NOT REQUIRED TO OBTAIN
LANDLORD'S CONSENT FOR SUCH REPAIRS.
SUBJECT TO THE PROVISIONS OF THIS
SECTION 7.01(B), TENANT HEREBY WAIVES AND RELEASES ITS RIGHT TO MAKE REPAIRS AT
LANDLORD'S EXPENSE UNDER SECTIONS 1941 AND 1942 OF THE CALIFORNIA CIVIL CODE, OR
UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.
C.
LANDLORD SHALL FURNISH TO TENANT AND MAINTAIN (I) WATER (HOT AND
COLD) AT THOSE POINTS OF SUPPLY PROVIDED FOR GENERAL USE OF OCCUPANTS OF THE
BUILDING; (II) HEATING, VENTILATING AND AIR-CONDITIONING (HVAC) SUFFICIENT FOR
NORMAL COMFORT FOR NORMAL OFFICE USE OF THE DEMISED PREMISES PER THE STANDARDS
OF THE LESSER OF (I) THE CONDITION OF THE BUILDING AS OF THE LEASE COMMENCEMENT
DATE, OR (II) THOSE IN COMPARABLE BUILDINGS, MONDAY THROUGH FRIDAY FROM
7:00 A.M. TO 6:00 P.M., AND SATURDAY FROM 8:00 A.M. TO 2:00 P.M. ("BUSINESS
HOURS"); (III) JANITORIAL SERVICE TO THE COMMON AREAS ON BUSINESS DAYS, PURSUANT
TO THE BUILDING STANDARD CLEANING SPECIFICATIONS; (IV) ELEVATOR SERVICE, IN
COMMON WITH OTHER TENANTS AND OCCUPANTS, TO THE FLOOR ON WHICH THE DEMISED
PREMISES ARE LOCATED; (V) REPLACEMENT OF BUILDING-STANDARD LIGHT BULBS AND
FLUORESCENT TUBES, PROVIDED THAT THE COST OF SUCH BULBS AND TUBES SHALL BE PAID
BY TENANT; AND (VI) ELECTRIC CURRENT, AND UTILITIES FOR THE BUILDING AS
NECESSARY FOR GENERAL OFFICE USE.
LANDLORD SHALL MAINTAIN THE COMMON AREAS OF
THE BUILDING IN GOOD ORDER AND CONDITION.
IF TENANT DESIRES ANY OF THE SERVICES
SPECIFIED IN THIS SECTION 7.1 AT ANY TIME OTHER THAN TIMES HEREIN DESIGNATED,
SUCH SERVICES SHALL BE SUPPLIED TO TENANT UPON THE WRITTEN REQUEST OF TENANT
DELIVERED TO LANDLORD ON THE BUSINESS DAY PRECEDING SUCH EXTRA USAGE, SUBJECT TO
THE PROVISIONS SET FORTH BELOW IN SUBSECTION (D).
D.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LEASE, TENANT
SHALL NOT, WITHOUT LANDLORD'S PRIOR WRITTEN CONSENT, (I) USE HEAT-GENERATING
MACHINES, MACHINES OTHER THAN NORMAL FRACTIONAL HORSEPOWER OFFICE MACHINES, OR
EQUIPMENT OR LIGHTING OTHER THAN CURRENTLY EXISTING IN THE DEMISED PREMISES,
WHICH MAY MATERIALLY AFFECT THE TEMPERATURE OTHERWISE MAINTAINED BY THE AIR
CONDITIONING SYSTEM, OR (II) MATERIALLY INCREASE THE WATER NORMALLY FURNISHED
FOR THE NORMAL OFFICE USE FOR THE DEMISED PREMISES BY LANDLORD PURSUANT TO THE
TERMS THIS LEASE.
IN ADDITION, TENANT SHALL NOT USE ELECTRICITY IN THE DEMISED
PREMISES IN EXCESS OF THE CAPACITY OF THE ELECTRICITY FEEDERS AND RISERS
CURRENTLY SERVING THE DEMISED PREMISES.
IF TENANT USES WATER MATERIALLY IN
EXCESS OF THE QUANTITIES TO BE PROVIDED BY LANDLORD FOR NORMAL OFFICE USE
PURSUANT SUBSECTION (C) ABOVE, OR IF TENANT'S CONSUMPTION OF ELECTRICITY SHALL
EXCEED FOUR (4) WATTS PER USABLE SQUARE FOOT OF THE DEMISED PREMISES FOR
CONNECTED ELECTRICAL LOAD OF 120/208 VOLTAGE POWER EQUIPMENT AND ONE (1) WATT
PER USABLE SQUARE FOOT OF THE DEMISED PREMISES FOR CONNECTED ELECTRICAL LOAD FOR
277/480 VOLTAGE POWER EQUIPMENT, CALCULATED ON AN AVERAGE ANNUALIZED BASIS FOR
THE BUSINESS HOURS SET FORTH ABOVE AS REASONABLY DETERMINED BY LANDLORD, THEN
TENANT SHALL PAY TO LANDLORD, WITHIN TEN (10) DAYS AFTER BILLING, THE SUM OF
(A) THE ACTUAL COST