SHALL PAY TO LANDLORD THE COST THEREOF
(WHICH SHALL BE REASONABLY CONSISTENT WITH COMPETITIVE BASED PRICING) PRIOR TO
SUCH INSTALLATION; AND (E) WITH RESPECT TO ANY SUPPLEMENTAL HVAC EQUIPMENT
INSTALLED ON THE ROOF OF THE BUILDING AND THE CONDENSERS, DUCT WORK AND OTHER
CONNECTING EQUIPMENT THEREFOR (COLLECTIVELY, THE "SUPPLEMENTAL ROOF HVAC
EQUIPMENT"), TENANT SHALL ONLY BE PERMITTED TO INSTALL SUCH SUPPLEMENTAL ROOF
HVAC EQUIPMENT IF THE SAME WOULD NOT (ONLY IN A MANNER WHICH WOULD NOT) VOID ANY
OF LANDLORD'S ROOF WARRANTIES.
THE SUPPLEMENTAL HVAC EQUIPMENT MAY INCLUDE
SUPPLEMENTAL HVAC FOR 24-HOUR OPERATION, 365 DAYS PER YEAR, AND WITH RESPECT TO
THE ROOF OF THE BUILDING MAY INCLUDE HVAC EQUIPMENT CAPABLE OF SUPPLYING UP TO
150 TONS OF ADDITIONAL HVAC CAPACITY.
THE SUPPLEMENTAL ELECTRICAL EQUIPMENT MAY
ALSO INCLUDE METERING AND SUBMETERING DEVICES (INCLUDING "EMON DEMON" METERS) TO
MEASURE ALL ELECTRICITY CONSUMED AT THE PREMISES (AND NOT JUST THE ELECTRICITY
CONSUMED FROM THE ADDITIONAL POWER SERVICE AND/OR ANY ADDITIONAL ELECTRICAL
CAPACITY WHICH MAY BE INSTALLED BY TENANT AS DESCRIBED HEREINABOVE).
TENANT
SHALL NOT BE ENTITLED TO TAP INTO THE CHILLED WATER SYSTEM FOR THE BUILDING OR
TO USE ANY OF THE BUILDING CONDENSERS IN CONNECTION WITH ANY SUPPLEMENTAL
EQUIPMENT UNLESS TENANT OBTAINS LANDLORD'S PRIOR WRITTEN CONSENT, WHICH CONSENT
LANDLORD MAY NOT UNREASONABLY WITHHOLD, CONDITION OR DELAY.
LANDLORD SHALL
PERFORM THE ROOF AND WALL PENETRATION WORK REQUIRED TO CONNECT THE SUPPLEMENTAL
ROOF HVAC EQUIPMENT TO THE PREMISES AND PROVIDE PADS AND STRUCTURAL SUPPORT FOR
THE SUPPLEMENTAL ROOF HVAC EQUIPMENT (COLLECTIVELY, THE "LANDLORD'S ROOF WORK"),
AT TENANT'S COST, WHICH COSTS (COLLECTIVELY, THE "LANDLORD'S ROOF COSTS") SHALL
BE REASONABLY CONSISTENT WITH COMPETITIVE BASED PRICING AND SHALL BE PAID FOR BY
TENANT WITHIN THIRTY (30) DAYS AFTER INVOICE, AND TENANT'S USE OF AND ACCESS TO
THE SUPPLEMENTAL ROOF
27
HVAC EQUIPMENT (AND THE OTHER SUPPLEMENTAL EQUIPMENT) SHALL BE IN ACCORDANCE
WITH AND SUBJECT TO THE APPLICABLE PROVISIONS SET FORTH IN SECTION 26.30.
TENANT SHALL BE SOLELY RESPONSIBLE AND SHALL PAY FOR THE ACTUAL COSTS (AS
DEFINED BELOW) OF AND RELATED TO SUCH SUPPLEMENTAL EQUIPMENT, INCLUDING, WITHOUT
LIMITATION, THE COST OF INSTALLATION, OPERATION AND MAINTENANCE, ELECTRICITY AND
OTHER UTILITIES CONSUMED THEREBY (INCLUDING ALL ELECTRICITY CONSUMED FROM THE
ADDITIONAL POWER SOURCE AND SUPPLEMENTAL ELECTRICAL EQUIPMENT), AS DETERMINED BY
SEPARATE METERS OR SUB-METERS INSTALLED AS PART OF THE SUPPLEMENTAL EQUIPMENT,
INCREASED WEAR AND TEAR ON EXISTING EQUIPMENT AND OTHER SIMILAR CHARGES, WHICH
COSTS SHALL BE PAID BY TENANT TO LANDLORD WITHIN THIRTY (30) DAYS OF DEMAND
THEREFOR.
TO THE EXTENT SUCH SUPPLEMENTAL EQUIPMENT IS INSTALLED DURING THE
CONSTRUCTION OF THE INITIAL TENANT IMPROVEMENTS PURSUANT TO THE TENANT WORK
LETTER, THE LANDLORD'S ROOF COSTS (IF APPLICABLE) AND ALL OTHER COSTS INCURRED
IN CONNECTION WITH THE DESIGN, ACQUISITION AND INSTALLATION OF THE SUPPLEMENTAL
EQUIPMENT MAY BE PAID OUT OF AND DEDUCTED FROM THE TENANT IMPROVEMENT ALLOWANCE.
6.1.8
SUBJECT TO ALL APPLICABLE LAWS, AND ONLY DURING THE TIME THE
FOLLOWING IS REQUIRED TO BE PROVIDED BY LANDLORD PURSUANT TO APPLICABLE LAWS,
LANDLORD SHALL MAKE AVAILABLE FOR USE BY TENANT AND