THIS LEASE (FOR EXAMPLE, HVAC IN EXCESS OF THAT REQUIRED FOR NORMAL COMFORT
FOR NORMAL OFFICE USE IN THE PREMISES AND/OR HVAC REQUESTED OUTSIDE OF BUILDING
HOURS), TENANT SHALL PAY TO LANDLORD, UPON BILLING, THE COST OF SUCH EXCESS
CONSUMPTION, THE COST OF THE INSTALLATION, OPERATION, AND MAINTENANCE OF
EQUIPMENT WHICH IS INSTALLED IN ORDER TO SUPPLY SUCH EXCESS CONSUMPTION, AND THE
COST OF THE INCREASED WEAR AND TEAR ON EXISTING EQUIPMENT CAUSED BY SUCH EXCESS
CONSUMPTION;
26
*** CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND FILED
SEPARATELY WITH THE COMMISSION.
AND LANDLORD MAY INSTALL DEVICES TO SEPARATELY METER ANY INCREASED USE AND IN
SUCH EVENT TENANT SHALL PAY THE INCREASED COST DIRECTLY TO LANDLORD, ON DEMAND,
AT THE RATES CHARGED BY THE PUBLIC UTILITY COMPANY FURNISHING THE SAME,
INCLUDING THE COST OF SUCH ADDITIONAL METERING DEVICES.
TENANT'S USE OF
ELECTRICITY SHALL NEVER EXCEED THE CAPACITY OF THE FEEDERS TO THE PROJECT OR THE
RISERS OR WIRING INSTALLATION, AND SUBJECT TO THE TERMS OF SECTION 29.32, BELOW,
TENANT SHALL NOT INSTALL OR USE OR PERMIT THE INSTALLATION OR USE OF ANY
COMPUTER OR ELECTRONIC DATA PROCESSING EQUIPMENT IN THE PREMISES, WITHOUT THE
PRIOR WRITTEN CONSENT OF LANDLORD; PROVIDED, HOWEVER, THE FOREGOING RESTRICTION
SHALL NOT APPLY TO GENERAL OFFICE USE OF PERSONAL COMPUTERS ON THE DESKTOPS OF
TENANT'S EMPLOYEES.
IF TENANT DESIRES TO USE HEAT, VENTILATION OR AIR
CONDITIONING DURING HOURS OTHER THAN THOSE FOR WHICH LANDLORD IS OBLIGATED TO
SUPPLY SUCH UTILITIES PURSUANT TO THE TERMS OF SECTION 6.1 OF THIS LEASE, TENANT
SHALL GIVE LANDLORD SUCH PRIOR NOTICE, IF ANY, AS LANDLORD SHALL FROM TIME TO
TIME ESTABLISH AS APPROPRIATE, OF TENANT'S DESIRED USE IN ORDER TO SUPPLY SUCH
UTILITIES, AND LANDLORD SHALL SUPPLY SUCH UTILITIES TO TENANT AT THE "ACTUAL
COST" THEREOF (AS THAT TERM IS DEFINED BELOW) (WHICH SHALL BE TREATED AS
ADDITIONAL RENT).
FOR THE PURPOSE OF THIS SECTION 6.2, "ACTUAL COST" SHALL MEAN
THE ACTUAL COST, INCLUDING REASONABLE DEPRECIATION (ATTRIBUTABLE TO SUCH
AFTER-HOURS USAGE) AND ACTUAL ADMINISTRATIVE CHARGES (TO THE EXTENT NOT
DUPLICATIVE OF OPERATING EXPENSES), INCURRED BY LANDLORD, AS REASONABLY
DETERMINED BY LANDLORD BUT WITHOUT CHARGE FOR PROFIT, PROVIDED THAT,
NOTWITHSTANDING THE FOREGOING, ANY AMOUNT ACTUALLY CHARGED BY ANY THIRD PARTY TO
LANDLORD (I.E., UNAFFILIATED WITH LANDLORD) FOR THE SUPPLY OF HVAC TO TENANT
SHALL BE DEEMED PART OF LANDLORD'S "ACTUAL COST."
6.3
INTERRUPTION OF USE.
EXCEPT AS OTHERWISE PROVIDED IN SECTION 6.4
OR ELSEWHERE IN THIS LEASE, TENANT AGREES THAT LANDLORD SHALL NOT BE LIABLE FOR
DAMAGES, BY ABATEMENT OF RENT OR OTHERWISE, FOR FAILURE TO FURNISH OR DELAY IN
FURNISHING ANY SERVICE (INCLUDING TELEPHONE AND TELECOMMUNICATION SERVICES), OR
FOR ANY DIMINUTION IN THE QUALITY OR QUANTITY THEREOF, WHEN SUCH FAILURE OR
DELAY OR DIMINUTION IS OCCASIONED, IN WHOLE OR IN PART, BY BREAKAGE, REPAIRS,
REPLACEMENTS, OR IMPROVEMENTS, BY ANY STRIKE, LOCKOUT OR OTHER LABOR TROUBLE, BY
INABILITY TO SECURE ELECTRICITY, GAS, WATER, OR OTHER FUEL AT THE BUILDING OR
PROJECT AFTER REASONABLE EFFORT TO DO SO, BY ANY RIOT