DO SO, BY ANY ACCIDENT OR
CASUALTY WHATSOEVER, BY ACT OR DEFAULT OF TENANT OR OTHER PARTIES, OR BY ANY
OTHER CAUSE; AND SUCH FAILURES OR DELAYS OR DIMINUTION SHALL NEVER BE DEEMED TO
CONSTITUTE AN EVICTION OR DISTURBANCE OF TENANT'S USE AND POSSESSION OF THE
PREMISES (SUBJECT, HOWEVER, TO LANDLORD'S COVENANT OF QUIET ENJOYMENT IN
ARTICLE 20 BELOW) OR RELIEVE TENANT FROM PAYING RENT (EXCEPT AS PROVIDED IN
SECTION 6.5 BELOW) OR PERFORMING ANY OF ITS OBLIGATIONS UNDER THIS LEASE;
PROVIDED, HOWEVER, THAT LANDLORD SHALL USE COMMERCIALLY REASONABLE AND DILIGENT
EFFORTS TO RESTORE SUCH SERVICE AS SOON AS COMMERCIALLY PRACTICABLE TO THE
EXTENT THE RESTORATION OF THE SAME IS NOT THE OBLIGATION OF TENANT, THE UTILITY
COMPANY OR OTHER THIRD PARTY.
FURTHERMORE, EXCEPT AS EXPRESSLY PROVIDED IN
SECTION 10.1 BELOW, LANDLORD SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR A
LOSS OF, OR INJURY TO, PROPERTY OR FOR INJURY TO, OR INTERFERENCE WITH, TENANT'S
BUSINESS, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, HOWEVER OCCURRING,
THROUGH OR IN CONNECTION WITH OR INCIDENTAL TO A FAILURE TO FURNISH ANY OF THE
SERVICES OR UTILITIES AS SET FORTH IN THIS ARTICLE 6.
29
6.4
ADDITIONAL SERVICES.
UPON TENANT'S REQUEST, LANDLORD SHALL HAVE
THE RIGHT, BUT NOT THE OBLIGATION, TO PROVIDE ANY ADDITIONAL SERVICES WHICH MAY
BE REQUIRED BY TENANT, INCLUDING, WITHOUT LIMITATION, LOCKSMITHING, LAMP
REPLACEMENT, ADDITIONAL JANITORIAL SERVICE, AND ADDITIONAL REPAIRS AND
MAINTENANCE, PROVIDED THAT TENANT SHALL PAY TO LANDLORD WITHIN THIRTY (30) DAYS
AFTER BILLING, THE SUM OF THE ACTUAL COSTS TO LANDLORD OF SUCH ADDITIONAL
SERVICES, PLUS AN ADMINISTRATION FEE EQUAL TO THREE AND ONE-HALF PERCENT (3.5%)
OF SUCH ACTUAL COSTS.
CHARGES FOR ANY SERVICE FOR WHICH TENANT IS REQUIRED TO
PAY FROM TIME TO TIME HEREUNDER SHALL BE DEEMED ADDITIONAL RENT HEREUNDER, AND
SHALL BE BILLED ON A MONTHLY BASIS.
6.5
ABATEMENT OF RENT WHEN TENANT IS PREVENTED FROM USING PREMISES.
IN THE EVENT THAT TENANT IS ACTUALLY PREVENTED FROM USING, AND DOES NOT USE, THE
PREMISES OR ANY PORTION THEREOF, FOR THE ELIGIBILITY PERIOD (AS DEFINED BELOW)
AS A RESULT OF ANY OF THE FOLLOWING (EACH AN "ABATEMENT EVENT") (I) ANY
CONSTRUCTION, REPAIR, MAINTENANCE OR ALTERATION PERFORMED BY LANDLORD AFTER THE
LEASE COMMENCEMENT DATE, (II) ANY FAILURE BY LANDLORD TO PROVIDE TO THE PREMISES
ANY OF THE ESSENTIAL UTILITIES AND SERVICES REQUIRED TO BE PROVIDED IN
SECTIONS 6.1.1 OR 6.1.2 ABOVE, (III) ANY FAILURE BY LANDLORD TO PROVIDE ACCESS
TO THE PREMISES OR PARKING FACILITIES, (IV) ANY FAILURE BY LANDLORD TO PERFORM
LANDLORD'S REPAIR OBLIGATIONS UNDER SECTION 7.2 BELOW PRIOR TO THE EXPIRATION OF
THE OUTSIDE REPAIR PERIOD (AS DEFINED IN SECTION 7.3 BELOW), (V) THE PRESENCE OF
HAZARDOUS MATERIALS IN, ON OR AROUND THE BUILDING, THE PREMISES OR THE REAL
PROPERTY WHICH WERE NOT CAUSED OR INTRODUCED BY TENANT OR TENANT'S AGENTS,
EMPLOYEES, LICENSEES OR INVITEES, AND WHICH HAZARDOUS MATERIALS POSE A MATERIAL
AND SIGNIFICANT HEALTH RISK TO OCCUPANTS OF THE PREMISES AS DETERMINED BY
APPLICABLE GOVERNMENTAL AUTHORITIES PURSUANT TO APPLICABLE ENVIRONMENTAL LAWS BY
WRITTEN NOTICE DELIVERED