WHICH, AS OF THE DATE
HEREOF, IS THE FIXED, AGREED-UPON SUM OF SIXTY AND 00/100 DOLLARS ($60.00) PER
HOUR, WITHOUT PRORATION FOR PARTIAL HOURS OF SERVICE, SUBJECT TO INCREASE BY
LANDLORD TO REFLECT ACTUAL INCREASES IN ELECTRIC COST OF PROVIDING SUCH AFTER
HOURS HVAC.
NOTWITHSTANDING THE FOREGOING, TENANT SHALL BE ENTITLED TO REQUEST
FROM LANDLORD UP TO FORTY (40) HOURS PER LEASE YEAR (WITHOUT PRORATION FOR
PARTIAL HOURS OF SERVICE) OF "AFTER-HOURS HVAC" FOR THE PREMISES WITHOUT CHARGE,
SUBJECT TO THE TERMS AND CONDITIONS OF THIS SECTION 14.2.
14.3
TENANT SHALL REIMBURSE LANDLORD FOR THE COST OF REMOVING FROM THE
PREMISES AND THE BUILDING ANY EXCESS REFUSE AND RUBBISH GENERATED OR OTHERWISE
DISPOSED OF BY TENANT (I.E., REFUSE AND RUBBISH REMOVAL BEYOND THE SCOPE OF
REFUSE AND RUBBISH REMOVAL INCLUDED IN THE JANITORIAL SPECIFICATIONS SET FORTH
ON EXHIBIT E), AS WELL AS THE COST OF REMOVING ANY CARPET STAINS NOT OTHERWISE
ADDRESSED IN THE JANITORIAL SPECIFICATIONS, AND TENANT SHALL PAY, AS ADDITIONAL
RENT, ALL BILLS THEREFOR WHEN RENDERED.
14.4
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LANDLORD
AND LANDLORD'S AGENTS SHALL NOT BE LIABLE FOR ANY FAILURE TO MAINTAIN
COMFORTABLE ATMOSPHERE CONDITIONS IN ALL OR ANY PORTION OF THE PREMISES DUE TO
EXCESSIVE HEAT GENERATED BY ANY EQUIPMENT OR MACHINERY INSTALLED BY TENANT (WITH
OR WITHOUT LANDLORD'S CONSENT), OR DUE TO ANY IMPACT THAT FURNITURE, EQUIPMENT,
MACHINERY OR MILLWORK WITHIN THE PREMISES MAY HAVE UPON THE DELIVERY OF HEAT OR
AIR-CONDITIONING (AS APPLICABLE) TO THE PREMISES, OR DUE TO AN EXCESSIVE
OCCUPANCY LOAD OF THE PREMISES PURSUANT TO THE LIMITATIONS SET FORTH IN EXHIBIT
G ATTACHED HERETO, OR DUE TO EVENTS BEYOND THE CONTROL OF LANDLORD, NOR SHALL
LANDLORD OR LANDLORD'S AGENTS SHALL HAVE ANY LIABILITY FOR FAILURE TO SUPPLY ANY
UTILITIES OR OTHER SERVICES HEREUNDER WHEN PREVENTED FROM DOING SO BY STRIKES,
REPAIRS, ALTERATIONS OR IMPROVEMENTS OR BY REASON OF THE FAILURE OF THE UTILITY
COMPANY SERVICING THE BUILDING TO FURNISH ANY SUCH UTILITY, OR BY ORDER OR
REGULATION OF ANY LEGAL REQUIREMENT OR INSURANCE REQUIREMENT, OR FOR ANY CAUSE
BEYOND LANDLORD'S CONTROL, NOR SHALL ANY SUCH FAILURE BE DEEMED A CONSTRUCTIVE
EVICTION OF TENANT, OR CONSTITUTE A BREACH OF ANY IMPLIED WARRANTY, OR ENTITLE
TENANT TO ANY ABATEMENT OF RENT OR OTHERWISE EFFECT TENANT'S OBLIGATIONS
HEREUNDER.
14.5
(A)
SUBJECT TO THE PROVISIONS OF THIS SECTION 14.5,
LANDLORD SHALL REDISTRIBUTE ELECTRIC ENERGY TO SERVICE THE PREMISES.
LANDLORD'S
OBLIGATION TO SUPPLY ELECTRIC POWER TO THE
F-32
PREMISES IS LIMITED ORDINARY LIGHTING AND ELECTRIC OFFICE EQUIPMENT USAGE AND
FOR NO OTHER USES OR PURPOSES ("TENANT ELECTRIC").
TENANT SHALL PAY TO LANDLORD
AS ADDITIONAL RENT, WITHIN TEN (10) DAYS OF RECEIPT OF A BILL THEREFOR, THE
CHARGES FOR TENANT ELECTRIC.
THE TERM "ELECTRIC RATES" SHALL BE DEEMED TO MEAN
THE RATES FOR THE COMPARABLE USAGE CHARGED BY THE PUBLIC UTILITY COMPANY
FURNISHING ELECTRICAL ENERGY TO THE BUILDING, INCLUDING BUT NOT LIMITED TO ANY
CHARGES OR SURCHARGES INCURRED OR TAXES PAYABLE BY LANDLORD IN CONNECTION
THEREWITH OR INCREASE OR DECREASE THEREOF BY