to any
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such discussions and negotiations, any lease agreement now or hereafter entered
into between Landlord and Mitsubishi and/or any existing rights or options that
have been granted to Mitsubishi.
ARTICLE 16
TELEPHONE SERVICE
Notwithstanding any other provision of this Lease to the contrary:
(A)
SO LONG AS THE ENTIRETY OF THE LEASED PREMISES IS LEASED TO TENANT:
(I)
LANDLORD SHALL HAVE NO RESPONSIBILITY FOR PROVIDING TO TENANT ANY
TELEPHONE EQUIPMENT, INCLUDING WIRING, WITHIN THE LEASED PREMISES OR FOR
PROVIDING TELEPHONE SERVICE OR CONNECTIONS FROM THE UTILITY TO THE LEASED
PREMISES; AND
(II)
LANDLORD MAKES NO WARRANTY AS TO THE QUALITY, CONTINUITY OR
AVAILABILITY OF THE TELECOMMUNICATIONS SERVICES IN THE BUILDING, AND TENANT
HEREBY WAIVES ANY CLAIM AGAINST LANDLORD FOR ANY ACTUAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS) IN THE EVENT TENANT'S
TELECOMMUNICATIONS SERVICES IN ANY WAY ARE INTERRUPTED, DAMAGED OR RENDERED LESS
EFFECTIVE, EXCEPT TO THE EXTENT CAUSED BY THE GROSSLY NEGLIGENT OR WILLFUL ACT
OR OMISSION BY LANDLORD, ITS AGENTS OR EMPLOYEES. TENANT ACCEPTS THE TELEPHONE
EQUIPMENT (INCLUDING, WITHOUT LIMITATION, THE INC, AS DEFINED BELOW) IN ITS
"AS-IS" CONDITION, AND TENANT SHALL BE SOLELY RESPONSIBLE FOR CONTRACTING WITH A
RELIABLE THIRD PARTY VENDOR TO ASSUME RESPONSIBILITY FOR THE MAINTENANCE AND
REPAIR THEREOF (WHICH CONTRACT SHALL CONTAIN PROVISIONS REQUIRING SUCH VENDOR TO
INSPECT THE INC PERIODICALLY (THE FREQUENCY OF SUCH INSPECTIONS TO BE DETERMINED
BY SUCH VENDOR BASED ON ITS EXPERIENCE AND PROFESSIONAL JUDGMENT), AND REQUIRING
SUCH VENDOR TO MEET LOCAL AND FEDERAL REQUIREMENTS FOR TELECOMMUNICATIONS
MATERIAL AND WORKMANSHIP). LANDLORD SHALL NOT BE LIABLE TO TENANT AND TENANT
WAIVES ALL CLAIMS AGAINST LANDLORD WHATSOEVER, WHETHER FOR PERSONAL INJURY,
PROPERTY DAMAGE, LOSS OF USE OF THE LEASED PREMISES, OR OTHERWISE, DUE TO THE
INTERRUPTION OR FAILURE OF TELEPHONE SERVICES TO THE LEASED PREMISES. TENANT
HEREBY HOLDS LANDLORD HARMLESS AND AGREES TO INDEMNIFY, PROTECT AND DEFEND
LANDLORD FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGE, LOSS OR EXPENSE DUE TO
ANY FAILURE OR INTERRUPTION OF TELEPHONE SERVICE TO THE LEASED PREMISES FOR ANY
REASON. TENANT AGREES TO OBTAIN LOSS OF RENTAL INSURANCE ADEQUATE TO COVER ANY
DAMAGE, LOSS OR EXPENSE OCCASIONED BY THE INTERRUPTION OF TELEPHONE SERVICE.
(B)
AT SUCH TIME AS THE ENTIRETY OF THE LEASED PREMISES IS NO LONGER LEASED TO
TENANT, LANDLORD SHALL IN ITS SOLE DISCRETION HAVE THE RIGHT, BY WRITTEN NOTICE
TO TENANT, TO ELECT TO ASSUME LIMITED RESPONSIBILITY FOR INC, AS PROVIDED BELOW,
AND UPON SUCH ASSUMPTION OF RESPONSIBILITY BY LANDLORD, THIS SUBPARAGRAPH
(B) SHALL APPLY PROSPECTIVELY.
(I)
LANDLORD SHALL PROVIDE TENANT ACCESS TO SUCH QUANTITY OF PAIRS IN
THE BUILDING INTRA-BUILDING NETWORK CABLE ("INC") AS IS DETERMINED TO BE
AVAILABLE BY LANDLORD IN ITS REASONABLE DISCRETION. TENANT'S ACCESS TO THE INC
SHALL BE SOLELY BY ARRANGEMENTS MADE BY TENANT, AS TENANT MAY ELECT, DIRECTLY
WITH PACIFIC BELL OR LANDLORD (OR SUCH VENDOR AS LANDLORD MAY DESIGNATE), AND
TENANT SHALL PAY ALL REASONABLE CHARGES AS MAY BE IMPOSED IN CONNECTION
THEREWITH. PACIFIC BELL'S CHARGES SHALL BE DEEMED TO BE REASONABLE.