▇▇▇▇ any rent due payable hereunder. Notwithstanding the foregoing, if or constitute or be construed as a result constructive or other eviction of Tenant. C. Landlord makes no representation regarding the adequacy or fitness of the actions HVAC equipment in the Building to maintain temperatures that may be required for any equipment of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable shall have no liability for Tenant’s purposes, as for example, bringing damage suffered by Tenant or others in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordconnection therewith.

Utilities and Services. 16.1. Tenant shall be responsible pay for all water (including the cost to service, repair and shall pay promptlyreplace reverse osmosis, directly to the appropriate supplier, all charges for de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay a pro rata proportion (to be reasonably determined by Landlord) of all charges of such utility jointly metered with other premises as part of Tenant’s Pro Rata Share of Operating Expenses or, in the alternative, (a) Landlord may choose to monitor the usage of such utilities by Tenant at Landlord’s own cost and expense or (b) Tenant may choose to monitor its usage of such utilities, in which case, Landlord shall 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 shall not be liable for damages for, nor shall any eviction of Tenant result from the failure to furnish any such utility or otherwise for any service, whether or not such failure is caused by accident; breakage; repair; strike, lockout or interruption 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; or Landlord’s inability, despite the exercise of reasonable diligence or by any other cause, including Landlord’s negligence, to furnish any such utility or other service furnished (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 Premisesoperation of any covenant or agreement of this Lease; provided, and no however, that if such failure is solely due to Landlord’s gross negligence or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, willful misconduct and continues for more than three five (35) consecutive business days following after Landlord receives written notice of such failure, then Rent to Landlordbe paid by Tenant under this Lease shall be abated, there is no HVAC or electricity services for the period beginning at the end of such five (5) business day period and ending when such failure ceases to exist, proportionately based on the Premises, or such an interruption extent to which Tenant’s use of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenantis impaired during the period of such failure, unless Landlord provides Tenant with other space during the period of failure that, in Tenant’s judgment reasonably exercisedreasonable opinion, is suitable for the temporary conduct of Tenant’s business. 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) materially 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. 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 TenantTenant shall first procure Landlord’s Basic 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 shall thereafter be abated until 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 again usable separately metered shall be paid by TenantTenant 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 is diligently pursuing 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 for all purposes. Tenant shall pay Landlord for the repair costs of such utilities 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 services 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. 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 provides substitute services reasonably 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’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement deemed breached if Landlord is unable to furnish or perform the same by virtue of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of LandlordForce Majeure.

Utilities and Services. Landlord and Tenant shall be responsible for to furnish those utilities and shall pay promptly, directly services to the appropriate supplierPremises to the extent provided in Exhibit C, all charges for watersubject to the conditions and payment obligations and standards set forth in this Lease. Landlord’s failure to furnish, gasor any interruption, electricitydiminishment or termination of, sewerservices due to the application of laws, heatthe failure of any equipment, lightthe performance of repairs, powerimprovements or alterations, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant utility interruptions or the Premises occurrence of an event of force majeure (defined in Section 20.8) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or used by Tenant inagreement, on or about the Premises during the Term, together with any taxes thereon. except that Landlord shall not be liable for damages diligently attempt to restore the service or otherwise for any failure or interruption of any utility or other service furnished to promptly. However, if the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding a material portion of the foregoingPremises, if are made untenantable for a period in excess of 5 consecutive business days as a result of a service interruption that is reasonably within the actions control of Landlord, its agents, contractors or employees, Landlord to correct and through no fault of Tenant and for more reasons other than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, contemplated in Tenant’s judgment reasonably exercisedArticle 11, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for exampleits sole remedy, bringing in portable air-conditioning equipment, then there shall not be entitled to receive an abatement of Basic Rent. Any disputes concerning Rent payable hereunder during the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, period beginning on the Premises, which shall be governed by the provisions of Article XI 6th consecutive business day of the Leaseservice interruption and ending on the day the service has been restored. Tenant shall comply with all 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. Landlord shallshall at all reasonable times, upon at least 24 hours prior reasonable advanced notice to Tenant and during normal business hours (except in cases the case of emergencyemergency when no advance notice shall be required), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall Landlord agrees to furnish or cause to be responsible for and shall pay promptly, directly furnished to the appropriate supplierPremises the utilities and services described in the Standards for Utilities and Services, all charges for waterattached hereto as Exhibit "D", gassubject to the conditions and in accordance with the standards set forth therein. Landlord's failure to furnish any of the foregoing items when such failure is caused by (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action; (iv) inability despite the exercise of reasonable diligence to obtain electricity, sewerwater or fuel; or by (v) any other cause beyond Landlords reasonable control, heatshall not result in any liability to Landlord. In addition, lightsubject to the provisions, powerof Paragraph 64, telephone, refuse pickup, janitorial service, interior 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. Landlord shall not be liable for damages entitled to any abatement or otherwise for reduction of rent by reason of such failure, no eviction of Tenant shall result from such failure and Tenant shall not be relieved from the performance of any failure covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord shall diligently attempt to resume service promptly. If Tenant requires or utilizes more water than reasonably required for normal drinking and lavatory purposes, as specified in Paragraph 4 of any utility Exhibit "D", or other service furnished utilizes more electricity than the standard electrical consumption specified in Paragraph 3 of Exhibit "D", 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, if Tenant utilizes excess water or electricity as described above, and continues such excess use after written notice thereof by Landlord, then upon an additional prior written notice to Tenant Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and no such failure or interruption Tenant thereafter shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result pay all charges of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services utility providing service and Landlord provides substitute services reasonably suitable shall make an appropriate adjustment to Tenant's Operating Expenses calculation to account for Tenant’s purposesthe fact Tenant is directly paying such metered charges, as for example, bringing in portable air-conditioning equipment, then there provided Tenant shall not be an abatement remain obligated to pay its proportionate share of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant Operating Expenses subject to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordsuch adjustment.

Utilities and Services. Tenant shall Throughout the Term of the Lease so long as the Premises are occupied, Lessor agrees to furnish or cause to be responsible for and shall pay promptly, directly furnished to the appropriate supplierpremises the utilities and services described in the Standards for Utilities and Services attached hereto as Exhibit "F" Lessor will not be liable to Lessee 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, all charges for waterbreakage or repairs; (ii) strikes, gaslockouts 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, sewerwater or fuel; or (v) any other caused beyond Lessor's reasonable control. In addition, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other in the event of any stoppage or interruption of services or 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. Landlord Lessee shall not be liable for damages entitled to any abatement or otherwise for 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 Lessee will result from such failure and Lessee will not be relieved from the performance of any failure covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption of any utility thereof, Lessor agrees to diligently attempt to resume service promptly. If Lessee requires or other service furnished utilizes more water or electrical power than is considered reasonable or normal by Lessor, Lessor may at its option require Lessee to pay, as additional rent, the cost, as fairly determined by Lessor, incurred by such extraordinary usage and/or Lessor may install separate meter(s) for the Premises, at Lessee's sole expense, and no such failure or interruption shall be deemed an eviction or entitle Tenant Lessee agrees thereafter to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result pay all shares of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordutility providing service.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior 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. Landlord shall not be liable for 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 ▇▇▇▇▇ 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 a result of the actions of Landlord, its agents, contractors or employeesemployees 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, Landlord there is no HVAC service or electricity services 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 Tenant, in Tenant’s judgment reasonably exercised, 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 less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable useable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic RentRent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly Landlord agrees to furnish to the appropriate supplierPremises ---------------------- during reasonable hours of generally recognized business days, all charges and as is customary and usual for watergeneral office usages in like and comparable building in the Financial District in San Francisco, gasas determined by Landlord, electricityelectricity for building-standard lighting and for normal fractional horsepower office machines, sewerincluding personal computers and printers, heatfax machines and office copiers, lightheating, powerair conditioning and ventilation required in Landlord's judgment for the comfortable use and occupation of the Premises, telephone, refuse pickup, elevator and janitorial service, interior landscape maintenance and all other utilitieswater for lavatory and drinking purposes. Landlord shall also maintain and keep lighted the common stairs, materials common entries and toilet rooms in the common areas of the Building. Landlord's operation and delivery of services furnished directly to Tenant or the Building and the Premises or used by Tenant inshall be in a manner reasonably consistent with other comparable office buildings located in the City and County of San Francisco. Except as otherwise expressly set forth herein, on or about the Premises during the Term, together with any taxes thereon. Landlord shall not be liable for damages for, and Tenant shall not be entitled to any abatement of Rent by reason of, Landlord's failure to furnish any of the services or otherwise for any utilities described above when such failure is caused by acts of God, accident, breakage, repairs, strikes, lockouts or interruption other labor disturbances or disputes of any utility character, unavailability of materials or labor, or by any other cause similar or dissimilar, beyond the reasonable control of Landlord, or by rationing or restrictions on the use of said services and utilities due to energy shortages or other service causes, or the making of repairs, alterations or improvements to the Premises or Building whether or not any of the above result from acts or omissions of Landlord. Furthermore, Landlord shall not be liable under any circumstances for a loss of or injury to property or for injury to or interference with Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing services or utilities, except to the extent such loss, injury, or interference is caused by the gross negligence or willful misconduct of Landlord. Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or of suppliers of utilities in reducing energy or other resources consumption, and Tenant shall not be relieved of its obligation to pay the full Rent by reason thereof. Landlord shall also have the exclusive right, but not the obligation, to provide any additional services which may be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, delivery services, additional repair and maintenance, provided that Tenant shall pay to Landlord upon billing the sum of all costs to Landlord of such additional services, plus a ten percent (10%) administration fee. Tenant shall not, without Landlord's prior written consent, use heat- generating machines other than normal fractional horsepower office machines, or 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. If such consent is given, Landlord shall have the right to install supplementary air conditioning units or other facilities in the Premises, and no such failure or interruption the reasonable cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be deemed an eviction or entitle paid by Tenant to terminate this Lease Landlord within ten (10) business days of billing by Landlord. Such cost shall include the cost of electrical metering or withhold surveying necessary to determine the additional charges by reason of Tenant's off-hours or additional use of utilities or services, for the use of non-standard machines, equipment or lighting, and because of the carelessness of Tenant or the nature of Tenant's business. Tenant shall not, without Landlord's prior written consent, install lighting or equipment which would cause the electric current requirements of the Premises to exceed at any time three and one-half (3.5) ▇▇▇▇▇ per square foot of net rentable area of the Premises. If such consent is given, Tenant shall pay to Landlord upon billing for the cost of such excess consumption. In the event any governmental entity promulgates or revises any statute, ordinance or building, fire or other code or imposes mandatory controls or guidelines on Landlord or the Building or any part thereof, relating to the use or conservation of energy, water, gas, light or electricity or other emissions or the provision of any other utility or service provided with respect to this Lease, or in the event Landlord is required or elects to make alterations to the Building in order to comply with such mandatory controls or guidelines, Landlord may, in its sole discretion, comply with such mandatory controls or guidelines or make such alterations to the Building related thereto. Such compliance and the making of such alterations shall in no event entitle Tenant to any damages, relieve Tenant of the obligation to pay the full Annual Rent and additional rent due hereunder. Notwithstanding the foregoing, if reserved hereunder or constitute or be constituted as a result constructive or other eviction of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there Tenant shall not be entitled to an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI rent should such compliance and such alterations prevent Tenant's use and occupancy of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours Premises for any period of time exceeding ten (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord10) days continuously.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior 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. Landlord shall not be liable for 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 ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, provided, however, if as a result of any such failure or interruption is due to the actions sole active negligence or willful misconduct of Landlord, its agents, contractors employees or employees, for more than three authorized agents (3a "Landlord-Caused Service Interruption") consecutive and is not restored by Landlord within five (5) business days following written notice to by Tenant of the Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, -Caused Service Interruption in Tenant’s judgment reasonably exercisedquestion, then Tenant’s Basic Rent Tenant shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be entitled to an abatement of Basic Rent. Any disputes concerning Rent reasonably allocable to that portion of the foregoing Premises that Tenant is prevented from using by reason of such Landlord-Caused Service Interruption, which abatement shall be resolved by JAMS arbitration pursuant to Section 22.7 commence on the sixth (6th) business day following Tenant's notice of this Leasethe Landlord-Caused Service Interruption in question and shall continue for the balance of the period during which Tenant is so prevented from using the affected portion of the Premises. The foregoing abatement provisions shall not apply in case be the sole and exclusive remedy of damage to, or destruction of, the Premises, which Tenant with respect to any Landlord-Caused Service Interruption. Landlord shall be governed by the provisions use commercially reasonable efforts to restore any Landlord-Caused Service Interruption as soon as reasonably possible following its receipt of Article XI notice of the Leaseoccurrence thereof. Landlord shall, upon shall at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), all reasonable times have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall be responsible agrees to contract directly for and shall to pay promptly, directly to the appropriate supplier, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickupwaste/trash removal, janitorial service, interior landscape maintenance sewer and all other utilities, materials utilities and services furnished directly supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any taxes thereon. If any such services are not separately metered to Tenant, Tenant agrees to pay a reasonable proportion to be determined by Landlord of all charges jointly metered with other Premises. 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, breakage 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. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be liable for damages entitled to any abatement or otherwise for any reduction of rent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or interruption taking described therein), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any utility covenant or other service furnished agreement in this Lease because of such failure. Notwithstanding anything in this Lease to the Premisescontrary, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoingif, if as a result of the actions negligent acts or omissions of Landlord, Landlord or its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no elevator service to the Premises, or no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that any portion of the Premises cannot be and is not used by Tenant, in Tenant’s 's judgment reasonably exercised, then Tenant’s Basic Rent 's rent shall thereafter be abated until the Premises are again usable by Tenant in proportion to the extent to which Tenant's use of the Premises is interfered with; 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 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rentrent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions This paragraph shall not apply in case of damage to, or destruction of, the PremisesBuilding, which shall be governed by the provisions a separate provision of Article XI of the this Lease. Notwithstanding the foregoing, Tenant may not ▇▇▇▇▇ rent if Landlord shall, upon at least 24 hours prior notice disputes Tenant's right to ▇▇▇▇▇ or the amount thereof until and only to the extent the arbitrator provides that Tenant may do so in accordance with and during normal business hours (except in cases pursuant to the terms of emergency), have free access to all electrical and mechanical installations of LandlordParagraph 43 hereof.

Utilities and Services. 15.1 Tenant shall be responsible pay for all water (including the cost to service, repair and shall pay promptlyreplace reverse osmosis, directly to the appropriate supplier, all charges for de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay Tenant's Pro Rata Share of all charges of such utility jointly metered with other premises as Additional Rent; provided, however, that Landlord acknowledges and agrees that electricity is, as of the date hereof, separately metered and water is included in Operating Expenses. 15.2 Except as set forth below, Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or service, whether or not such failure is caused by accident; breakage; repair; strike, lockout or other service labor disturbance or labor dispute of any character; act of terrorism; shortage of materials; governmental regulation, moratorium or other governmental action, inaction or delay; or other causes beyond Landlord's control (collectively, "Force 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; provided, however, if such interruption is the result of Landlord's negligence or willful misconduct and continues for five (5) consecutive business days, Tenant shall be entitled to an abatement or reduction of rent proportionate to the portion of the Premises as to which Tenant's use is interrupted (or as to all of the Premises if so much thereof is unusable that the entire Premises is unusable for Tenant’s intended use), to the extent such interruption persists. The foregoing abatement will also apply to interruptions in Tenant’s ability to use the Premises or portions thereof due to repairs, maintenance or construction work being performed by or on behalf of Landlord at the Building or Project. 15.3 Tenant shall pay for, prior to delinquency of payment therefor, any services that may be furnished to the Premises beyond those provided by Landlord, including telephone, internet service, cable television and other telecommunications, together with any fees, surcharges and taxes thereon. 15.4 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 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 Buildings' or Project's (as applicable) capacity to provide such utilities or services. 15.5 Utilities and services provided to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utility or service. 15.6 As part of Operating Expenses, Landlord shall provide water to the Premises, and no such failure or interruption which water shall be deemed an eviction from the local municipal or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenantsimilar source; provided, however, that if Landlord is diligently pursuing determines that Tenant requires, uses or consumes water beyond that normally required for customary laboratory purposes, Landlord may install a water meter and thereby measure Tenant's water consumption for all purposes. Tenant shall pay Landlord for the repair costs of such utilities 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 services 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 payable by Tenant and collectible by Landlord as such. 15.7 Landlord reserves the right, upon reasonable, prior written notice to Tenant absent exigent circumstances in which the giving of such notice is not reasonably possible, to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems reasonably necessary, 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 provides substitute services reasonably 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. If any such repairs, alterations or improvements might require or cause an interruption in electrical service to the Premises or any portion thereof, Landlord will give to Tenant at least three (3) business days prior written notice whenever practicable. Landlord will minimize the time required for any interruption and will use commercially reasonable efforts to have any work requiring interruption in any utility or service to be performed outside of customary business hours. 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’s purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement deemed breached if Landlord is unable to furnish or perform the same by virtue of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of LandlordForce Majeure.

Utilities and Services. Tenant shall pay for all water (except for irrigation water which shall be responsible for separately metered and shall pay promptly, directly to the appropriate supplier, all charges for wateran Operating Expense), gas, electricity, sewer, heat, light, power, telephone, refuse pickuptrash disposal, janitorial service, interior landscape maintenance service and all other utilities, materials utilities and services furnished directly supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any taxes thereon. Landlord will not be liable to Tenant for any failure of Tenant to obtain any of the foregoing utilities and services. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be liable for damages entitled to any abatement or otherwise for any reduction of rent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or interruption taking described therein), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any utility covenant or other service furnished agreement in this Lease because of such failure. Notwithstanding anything in this Lease to the Premisescontrary, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoingif, if as a result of the actions negligent acts or omissions of Landlord, Landlord or its agents, contractors or employees, for more than three one (31) consecutive business days day following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building Building services, such as fire protection or water, so that any portion of the Premises cannot be and is not used by Tenant, in Tenant’s 's judgment reasonably exercised, then Tenant’s Basic Rent 's rent shall thereafter be abated until the Premises are again usable by Tenant in proportion to the extent to which Tenant's use of the Premises is interfered with; 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 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rentrent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions This paragraph shall not apply in case of damage to, or destruction of, the PremisesBuilding, which shall be governed by the provisions a separate provision of Article XI of the this Lease. Notwithstanding the foregoing, Tenant may not ▇▇▇▇▇ rent if Landlord shall, upon at least 24 hours prior notice disputes Tenant's right to ▇▇▇▇▇ or the amount thereof until and only to the extent the arbitrator provides that Tenant may do so in accordance with and during normal business hours (except in cases pursuant to the terms of emergency), have free access to all electrical and mechanical installations of LandlordParagraph 45 hereof.

Utilities and Services. Tenant Buildings and Site. (a) Landlord shall be responsible for provide site exterior lighting. (b) Landlord, at no expense to Tenant, shall maintain the parking area adjacent to the Buildings including associated landscaped and parking areas and the access ways thereto, in a clean and orderly condition, and shall replace any broken plate glass windows or doors in the Buildings, unless such breakage is caused by Tenant’s or its agents’, employees’, customers’ or invitees’ improper acts or misuse of the Premises, in which case Tenant will pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior 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 cost of repair of any taxes thereonsuch damage. Landlord shall not be liable liable, however, for damages either the failure, or otherwise for delay, to furnish any failure of the services or interruption utilities specified in this Paragraph 8, or the curtailment of any utility such services or other service furnished to the Premisesutilities, and no when such failure or interruption curtailment is caused by conditions beyond the reasonable control of Landlord or by accidents, strikes, repairs or improvements to Premises, or to the Buildings, nor shall be deemed an any such failure constitute a constructive eviction or of Tenant, entitle Tenant to terminate the abatement of rent, relieve Tenant from observing and performing any of the provisions of this Lease Lease, or withhold or ▇▇▇▇▇ any rent due hereunderother claims against Landlord. Landlord is not responsible for any maintenance of the Greenhouse. Notwithstanding the foregoingforegoing or anything to the contrary contained in this Lease (but subject to the last sentence of this subsection (b)), if Tenant shall cease to occupy, and shall not in fact use, any Premises located in a Building because such Premises have become unsuitable for Tenant’s use as a result consequence of a cessation of utilities or services not caused by Tenant or any of its agents, employees or contractors for a period exceeding five (5) consecutive days, or the actions presence of Landlordany Hazardous Materials not introduced to the Office Project by Tenant or any of Tenant’s employees, its agents, contractors or employeesinvitees that shall have a material and adverse effect on Tenant’s ability to occupy its Premises in the relevant Building, then Tenant shall be entitled to an abatement of all rent payable hereunder for more than three (3) consecutive business days following written notice to Landlordso long as Tenant does not in fact use the relevant Premises because the Premises have become unsuitable for Tenant’s use, there is no HVAC or electricity services and Monthly Base Rent shall be abated based on the proportion that the Premises so affected bears to the Premises, total Premises leased hereby. If such interference cannot be corrected or such an interruption of other essential utilities and building services, such as fire protection or water, the damage resulting therefrom repaired so that the entire Premises cannot will be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as use within one hundred twenty (120) days after the occurrence of such event and Tenant does not in fact use the entire Premises for example, bringing in portable air-conditioning equipmentthe conduct of its business during the entirety of such period, then there Tenant also shall not be an abatement entitled, at the end of Basic Rentsuch one hundred twenty (120) day period for a period of ten (10) business days hereafter to terminate this Lease (and receive a full refund and return of its deposits and any prepaid rent) by delivery of written notice of termination to Landlord, unless the interfering event is abated prior to the date Tenant gives notice. Any disputes concerning casualty or damage to the foregoing Premises shall be resolved governed by JAMS arbitration pursuant Paragraph 20 hereof. (c) [Intentionally Deleted]. (d) Subject to Section 22.7 applicable laws, Landlord will provide reasonable amounts of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, water for the uses contemplated at the Premises, which shall be governed by separately metered. (e) Tenant shall pay its own janitorial, gas and electricity costs for the provisions of Article XI Premises, and Landlord shall bear no responsibility to supply such utilities or services, other than water as noted in subsection (d), above. All such utilities shall be separately metered to one or more portions of the LeasePremises. Tenant shall cause the Premises to be cleaned with sufficient frequency to preserve the neat, clean appearance of the Premises. (f) Landlord shallshall provide Tenant with keys to the Premises, upon at least 24 hours prior notice to and otherwise provide Tenant and during normal business hours (except in cases of emergency), have free with access to all electrical the Premises twenty four (24) hours per day, seven (7) days per week, subject to any temporary closure as reasonably required for Landlord to carry out its repair obligations hereunder, the effect of casualty, and mechanical installations disaster, riot, public disturbance or other cause prevalent in the area of Landlordthe Premises that shall result in closure of similar buildings located in the area of the Premises.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior 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. Landlord shall not be liable for 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 ▇▇▇▇▇ 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 a result of the actions of Landlord, its agents, contractors authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord, 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, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; 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 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall be responsible for determining if the local supplier of water, gas and electricity can supply the needs of Tenant and whether or not the existing water, gas and electrical distribution systems within the Building and the Premises are adequate for Tenant’s needs. Tenant shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewerand storm and sanitary sewer services as so supplied to the Premises, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and irrespective of whether or not the services furnished directly to Tenant are maintained in Landlord’s or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereonTenant’s name. Landlord shall not be in default hereunder or be liable for any damages directly or otherwise for indirectly resulting from, nor shall rent be abated by reason of failure to furnish 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 ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if foregoing items as a result of (a) accident, breakage or repairs; (b) strikes, lockouts or other labor disturbance or labor dispute of any character; (c) governmental regulation, moratorium or other governmental action; (d) inability, despite the actions exercise of Landlordreasonable diligence, its agents, contractors to obtain any of the foregoing utilities or employees, for more than three services; (3e) consecutive business days following written notice interruption necessary to Landlord, there is no HVAC install or electricity services to repair facilities in the PremisesBuilding, or such an (f) any other causes beyond Landlord’s reasonable control. In the event of any failure, stoppage or interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services services, Landlord shall diligently attempt to promptly resume the utilities or service in question. Tenant shall provide trash bins (or other adequate garbage disposal facilities) within the trash enclosure areas provided or permitted by Landlord outside the Premises sufficient for the interim disposal of all of its trash, garbage and Landlord provides substitute services reasonably suitable for waste. All such trash, garbage and waste temporarily stored in such areas shall be stored in such a manner so that it is not visible from outside of such areas, and Tenant shall cause such trash, garbage and waste to be regularly removed from the Property at Tenant’s purposes, as for example, bringing in portable air-conditioning equipment, then there sole cost. Tenant shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, at all times keep the Premises, which the Building, the Common Area and the Property in a clean, safe and neat condition free and clear of all trash, garbage, waste and/or boxes, pallets and containers containing same at all times. Tenant shall be governed by contract directly with a janitorial service for the provisions of Article XI cleaning of the LeasePremises. Landlord Tenant shall, upon at least 24 hours prior notice all times during the Lease Term and at its sole cost and expense, regularly clean and continuously keep and maintain in good order, condition and repair all heating ventilating and air conditioning equipment. Tenant, if requested to Tenant do so by Landlord, shall hire, at Tenant’s sole cost and during normal business hours expense, a licensed heating, ventilating and air conditioning contractor to regularly and periodically (except not less frequently than every three months) inspect and perform required maintenance on the heating, ventilating and air conditioning equipment and systems serving the Leased Premises, or alternatively, Landlord may, at its election, contract in cases its own name for such regular and periodic inspections of emergency)and maintenance on such heating, have free access ventilating and air conditioning equipment and systems and charge to all electrical and mechanical installations of LandlordTenant, as additional Rent, the cost thereof.

Utilities and Services. Tenant (a) Lessor shall be responsible contract for and shall pay promptly, directly to the appropriate supplierfor, all charges for waterelectricity, gas, electricitywater, sewer, heat, light, power, telephone, refuse pickupheat and air conditioning service, janitorial service, interior landscape maintenance refuse pick-up, sewer charges, and all other utilitiesutilities or services supplied to or consumed by Lessee, materials its agents, employees, contractors, and services furnished directly to Tenant or the Premises or used by Tenant in, invitees on or about the Premises during the TermPremises, together with any taxes thereon. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other excluding telephone service furnished to the PremisesBuilding for which Lessee shall contract and pay directly. Furthermore, and no such failure or interruption Lessee shall be deemed an eviction or entitle Tenant have the option to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereundercontract directly for janitorial services to the Premises pursuant to Paragraph 15(b). Notwithstanding the foregoing, if Lessee shall be responsible for paying the cost of electricity and associated HVAC provided to the server room(s), as a result provided for in Paragraph 5(d). Such costs shall be considered rent and shall be payable as provided for in Paragraph 5(d). (b) Lessor shall not be liable to Lessee for any interruption or failure of any utility services to the actions Premises which is not caused by the negligence or willful acts of LandlordLessor, its or Lessor’s employees, agents, contractors or contractors. Lessee shall not be relieved from the performance of any covenant or agreement in this Lease because of any such failure. Unless such failure is caused by the negligence or willful acts or omissions of Lessor or Lessor’s employees, for more than three (3) consecutive business days following written notice agents, or contractors, or by Lessor’s breach in the performance of Lessor’s express obligations hereunder, Lessor shall make all repairs required to Landlord, there is no HVAC or electricity restore such services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that . If the Premises canshould become not be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for TenantLessee’s purposesuse as a consequence of cessation of utilities or other services, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant interference with access to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the 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 Premises persists for thirty (30) days, then Lessee shall be entitled to an equitable abatement of rent, including any Additional Rent, to the extent of the interference with Lessee's use of the Premises, as the case may be, is caused thereby. Excluding damage or destruction of the Premises which shall be governed by Paragraph 21, if the provisions of Article XI of interference persists and the Premises are not reasonably suitable for Lessee’s use for more than ninety (90) consecutive days, Lessee shall have the right to terminate this Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly (a) Landlord agrees to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly furnish to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermOperating Hours, together subject to the conditions and in accordance with the standards set forth in this Lease, water for lavatory and drinking purposes (hot and cold), and elevator service by non-attended automatic elevators. Landlord shall not be obligated to provide janitorial services for the Premises, which services shall be provided and fully paid by Tenant, as set forth in Section 14(d). Tenant agrees that Landlord may impose a reasonable charge for the use of any taxes thereonadditional services required by Tenant’s carelessness or the nature of Tenant’s business. Landlord shall not be obligated to service, maintain, repair or replace any system or improvement in the Premises that has not been installed by Landlord at Landlord’s expense, or which is a specialized improvement requiring additional or extraordinary maintenance or repair (by way of example only, if the standard premises in the Building contain fluorescent light fixtures, Landlord’s obligation shall be limited to the replacement of fluorescent light tubes, irrespective of any incandescent fixtures that may have been installed in the Premises at Tenant’s expense). Landlord shall not be liable for damages for, and Tenant shall not be entitled to, any abatement or otherwise reduction of Rent by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character or for any other causes; provided, however, Landlord shall use its reasonable efforts to cause such services to be restored as soon as possible. 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 the interruption or failure or interruption of any utility services to be provided under this Lease. In the event that Tenant is prevented from using, and does not use, the Premises or other service furnished any portion thereof, as a result of (i) any failure by Landlord to provide services, utilities or access to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate Premises as required under this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if (other than as a result of the actions acts or wrongful omissions of Tenant or any Tenant Party), (ii) Landlord’s exercise of its retained rights under Section 3 above or any other Landlord alterations to the Building, or (iii) Landlord’s failure to comply with its agentsoperating, contractors or employeesmaintenance and repair obligations under Sections 11(b) and 11(c) above (any such event, an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for more than three five (35) consecutive business days following written after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Rent shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to Landlordbe so prevented from using, there and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is no HVAC or electricity services prevented from using, and does not use, bears to the total rentable area of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Landlord Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is diligently pursuing so prevented from effectively conducting its business therein, the repair Rent for the entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the 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 date Tenant reoccupies such portion of the Premises. 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 the interruption or failure of any services to be provided under this Lease. (b) Tenant shall arrange for and pay the cost of all heat and air conditioning required for the comfortable use and occupation of the Premises, and all electrical services provided to the Premises (including for normal lighting and fractional horsepower office machines) which are separately metered. If any of the foregoing utilities or services and cannot reasonably be separately metered to the Premises, Tenant shall pay, as additional Rent, a reasonable proportion of any such charges which are jointly metered, the determination to be made by Landlord provides substitute services reasonably suitable for based upon Landlord’s reasonable determination, which need not reflect Tenant’s purposesproportionate share of the square footage of the Building or buildings serviced by such meter. (c) Tenant may, at its election but subject to Section 12 above and Section 14(g) below, install commercial knitting machines in the Premises, provided that they are used solely for making samples and sample materials and installed in compliance with applicable laws and this Lease (including without limitation Section 14(g) if they cause excess electricity loading as for example, bringing provided in portable air-conditioning equipment, then there that Section); and (subject to Sections 12 and 14(g)) any electricity or other costs created by such knitting machine(s) shall not be an abatement of Basic Rent. Any disputes concerning deemed Excess Usage. (d) Tenant shall provide janitorial service to the foregoing Premises as reasonably required by Tenant, which janitorial services shall be resolved contracted for and paid by JAMS arbitration pursuant Tenant. If Tenant fails to Section 22.7 provide janitorial services to the Premises as required herein, Landlord may give Tenant seven days’ written notice to provide such services. If Tenant fails to promptly provide such services within this time period, then Landlord shall have the right to provide janitorial services and expend such funds at the expense of this LeaseTenant as are reasonably required to provide such services. The foregoing provisions If Landlord provides janitorial services because Tenant fails to provide such services itself, any amount so expended by Landlord shall be paid by Tenant promptly within ten days after demand with interest at the Prime Rate plus 2% per annum, from the date of such services, but not apply in case of damage toto exceed the maximum amount then allowed by law. Landlord shall have no liability to Tenant for any damage, inconvenience, or destruction of, interference with the Premises, which shall be governed by the provisions of Article XI use of the Lease. Landlord shallPremises by Tenant as the result of providing such services, upon at least 24 hours prior notice to Tenant and during normal business hours (except provided they are provided in cases of emergency), have free access to all electrical and mechanical installations of Landlorda commercially reasonable manner.

Utilities and Services. (a) Landlord agrees to furnish or cause to be furnished to the Leased Premises heat, electricity, air conditioning and hot and cold water, subject to the conditions and in accordance with the standards set forth in this Section 6. (b) Tenant shall be responsible to pay Landlord for and all utilities furnished by Landlord to the Leased Premises. In the event that any utilities are not separately metered, the amount Tenant shall pay promptlyfor such utilities shall be payable as a Property Expense in accordance with Section 5 hereof. (c) Tenant agrees to cooperate fully, directly at all times, with Landlord and to abide by all of the regulations and requirements that Landlord may reasonably prescribe for the use of the above utility services. Tenant's use of electricity shall at no time exceed the capacity of the service to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant Building or the Premises electrical risers and wiring installation contained in the Building. Tenant shall not install, use or permit the installation or use of any computer, electronic data processing equipment or any other similar equipment or any other equipment used by Tenant in, on or about in the Premises during conduct of Tenant's business (other than standard office equipment) without the Term, together with any taxes thereon. prior written consent of Landlord. (d) Landlord shall not be liable for, and Tenant shall not be entitled to any abatement or reduction of rent by reason of Landlord's failure to furnish any of the foregoing utility services when such failure is caused by accident, breakage, repairs, riots, strikes, lockouts or other labor disturbance or labor dispute of any character, governmental regulation, moratorium or other governmental action, inability by exercise of reasonable due diligence to obtain electricity, water or fuel, or by any other cause beyond Landlord's immediate and reasonable control or for damages stoppages or otherwise interruptions of any such services for any failure the purpose of making necessary repairs or improvements. Failure, stoppage or interruption of any utility or other such 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 ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be construed as an abatement actual or constructive eviction or as a partial eviction against Tenant or a release of Basic RentTenant from the prompt and punctual performance by Tenant of all of Tenant's covenants contained herein. Any disputes concerning Notwithstanding anything to the foregoing contrary contained herein, Landlord reserves the right from time to time to make reasonable and nondiscriminatory modifications to the above standards for utilities and services. (e) Notwithstanding anything to the contrary contained herein, Landlord and Tenant agree that Landlord's obligation to furnish heat, electricity, air conditioning and hot and cold water to the Leased Premises shall be resolved subject to and limited by JAMS arbitration pursuant to Section 22.7 all laws, rules and regulations of any governmental authority affecting the supply, distribution, availability, conservation or consumption of energy, including, but not limited to, heat, electricity, gas, oil or water. Landlord shall abide by all such governmental laws, rules and regulations and, in so doing, Landlord shall not be in default in any manner whatsoever under the terms of this Lease. The foregoing provisions , and Landlord's compliance therewith shall not apply affect in case of damage to, or destruction of, any manner whatsoever Tenant's obligation to pay the Premises, which shall be governed by the provisions of Article XI of the full rental set forth in this Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall be responsible agrees to contract directly for and shall to pay promptly, directly to the appropriate supplier, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickupwaste/trash removal, janitorial service, interior landscape maintenance sewer and all other utilities, materials utilities and services furnished directly supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any taxes thereon. If any such services are not separately metered to Tenant, Tenant agrees to pay a reasonable proportion to be determined by Landlord of all charges jointly metered with other Premises. 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, breakage 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. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be liable for damages entitled to any abatement or otherwise for any reduction of rent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or interruption taking described therein), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any utility covenant or other service furnished agreement in this Lease because of such failure. Notwithstanding anything in this Lease to the Premisescontrary, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoingif, if as a result of the actions negligent acts or omissions of Landlord, Landlord or its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no elevator service to the Premises, or no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that any portion of the Premises cannot be and is not used by Tenant, in Tenant’s 's judgment reasonably exercised, then Tenant’s Basic Rent 's rent shall thereafter be abated until the Premises are again usable by Tenant in proportion to the extent to which Tenant's use of the Premises is interfered with; 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 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rentrent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions This paragraph shall not apply in case of damage to, or destruction of, the PremisesBuilding, which shall be governed by the provisions a separate provision of Article XI of the this Lease. Notwithstanding the foregoing, Tenant may not ▇▇▇▇▇ rent if Landlord shall, upon at least 24 hours prior notice disputes Tenant's right to ▇▇▇▇▇ or the amount thereof until and only to the extent the arbitrator provides that Tenant may do so in accordance with and during normal business hours (except in cases pursuant to the terms of emergency), have free access to all electrical and mechanical installations of LandlordParagraph 44 hereof.

Utilities and Services. 16.1 Tenant shall be responsible pay, prior to delinquency, for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance telephone and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any taxes thereon. If any such utility is not separately metered to Tenant, Tenant shall pay its proportionate share of all charges jointly metered with other premises based on the square footage of the Premises not separately metered over the square footage of the other premises that share a meter with Tenant's Premisesas part of its share of Operating Expenses. 16.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from, Landlord's failure to furnish any such utility or service when such failure is caused by accident, breakage, repairs, strikers, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability despite the exercise of reasonable diligence or by any other cause beyond Landlord's reasonable control; provided, if such failure continues for damages more than five (5) consecutive days or otherwise for more than ten (10) days during any failure or twelve (12) month period, Tenant shall be entitled to an abatement of Rent during the period of such interruption of utilities or services (but shall pay to Landlord proceeds of insurance, if any, covering any utility such Rent during the period of interruption). 16.3 Tenant shall not, without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or other service furnished to delayed, use any device in the Premises, and no such failure including but without limitation, data processing machines, which will in any way increase the amount of electricity or interruption shall be deemed an eviction water usually furnished or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereundersupplied for the use set forth in Section 2.1.9. Notwithstanding the foregoing, if Landlord acknowledges that as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 date of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed all equipment being used by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordis acceptable.

Utilities and Services. Landlord and Tenant shall be responsible for to furnish those utilities and shall pay promptly, directly services to the appropriate supplierPremises to the extent provided in Exhibit C, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance subject to the conditions and all other utilities, materials payment obligations 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 thereonstandards set forth in this Lease. Landlord shall not be liable for damages or otherwise for any failure to furnish any services or interruption utilities when the failure is the result of any utility accident or other service furnished 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 the Premises, and no such failure furnish any services or interruption utilities shall be deemed an eviction or not entitle Tenant to terminate this Lease any damages, relieve Tenant of the obligation to pay rent or withhold constitute a constructive or ▇▇▇▇▇ any rent due hereunderother eviction of Tenant, except that Landlord shall diligently attempt to restore the service or utility promptly. Tenant shall comply with all 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. 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 direct actions of Landlord, its agentsemployees, contractors or employeesauthorized agents, for more than three (3) 3 consecutive business days following written notice to Landlord, Landlord there is no electricity, HVAC or electricity elevator 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, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall Provided that there are no uncured Events of Tenant’s Default, Landlord agrees to furnish or cause to be responsible for and shall pay promptly, directly furnished to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior 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 generally recognized business hours electricity for normal lighting and standard office equipment, gas and normal heating and air conditioning required in Landlord’s judgment for the Termcomfortable use and occupation of the Premises. Landlord, together with at its option, may require a separate meter and bill to Tenant for any taxes thereonextraordinary electric power requirements or for any special equipment that requires either 3-phase electric power or any voltage in excess of 120. Landlord shall not be in default hereunder or be liable for any damages directly or otherwise for indirectly resulting from, nor shall rent be abated by reason of failure to furnish 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 ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if foregoing items as a result of (a) accident, breakage or repairs; (b) strikes, lockouts or other labor disturbance or labor dispute of any character; (c) governmental regulation, moratorium or other governmental action; (d) inability, despite the actions exercise of reasonable diligence, to obtain any of the foregoing utilities or services; (e) interruption necessary to install or repair facilities in the Building, or (f) any other causes beyond Landlord’s reasonable control. In the event of any failure, its agentsstoppage or interruption of such utilities or services, contractors Landlord shall diligently attempt to promptly resume the utilities or employeesservice in question. Notwithstanding anything to the contrary contained in this Lease, in the event that Tenant is prevented from using, and does not use, the portion(s) of the Premises affected by a Service Failure (defined below) for more than business purposes for three (3) consecutive business days following written notice (the “Eligibility Period”) as a result of any failure to provide any material services or access to the Premises due to Landlord’s default or the gross negligence or willful misconduct of Landlord or its employees, there is no HVAC agents or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercisedcontractors (a “Service Failure”), then Tenant’s Basic Rent rent shall thereafter be abated until or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for business purposes, the Premises are again usable by Tenant; providedor a portion thereof, howeverin the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, that if Landlord is diligently pursuing and does not use, bears to the repair total rentable area of such 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 an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. 16.1. Tenant shall be responsible pay for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance telephone and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any and all fees, surcharges and taxes thereon. Tenant shall pay directly to the applicable utility or service provider prior to delinquency, for all utilities and services which may be furnished to Tenant or the Premises during the Term. 16.2. Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, the failure or interruption of to furnish any utility or other service furnished to the Premises, and no whether or not such failure is caused by accident, breakage, repairs, strikes, lockouts or interruption other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability despite the exercise of reasonable diligence or by any other cause. Upon any such failure, Tenant shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenantentitled to any abatement or reduction of Rent, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter nor be abated until relieved from the Premises are again usable by Tenantoperation of any covenant or agreement of this Lease; provided, however, that if Landlord such failure is diligently pursuing due to the repair gross negligence or willful misconduct of Landlord, and such utilities or services and Landlord provides substitute services reasonably suitable interruption renders a substantial portion of the Premises untenantable for their intended purposes for more than five (5) continuous business days, then, as Tenant’s purposessole and exclusive remedy for such failure, as Tenant’s obligation to pay monthly Rent shall ▇▇▇▇▇ for examplethe period of time that the Premises remains substantially untenantable. 16.3. Tenant shall not, bringing in portable air-conditioning equipmentwithout the prior written consent of Landlord, then there which shall not be an abatement unreasonably withheld, conditioned or delayed, use the Premises in any manner or maintain any device or devices in the Premises (including, without limitation, data processing machines) that will, individually or taken together with all other uses of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply and devises in case of damage to, or destruction of, the Premises, which require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Premises. 16.4. Landlord reserves the right to stop service of the elevator, plumbing, heating, ventilation, air conditioning and electric systems, when necessary, by reason of accident or emergency or, upon not less than forty-eight (48) hours advance notice to Tenant, for repairs, alterations or improvements, in the reasonable judgment of Landlord desirable or necessary to be made, until said repairs, alterations or improvements shall have been completed, and Landlord shall have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, heating, air conditioning or electric service during any such period of interruption. If Landlord’s gross negligence or willful misconduct interrupts any such elevator, plumbing, heating, ventilation, air conditioning or electrical service for more than five (5) continuous days after notice from Tenant to Landlord of such interruption of service, then, as Tenant’s sole and exclusive remedy for such failure, Rent shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordabated until such service is restored.

Utilities and Services. (a) Provided that Tenant is not in default hereunder, Landlord shall furnish, or cause to be responsible for and shall pay promptly, directly furnished to the appropriate supplierPremises, the utility service and other services described in Exhibit "D" attached hereto, subject to the conditions and in accordance with the standards set forth therein and in this Lease. (b) Tenant agrees to cooperate fully at all charges times with Landlord and to comply with all regulations and requirements which Landlord may from time to time prescribe for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials the use of the utilities 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 thereondescribed herein and in Exhibit "D". Landlord shall not be liable to Tenant for damages or otherwise for any the failure or interruption of any utility other tenant, or its assignees, subtenants, employees, or their respective invitees, licensees, agents or other service furnished representatives to the Premises, comply with such regulations and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenantrequirements; provided, however, Landlord shall non-discriminately pursue violations of said regulations and requirements. (c) If Tenant requires utility service or other services in quantities greater than, at times other than or of a type or quality different than that if generally furnished by Landlord is diligently pursuing pursuant to Exhibit "D," Tenant shall pay to Landlord, upon receipt of a written statement therefor, Landlord's charge for such additional or different utility service or services; provided, however, if, in Landlord's judgment, such excess or different service cannot be furnished unless additional risers, conduits, feeders, switchboards and/or other facilities are installed in the repair Building, or otherwise are not then being provided to other tenants in the Project (at the rate or level requested by Tenant), the provision of such utilities additional or different services shall be subject to Landlord's nondiscriminatory requirements and conditions, provided, further however, that in no case shall Landlord provides substitute have any obligation to provide such additional or different utility or other services reasonably suitable for Tenant’s purposesif (i) the same is not generally available in first class office buildings in the area of the Project, as for example(ii) in the case where additional risers, bringing conduits, feeders, switchboards and/or other appurtenances would be required to be installed in portable air-conditioning equipmentthe Building to provide such service, then there (A) the installation, maintenance or use of such facilities is not permitted under applicable Project financing documents, Law or insurance regulations, could result in permanent damage or injury to the Building or Building systems, could create a dangerous or hazardous condition or disturb or interfere with the use, occupancy or quiet enjoyment of other tenants or otherwise adversely affect the income stream, financeability, reputation or value of the Project, (B) Tenant shall not be an abatement commit in advance to bear the cost (and to provide security satisfactory to Landlord for performance of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 such obligation) of this Lease. The foregoing provisions shall not apply in case installation, use, maintenance, repair and removal of damage tosuch facilities, or destruction of(C) Landlord determines in good faith that installation, operation, maintenance and/or removal of such facilities is otherwise infeasible under the Premisescircumstances. Subject to the foregoing, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours reasonable prior notice by Tenant, furnish to the Premises additional elevator, heating, air conditioning and/or cleaning services upon such terms and conditions as shall be reasonably 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 a switch and metering system to be installed so as to measure the amount of such additional utilities or services. The cost of installation, maintenance and repair of such system shall be paid by Tenant upon demand. (d) Landlord shall not be liable for, and during normal business hours Tenant shall not be entitled to, any damages, abatement (except as expressly provided in cases subparagraph (f) below) or reduction of emergency)Rent, have free or other liability by reason of any failure to furnish any services or utilities described herein or in Exhibit "D" for any reason, including, without limitation, when caused by accident, breakage, repairs, Alterations or other improvements to the 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 reasonable control. Landlord shall be entitled to cooperate with the energy conservation efforts of governmental agencies or utility suppliers. 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 or for any other purpose. (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 "D") for utilities and services. (f) In the event that Tenant is prevented from using the Premises or any portion thereof, as a result of any failure of Landlord to provide services or access to all electrical and mechanical installations of Landlord.the Premises for fifteen

Utilities and Services. Tenant (a) Landlord shall maintain the Common Areas of the Building (including lobbies, stairs, elevators, corridors and restrooms), the exteriors of the windows in the Building, the mechanical, plumbing and electrical equipment serving the Building and the structure of the Building itself in reasonably good order and condition except for damage occasioned by the acts of Tenant, its agents, employees or contractors, which damage shall be responsible repaired by Landlord at Tenant's sole expense. (b) Provided that Tenant is not then in default under this Lease, Landlord shall furnish the Premises with (i) electricity for lighting and shall pay promptlythe operation of office machines, directly (ii) heat and air conditioning to the appropriate supplier, all charges extent reasonably required for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used comfortable occupancy by Tenant in, on or about in its use of the Premises during the Termperiod from 8:00 a.m. to 6:00 p.m. on weekdays and from 8:00 a.m. to noon on Saturdays (except holidays), together or such shorter period as may be prescribed by any applicable policies or regulations adopted by any utility or governmental agency, (iii) elevator service, (iv) lighting replacement (for building standard lights), (v) restroom supplies, (vi) window washing with any taxes thereonreasonable frequency, and (vii) security guards and services and daily janitor service during the times and in the manner that such services are customarily furnished in comparable office buildings in the area. Landlord shall not be in default hereunder or be liable for any damages directly or otherwise for any failure indirectly resulting from, nor shall the Rent be abated by reason of (1) the installation, use or interruption of use of any utility equipment in connection with the furnishing of any of the foregoing services, (2) failure to furnish or interruption or delay in furnishing any such services when such failure, interruption or delay is caused by accident, breakage, labor disputes, or any condition beyond the reasonable control of Landlord or by the making of necessary repairs or improvements to the Premises or to the Building, or (3) the limitation, curtailment, rationing or restrictions on use of water, electricity, gas or any other service furnished form of energy serving the Premises or the Building. Landlord shall use reasonable efforts diligently to remedy any interruption in the furnishing of such services. Landlord reserves the right to stop services of the elevator, ventilation, air conditioning, electric and other Building systems when necessary by reason of accident or emergency, or for repairs, alterations or improvements which Landlord determines are desirable or necessary, until the repairs, alterations or improvements are completed. (c) Whenever heat-generating equipment or lighting other than building standard lights are used in the Premises by Tenant which affect the temperature otherwise maintained by the air conditioning system, Landlord shall have the right, after notice to Tenant, to install supplementary air conditioning facilities in the Premises or otherwise modify the ventilating and air conditioning system serving the Premises, and no the cost of such failure or interruption facilities and modifications shall be deemed an eviction borne by Tenant. Tenant shall also pay the cost of providing all cooling energy to the Premises in excess of that required for normal office use or entitle during hours requested by Tenant when air conditioning is not otherwise furnished by Landlord. If Landlord installs lighting requiring power in excess of that required for normal office use in the Building or if Tenant installs equipment requiring power in excess of that required for normal desk-top office equipment or normal copying equipment, Tenant shall pay for the cost of such excess power, together with the cost of installing any additional risers or other facilities that may be necessary to terminate this Lease or withhold or furnish such excess power to the Premises. (d) In the event that Landlord, at ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing▇▇'s request, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity provides services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so Tenant that the Premises canare not be used by Tenant, otherwise provided for in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions , Tenant shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, pay Landlord's reasonable charges for such services upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordbilling therefor.

Utilities and Services. (a) Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewerfuel, heatand any other utilities for the Premises, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant inin connection therewith. If Tenant does not pay said utilities, on or about Landlord may pay the Premises during the Term, same and such payment together with any taxes thereon. Landlord shall not be liable for damages or otherwise for any failure or interruption Landlord's administration fee of any utility or other service furnished to the Premises, and no ten percent (10%) of such failure or interruption costs shall be deemed an eviction additional rent payable by Tenant upon demand by Landlord. In addition: (i) repair, maintenance and replacement of the HVAC System shall be dealt with in accordance with Section 7 of this Lease; (ii) excluding Landlord's Repairs, the Tenant will operate, maintain, repair and replace the portions of the HVAC System serving the Premises exclusively in order to maintain reasonable conditions of temperature and humidity within the Premises. The Tenant will comply with the stipulations and with the Rules and Regulations of the Landlord pertaining to the operation and regulation of that equipment. (b) Notwithstanding any provision to the contrary in this Lease: (i) in the event that the Landlord is unable to supply any of the Building's electrical, heating, air conditioning, or entitle Tenant water systems serving the Premises (collectively, the "ESSENTIAL SERVICES"), or (ii) the Landlord is unable to terminate this Lease or withhold or provide access to the Premises in accordance with its obligations hereunder (the "ACCESS RIGHTS") and such inability of the Landlord materially impairs the Tenant's ability to carry on its business in the Leased Premises for a period of five (5) consecutive days, the Basic Rent and Additional Rent shall abate commencing with the sixth (6th) day of such mat▇▇▇▇▇ interference with the Tenant's business, save as hereinafter provided. Such abatement shall continue until the Essential Services and Access Rights have been restored to such extent that the lack of any rent due hereunderEssential Services or Access Rights no longer materially impairs the Tenant's ability to carry on its business in the Leased Premises. The Tenant shall not be entitled to such an abatement to the extent that the Landlord's inability to supply Essential Services or Access Rights is caused by events beyond the Landlord's control, unless the Landlord is otherwise compensated for such Rent out of insurance proceeds which are or ought to have been payable to it, in which case the Tenant shall be entitled to abatement as provided herein to the extent of such proceeds. In the event of any stoppage or interruption of Essential Services to the Premises or inability to provide the Access Rights, the Landlord shall use diligent efforts to restore Essential Services to the Leased Premises and the Access Rights as soon as possible. (c) If at any time during the Term the Landlord, for reasons within its control, fails to provide Access Rights or any of the Essential Services and such failure materially impairs the Tenant's ability to carry on business in the Leased Premises, and such failure shall continue for five (5) consecutive days after written notice thereof from the Tenant, the Tenant shall have the right, but shall not be required to, take such reasonable steps as shall be necessary to cause the provision of such Essential Services or Access Rights, as applicable, including the payment of outstanding invoices and/or the performance of maintenance, repairs or replacements (such work performed by the Tenant shall be referred to herein as "SELF HELP WORK"), and any reasonable sums expended by the Tenant in so doing, commencing thirty (30) days after written demand accompanied by supporting invoices, shall be paid by the Landlord to the Tenant within thirty (30) days of receipt of written demand of the Tenant accompanied by invoices supporting such expenditures. Notwithstanding the foregoing, if the Tenant: (i) shall provide the Landlord twenty-four (24) hours written notice prior to performing any self help work; (ii) shall not commence performance of any self help work for so long as the Landlord has commenced work to cure the applicable default and continues to diligently perform such work; and (iii) shall not perform any self help work in a result manner that unreasonably interferes with the Landlord's or any other tenant's use of the actions of LandlordProject. (d) Subject to subsections (b) and (c) hereof, its agents, contractors should Landlord fail to perform any other term or employees, for more than three covenant under this Lease and if any such default shall not be cured and shall accordingly be continuing thirty (330) consecutive business days following written notice by Tenant to LandlordLandlord of such default (in the event that such default consists of a breach or failure by Landlord to pay any monetary amount due and payable by Landlord to Tenant) or sixty (60) days following written notice by Tenant to Landlord of such default (in the event such default consists of a breach or failure by Landlord to comply with any obligation of Landlord other than one involving the payment of a monetary amount payable by Landlord to Tenant or such longer period of time as may be reasonably required by Landlord to cure such default, then, in either such event, Tenant shall have the option (at Tenant's sole discretion) of remedying such default by self-help work as contemplated by subsection (c). (e) If Landlord fails to pay the amounts referred to in subsection (c) and (d) hereof, and there is no HVAC or electricity services dispute between the parties as to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, its obligations to do so that the Premises can(which dispute if not resolved within thirty (30) days shall be used by Tenant, in Tenant’s judgment reasonably exercisedreferred to arbitration), then Tenant’s Tenant shall be entitled to offset such unpaid amounts against Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordit falls due.

Utilities and Services. 15.1 Tenant shall be responsible pay for all water (including the cost to service, repair and shall pay promptlyreplace reverse osmosis, directly to the appropriate supplier, all charges for de-ionized and other treated water), gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial internet service, interior landscape maintenance cable television, other telecommunications and all other utilities, materials and services furnished directly utilities supplied to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any fees, surcharges and taxes thereon. Landlord shall If any such utility is not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished separately metered to the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant shall pay Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant's Pro Rata Share of all charges of such utility jointly metered with other premises as Additional Rent; provided, however, that Landlord acknowledges and agrees that electricity is, as of the date hereof, separately metered and water is included in Operating Expenses. 15.2 Except as set forth below, 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 accident; breakage; repair; strike, lockout or other labor disturbance or labor dispute of any character; act of terrorism; shortage of materials; governmental regulation, moratorium or other governmental action, inaction or delay; or other causes beyond Landlord's control (collectively, "Force 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; provided, however, if such interruption is the result of Landlord's negligence or willful misconduct and continues for five (5) consecutive business days, Tenant shall be entitled to an abatement or reduction of rent proportionate to the portion of the Premises as to which Tenant's use is interrupted (or as to all of the Premises if so much thereof is unusable that the entire Premises is unusable for Tenant’s intended use), to the extent such interruption persists. The foregoing abatement will also apply to interruptions in Tenant’s ability to use the Premises or portions thereof due to repairs, maintenance or construction work being performed by or on behalf of Landlord is diligently pursuing at the repair Building or Project. 15.3 Tenant shall pay for, prior to delinquency of payment therefor, any services that may be furnished to the Premises beyond those provided by Landlord, including telephone, internet service, cable television and other telecommunications, together with any fees, surcharges and taxes thereon. 15.4 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 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 Buildings' or Project's (as applicable) capacity to provide such 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 an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordservices.

Utilities and Services. Landlord and Tenant shall be responsible for to furnish those utilities and shall pay promptly, directly services to the appropriate supplierPremises to the extent provided in Exhibit C, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance subject to the conditions and all other utilities, materials payment obligations 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 thereonstandards set forth in this Lease. Landlord shall not be liable for damages or otherwise for any failure to furnish any services or interruption utilities when the failure is the result of any utility accident or other service furnished 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 the Premises, and no such failure furnish any services or interruption utilities shall be deemed an eviction or not entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoingdamages, if as a result relieve Tenant of the actions obligation to pay rent or constitute a constructive or other eviction of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment except that Landlord shall diligently attempt to restore the service or utility promptly. Tenant shall comply with all rules and regulations which Landlord may reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until establish for the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair provision of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposesutilities, as for example, bringing in portable air-conditioning equipment, then there and shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved cooperate with all reasonable conservation practices established by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the LeaseLandlord. Landlord shall, upon shall at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), all reasonable times have free access to all electrical and mechanical installations of Landlord. Notwithstanding anything to the contrary in this Lease, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof as a result of (i) any repair, maintenance, alteration or other work performed by Landlord (including those required or permitted by Landlord hereunder), or which Landlord failed to perform, after the Commencement Date and required by this Lease, which substantially interferes with Tenant’s use of or ingress to or egress from the Building, the Building parking facility or the Premises, (ii) any failure to provide the services, utilities, or the use of or ingress to and egress from the Building, the Building parking facility or the Premises, required by this Lease, or (iii) the presence of hazardous or toxic materials (not brought onto the Premises or into the Building by Tenant, its employees, agents or contractors) in violation of applicable law which is required to be remediated, abated, mitigated and/or removed in accordance with applicable law (any such set of circumstances as set forth in items (i), (ii) or (iii) above, to be known as an “Abatement Event”), then Tenant shall give Landlord written notice of such Abatement Event, and, if such Abatement Event continues for five (5) consecutive business days, or ten (10) non-consecutive business days in any twelve (12) month period, after Landlord’s receipt of any such notice (the “Eligibility Period”), then, so long as the cause for the Abatement Event was within the reasonable control of Landlord, or Landlord is otherwise obligated under the terms of this Lease to provide such work or service, rent (including Monthly Installments of Basic Rent and Tenant’s Share of Operating Expenses) (“Rent”) shall be abated or reduced, as the case may be, after the expiration of the Eligibility Period, for such time that such Abatement Event continues (the “Abatement Period”), in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, that in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then, so long as the cause for the Abatement Event was within the reasonable control of Landlord, for such time after the expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Rent for the entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during the Abatement Period, the 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 to Landlord from the date Tenant reoccupies such portion of the Premises. To the extent Tenant is entitled to abatement without regard to the Eligibility Period because of an event described in Sections 11 or 12 of this Lease, then the Eligibility Period shall not be applicable.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior 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. (a) Landlord shall not furnish, or cause to be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, the utilities and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoingservices described in Exhibit C attached hereto, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services subject to the Premises, or such an interruption of other essential utilities conditions and building services, such as fire protection or water, so that in accordance with the Premises cannot be used by Tenant, standards set forth therein and in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenantthis Lease; provided, however, that if notwithstanding the foregoing provisions of this Paragraph 7 or any provision in this Lease or Exhibit C to the contrary, Tenant shall be separately metered for electricity and shall be solely responsible for, and shall pay directly for (i) all electricity to the Premises, and (ii) all janitorial services to the Premises, including the cost of removal of any of Tenant’s refuse and rubbish from the Premises. (b) Tenant agrees to cooperate fully at all times with Landlord is diligently pursuing and to comply with all regulations and requirements which Landlord may from time to time prescribe for the repair 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; provided, however, Landlord shall use commercially reasonable efforts to enforce applicable regulations and requirements against all tenants. (c) In the event that Tenant shall require additional electric current, water or gas for use in the Premises and 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 shall proceed to install the same at the sole cost of Tenant, payable upon demand in advance. 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. In the case of any additional utilities or services to be provided hereunder, Landlord may require a switch and metering system to be installed so as to measure the amount of such additional utilities or services. The cost of installation, maintenance and repair thereof shall be paid by Tenant to Landlord provides substitute services reasonably suitable for Tenant’s purposesin advance, as for example, bringing in portable air-conditioning equipment, then there upon demand. (d) Landlord shall not be liable for, and Tenant shall not be entitled to, any damages, abatement or reduction of Rent, or other liability by reason of any failure to furnish any services or utilities described herein or in Exhibit C for any reason (other than Landlord’s gross negligence or willful misconduct, in which event Tenant shall be entitled to an abatement of Basic RentRent if such failure of services is not restored within 48 hours), including, without limitation, when caused by accident, breakage, repairs, Alterations or other improvements to the 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. Any disputes concerning the foregoing Landlord shall be resolved entitled to cooperate with the energy conservation efforts of governmental agencies or utility suppliers. 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 JAMS arbitration pursuant Landlord with respect to Section 22.7 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. (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) In the event of a conflict between the terms of Exhibit C or any subsequent standards and the terms of this Lease. The foregoing provisions , this Lease shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordcontrol.

Utilities and Services. Provided that Tenant shall is not in default under this Lease, Landlord agrees to furnish or cause to be responsible for and shall pay promptly, directly furnished to the appropriate supplierPremises the utilities and services described in the Standards for Utilities and Services, all charges for waterattached hereto as EXHIBIT C, gassubject to the conditions and in accordance with the standards set forth therein. Landlord's failure to furnish any of the foregoing items when such failure is caused by: (i) Accident, breakage, or repairs (except as otherwise set forth in this Article 16), (ii) Strikes, lockouts or other labor disturbance or labor dispute of any character, (iii) Governmental regulation, moratorium or other governmental action, (iv) Inability despite the exercise of reasonable diligence to obtain electricity, sewerwater or fuel, heator by (v) Any other cause beyond Landlord's reasonable control (except as otherwise set forth in this Article 16), lightshall not result in any liability to Landlord. Except as otherwise set forth in this Article 16, power, telephone, refuse pickup, janitorial service, interior 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. Landlord shall not be liable for damages entitled to any abatement or otherwise for reduction of rent by reason of such failure, no eviction of Tenant shall result from such failure and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord shall diligently attempt to resume service promptly. In the event failure or interruption of any utility the utilities services are primarily caused by a grossly negligent act on the part of Landlord or other service furnished to the Premisesits employees, and no such failure agents or interruption contractors, Tenant's rent shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding each day after the foregoing, if fifth (5th) consecutive day (counting only those days that Tenant would have otherwise been open and operating from the Premises and only for those days which Tenant cannot operate from the Premises as a result of the actions of Landlordinterruption, its agents, contractors cessation or employees, for more than three (3interference with such utility service) consecutive business days following written notice to Landlord, there is no HVAC that such failure or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordcontinues.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior 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. Landlord shall not be liable for 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 ▇a▇▇▇▇ 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 a result of the negligent actions or omissions of Landlord, its agents, contractors authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord, 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, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be he governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior 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. Landlord shall not be liable for 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 ▇▇abat▇ ▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three two (32) consecutive business days following written notice to LandlordLandlord (or oral notice to Landlord if written notice is not feasible), there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s 's judgment reasonably exercised, then Tenant’s 's Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon shall at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), all reasonable times have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall be responsible for and Lessee shall pay promptly, directly to the appropriate supplier, for all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance trash disposal and all other utilities, materials utilities and services furnished supplied directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the TermPremises, together with any taxes thereon. Landlord There shall be no abatement of Rent and Lessor shall not be liable in any respect whatsoever for damages the inadequacy, stoppage, interruption or otherwise for any failure or interruption discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repair or other service furnished cause beyond Lessor’s reasonable control or in cooperation with governmental request or directions. Notwithstanding anything to the Premisescontrary set forth herein, (i) if a stoppage of an Essential Service (as defined below) to the Premises shall occur, and no such failure stoppage is due to the negligence or interruption willful misconduct of Lessor and not due to any act or omission on the part of Lessee (any such stoppage of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than five (5) consecutive days after Lessor shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoinghave received written notice thereof from Lessee, if and (iii) as a result of such Service Interruption, the actions conduct of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, Lessee’s normal operations in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenantadversely affected in any material respect, then, there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such five (5) day period; provided, however, that if Landlord any part of the Premises is diligently pursuing reasonably useable for Lessee’s normal business operations or if Lessee conducts all or any part of its operations in any portion of the repair of Premises notwithstanding such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air-conditioning equipmentService Interruption, then there shall not be an the amount of each daily abatement of Basic RentBase Rent shall only be proportionate to the nature and extent of the interruption of Lessee’s normal operations or ability to use the Premises. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction ofFor purposes hereof, the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.term “

Utilities and Services. Landlord shall furnish to the Premises the utilities and services described in the Standards for Utilities and Services, attached hereto as Exhibit C. Tenant agrees to perform and be bound by all of the provisions of Exhibit C. Charges for any services, goods or materials furnished by Landlord at Tenant's request and charges for services, goods and materials furnished by Landlord as a result of uses or demands by Tenant in excess of those normally furnished to other tenants in the Building with general office usage may be billed to Tenant on its monthly rental statement and if so billed, shall payable by Tenant together with its rent (or if not billed on the monthly rental statement, the charges shall be responsible payable within twenty (20) days after Landlord delivers a statement for such services, goods or materials to Tenant). Interruption of utilities or services (including telephone and shall pay promptlytelecommunications services) or Landlord's failure to furnish any of such utilities or services when such interruption or failure is caused by (i) accident, directly breakage or repairs, (ii) strikes, lockouts or other labor disturbance or labor dispute of any character, (iii) governmental regulation, moratorium or other governmental action, (iv) inability despite the exercise of reasonable diligence to the appropriate supplier, all charges for waterobtain electricity, gas, water or fuel, (v) limitation, rationing, curtailment or restriction on the use of water, electricity, sewergas, heatheating, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all cooling or other utilities, materials and services furnished directly forms of service or utility provided to Tenant or the Premises or used by the Building or (vi) any other cause beyond Landlord's reasonable control, shall not give rise to a claim for damages against Landlord or otherwise result in any liability to Landlord. In addition, Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall not be liable entitled to any offset, abatement or reduction of rent by reason of such failure, no actual or constructive eviction of Tenant shall result from such failure and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord shall diligently attempt to resume service promptly. Tenant's sole remedy for damages breach of this Article by Landlord shall be an action for damages, as provided for and limited by Section 17.6 of this Lease. If Tenant is prevented from using, and does not use, the Premises or otherwise for any portion thereof, or if Tenant's ability to conduct its business operations from the Premises is materially impaired, as a result of any failure or interruption of any utility or other service furnished to provide services to the Premises, and no such failure did not result from a casualty covered by Article 15 below and was not caused directly or interruption shall be deemed indirectly by an eviction act or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result omission of the actions of LandlordTenant, its agents, contractors or employees, agents or visitors, guests, invitees or licensees (a "Services Failure Event"), then Tenant shall give written notice of such Services Failure Event to Landlord. If the Services Failure Event continues for more than three seven (37) consecutive business days following (the "Services Failure Period") after Landlord's receipt of Tenant's written notice notice, then Rent shall be abated or reduced after expiration of the Services Failure Period for such time that Tenant continues to Landlordbe so prevented from using, there and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is no HVAC or electricity services prevented from using, and does not use, bears to the total rentable area of the Premises, or such an interruption provided that Rent shall be abated completely if the portion of other essential utilities and building services, such as fire protection or water, so that the Premises canthat Tenant is prevented from using, and does not be used by Tenantuse, is so significant as to make it impractical for Tenant to conduct its business in the Premises and Tenant does not, in Tenant’s judgment reasonably exercisedfact, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; providedfor that reason, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing conduct its business in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior 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. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility or other service furnished to the Premises, and except as expressly provided in the next succeeding paragraph of this Section 6.1, no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇abat▇ ▇▇▇ any rent due hereunder. Landlord shall at all reasonable times have free access to all electrical and mechanical installations of Landlord. In exercising Landlord's right of free access to all mechanical and electrical installations, Landlord shall not unreasonably interfere with Tenant's use and enjoyment of the Premises. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord, 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, in Tenant’s judgment reasonably exercised, then Tenant’s 's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; 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 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be submitted to and resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. (a) Tenant shall obtain in its own name and shall pay directly to the appropriate suppliers the cost of all utilities and services used in connection with the Lease and/or Premises, including, but not limited to, water, sewer, natural gas, heat, light, electrical power, telephone, refuse disposal, janitorial and other utilities and services. ▇▇▇▇▇▇ also acknowledges and agrees to reimburse the allocated expense for the operation of the sewer and grinder servicing the premises from the adjoining property known as the Old Library, dba The Library Steakhouse. Landlord does not warrant that any of the services mentioned above or any other service will be free from interruption caused by repairs, improvements, alterations, strikes, lockouts, labor controversies, accidents, or any other cause(s) beyond the control of the Landlord. Any interruption of service whatsoever shall never be deemed an eviction or disturbance of Tenant’s use and Possession of all or any part of the Premises, or render Landlord liable to Tenant for damages or relieve Tenant from performance of Tenant’s obligations under this Lease, unless such interruption of service is due solely to Landlord’s gross negligence or intentional misconduct. (b) Tenant shall not install in the Premises any equipment which requires more electric current than 220-240 volts, taking into account the capacity of the electric wiring in the Premises, and shall not in any event use any electrical equipment which requires in excess 220-240 volts without prior written approval of Landlord. Such approval will be based upon the inspection and opinion of a certified electrician which shall be obtained at the cost of the Tenant. No electric wires, antennae, satellite dish, aerial wires or other electrical equipment or apparatus and signal, cable television, alarm or other utility or similar service connections (collectively “Additions”) shall be installed or changed inside, outside or to the Premises by Tenant without the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant shall be responsible for and shall pay promptly, directly to all costs in connection with the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance installation or removal of any 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. Landlord shall not be liable for 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 ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of LandlordAdditions.

Utilities and Services. Landlord agrees to furnish the Premises with heat and air conditioning, elevator services, if installed, water, sanitary sewer, and electric current for lighting, ordinary orthodontic, dental and medical equipment and business appliances. If any utilities provided to Tenant are separately metered, Tenant shall be responsible for pay all costs associated with the usage of such utilities and shall pay promptly, directly all costs of telephone installations and service. Notwithstanding anything contained in the Lease to the appropriate suppliercontrary, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior 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 if any taxes thereon. Landlord shall not be liable for damages or otherwise for any failure or interruption of any utility utilities or other service furnished to the Premises, and no such failure or interruption services shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, continue for more than three (3) consecutive business days following and shall render any portion of the Premises unusable for the normal conduct of Tenant's business, and if Tenant does not in fact use or occupy such portion of the Premises, then all rent payable hereunder with respect to such portion of the Premises which Tenant does not occupy shall be abated retroactively to the first (1st) business day of such interruption and such abatement shall continue until full use of such portion of the Premises is restored to Tenant. Provided that if such interruption continues for more than twenty (20) consecutive business days, Tenant shall have the right to terminate the Lease upon written notice to Landlord. Thereupon, there is no HVAC or electricity services to this Lease shall terminate and expire on the Premisesdate set forth in such notice, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there which date shall not be an abatement more than ninety (90) days after the date of Basic Rentsuch notice. Any disputes concerning Except in the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction ofan emergency, the Premises, which shall Landlord will give Tenant at least five (5) business days prior notice if Landlord intends to interrupt any services required to be governed furnished by the provisions of Article XI of the LeaseLandlord. Landlord shall, upon at least 24 hours prior notice shall insure that any such interruptions are minimized to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordthe extent possible.

Utilities and Services. Landlord and Tenant shall be responsible for to furnish those utilities and shall pay promptly, directly services to the appropriate supplierPremises to the extent provided in Exhibit C, all charges for watersubject to the conditions and payment obligations and standards set forth in this Lease. Landlord’s failure to furnish, gasor any interruption, electricitydiminishment or termination of, sewerservices due to the application of laws, heatthe failure of any equipment, lightthe performance of repairs, powerimprovements or alterations, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant utility interruptions or the Premises occurrence of an event of force majeure (defined in Section 20.8) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or used by Tenant inagreement, on or about the Premises during the Term, together with any taxes thereon. except that Landlord shall not be liable for damages diligently attempt to restore the service or otherwise for any failure or interruption of any utility or other service furnished to promptly. However, if the Premises, and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding a material portion of the foregoingPremises, if are made untenantable for a period in excess of 5 consecutive business days as a result of a service interruption that is reasonably within the actions control of Landlord, its agents, contractors or employees, Landlord to correct and through no fault of Tenant and for more reasons other than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, contemplated in Tenant’s judgment reasonably exercisedArticle 11, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for exampleits sole remedy, bringing in portable air-conditioning equipment, then there shall not be entitled to receive an abatement of Basic Rent. Any disputes concerning Rent payable hereunder during the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction of, period beginning on the Premises, which shall be governed by the provisions of Article XI 6th consecutive business day of the Leaseservice interruption and ending on the day the service has been restored. 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. Landlord shallshall at all reasonable times, upon at least 24 hours prior reasonable advanced notice to Tenant and during normal business hours (except in cases the case of emergencyemergency when no advance notice shall be required), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior 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. Landlord shall not be liable for 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 ▇a▇▇▇▇ 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 a result of the direct actions of Landlord, its agents, contractors authorized agents or employees, for more than three (3) consecutive business days following written notice to Landlord, 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, in Tenant’s judgment reasonably exercised, then Tenant’s 's Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; 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 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of the actions of parties other than Landlord, its contractors, authorized agents or employees, or in the case of damage to, or destruction of, the Premises, Premises (which shall be governed by the provisions of Article XI of the Lease). Landlord shall, upon at least 24 hours prior notice Any disputes concerning the foregoing provisions shall be submitted to Tenant and during normal business hours (except in cases resolved by JAMS arbitration pursuant to Section 22.7 of emergency), have free access to all electrical and mechanical installations of Landlordthis Lease.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior 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. Landlord shall not be liable for 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 ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s 's judgment reasonably exercised, then Tenant’s 's Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant Buildings and Site. (a) Landlord shall be responsible for provide site exterior lighting (b) Landlord, at no expense to Tenant, shall maintain the parking area adjacent to the Buildings including associated landscaped and parking areas and the access ways thereto, in a clean and orderly condition, and shall replace any broken plate glass windows or doors in the Buildings, unless such breakage is caused by Tenant’s or its agents’, employees’, customers’ or invitees’ improper acts or misuse of the Premises, in which case Tenant will pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior 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 cost of repair of any taxes thereonsuch damage. Landlord shall not be liable liable, however, for damages either the failure, or otherwise delay, to furnish any of the services or utilities specified in this Paragraph 8, or the curtailment of such services or utilities, when such failure or curtailment is caused by conditions beyond the reasonable control of Landlord or by accidents, strikes, repairs or improvements to Premises, or to the Buildings, nor shall any such failure constitute a constructive eviction of Tenant, entitle Tenant to the abatement of rent, relieve Tenant from observing and performing any of the provisions of this Lease, or any other claims against Landlord. Landlord is not responsible for any failure maintenance of the Greenhouse. Notwithstanding the foregoing or interruption anything to the contrary contained in this Lease (but subject to the last sentence of this subsection (b)), Tenant shall cease to occupy, and shall not in fact use, any Premises located in a Building because such Premises have become unsuitable for Tenant’s use as a consequence of a cessation of utilities or services not caused by Tenant or any of its agents, employees or contractors for a period exceeding five (5) consecutive days, or the presence of any utility Hazardous Materials not introduced to the Office Project by Tenant or any of Tenant’s employees, agents, contractors or invitees that shall have a material and adverse effect on Tenant’s ability to occupy its Premises in the relevant Building, then Tenant shall be entitled to an abatement of all rent payable hereunder for so long as Tenant does not in fact use the relevant Premises because the Premises have become unsuitable for Tenant’s use, and Monthly Base Rent shall be abated based on the proportion that the Premises so affected bears to the total Premises leased hereby. If such interference cannot be corrected or the damage resulting therefrom repaired so that the entire Premises will be reasonably suitable for Tenant’s use within one hundred twenty (120) days after the occurrence of such event and Tenant does not in fact use the entire Premises for the conduct of its business during the entirety of such period, then Tenant also shall be entitled, at the end of such one hundred twenty (120) day period for a period of ten (10) business days hereafter to terminate this Lease (and receive a full refund and return of its deposits and any prepaid rent) by delivery of written notice of termination to Landlord, unless the interfering event is abated prior to the date Tenant gives notice. Any casualty or damage to the Premises shall be governed by Paragraph 20 hereof. (c) [Intentionally Deleted]. (d) Subject to applicable laws, Landlord will provide reasonable amounts of water for the uses contemplated at the Premises, provided Tenant shall pay the costs of water/sewer for the 1530 Premises, which shall be separately metered. (e) Tenant shall pay its own janitorial, gas and electricity costs for the Premises, and Landlord shall bear no responsibility to supply such utilities or services, other service furnished than water as noted in subsection (d), above. All such utilities shall be separately metered to one or more portions of the Premises. Tenant shall cause the Premises to be cleaned with sufficient frequency to preserve the neat, clean appearance of the Premises. (f) Landlord shall provide Tenant with keys to the Premises, and no such failure otherwise provide Tenant with access to the Premises twenty four (24) hours per day, seven (7) days per week, subject to any temporary closure as reasonably required for Landlord to carry out its repair obligations hereunder, the effect of casualty, and disaster, riot, public disturbance or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding other cause prevalent in the foregoing, if as a result area of the actions Premises that shall result in closure of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to similar buildings located in the area of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Landlord and Tenant shall be responsible for to furnish those utilities and shall pay promptly, directly services to the appropriate supplierPremises to the extent provided in Exhibit C, all charges for watersubject to the conditions and payment obligations and standards set forth in this Lease. Landlord’s failure to furnish, gasor any interruption, electricitydiminishment or termination of, sewerservices due to the application of laws, heatthe failure of any equipment, lightthe performance of repairs, powerimprovements or alterations, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant utility interruptions or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord occurrence of an event of force majeure (defined in Section 20.8) shall not be render Landlord liable for damages to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant 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 ▇▇▇▇▇ any rent due hereunderagreement. Notwithstanding the foregoing, if as a result of the direct actions of Landlord, its agentsemployees, contractors or employeesauthorized agents, for more than three (3) consecutive business days following written notice to Landlord, 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 reasonably be used by Tenant, in Tenant’s judgment reasonably exercisedTenant for normal business purposes, then Tenant’s Basic Rent (or an equitable portion of such Basic Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-air conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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, Premises (which shall be governed by the provisions of Article XI 11 of the Lease). Landlord shall, upon at least 24 hours prior notice Any disputes concerning the foregoing provisions shall be submitted to Tenant and during normal business hours (except in cases resolved by JAMS arbitration pursuant to Section II of emergency), have free access the Work Letter attached to all electrical and mechanical installations of Landlordthis Lease.

Utilities and Services. Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial service, interior 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. Landlord shall not be liable for 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 ▇▇▇▇▇ 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 a result of the actions of Landlord, its agents, contractors or employeesemployees 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, Landlord there is no HVAC service or electricity services 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 Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s 's obligation to pay Basic Rent and Operating Expenses (or an equitable portion of such Basic Rent and Operating Expenses to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable useable by Tenant; 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 's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic RentRent or Operating Expenses. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon shall at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), all reasonable times have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Tenant shall pay all charges against the Premises for water, sanitary sewer, gas, light, heat, electricity and any other utility services furnished to or consumed on the Premises directly to such providers thereof, and if any such services are provided by Landlord, they shall be so provided without any cost markup applicable thereto. The cost of any services shared with another property which are not separately billed to Tenant shall be reasonably proportioned between the properties services thereby in Landlord’s reasonable determination. Tenant shall be responsible for obtaining and shall pay promptlypaying all costs of janitorial services for the Property (including the restrooms on each floor of the Premises), directly to the appropriate suppliertrash removal, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, janitorial internet and telephone service, interior 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. Landlord shall not be have the right, without being liable to Tenant and without abatement or reduction of rent, to suspend, delay or stop any of the utilities or services provided by Landlord whenever necessary due for damages emergency, inspection, cleaning, repairs, replacements, alterations, improvements or otherwise for renewals that are necessary in Landlord's judgment, and whenever necessary due to causes beyond Landlord's control, and shall provide Tenant with prior notice of such interruptions to the extent reasonably possible. In any failure such event, Landlord shall use reasonable diligence to complete repairs promptly so as to minimize any resulting interruptions in utilities or services. If through an act or omission of Landlord, its employees, agents, contractors, or representatives, there is an interruption of any utility or other service furnished services to the PremisesPremises which renders all or a portion of the Premises unusable, and no such failure or interruption then rent payable under Section 5.1 shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding in same proportion as the foregoing, if as a result unusable portion of the actions of Landlord, its agents, contractors or employees, for more than Premises bears to the entire Premises from that date which is three (3) consecutive business days following written after Tenant gives Landlord notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordinterruption until such interruption ceases.

Utilities and Services. 16.1 Tenant shall be responsible pay for and shall pay promptly, directly to the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickupcable, janitorial service, interior landscape maintenance and all other utilities, materials and services utilities which may be 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. Landlord shall install, as part of the Tenant Improvement Budget, separate meters or measuring devices for the determination of Tenant's actual use of water, gas and electricity. Utilities and services provided to the Premises shall be paid by Tenant directly to the supplier of such utility or service, and Tenant shall pay for such utilities and services prior to delinquency during the Term of this Lease. In the event one tenant of the Project is using a disproportionate amount of any utility that is not separately metered, Landlord shall allocate an equitable portion of such utility and charge such utility cost to such tenant. 16.2 Except as otherwise set forth herein, Landlord shall not be liable for damages or otherwise for for, nor shall any eviction of Tenant result from, any failure or interruption of any such utility or other service furnished to the Premisesservice, and no in the event of such failure Tenant shall not be relieved from the operation of any covenant or interruption shall be deemed an eviction or entitle Tenant to terminate agreement of this Lease or withhold or ▇▇▇▇▇ any rent due hereunderLease. Notwithstanding However, notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises canshould become not be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, 's use as a consequence of cessation of utilities or other services which cessation persists for example, bringing in portable air-conditioning equipmentseven (7) consecutive days, then there Tenant shall not be entitled to an equitable abatement of Basic Rentrent to the extent of the interference with Tenant's use of the Premises occasioned thereby. Any disputes concerning If the foregoing interference persists for more than one hundred twenty (120) consecutive days, Tenant shall be resolved by JAMS arbitration pursuant have the right to Section 22.7 of terminate this Lease. The foregoing provisions . 16.3 Tenant shall not apply in case provide and pay for janitors, maintenance personnel, and other persons who perform duties connected with Tenant's operation and maintenance of damage to, or destruction of, the interior of the Premises, which shall be governed by the provisions of Article XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlord.

Utilities and Services. Provided Tenant is not in default of any term, condition or covenant of this Lease, Tenant agrees to furnish or cause to be furnished to the Leased Premises gas, water (for drinking, cleaning and lavatory purposes only), and electricity during the term of this Lease. Tenant shall furnish tempered and refrigerated water at those points of supply designated by Landlord in the Common Areas, heated and refrigerated air conditioning in season (at temperatures, in amounts and at times considered by Landlord to be responsible for standard or in compliance with any governmental regulations; such service after hours, on Saturday afternoons, Sundays and holidays will be furnished only upon the prior written request of Tenant who shall pay promptly, directly to bear the appropriate supplier, all charges for water, gas, electricity, sewer, heat, light, power, telephone, refuse pickup, entire cost thereof). Tenant shall furnish janitorial service, interior landscape maintenance in the manner and all other utilities, materials and services furnished directly to Tenant or the Premises or used extent deemed standard by Tenant in, on or about the Premises Landlord during the Termperiods and hours as such services are normally furnished to all tenants. Tenant shall not hinder the work of the Building Maintenance personnel. Landlord shall furnish routine maintenance, together with any taxes thereonpainting and lighting service for all Common Areas in the manner and to the extent deemed by Landlord to be standard. Tenant will pay all telephone charges. Landlord shall not be liable for in damages or otherwise for any failure failure, stoppage or interruption of any utility or other such service furnished to nor shall the Premises, and no such failure or interruption shall same be deemed construed as an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be work an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. The foregoing provisions shall not apply in case of damage to, or destruction ofrelieve Tenant from the operation of any covenant or agreement set forth herein; but in the event of any failure, stoppage or interruption thereof not caused by Tenant or Tenant's agents, employees, contractors, clients or invites, Landlord shall use reasonable diligence to resume service promptly. Notwithstanding anything hereinabove to the Premisescontrary, which shall be governed by Landlord reserves the provisions of Article XI of right from time to time to make reasonable modifications to the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant above standards for services and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordutilities.

Utilities and Services. Tenant shall Throughout the Term of the Lease so long as the Premises are occupied, Lessor agrees to furnish or cause to be responsible for and shall pay promptly, directly furnished to the appropriate supplierPremises the utilities and services described in the Standards for Utilities and Services attached hereto as Exhibit “F”. Except for Lessor’s gross negligent or willful misconduct Lessor will not be liable to Lessee 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, all charges for waterbreakage or repairs; (ii) strikes, gaslockouts 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, sewerwater or fuel; or (v) any other cause beyond Lessor’s reasonable control. In addition, heat, light, power, telephone, refuse pickup, janitorial service, interior landscape maintenance and all other in the event of any stoppage or interruption of services or 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. Landlord Lessee shall not be liable for damages entitled to any abatement or otherwise for reduction of rent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or laking described therein), no eviction of Lessee will result from such failure and Lessee will not be relieved from the performance of any failure covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Lessor agrees to diligently attempt to resume service promptly. If Lessee requires or utilizes an unreasonably greater amount of any utility water or other service furnished electrical power, Lessor may at its option require Lessee to pay, as additional rent, the cost, as reasonably determined by Lessor, incurred by such extraordinary usage and/or Lessor may install separate meter(s) for the Premises, at Lessee’s sole expense, and no such failure or interruption shall be deemed an eviction or entitle Tenant Lessee agrees thereafter to terminate this Lease or withhold or ▇▇▇▇▇ any rent due hereunder. Notwithstanding the foregoing, if as a result pay all shares of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordutility providing service.

Utilities and Services. Tenant shall be responsible for obtain in its own name and shall pay promptly, directly to the appropriate suppliersupplier the cost of all utilities and services serving the Leased Premises, all charges for waterincluding, but not limited to: natural gas, electricity, sewer, heat, light, electrical power, water, sewer, telephone, refuse pickup, janitorial service, interior landscape maintenance refuse disposal and all other utilitiesutilities and services. Except as set forth below, 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. Landlord shall not be liable for in damages or otherwise for any failure or interruption of any utility service or other service furnished to the Leased Premises, ; and no such failure or interruption shall be deemed an eviction or entitle Tenant to terminate this Lease or withhold or ▇▇▇▇▇ any rent sums due hereunder. Notwithstanding the foregoing, if in the event that (i) such interruption is due to Landlord’s, or its employees’, agents’ or contractors’, negligence or intentional wrongful acts, and (ii) the Leased Premises are untenantable (meaning that Tenant is not reasonably able to use such space in the normal course of its business for the Intended Use), then Tenant shall notify Landlord in writing that Tenant intends to ▇▇▇▇▇ rent. If service has not been restored within five (5) days of Landlord’s receipt of Tenant’s notice, then Minimum Annual Rent and Additional Rent shall ▇▇▇▇▇ on a per diem basis commencing on the date of the interruption and continuing during the time when the Leased Premises remains 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 a result of the actions of Landlord, its agents, contractors or employees, for more than three (3) consecutive business days following written notice to Landlord, there is no HVAC or electricity services to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that the Premises cannot be used by Tenant, in Tenant’s judgment reasonably exercised, then Tenant’s Basic Rent shall thereafter be abated until the Premises are again usable by Tenant; 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 purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of Basic Rent. Any disputes concerning the foregoing shall be resolved by JAMS arbitration pursuant to Section 22.7 of this Lease. 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 XI of the Lease. Landlord shall, upon at least 24 hours prior notice to Tenant and during normal business hours (except in cases of emergency), have free access to all electrical and mechanical installations of Landlordthereof.