OF ANY CONTRACT WITH SUCH WORKERS OR SERVICERS.
(C)
MAINTAIN AND KEEP IN GOOD ORDER AND REPAIR THE BUILDING CONDENSER
WATER SYSTEM AND PROVIDE CONDENSER WATER TO ALL BASE BUILDING DX UNITS WHICH
EXCLUSIVELY SERVE THE
56
DEMISED PREMISES ON BUSINESS DAYS BETWEEN THE HOURS OF 8:00 A.M. - 6:00 P.M.,
AND SATURDAYS BETWEEN THE HOURS OF 8:00 A.M. - 1 P.M., IN ACCORDANCE WITH THE
HVAC SPECIFICATIONS SET FORTH IN SCHEDULE D; IT BEING UNDERSTOOD THAT IN NO
EVENT SHALL LANDLORD BE RESPONSIBLE FOR THE MAINTENANCE OR REPAIR OF ANY OTHER
AIR CONDITIONING, HEATING OR VENTILATING SYSTEMS (ON PORTIONS THEREOF) (WHETHER
INSTALLED BY LANDLORD OR TENANT), INCLUDING, WITHOUT LIMITATION, SYSTEMS THAT
ARE INSTALLED TO SERVICE TENANT'S DATA PROCESSING, COMPUTER OR TELEPHONE
OPERATIONS, AND LANDLORD SHALL ONLY BE RESPONSIBLE FOR THE MAINTENANCE AND
REPAIR OF THE BASE BUILDING DX UNITS EXCLUSIVELY SERVING THE DEMISED PREMISES.
IF APPLICABLE THROUGH TENANT'S EXPANSION, LANDLORD SHALL BE RESPONSIBLE FOR THE
MAINTENANCE AND REPAIR OF THE BASE BUILDING DX UNIT(S) SERVING THE 2ND FLOOR
EXPANSION SPACE, THE 6TH FLOOR EXPANSION SPACE AND ANY OFFER SPACE.
TENANT
AGREES THAT THE BASE BUILDING DX UNITS SERVING THE DEMISED PREMISES SHALL
CONTRIBUTE THE PROPORTIONATE SHARE OF VENTILATED AIR AND AIR-CONDITIONING TO THE
COMMON AREAS OF THE FLOORS ON WHICH THE DEMISED PREMISES IS LOCATED.
LANDLORD
HAS INFORMED TENANT THAT THE WINDOWS OF THE DEMISED PREMISES AND THE BUILDING
ARE SEALED, AND THAT THE DEMISED PREMISES MAY BECOME UNINHABITABLE AND THE AIR
THEREIN MAY BECOME UNBREATHEABLE DURING THE HOURS OR DAYS WHEN LANDLORD IS NOT
ABLE TO FURNISH CONDENSER WATER TO THE DEMISED PREMISES OR WHEN THE DX UNITS ARE
NOT OPERATIONAL.
ANY USE OR OCCUPANCY OF THE DEMISED PREMISES DURING SUCH HOURS
SHALL BE AT THE SOLE RISK, RESPONSIBILITY AND HAZARD OF TENANT, AND LANDLORD
SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.
SUCH CONDITION OF THE
DEMISED PREMISES SHALL NOT CONSTITUTE NOR BE DEEMED TO BE A BREACH OR A
VIOLATION OF THIS LEASE OR OF ANY PROVISION THEREOF, NOR SHALL IT BE DEEMED AN
ACTUAL OR CONSTRUCTIVE EVICTION NOR SHALL TENANT CLAIM OR BE ENTITLED TO CLAIM
ANY ABATEMENT OF RENT NOR MAKE ANY CLAIM FOR ANY DAMAGES OR COMPENSATION BY
REASON OF SUCH CONDITION OF THE DEMISED PREMISES.
TENANT SHALL CAUSE AND KEEP
ENTIRELY UNOBSTRUCTED AT ALL TIMES ALL THE VENTS, INTAKES, AND SHALL COMPLY WITH
AND OBSERVE ALL REGULATIONS AND REQUIREMENTS PRESCRIBED BY LANDLORD FOR THE
PROPER FUNCTIONING OF THE CONDENSER WATER SYSTEMS AND BASE BUILDING DX UNITS.
NOTHING CONTAINED HEREIN SHALL BE DEEMED TO REQUIRE LANDLORD TO FURNISH AT
LANDLORD'S EXPENSE SUCH ELECTRIC ENERGY AS IS REQUIRED TO OPERATE THE AIR
CONDITIONING SYSTEM SERVING THE DEMISED PREMISES.
SUBJECT TO THE PROVISIONS OF
ARTICLE 4 HEREOF ALL SUCH ELECTRIC ENERGY SHALL BE FURNISHED TO TENANT AT
TENANT'S COST AND EXPENSE, AND TENANT SHALL CAUSE ALL THE DX UNITS EXCLUSIVELY
SERVING THE DEMISED PREMISES TO BE CONNECTED TO THE DIRECT METER(S) (OR
SUBMETER(S) IF APPLICABLE) MEASURING TENANT'S CONSUMPTION OF ELECTRICITY.
IF
TENANT SHALL REQUIRE CONDENSER