ALL SEWER FACILITIES, PLUMBING AND ELECTRICAL SYSTEMS
(EXCLUDING HOWEVER, THOSE PORTIONS OF SAID SEWER FACILITIES AND PLUMBING AND
ELECTRICAL SYSTEMS LOCATED WITHIN THE PREMISES AND OTHER PORTIONS OF THE
BUILDING LEASED TO OTHER TENANTS AND WHICH ARE MAINTAINED BY SUCH OTHER
TENANTS).
IN ADDITION, LANDLORD AGREES TO MAINTAIN AND KEEP CLEAN THE COMMON
AREA TO A STANDARD IN KEEPING WITH FIRST-CLASS OFFICE PROJECTS IN THE NORCROSS,
GEORGIA AREA.
NOTWITHSTANDING THE FOREGOING OBLIGATION, THE COST OF ANY REPAIRS
OR MAINTENANCE TO THE FOREGOING NECESSITATED BY THE INTENTIONAL ACTS OR
OMISSIONS, NEGLIGENCE OR GROSS NEGLIGENCE OF TENANT, OR ITS AGENTS, EMPLOYEES,
10
CONTRACTORS, INVITEES, LICENSEES, SUBTENANTS OR ASSIGNEES, SHALL BE DEEMED
RENTAL HEREUNDER AND SHALL BE REIMBURSED BY TENANT TO LANDLORD UPON DEMAND.
5.02.
LANDLORD AGREES TO PROVIDE AT ITS COST WATER, SEWER, ELECTRICAL AND
TELEPHONE SERVICE CONNECTIONS STUBBED OUT TO THE EXTERIOR DEMISING WALLS OF THE
PREMISES IN ACCORDANCE WITH EXHIBIT G; TENANT AGREES TO PAY DIRECTLY TO THE
PROVIDER (EXCEPT AS OTHERWISE SET FORTH BELOW) ALL CHARGES, FEES (HOOK-UP,
INSTALLATION AND THE LIKE) AND DEPOSITS INCURRED FOR ANY UTILITY SERVICES USED
ON THE PREMISES.
LANDLORD SHALL IN NO EVENT BE LIABLE FOR ANY INTERRUPTION OR
FAILURE OF UTILITY SERVICE TO THE PREMISES, BUT, IF REQUESTED BY TENANT,
LANDLORD SHALL USE REASONABLE EFFORTS TO COOPERATE WITH TENANT IN SECURING
SPEEDY RESUMPTION OF SAID INTERRUPTED SERVICE.
NOTWITHSTANDING THE FOREGOING,
EXCEPTING "FORCE MAJEURE", IN THE EVENT ANY INTERRUPTION OF SERVICES OCCURS
WHICH MATERIALLY ADVERSELY AFFECTS THE CONDUCT OF TENANT'S BUSINESS OPERATIONS.
AND SUCH INTERRUPTION CONTINUES FOR MORE THAN FIVE (5) CONSECUTIVE BUSINESS DAYS
AFTER TENANT GIVES WRITTEN NOTICE THEREOF TO LANDLORD, THEN, IN SUCH EVENT, THE
RENTAL DUE HEREUNDER SHALL BE ABATED FOR THE PERIOD BEGINNING ON THAT DATE WHICH
IS THE DATE OF SUCH NOTICE AND SHALL CONTINUE UNTIL SUCH INTERRUPTED UTILITY IS
RESTORED; PROVIDED, HOWEVER, IN THE EVENT TENANT CONTINUES TO USE ANY PORTION OF
THE PREMISES DURING SUCH PERIOD, THEN, IN SUCH EVENT, THE ABATEMENT OF RENTAL
DURING SUCH PERIOD SHALL BE PRORATED BASED ON THE SQUARE FOOTAGE OF THAT PORTION
OF THE PREMISES NOT IN USE BY TENANT VERSUS THE TOTAL SQUARE FOOTAGE OF THE
PREMISES.
TENANT SHALL PROMPTLY NOTIFY THE PROPER PUBLIC AUTHORITIES AND
UTILITY COMPANIES TO PROVIDE SERVICE FOR WATER, SEWER, GAS, ELECTRICITY AND ALL
OTHER UTILITIES REQUIRED OR DESIRED BY TENANT, WHICH SERVICES ARE TO BE IN
TENANT'S NAME AND ALL COSTS FOR SUCH SERVICES SHALL BE BORNE BY TENANT AS ITS
SOLE RESPONSIBILITY.
IN THE EVENT THE WATER AND SEWER CONNECTIONS INTO THE
PREMISES ARE JOINTLY METERED WITH OTHER PREMISES, TENANT COVENANTS AND AGREES TO
PAY TO LANDLORD ON A MONTHLY BASIS AS ADDITIONAL RENT, ITS PRO RATA SHARE OF
SUCH SERVICES AS DETERMINED BY LANDLORD IN ITS REASONABLE DISCRETION.
UNLESS
THE SAME IS CAUSED BY THE NEGLIGENT ACTION OR INACTION OF LANDLORD, LANDLORD
SHALL NOT BE LIABLE TO TENANT OR TO ANY OTHER PERSON FOR ANY DAMAGE OCCASIONED
BY FAILURE IN ANY UTILITY SYSTEM OR BY THE BREAKAGE OF ANY VESSEL OR PIPE