OF
SECTION 6.1 OF THIS LEASE.
IF TENANT USES WATER OR HVAC IN EXCESS OF THAT
TYPICALLY SUPPLIED FOR OFFICE USES IN SIMILAR BUILDINGS, OR IF TENANT'S
CONSUMPTION OF ELECTRICITY SHALL EXCEED AN AVERAGE OF THREE (3) WATTS PER
USEABLE SQUARE FOOT OF THE PREMISES, CONNECTED LOAD, CALCULATED ON A MONTHLY
BASIS DURING THE BUILDING HOURS SET FORTH IN SECTION 6.1.1 ABOVE, THEN TENANT
SHALL PAY TO LANDLORD, WITHIN THIRTY (30) DAYS AFTER BILLING, THE COST OF SUCH
EXCESS CONSUMPTION, THE COST OF THE INSTALLATION, OPERATION, AND MAINTENANCE OF
EQUIPMENT WHICH IS INSTALLED IN ORDER TO SUPPLY SUCH EXCESS CONSUMPTION,
ADMINISTRATIVE AND OVERHEAD COSTS INCURRED IN CONNECTION WITH SUCH EXCESS
CONSUMPTION, AND THE COST OF THE INCREASED WEAR AND TEAR ON EXISTING EQUIPMENT
CAUSED BY SUCH EXCESS CONSUMPTION; AND LANDLORD MAY INSTALL DEVICES TO
SEPARATELY METER ANY INCREASED USE AND IN SUCH EVENT TENANT SHALL PAY THE
INCREASED COST DIRECTLY TO LANDLORD, WITHIN THIRTY (30) DAYS AFTER DEMAND,
INCLUDING THE COST OF SUCH ADDITIONAL METERING DEVICES.
IF TENANT DESIRES TO
USE HVAC DURING HOURS OTHER THAN THE BUILDING HOURS, (I) TENANT SHALL GIVE
LANDLORD SUCH PRIOR NOTICE, AS LANDLORD SHALL FROM TIME TO TIME ESTABLISH AS
APPROPRIATE, OF TENANT'S DESIRED USE, (II) LANDLORD SHALL SUPPLY SUCH
AFTER-HOURS HVAC TO TENANT AT SUCH HOURLY COST (WHICH SHALL INCLUDE, WITHOUT
LIMITATION, THE COST OF THE USE OF SUCH HVAC, ADMINISTRATIVE AND OVERHEAD
CHARGES, AND THE COST OF MAINTENANCE AND INCREASED WEAR AND TEAR ON EQUIPMENT
USED TO PROVIDE SUCH AFTER-HOURS HVAC) TO TENANT AS LANDLORD SHALL FROM TIME TO
TIME ESTABLISH, AND (III) TENANT SHALL PAY SUCH COST WITHIN THIRTY (30) DAYS
AFTER BILLING.
6.3
INTERRUPTION OF USE.
TENANT AGREES THAT LANDLORD SHALL NOT BE
LIABLE FOR DAMAGES, BY ABATEMENT OF RENT OR OTHERWISE, FOR FAILURE TO FURNISH OR
DELAY IN FURNISHING ANY SERVICE (INCLUDING TELEPHONE AND TELECOMMUNICATION
SERVICES), OR FOR ANY DIMINUTION IN THE QUALITY OR QUANTITY THEREOF, WHEN SUCH
FAILURE OR DELAY OR DIMINUTION IS OCCASIONED, IN WHOLE OR IN PART, BY REPAIRS,
REPLACEMENTS, OR IMPROVEMENTS, BY ANY STRIKE, LOCKOUT OR OTHER LABOR TROUBLE, BY
INABILITY TO SECURE ELECTRICITY, GAS, WATER, OR OTHER FUEL AT THE BUILDING AFTER
REASONABLE EFFORT TO DO SO, BY ANY ACCIDENT OR CASUALTY WHATSOEVER, BY ACT OR
DEFAULT OF TENANT OR OTHER PARTIES, OR BY ANY OTHER CAUSE BEYOND LANDLORD'S
REASONABLE CONTROL; AND SUCH FAILURES OR DELAYS OR DIMINUTION SHALL NEVER BE
DEEMED TO CONSTITUTE AN EVICTION OR DISTURBANCE OF TENANT'S USE AND POSSESSION
OF THE PREMISES OR RELIEVE TENANT FROM PAYING RENT OR PERFORMING ANY OF ITS
OBLIGATIONS UNDER THIS LEASE.
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 A
FAILURE TO FURNISH ANY OF THE SERVICES OR UTILITIES AS SET FORTH IN THIS
ARTICLE 6.
6.4
ADDITIONAL SERVICES.
LANDLORD SHALL ALSO HAVE THE EXCLUSIVE
RIGHT, BUT NOT THE OBLIGATION,