THE ADJACENT BUILDING.
17.2
SUBLESSOR PROVIDED UTILITIES.
SUBLESSOR SHALL
PROVIDE ELECTRIC POWER AND NATURAL GAS SERVICE TO THE SUBJECT BUILDING AND
CENTRAL PLANT WATER FOR THE HVAC SYSTEM IN THE SUBLEASED PREMISES (COLLECTIVELY,
THE "SUBLESSOR PROVIDED UTILITIES").
THE COST OF THE SUBLESSOR PROVIDED
UTILITIES SHALL BE
EXCLUDED AND PAID SEPARATELY FROM PROJECT OPERATING
EXPENSES, AND SHALL BE ALLOCATED BETWEEN SUBLESSEE AND SUBLESSOR OR OTHER
BUILDING TENANTS ACCORDING TO THE OPERATING EXPENSE ALLOCATION MODEL.
SO LONG
AS SUBLESSEE IS THE SOLE TENANT OF THE SUBJECT BUILDING, SUBLESSEE SHALL PAY TO
SUBLESSOR FOR THE SUBLESSOR PROVIDED UTILITIES IN ACCORDANCE
30
WITH SECTION 3.5 ABOVE, AS ILLUSTRATED ON THE OPERATING EXPENSE ALLOCATION
MODEL.
SUBLESSEE SHALL BE RESPONSIBLE FOR OBTAINING AND PAYING FOR, SEPARATE
AND APART FROM, AND IN ADDITION TO THE OPERATING EXPENSES, ALL COSTS OF DOMESTIC
WATER SERVICE, TELEPHONE SERVICE, AND ANY OTHER UTILITIES OTHER THAN THOSE
SPECIFIED ABOVE THAT SUBLESSEE REQUIRES IN THE SUBLEASED PREMISES.
NO
MAINTENANCE AND/OR REPAIR OF THE UTILITIES SERVING THE SUBLEASED PREMISES AND/OR
THE SUBJECT BUILDING BY SUBLESSOR WHICH COULD CAUSE A DISRUPTION OF SUCH UTILITY
SERVICES SHALL BE SCHEDULED BY SUBLESSOR WITHOUT OBTAINING SUBLESSEE'S PRIOR
CONSENT AS TO THE TIMING OF SUCH MAINTENANCE OR REPAIR.
17.3
METERS.
SUBLESSOR SHALL USE COMMERCIALLY
REASONABLE EFFORTS TO CAUSE SUB-METERS FOR ELECTRICAL POWER AND NATURAL GAS
SERVICE TO BE INSTALLED IN THE SUBJECT BUILDING BEFORE THE FIRST PHASE DELIVERY
DATE IN ORDER TO MEASURE SUBLESSEE'S CONSUMPTION OF ELECTRICITY AND NATURAL GAS;
PROVIDED, HOWEVER, THAT DELAYS IN INSTALLING SUCH SUB-METERS SHALL NOT DELAY OR
EXCUSE SUBLESSEE'S OBLIGATION TO PAY FOR ELECTRICITY AND NATURAL GAS EFFECTIVE
AS OF THE FIRST PHASE DELIVERY DATE.
UPON INSTALLATION OF THE SUB-METERS, THE
OPERATING EXPENSE ALLOCATION MODEL WILL BE MODIFIED TO PROVIDE FOR DIRECT
PAYMENT BY SUBLESSEE OF THE UTILITY OR UTILITIES FOR WHICH METERS ARE INSTALLED.
18.
PARKING.
SUBLESSEE SHALL BE ENTITLED TO USE
ALL PARKING SPACES IN THE "PARKING FACILITIES" EXCEPT FOR THE 115 PARKING STALLS
WITHIN THE ADJACENT BUILDING PARKING AREA.
SUBLESSOR REPRESENTS AND WARRANTS TO
SUBLESSEE THAT NO OCCUPANT OF THE ADJACENT BUILDING HAS ANY RIGHT UNDER ITS
LEASE OR OTHER AGREEMENT TO USE ANY PORTION OF THE PROJECT COMMON AREA FOR THE
PARKING OF MOTOR VEHICLES EXCEPT FOR THE ADJACENT BUILDING PARKING AREA.
SUBLESSEE SHALL HAVE NO OBLIGATION TO PAY FOR THE PARKING RIGHTS PROVIDED IN
THIS SUBLEASE DURING THE FULL SUBLEASE TERM.
NO LATER THAN THE COMMENCEMENT
DATE OF THE FIRST PHASE, SUBLESSOR SHALL CAUSE ALL OF THE PARKING STALLS IN THE
PARKING FACILITIES TO BE MARKED TO INDICATE WHETHER SUBLESSEE OR THE OCCUPANT OF
THE ADJACENT BUILDING IS PERMITTED TO USE THE SAME FOR PARKING IN ACCORDANCE
WITH THE SITE PLAN ATTACHED AS EXHIBIT "C".
SUBLESSOR SHALL ENFORCE THE TERMS
OF THE LEASE AND OTHER AGREEMENTS AFFECTING THE ADJACENT BUILDING TO INSURE THAT
SUBLESSEE'S EXCLUSIVE USE OF THE PARKING FACILITIES OTHER THAN THE ADJACENT
BUILDING PARKING AREA IS NOT INTERFERED WITH OR INTERRUPTED.
IT IS UNDERSTOOD
THAT SUBLESSEE INTENDS TO BLOCK THE DRIVEWAY ON THE WESTERLY BOUNDARY OF