THE PROVISIONS OF
ARTICLE 38 OF THIS LEASE, THE REASONABLE COST OF ANY SUCH ARBITRATION (BUT NOT
THE FEES AND EXPENSES OF LANDLORD'S ATTORNEYS) TO BE BORNE SOLELY BY TENANT IN
THE EVENT SUCH DISPUTE RELATES TO A DETERMINATION WITH RESPECT TO ELECTRICITY
PROVIDED TO A PORTION OF THE BUILDING OTHER THAN THE DEMISED PREMISES. WHILE
SUCH DISPUTE IS BEING RESOLVED, TENANT SHALL PAY SUCH CHARGES AND PAYMENTS AS
WOULD BE DUE HEREUNDER IF LANDLORD'S ELECTRICAL CONSULTANT'S DETERMINATION WERE
CORRECT WITHOUT PREJUDICE TO TENANT'S POSITION. IN THE EVENT IT IS FINALLY
DETERMINED THAT THERE HAS BEEN AN OVERPAYMENT BY TENANT, SUCH OVERPAYMENT SHALL
BE CREDITED AGAINST FUTURE RENT PAYMENTS DUE FROM TENANT UNDER THE LEASE AND IN
THE EVENT OF AN UNDERPAYMENT, THE AMOUNT OF SUCH UNDERPAYMENT BY TENANT SHALL BE
PAID BY TENANT TO LANDLORD WITHIN TWENTY (20) DAYS AFTER SUCH DETERMINATION IS
MADE.
10
4.10
IN THE EVENT THE TENANT OCCUPIES A PORTION OF A
FLOOR, WITH RESPECT TO THE ELECTRIC CURRENT USED (I) TO RUN THE AIR CONDITIONING
SYSTEM ON TENANT'S FLOOR DURING USUAL OPERATING HOURS, INCLUDING WITHOUT
LIMITATION, FOR PURPOSES OF "EARLY MORNING WARM-UP" AND (II) FOR THE LIGHTING OF
THE COMMON AREAS ON TENANT'S FLOOR, LANDLORD SHALL CHARGE TENANT ITS
PROPORTIONATE SHARE OF SUCH CHARGE PLUS SALES TAX AND THE ADMINISTRATIVE FEES
REFERRED TO ABOVE BASED UPON THE PROPORTION WHICH THE RENTABLE AREA OF THE
DEMISED PREMISES BEARS TO THE RENTABLE AREA OF THAT PORTION OF THE FLOOR WHICH
IS SUBJECT TO LEASES WHOSE TERMS HAVE COMMENCED. IF TENANT OR ANY OTHER OCCUPANT
OF THE FLOOR ON WHICH THE DEMISED PREMISES IS LOCATED UTILIZES THE
AIR-CONDITIONING SYSTEM DISPROPORTIONATELY (I.E., AT TIMES OTHER THAN DURING
USUAL OPERATING TIMES), LANDLORD SHALL EQUITABLY ADJUST THE CHARGE HEREUNDER IN
SUCH A MANNER THAT THE OTHER TENANT(S) (OR TENANT, AS THE CASE MAY BE) ARE NOT
CHARGED FOR SUCH USAGE.
ARTICLE 5
USE
5.01
THE DEMISED PREMISES SHALL BE USED SOLELY AS AND
FOR EXECUTIVE AND GENERAL OFFICES, AND FOR NO OTHER PURPOSE. LANDLORD REPRESENTS
AND WARRANTS THAT THE EXISTING CERTIFICATE OF OCCUPANCY FOR THE DEMISED PREMISES
PERMITS THE USE OF THE DEMISED PREMISES FOR EXECUTIVE AND GENERAL OFFICES.
5.02
TENANT SHALL NOT USE OR PERMIT THE USE OF THE
DEMISED PREMISES OR ANY PART THEREOF IN ANY WAY WHICH WOULD VIOLATE ANY OF THE
COVENANTS, AGREEMENTS, TERMS, PROVISIONS AND CONDITIONS OF THIS LEASE OR FOR ANY
UNLAWFUL PURPOSES OR IN ANY UNLAWFUL MANNER OR IN VIOLATION OF THE CERTIFICATE
OF OCCUPANCY FOR THE DEMISED PREMISES OR THE BUILDING, AND TENANT SHALL NOT
SUFFER OR PERMIT THE DEMISED PREMISES OR ANY PART THEREOF TO BE USED IN ANY
MANNER OR ANYTHING TO BE DONE THEREIN OR ANYTHING TO BE BROUGHT INTO OR KEPT
THEREIN WHICH, IN THE REASONABLE JUDGMENT OF LANDLORD, SHALL IN ANY WAY IMPAIR
OR TEND TO IMPAIR THE CHARACTER, REPUTATION OR APPEARANCE OF THE BUILDING AS A
HIGH QUALITY OFFICE BUILDING, IMPAIR OR INTERFERE WITH OR TEND TO IMPAIR OR
INTERFERE WITH ANY OF THE BUILDING