OPERATING EXPENSES, ACTUAL
COST SHALL NOT INCLUDE AND TENANT SHALL NOT BE REQUIRED TO PAY AN ADDITIONAL
AMOUNT ABOVE THE ADMINISTRATIVE AND/OR SURCHARGES SPECIFICALLY SET FORTH IN THIS
LEASE FOR USE OF SUCH PERSONNEL (EXCEPT TO THE EXTENT SUCH PERSONNEL IS UTILIZED
BY TENANT ON AN OVERTIME BASIS).
LANDLORD MAY INSTALL DEVICES TO SEPARATELY
METER ANY SUCH EXCESS USE, AND IN SUCH EVENT TENANT SHALL PAY TO LANDLORD THE
ACTUAL COST OF SUCH ADDITIONAL METERING DEVICES WITHIN THIRTY (30) DAYS AFTER
DEMAND THEREFOR IF EXCESS USE IS SHOWN BY SUCH METERS TO BE PRESENT.
IN ADDITION TO THE FOREGOING, IF TENANT DESIRES TO USE HVAC IN THE PREMISES FROM
OTHER THAN THE SUPPLEMENTAL HVAC EQUIPMENT DESCRIBED IN SECTION 6.1.7 ABOVE
DURING HOURS OTHER THAN THE BUSINESS HOURS:
(A) TO THE EXTENT CONTROLS FOR SUCH
NON-BUSINESS HOURS HVAC ARE NOT CONTAINED WITH THE PREMISES, TENANT SHALL GIVE
LANDLORD SUCH PRIOR NOTICE OF TENANT'S DESIRED USE THEREOF, AS LANDLORD SHALL
FROM TIME TO TIME ESTABLISH AS APPROPRIATE; PROVIDED THAT, AT A MINIMUM, TENANT
SHALL BE ABLE TO ACCOMPLISH SUCH NOTICE THROUGH TELEPHONIC DIAL-UP AND/OR BY
CONTACTING THE BUILDING'S PROPERTY MANAGER; (B) LANDLORD SHALL SUPPLY SUCH
NON-BUSINESS HOURS HVAC TO TENANT AT SUCH HOURLY COST TO TENANT AS LANDLORD
SHALL FROM TIME TO TIME ESTABLISH; SUCH HOURLY COST SHALL BE DETERMINED ON A PER
FLOOR BASIS AND SHALL EQUAL THE SUM OF (I) THE ACTUAL COST OF THE UTILITIES
CONSUMED TO PROVIDE SUCH NON-BUSINESS HOURS HVAC, PLUS A THREE AND ONE-HALF
PERCENT (3.5%) SURCHARGE ON SUCH CONSUMPTION COSTS TO COVER LANDLORD'S
ADMINISTRATIVE COSTS, PLUS (II) THE ACTUAL COST OF THE INCREASED WEAR AND TEAR
AND DEPRECIATION ON EQUIPMENT TO PROVIDE SUCH NON-BUSINESS HOURS HVAC (AS
DETERMINED BY LANDLORD IN ACCORDANCE WITH SOUND REAL ESTATE MANAGEMENT PRACTICES
CONSISTENTLY APPLIED, BUT UTILIZING AN 18-YEAR USEFUL LIFE DEPRECIATION PERIOD),
PLUS (III) THE ACTUAL COST OF MAINTENANCE INCURRED IN CONNECTION THEREWITH; AND
(C) TENANT SHALL PAY SUCH COST TO LANDLORD AS ADDITIONAL RENT WITHIN THIRTY (30)
DAYS AFTER INVOICE (WHICH INVOICE SHALL INCLUDE A DETAILED DESCRIPTION OF THE
APPLICABLE CHARGES).
ALL ELECTRICITY AND OTHER UTILITY CHARGES TO THE EXTENT PAID DIRECTLY BY TENANT
TO LANDLORD PURSUANT TO THIS SECTION 6.2 SHALL BE EXCLUDED FROM OPERATING
EXPENSES AND UTILITIES COSTS.
6.3
INTERRUPTION OF USE.
SUBJECT TO LANDLORD'S INDEMNITY OF TENANT IN
SECTION 10.1.2 BELOW AND SUBJECT TO THE ABATEMENT PROVISIONS IN SECTION 6.5
BELOW, 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 (AND
LANDLORD AGREES TO PERFORM ANY NON-EMERGENCY WORK DURING NON-BUSINESS HOURS
UNLESS OTHERWISE APPROVED BY TENANT), BY ANY STRIKE, LOCKOUT OR OTHER LABOR
TROUBLE, BY INABILITY TO SECURE ELECTRICITY, GAS, WATER, OR OTHER FUEL AT THE
BUILDING OR REAL PROPERTY AFTER REASONABLE EFFORT TO