LATE PAYMENTS IN ANY CALENDAR YEAR. IN ADDITION, IF TENANT FAILS TO PAY
ANY INSTALLMENT OF BASE RENT AND ADDITIONAL RENT OR ANY OTHER ITEM OF RENT WHEN
DUE AND PAYABLE HEREUNDER, A "LATE CHARGE" EQUAL TO FIVE PERCENT (5%) OF SUCH
UNPAID AMOUNT WILL BE DUE AND PAYABLE IMMEDIATELY BY TENANT TO LANDLORD,
PROVIDED, TENANT SHALL BE ENTITLED TO A GRACE PERIOD OF THREE (3) DAYS AFTER
NOTICE FROM LANDLORD WITH RESPECT TO THE FIRST TWO (2) LATE PAYMENTS IN ANY
CALENDAR YEAR.
C.
TENANT'S OBLIGATION SO TO PAY RENT UNDER
THE LEASE SHALL BE ABSOLUTE, UNCONDITIONAL, AND INDEPENDENT AND SHALL NOT BE
DISCHARGED OR OTHERWISE AFFECTED BY ANY LAW OR REGULATION NOW OR HEREAFTER
APPLICABLE TO THE PREMISES, OR ANY OTHER RESTRICTION ON TENANT'S USE, OR, EXCEPT
AS EXPRESSLY PROVIDED IN THE LEASE, ANY CASUALTY OR TAKING, OR ANY FAILURE BY
LANDLORD TO PERFORM OR OTHER OCCURRENCE; AND TENANT WAIVES ALL RIGHTS NOW OR
HEREAFTER EXISTING TO TERMINATE, QUIT OR SURRENDER THIS LEASE OR THE PREMISES OR
ANY PART THEREOF, OR TO ASSERT ANY DEFENSE IN THE NATURE OF CONSTRUCTIVE
EVICTION TO ANY ACTION SEEKING TO RECOVER RENT.
5.
Intentionally Omitted .
6.
Services to be Furnished by Landlord.
A.
LANDLORD SHALL FURNISH THE FOLLOWING
SERVICES:
(I) HEATING AND AIR CONDITIONING DURING NORMAL BUSINESS HOURS TO
PROVIDE A TEMPERATURE CONDITION REQUIRED, IN
5
LANDLORD'S REASONABLE JUDGMENT, FOR COMFORTABLE OCCUPANCY OF THE PREMISES UNDER
NORMAL BUSINESS OPERATIONS; (II) HOT AND COLD WATER FOR USE IN THE COMMON
LAVATORIES OF THE BUILDING AND COLD WATER FOR THE KITCHENETTE WITHIN THE
PREMISES (ANY HEATING OF SUCH WATER FOR THE KITCHENETTE BEING THE RESPONSIBILITY
OF TENANT); (III) JANITORIAL SERVICE IN THE PREMISES AND COMMON AREAS ON
BUSINESS DAYS; (IV) ELECTRICITY TO THE PREMISES FOR GENERAL OFFICE USE, IN
ACCORDANCE WITH AND SUBJECT TO THE TERMS AND CONDITIONS OF SECTION 10 OF THIS
LEASE AND (V) PASSENGER ELEVATOR SERVICE, 24 HOURS A DAY, 7 DAYS A WEEK; AND
FREIGHT ELEVATOR SERVICE ON BUSINESS DAYS, UPON REQUEST OF TENANT AND SUBJECT TO
SCHEDULING AND CHARGES BY LANDLORD. TENANT SHALL BE PERMITTED ACCESS TO THE
BUILDING AND THE PREMISES ON A 24 HOUR PER DAY, 7 DAY PER WEEK BASIS, SUBJECT TO
FORCE MAJEURE (AS HEREINAFTER DEFINED) AND LANDLORD'S REASONABLE SECURITY
MEASURES, AND SUBJECT TO LANDLORD'S RIGHT TO PROHIBIT, RESTRICT OR LIMIT ACCESS
TO THE BUILDING OR THE PREMISES IN EMERGENCY SITUATIONS IF LANDLORD DETERMINES,
IN ITS REASONABLE DISCRETION, THAT IT IS NECESSARY OR ADVISABLE TO DO SO IN
ORDER TO PREVENT OR PROTECT AGAINST DEATH OR INJURY TO PERSONS OR DAMAGE TO
PROPERTY.
B.
IF TENANT REQUESTS ANY OTHER UTILITIES OR
BUILDING SERVICES IN ADDITION TO THOSE IDENTIFIED IN SECTION 6A, OR ANY OF THE
ABOVE UTILITIES OR BUILDING SERVICES IN FREQUENCY, SCOPE, QUALITY OR QUANTITIES
SUBSTANTIALLY GREATER THAN THE STANDARDS SET BY LANDLORD FOR THE BUILDING, THEN
LANDLORD SHALL USE REASONABLE EFFORTS TO ATTEMPT TO FURNISH TENANT WITH SUCH
ADDITIONAL UTILITIES OR BUILDING SERVICES. LANDLORD MAY IMPOSE A REASONABLE
CHARGE FOR SUCH