TO THIRTEEN CENTS ($.13) PER TON OF CONDENSER WATER USED PER
HOUR (THE "CONDENSER WATER RATE") AS MEASURED BY METER OR METERS INSTALLED AND
MAINTAINED BY TENANT AT TENANT'S SOLE COST AND EXPENSE (BUT SUBJECT TO
LANDLORD'S APPROVAL AS TO THE SPECIFICATIONS AND INSTALLATION OF SUCH METER OR
METERS).
TENANT SHALL PAY LANDLORD FOR THE USE OF SUCH CONDENSER WATER WITHIN
THIRTY (30) DAYS AFTER THE DELIVERY OF AN INVOICE THEREFOR.
THE CONDENSER WATER
RATE MAY BE INCREASED ANNUALLY BY AN AMOUNT EQUAL TO LANDLORD'S INCREASED COST
TO FURNISH CONDENSER WATER IN THE BUILDING.
IN ADDITION, TENANT SHALL PAY TO
LANDLORD, WITHIN THIRTY (30) DAYS AFTER DEMAND, LANDLORD'S ACTUAL "HOOK UP"
CHARGES.
WITHIN NINETY (90) DAYS AFTER THE DATE OF THIS LEASE, TENANT SHALL
DELIVER TO LANDLORD A WRITTEN NOTICE SPECIFYING THE AMOUNT OF CONDENSER WATER
TENANT WILL REQUIRE, PROVIDED THAT SUCH AMOUNT SHALL NOT EXCEED FIFTY (50)
TONS.
IF TENANT FAILS TO DELIVER SUCH NOTICE, LANDLORD CANNOT GUARANTY THE
QUANTITY OF CONDENSER WATER THAT WILL BE MADE AVAILABLE TO TENANT.
IF, IN THE
TWELVE (12) MONTH PERIOD FOLLOWING TENANT'S CONNECTION TO THE CONDENSER WATER
SYSTEM, TENANT FAILS TO UTILIZE THE QUANTITY OF CONDENSER WATER REQUESTED BY
TENANT AND ALLOCATED BY LANDLORD, THEN LANDLORD SHALL HAVE THE RIGHT TO REDUCE
THE AMOUNT OF CONDENSER WATER ALLOCATED FOR TENANT'S USE TO THE AMOUNT NECESSARY
TO SUPPLY TENANT'S REQUIREMENTS AS EVIDENCED BY TENANT'S CONDENSER WATER USE FOR
THE PRIOR TWELVE (12) MONTH PERIOD.
IN ADDITION, IF TENANT FAILS TO CONNECT TO
THE CONDENSER WATER SYSTEM WITHIN TWELVE (12) MONTHS AFTER THE RENT COMMENCEMENT
DATE, LANDLORD SHALL NOT BE REQUIRED TO MAKE AVAILABLE TO TENANT ANY CONDENSER
WATER.
(B)
NOTWITHSTANDING THE FOREGOING PROVISIONS OF
SECTION 15.09(A), TENANT MAY AT ANY TIME REQUEST THAT LANDLORD PROVIDE UP TO
FIFTY (50) TONS OF CONDENSER WATER FOR TENANT'S USE, PROVIDED THAT IF TENANT'S
RIGHT TO SUCH USE SHALL HAVE LAPSED PURSUANT TO SECTION 15.09(A), LANDLORD SHALL
NOT BE REQUIRED TO MAKE SUCH CONDENSER WATER AVAILABLE TO TENANT, BUT LANDLORD
WILL MAKE REASONABLE EFFORTS TO DO SO, SUBJECT TO AVAILABILITY.
15.10
TENANT HEREBY ACKNOWLEDGES AND AGREES THAT, IN ORDER
TO PERMIT BROOKFIELD PROPERTIES, INC. TO QUALIFY AS A REAL ESTATE INVESTMENT
TRUST, OR REIT, ANY SERVICES REQUIRED OR PERMITTED TO BE PERFORMED PURSUANT TO
THIS LEASE THAT COULD BE TREATED AS "IMPERMISSIBLE TENANT SERVICES" UNDER REIT
RULES MAY BE PERFORMED BY BROOKFIELD PROPERTIES MANAGEMENT LLC OR ANOTHER
AFFILIATE OF LANDLORD THAT IS A "TAXABLE REIT SUBSIDIARY" (THE "SERVICE
PROVIDER").
TENANT HEREBY AGREES TO MAKE ANY PAYMENTS FOR SERVICES PROVIDED BY
THE SERVICE PROVIDER EITHER TO LANDLORD FOR FURTHER PAYMENT TO THE SERVICE
PROVIDER OR DIRECTLY TO THE SERVICE PROVIDER, AS DIRECTED.
ANY PAYMENTS MADE TO
LANDLORD IN RESPECT OF SERVICES PROVIDED BY THE SERVICE PROVIDER WILL BE
CREDITED TO TENANT'S ACCOUNT WITH THE SERVICE PROVIDER.
50
15.11
SUBJECT TO THE TERMS AND CONDITIONS OF ARTICLE 11
HEREOF, TENANT SHALL HAVE THE RIGHT, AT ITS SOLE COST AND EXPENSE:
(I) TO
OBTAIN TELECOMMUNICATION SERVICES FROM VENDORS OF