TENANT'S EMPLOYEES,
TWENTY-FOUR (24) HOURS PER DAY, SEVEN (7) DAYS PER WEEK, ON A NON-EXCLUSIVE
BASIS IN COMMON WITH LANDLORD AND OTHER TENANTS OF THE BUILDING, AND AT NO
ADDITIONAL CHARGE TO TENANT (EXCEPT AS PART OF OPERATING EXPENSES), ONE (1)
MEN'S AND ONE (1) WOMEN'S LOCKER ROOM FACILITIES (WITH SHOWERS) IN THE BUILDING,
WHICH USE BY TENANT AND TENANT'S EMPLOYEES SHALL ALSO BE SUBJECT TO SUCH
REASONABLE AND NON-DISCRIMINATORY RULES AND REGULATIONS THEREFOR AS MAY BE
ADOPTED BY LANDLORD FROM TIME TO TIME.
6.1.9
LANDLORD SHALL PROVIDE A COMMERCIALLY REASONABLE SYSTEM PURSUANT TO
WHICH TENANT, IN THE EVENT OF AN EMERGENCY, MAY PROMPTLY CONTACT THE BUILDING
MANAGER AND BUILDING ENGINEER OR THEIR EQUIVALENT TWENTY-FOUR (24) HOURS A DAY
SEVEN (7) DAYS A WEEK (WHETHER OR NOT WITHIN THE BUSINESS HOURS).
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE (INCLUDING,
WITHOUT LIMITATION, ARTICLE 4 ABOVE AND THIS ARTICLE 6), IN ADDITION TO TENANT'S
RIGHTS SET FORTH IN SECTION 6.1.4 ABOVE, TENANT MAY, AT ANY TIME AND FROM TIME
TO TIME, UPON PROVIDING LANDLORD WITH AT LEAST THIRTY (30) DAYS' PRIOR WRITTEN
NOTICE, ELECT TO HAVE ANY OF TENANT'S EMPLOYEES (OR THIRD PARTY VENDORS
REASONABLY APPROVED BY LANDLORD) PERFORM ALL OR SOME OF THE FOLLOWING SERVICES
FOR THE PREMISES:
DAY PORTER, HANDYMAN, NON-BUILDING SYSTEMS AND EQUIPMENT
ENGINEER, LOCKSMITH AND THE PURCHASE AND PROVISION OF MATERIALS AND SUPPLIES FOR
ALL OR ANY OF THE SAME; PROVIDED, HOWEVER, THAT (I) ALL PERSONNEL PERFORMING
SUCH SERVICES SHALL ABIDE BY LANDLORD'S REASONABLE RULES, REGULATIONS AND
PROCEDURES IN CONNECTION THEREWITH, (II) SUCH SERVICES SHALL BE PERFORMED IN A
FIRST-CLASS MANNER (IN A MANNER COMPARABLE TO THE PROVISION OF SUCH SERVICES BY
THE LANDLORDS OF COMPARABLE BUILDINGS), (III) SUCH PERSONNEL OF THIRD PARTY
VENDORS SHALL NOT CREATE LABOR DISHARMONY AT THE PROJECT (AND AT LANDLORD'S
REQUEST, ALL THIRD PARTY VENDORS PROVIDING SUCH SERVICES SHALL BE UNION LABOR IN
COMPLIANCE WITH THE LABOR AGREEMENTS AFFECTING THE PROJECT), AND (IV) TO THE
EXTENT ANY SUCH SERVICES WOULD OTHERWISE HAVE BEEN PERFORMED BY LANDLORD AS PART
OF OPERATING EXPENSES AND NOT AS AN ADDITIONAL SERVICE PURSUANT TO SECTION 6.4
BELOW, FROM AND AFTER THE DATE ANY SUCH SERVICES ARE SO PROVIDED BY TENANT IN
LIEU OF LANDLORD PROVIDING SAME, THE COST AND EXPENSE OF PROVIDING SUCH SERVICES
TO THE PREMISES AND THE PREMISES OF OTHER TENANTS IN THE BUILDING SHALL BE
EXCLUDED FROM OPERATING EXPENSES FOR EACH EXPENSE YEAR (OR PARTIAL EXPENSE YEAR)
THEREAFTER WITH A CORRESPONDING REDUCTION IN THE COST COMPONENT FOR SUCH
SERVICES CONTAINED IN THE OPERATING EXPENSES FOR THE EXPENSE BASE YEAR.
6.2
OVERSTANDARD TENANT USE.
TENANT SHALL NOT, WITHOUT LANDLORD'S
PRIOR WRITTEN CONSENT (WHICH CONSENT MAY NOT BE UNREASONABLY WITHHELD,
CONDITIONED OR DELAYED), (I) USE HEAT-GENERATING MACHINES, MACHINES OTHER THAN
NORMAL OFFICE MACHINES, OR EQUIPMENT OR LIGHTING OTHER THAN BUILDING STANDARD
LIGHTS IN THE PREMISES, WHICH MAY MATERIALLY ADVERSELY AFFECT THE TEMPERATURE
OTHERWISE MAINTAINED BY THE AIR CONDITIONING SYSTEM, OR (II) MATERIALLY INCREASE
THE WATER, INCLUDING, WITHOUT LIMITATION, AS A RESULT OF THE USE OF