A CONNECTED LOAD OF 8 WATTS PER USABLE SQUARE FOOT OF THE PREMISES.
(C)
LANDLORD SHALL NOT BE LIABLE FOR DAMAGES TO PROPERTY, NOR SHALL
LANDLORD BE DEEMED TO HAVE EVICTED TENANT, NOR SHALL THERE BE ANY ABATEMENT OF
RENT, NOR SHALL TENANT BE RELIEVED FROM PERFORMANCE OF ANY COVENANT ON ITS PART
TO BE PERFORMED UNDER THIS LEASE BY REASON OF ANY (I) DEFICIENCY IN THE
PROVISION OF BASIC SERVICES; (II) BREAKDOWN OF EQUIPMENT OR MACHINERY UTILIZED
IN SUPPLYING SERVICES; OR (III) CURTAILMENT OR CESSATION OF SERVICES DUE TO
CAUSES OR CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF LANDLORD INCLUDING,
WITHOUT LIMITATION, ROLLING BLACKOUTS (I.E. THE TEMPORARY INTERRUPTION OF
UTILITIES DUE TO ENERGY SHORTAGES); OR (IV) NECESSARY REPAIRS OR IMPROVEMENTS,
UNLESS SUCH DEFICIENCY, BREAKDOWN, CURTAILMENT OR CESSATION IS DUE TO THE ACTIVE
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD.
LANDLORD SHALL USE
REASONABLE DILIGENCE TO MAKE SUCH REPAIRS AS MAY BE REQUIRED TO MACHINERY OR
EQUIPMENT WITHIN THE PROJECT TO PROVIDE RESTORATION OF SERVICES AND, WHERE THE
CESSATION OR INTERRUPTION OF SERVICE HAS OCCURRED DUE TO CIRCUMSTANCES OR
CONDITIONS BEYOND PROJECT BOUNDARIES, TO CAUSE THE SAME TO BE RESTORED, BY
DILIGENT APPLICATION OR REQUEST TO THE PROVIDER THEREOF.
IN NO EVENT SHALL ANY
HOLDER AS DEFINED IN SECTION 9.1 BE OR BECOME LIABLE FOR ANY DEFAULT OF LANDLORD
UNDER THIS SECTION 5.1(B).
NOTWITHSTANDING THE FOREGOING, IF ANY INTERRUPTION
IN, OR FAILURE OR INABILITY TO PROVIDE ANY OF THE SERVICES OR UTILITIES
DESCRIBED IN SECTION 5.1(B). IS (I) WITHIN LANDLORD'S REASONABLE CONTROL AND
CONTINUES FOR THREE (3) OR MORE CONSECUTIVE BUSINESS DAYS, OR (II) OUTSIDE
LANDLORD'S REASONABLE CONTROL AND CONTINUES FOR SIXTY (60) OR MORE CONSECUTIVE
DAYS, AND TENANT IS UNABLE TO AND DOES NOT USE A MATERIAL PORTION OF THE
PREMISES FOR TENANT'S BUSINESS PURPOSES AS A RESULT THEREOF, THEN TENANT SHALL
BE ENTITLED TO AN ABATEMENT OF RENT HEREUNDER, WHICH ABATEMENT SHALL BE BASED ON
THE EXTENT OF TENANT'S INABILITY TO USE THE PREMISES.
5.2
EXTRA SERVICES.
LANDLORD MAY, IN LANDLORD'S SOLE DISCRETION,
PROVIDE TO TENANT AT TENANT'S SOLE COST AND EXPENSE (AND SUBJECT TO THE
LIMITATIONS HEREINAFTER SET FORTH) THE FOLLOWING EXTRA SERVICES:
(A)
CONDENSER WATER CIRCULATION PROVIDED BY LANDLORD TO TENANT DURING
HOURS OTHER THAN THOSE SPECIFIED IN SECTION 5.1(A)(I) ABOVE, UPON THE PRIOR
WRITTEN REQUEST OF TENANT SUBMITTED TO LANDLORD DURING BUSINESSES HOURS AT LEAST
24 HOURS IN ADVANCE OF THE TIME SUCH SERVICE IS NEEDED, OR PURSUANT TO SUCH
OTHER PROCEDURES AS MAY BE ESTABLISHED FROM TIME TO TIME BY LANDLORD FOR THE
BUILDING; AND
(B)
ANY BASIC SERVICE IN AMOUNTS REASONABLY DETERMINED BY LANDLORD TO
EXCEED THE AMOUNTS REQUIRED TO BE PROVIDED UNDER SECTION 5.1(A), BUT ONLY IF
LANDLORD ELECTS TO PROVIDE SUCH ADDITIONAL OR EXCESS SERVICE.
As of the date of this Lease, Landlord's current rate for after-hours condenser
water circulation provided as an extra service (i.e., heat, ventilation or air
conditioning provided during hours other than those set forth in
Section 5.1(a)(i) above) is $20.00 per hour. Landlord reserves the right to