BE
EXTENDED); PROVIDED, HOWEVER, LANDLORD MAY CHARGE REASONABLE FEES FOR SERVICES
OR EXTRA AMENITIES THAT MAY BE AVAILABLE INCLUDING, BUT NOT LIMITED TO, TOWEL
SERVICE, RESERVED LOCKERS, AND PERSONAL TRAINING.
LANDLORD CURRENTLY DOES NOT
INTEND TO PROVIDE ANY OF THE ADDITIONAL SERVICES SPECIFIED IN THE PRECEDING
SENTENCE.
EXCEPT AS OTHERWISE PROVIDED IN SECTION 15.2, LANDLORD SHALL NOT BE
LIABLE TO TENANT OR ANY OF ITS EMPLOYEES OR OTHERS FOR INJURIES RECEIVED BY SUCH
PARTIES WHILE USING THE FITNESS FACILITY.
LANDLORD MAY SPECIFICALLY CONDITION
THE USE OF THE FITNESS FACILITY BY ANY PERSON UPON SUCH PERSON'S EXECUTION OF A
WRITTEN WAIVER AND RELEASE HOLDING LANDLORD HARMLESS FROM ANY AND ALL LIABILITY,
DAMAGE, EXPENSE, CAUSE OF ACTION, SUIT, CLAIM, JUDGMENT AND COST OF DEFENSE
ARISING FROM INJURY TO SUCH EMPLOYEE OR GUEST OCCURRING IN THE FITNESS FACILITY
OR RESULTING FROM THE USE THEREOF.
NOTWITHSTANDING THE PROVISIONS OF SECTION 14.2 TO THE CONTRARY, IF (I) THE
SERVICES DESCRIBED IN SECTION 14.1 TO BE PROVIDED BY LANDLORD ARE INTERRUPTED
FOR (X) A PERIOD OF MORE THAN FIVE (5) CONSECUTIVE BUSINESS DAYS AS A RESULT OF
LANDLORD'S (OR ITS AGENTS', CONTRACTORS' OR EMPLOYEES') NEGLIGENCE OR WILLFUL
MISCONDUCT, OR (Y) A PERIOD OF MORE THAN EIGHT (8) CONSECUTIVE BUSINESS DAYS
(FOR ANY REASON OTHER THAN TENANT'S (OR ITS AGENTS OR EMPLOYEES) NEGLIGENCE OR
WILLFUL MISCONDUCT), (II) [INTENTIONALLY DELETED], (III) SUCH INTERRUPTION IS
NOT THE RESULT OF ANY NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT OR ITS
INVITEES, AND (IV) SUCH INTERRUPTION RENDERS ALL OR A SUBSTANTIAL PORTION OF THE
PREMISES UNTENANTABLE BY TENANT AND THE PREMISES OR SUCH PORTION THEREOF ARE NOT
USED BY TENANT, THEN, AS TENANT'S SOLE AND EXCLUSIVE REMEDY THEREFOR, TENANT
SHALL BE ENTITLED TO A PRO RATA ABATEMENT OF RENT BEGINNING ON THE SIXTH (6TH)
CONSECUTIVE BUSINESS DAY OR THE NINTH (9TH) CONSECUTIVE BUSINESS DAY,
RESPECTIVELY (OR ANY SUCH EARLIER DATE TO THE EXTENT LANDLORD RECEIVES RENT LOSS
INSURANCE PROCEEDS THEREFOR), THAT THE PREMISES ARE UNUSABLE (AND NOT USED) AND
CONTINUING UNTIL THE PREMISES OR SUCH PORTION THEREOF ARE RENDERED TENANTABLE.
THE AFORESAID CONDITION THAT THE INTERRUPTION NOT BE THE RESULT OF ANY
NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT SHALL BE WAIVED TO THE EXTENT
LANDLORD RECEIVES RENT LOSS INSURANCE PROCEEDS COVERING THE AMOUNT OF THE RENT
ABATEMENT.
NOTWITHSTANDING ANYTHING IN THIS LEASE TO THE CONTRARY, THE FIVE AND
EIGHT-BUSINESS DAY PERIODS SET FORTH IN THIS SECTION 14.4 SHALL NOT BE SUBJECT
TO FURTHER EXTENSION AS WOULD OTHERWISE BE PERMITTED BY SECTION 25.18.
THE PARTIES HERETO AGREE TO COMPLY WITH ALL MANDATORY AND VOLUNTARY ENERGY
CONSERVATION CONTROLS AND REQUIREMENTS APPLICABLE TO OFFICE BUILDINGS THAT ARE
IMPOSED OR INSTITUTED BY THE FEDERAL, STATE OR LOCAL GOVERNMENTS, INCLUDING
WITHOUT LIMITATION, CONTROLS ON THE PERMITTED RANGE OF TEMPERATURE SETTINGS IN
OFFICE BUILDINGS, AND REQUIREMENTS NECESSITATING CURTAILMENT OF THE VOLUME OF
ENERGY CONSUMPTION OR THE HOURS OF OPERATION OF THE BUILDING.
ANY TERMS OR
CONDITIONS OF THIS LEASE THAT CONFLICT OR INTERFERE WITH COMPLIANCE WITH SUCH
CONTROLS OR REQUIREMENTS SHALL BE SUSPENDED FOR THE DURATION OF SUCH