LANDLORD WITH RESPECT TO SUCH DEFAULT OR FAILURE TO PERFORM.
AT THE EXPIRATION OR TERMINATION OF THIS LEASE, AND AFTER TENANT HAS VACATED THE
PREMISES, LANDLORD SHALL RETURN TO TENANT THE LETTER OF CREDIT THEN HELD BY
LANDLORD, IF APPLICABLE; PROVIDED THAT IF TENANT IS THEN IN DEFAULT LANDLORD MAY
FIRST DRAW ON SUCH LETTER OF CREDIT AN AMOUNT EQUAL TO ONE HUNDRED AND FIFTY
PERCENT (150%) OF THE AMOUNT SUFFICIENT TO CURE SUCH DEFAULT, AS REASONABLY
ESTIMATED BY LANDLORD AND UPON CURE OF SUCH DEFAULT LANDLORD SHALL RETURN THE
UNUSED BALANCE OF THE AMOUNT SO DRAWN TO TENANT; PROVIDED, HOWEVER, THAT IN NO
EVENT SHALL ANY SUCH RETURN OF THE LETTER OF CREDIT OR THE BALANCE OF THE AMOUNT
DRAWN BY LANDLORD BE CONSTRUED AS AN ADMISSION BY LANDLORD THAT TENANT HAS
PERFORMED ALL OF ITS COVENANTS AND OBLIGATIONS HEREUNDER AND IN NO EVENT SHALL
LANDLORD'S ESTIMATE OF THE AMOUNT REQUIRED TO CURE SUCH DEFAULT LIMIT TENANT'S
OBLIGATIONS UNDER THIS LEASE.
4.8
UTILITIES.
COMMENCING ON THE FIRST DAY OF THE MOVE IN PERIOD AND
CONTINUING THROUGHOUT THE LEASE TERM, TENANT SHALL PAY FOR ALL ELECTRICAL
UTILITIES AND TELEPHONE SERVICE SUPPLIED TO THE PREMISES, TOGETHER WITH ANY
TAXES THEREON.
TENANT SHALL CONTRACT DIRECTLY WITH THE UTILITY COMPANY AND THE
TELEPHONE COMPANY, AS THE CASE MAY BE, FOR THE PROVISION OF ELECTRICITY AND
TELEPHONE SERVICES TO THE PREMISES.
ARTICLE 5.
LANDLORD'S COVENANTS
5.1
BASIC SERVICES.
LANDLORD SHALL:
(A)
FURNISH TENANT DURING TENANT'S OCCUPANCY OF THE PREMISES THE
FOLLOWING BASIC SERVICES:
(I)
COLD WATER AT THOSE POINTS OF SUPPLY PROVIDED FOR GENERAL USE OF
OTHER TENANTS IN THE PROJECT;
(II)
CONDENSER WATER CIRCULATION FROM 8:00 A.M. TO 6:00 P.M. MONDAYS
THROUGH FRIDAYS, IN EACH CASE EXCEPT LEGAL HOLIDAYS, FROM THE BUILDING'S CLOSED
SYSTEM COOLING TOWER AND HOT WATER BOILER SYSTEM TO THE POINT OF CONNECTION WITH
TENANT'S WATER-SOURCE HEAT PUMP UNIT, PROVIDED THAT TENANT SHALL HAVE THE RIGHT
TO OPERATE THE SUPPLEMENTARY HVAC UNITS(S) SERVING TENANT'S SERVER ROOM
TWENTY-FOUR (24) HOURS PER DAY, SEVEN (7) DAYS PER WEEK, AND LANDLORD SHALL
SUPPLY CONDENSER WATER TO SUCH UNIT(S) DURING THE PERIODS TENANT OPERATES SUCH
UNIT(S).
(III)
STRUCTURAL AND EXTERIOR MAINTENANCE AND ROUTINE MAINTENANCE,
REPAIRS AND ELECTRIC LIGHTING SERVICE FOR ALL PUBLIC AREAS OF THE PROJECT IN THE
MANNER AND TO THE EXTENT DEEMED BY LANDLORD TO BE STANDARD.
(IV)
JANITORIAL SERVICE ON A FIVE (5) DAY PER WEEK BASIS, EXCLUDING
LEGAL HOLIDAYS, LIMITED TO EMPTYING AND REMOVAL OF GENERAL OFFICE REFUSE AND
OFFICE RECYCLABLES, LIGHT VACUUMING AND DUSTING, AS
15
NEEDED.
JANITORIAL SERVICE SHALL NOT INCLUDE DISPOSAL OF PACKING MATERIAL OR
SHIPPING CRATES, EMPTYING DISHWASHERS, WASHING DISHES, OR CLEANING KITCHEN OR
BREAKROOM COUNTERS, TABLES, OR OTHER SURFACES OTHER THAN FLOORS.
(V)
ELEVATOR SERVICE SERVING THE FLOOR(S) ON WHICH THE PREMISES ARE
SITUATED, INCLUDING FREIGHT ELEVATOR SERVICE, SUBJECT TO SUCH RULES AND
REGULATIONS AS LANDLORD SHALL PROMULGATE FROM TIME TO TIME.
(B)
LANDLORD SHALL CAUSE THE ELECTRICAL UTILITY COMPANY TO INSTALL AND
MAINTAIN ELECTRICAL LINES TO THE BUILDING WITH CAPACITY SUFFICIENT TO
ACCOMMODATE