This excerpt taken from the TPTX 8-K filed Oct 10, 2006.



Section 15.1 - Utilities


(a)           Tenant shall pay for the use of all electrical, gas, water, sewer and other utility service to the Leased Premises.  Tenant shall be billed directly by each such utility (except water which may at Landlord’s election be separately metered and billed to Tenant) and Tenant agrees to pay each such bill promptly in accordance with its terms.  In the event that for any reason Tenant cannot be billed directly, Landlord shall forward each bill with respect to the Leased Premises to Tenant and Tenant shall pay it promptly in accordance with its terms.  Notwithstanding anything contained herein to the contrary, if Tenant cannot be separately metered for any reason, Tenant shall pay Landlord as Additional Rent and in monthly installments at the time prescribed for monthly installments of Base Rent, an annual amount, as estimated by Landlord from time to time, which Tenant would pay for such utility service if the same were separately metered to the Leased Premises by the local utility company and billed to Tenant at such company’s current rates (including applicable taxes).  The cost of any utility service supplied to the Project or Common Areas by Landlord shall be included in Operating Costs.


(b)           In the event Tenant does not directly pay the bills for water used in the Leased Premises, Tenant shall not waste or permit the wasting of water, nor shall Tenant use water for purposes other than drinking, lavatory, laboratory or toilet purposes through fixtures installed by Landlord or by Tenant, with Landlord’s consent.  Tenant shall pay Landlord for domestic water and hot water furnished or used for any other purpose as Additional Rent, at reasonable rates fixed by Landlord, and, in connection therewith, Landlord may require tenant at Tenant’s cost to install a submeter to measure Tenant water usage.  Tenant shall not introduce into the sewer system any harmful or dangerous substances and shall not overload the sewer system by abnormal usage.


(c)           Tenant agrees that Landlord shall not be liable in damages, by abatement of rent or otherwise, for failure to furnish or for a delay in furnishing any service or utility, whether the responsibility of Landlord or others, if such failure or delay is occasioned, in whole or in part, by repairs, renewals or improvements authorized by this Lease, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water or other fuel at the Building or Project after




reasonable effort so to do, by any accident or casualty whatsoever, by the act or default of Tenant or other parties, or by any other cause beyond the reasonable control of Landlord; and such failures or delays shall never be deemed to constitute an eviction or disturbance of the Tenant’s use and possession of the Leased Premises or relieve the Tenant from paying rent or performing any of its obligations under this Lease.  Notwithstanding the foregoing: (i) in the event that Landlord is unable to supply any of the Building’s sanitary, electrical, heating, air conditioning, water, elevator, life safety or other essential systems serving the Premises (collectively, the “Essential Services”), and such inability is the result of an occurrence within Landlord’s reasonable control and materially impairs Tenant’s ability to carry on its business in the Leased Premises for a period of five (5) consecutive business days, the Base Rent shall be abated commencing with the sixth (6th) business day of such material interference with Tenant’s business, based upon the extent to which such inability to supply Essential Services materially impairs Tenant’s ability to carry on its business in the Leased Premises.  Such abatement shall continue until the Essential Services have been restored to such extent that the lack of any remaining services no longer materially impairs Tenant’s ability to carry on its business in the Leased Premises.  Tenant shall not be entitled to such an abatement to the extent that Landlord’s inability to supply Essential Services to Tenant is caused by Tenant, its employees, contractors, agents, licensees or invitees.


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