14.6, MAKE APPLICATION DIRECTLY TO THE UTILITY COMPANY SERVICING THE
BUILDING FOR TENANT'S ENTIRE SEPARATE SUPPLY OF ELECTRICITY OR OTHER UTILITY OR
THE AFFECTED TELECOMMUNICATIONS SERVICE.
UPON THE EXPIRATION OF THE AFORESAID
NINETY (90) DAY PERIOD, LANDLORD MAY DISCONTINUE FURNISHING ELECTRIC CURRENT,
SUCH OTHER UTILITY OR THE APPLICABLE TELECOMMUNICATIONS SERVICE TO THE PREMISES,
UNLESS
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TENANT IS UNABLE TO SECURE REPLACEMENT SERVICE, IN WHICH EVENT LANDLORD SHALL
CONTINUE SUCH SERVICE UNTIL TENANT IS ABLE TO SECURE REPLACEMENT SERVICE. IN THE
EVENT (I) LANDLORD ELECTS TO TERMINATE ITS REDISTRIBUTION OF ELECTRICITY, SUCH
OTHER UTILITY OR ANY TELECOMMUNICATIONS SERVICE TO THE PREMISES; OR (II)
APPLICABLE LEGAL REQUIREMENTS REQUIRE COMMERCIAL BUILDING OWNERS TO PERMIT
TENANTS OF THEIR FACILITIES TO UTILIZE AN ALTERNATIVE PROVIDER FOR ANY OF THE
FOREGOING UTILITIES OR TELECOMMUNICATIONS SERVICES (AN "ASP") AND TENANT SO
ELECTS TO UTILIZE AN ASP, RATHER THAN THE UTILITY COMPANY THAT IS THEN SERVICING
THE PREMISES, THEN IN EITHER SUCH CASE, NO SUCH ASP SHALL BE PERMITTED TO
PROVIDE SERVICE TO TENANT OR TO INSTALL LINES OR OTHER EQUIPMENT WITHOUT
OBTAINING THE PRIOR WRITTEN CONSENT OF LANDLORD. LANDLORD'S CONSENT UNDER THIS
SECTION 14.6 SHALL NOT BE DEEMED ANY KIND OF WARRANTY OR REPRESENTATION BY
LANDLORD, INCLUDING, WITHOUT LIMITATION, AS TO THE SUITABILITY OR COMPETENCE OF
AN ASP.
LANDLORD MAY WITHHOLD ITS CONSENT TO A PROPOSED ASP IF, IN THE
REASONABLE EXERCISE OF ITS JUDGMENT, LANDLORD DETERMINES THAT ANY OF THE
FOLLOWING CONDITIONS HAVE NOT BEEN MET:
(1)
LANDLORD SHALL INCUR NO EXPENSE WHATSOEVER IN CONNECTION WITH ANY
ASPECT OF AN ASP'S PROVISION OF ITS SERVICES, INCLUDING, WITHOUT LIMITATION, THE
COST OF INSTALLATION, SERVICE AND MATERIALS, AND THE ASP AGREES IN WRITING TO
INDEMNIFY, DEFEND AND HOLD LANDLORD AND LANDLORD'S AGENTS HARMLESS IN CONNECTION
THEREWITH, AS MORE FULLY SET FORTH IN PARAGRAPH (6) BELOW;
(2)
PRIOR TO COMMENCEMENT OF ANY WORK IN THE PREMISES OR THE BUILDING
BY AN ASP, THE ASP SHALL SUPPLY LANDLORD WITH VERIFICATION SATISFACTORY TO
LANDLORD THAT THE ASP IS PROPERLY INSURED, AND FINANCIALLY CAPABLE OF COVERING
ANY UNINSURED DAMAGE;
(3)
PRIOR TO COMMENCEMENT OF ANY WORK IN THE PREMISES OR THE BUILDING
BY AN ASP, THE ASP SHALL AGREE IN WRITING TO ABIDE BY ANY RULES OR REGULATIONS
AS ARE REASONABLY DETERMINED BY LANDLORD TO BE NECESSARY TO PROTECT THE PREMISES
AND THE BUILDING;
(4)
LANDLORD REASONABLY DETERMINES THAT THERE IS SUFFICIENT UNRESERVED
SPACE IN THE COMMON AREAS OF THE BUILDING FOR THE PLACEMENT OF ALL THE ASP'S
EQUIPMENT AND MATERIALS, INCLUDING, WITHOUT LIMITATION, THE ELECTRICITY RISERS;
(5)
THE ASP IS LICENSED IN THE STATE OF NEW JERSEY AND, IN LANDLORD'S
REASONABLE JUDGMENT, IS A REPUTABLE UTILITY PROVIDER;
(6)
THE ASP AGREES, IN A LICENSE AGREEMENT EXECUTED BY THE ASP AND
LANDLORD: (X) TO COMPENSATE LANDLORD IN A COMMERCIALLY REASONABLE AMOUNT
DETERMINED BY LANDLORD, FOR ALL SPACE USED IN THE BUILDING FOR STORAGE AND
MAINTENANCE OF THE ASP'S EQUIPMENT (THE "ASP SPACE"), AND FOR ALL REASONABLE
COSTS INCURRED BY LANDLORD IN CONNECTION WITH THE ASP, INCLUDING BUT NOT LIMITED
TO ARRANGING