TENANT'S REQUEST, PROVIDES ANY SERVICES WHICH ARE NOT LANDLORD'S EXPRESS
OBLIGATION UNDER THIS LEASE, INCLUDING, WITHOUT LIMITATION, ANY REPAIRS WHICH
ARE TENANT'S RESPONSIBILITY PURSUANT TO SECTION 10 BELOW, TENANT SHALL PAY
LANDLORD, OR SUCH OTHER PARTY DESIGNATED BY LANDLORD, THE COST OF PROVIDING SUCH
SERVICE PLUS A REASONABLE ADMINISTRATIVE CHARGE.
8.02
ELECTRICITY USED BY TENANT IN THE PREMISES SHALL BE
PAID FOR BY TENANT BY A SEPARATE CHARGE PAYABLE BY TENANT TO LANDLORD DETERMINED
AND MEASURED BY A SEPARATE
16
CHECK-METER.
EACH FLOOR OF THE PREMISES SHALL HAVE ONE (1) CHECK METER
CONSISTING OF THE EXISTING CHECK METER FOR NORMAL/OUTLET/LIGHTING POWER
PREVIOUSLY INSTALLED BY LANDLORD.
ALSO, ONE ADDITIONAL CHECK METER SHALL BE
INSTALLED BY TENANT ON THE 2ND FLOOR OF THE BUILDING OFF COLLECTION BUS B, ALL
AS PART OF THE INITIAL ALTERATIONS.
THERE SHALL BE NO ADMINISTRATIVE FEE FOR
THE CHECK METERS.
SUBJECT TO LANDLORD'S PRIOR WRITTEN APPROVAL OF THE PLANS AND
SPECIFICATIONS THEREFOR, WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD,
CONDITIONED OR DELAYED, TENANT MAY (I) INSTALL, OPERATE AND MAINTAIN IN THE
PREMISES OR IN ANY OTHER AREA OF THE BUILDING, ELECTRICAL EQUIPMENT, PROVIDED
THAT SUCH EQUIPMENT WOULD NOT OVERLOAD THE ELECTRICAL SYSTEM BEYOND ITS CAPACITY
FOR PROPER, EFFICIENT AND SAFE OPERATION AS DETERMINED BY LANDLORD, (II) FURNISH
COOLING OR HEATING TO THE PREMISES, INCLUDING, WITHOUT LIMITATION, THE USE OF
ELECTRIC OR GAS HEATING DEVICES (EXCEPT THAT IN NO EVENT MAY TENANT INSTALL ANY
PORTABLE HEATING DEVICES), AND (III) INSTALL, OPERATE AND MAINTAIN MORE THAN ITS
PROPORTIONATE SHARE OF TELEPHONE LINES AND OTHER TELECOMMUNICATION FACILITIES AT
THE BUILDING.
8.03
LANDLORD'S FAILURE TO FURNISH, OR ANY INTERRUPTION,
DIMINISHMENT OR TERMINATION OF ANY SUCH BUILDING SERVICES DUE TO THE APPLICATION
OF LAW, THE FAILURE OF ANY EQUIPMENT, THE PERFORMANCE OF MAINTENANCE, REPAIRS,
IMPROVEMENTS OR ALTERATIONS, UTILITY INTERRUPTIONS (COLLECTIVELY A "SERVICE
FAILURE") SHALL NOT RENDER LANDLORD LIABLE TO TENANT, CONSTITUTE A CONSTRUCTIVE
EVICTION OF TENANT, GIVE RISE TO AN ABATEMENT OF RENT, NOR RELIEVE TENANT FROM
THE OBLIGATION TO FULFILL ANY COVENANT OR AGREEMENT. HOWEVER, IF THE PREMISES,
OR A MATERIAL PORTION OF THE PREMISES, ARE MADE UNTENANTABLE FOR A PERIOD IN
EXCESS OF 3 CONSECUTIVE BUSINESS DAYS AS A RESULT OF A SERVICE FAILURE COVERED
BY LANDLORD'S RENT INTERRUPTION INSURANCE (AS DEFINED BELOW), THEN TENANT, AS
ITS SOLE REMEDY, SHALL BE ENTITLED TO RECEIVE AN ABATEMENT OF RENT PAYABLE
HEREUNDER DURING THE PERIOD BEGINNING ON THE 4TH CONSECUTIVE BUSINESS DAY OF THE
SERVICE FAILURE AND ENDING ON THE DAY THE SERVICE FAILURE HAS BEEN CURED.
IF
THE ENTIRE PREMISES HAVE NOT BEEN RENDERED UNTENANTABLE BY THE SERVICE FAILURE,
THE AMOUNT OF ABATEMENT SHALL BE EQUITABLY PRORATED BASED ON THE NATURE AND
EXTENT OF THE INTERFERENCE WITH TENANT'S BUSINESS OPERATIONS.
LANDLORD SHALL
PROVIDE NO LESS THAN SEVEN (7) DAYS ADVANCE NOTICE OF ANY SCHEDULED INTERRUPTION
OF SERVICES RELATING TO REPAIRS, IMPROVEMENTS OR ALTERATIONS, AND LANDLORD SHALL
SCHEDULE THE SAME ON WEEKENDS AND AFTER-BUILDING SERVICE HOURS TO THE EXTENT THE
SAME WOULD MATERIALLY INTERFERE WITH TENANT'S USE OF, OR ACCESS TO,