THE CAPACITY OF EITHER OR BOTH OF (X) ANY OF THE
ELECTRICAL CONDUCTORS AND EQUIPMENT IN OR OTHERWISE SERVICING THE PREMISES; AND
(Y) THE HVAC SYSTEMS OF EITHER OR BOTH OF THE PREMISES AND THE PROPERTY.
LANDLORD SHALL ENSURE THAT TENANT HAS ACCESS TO 480 VOLT, 3-PHASE POWER AT ALL
TIMES DURING THE TERM OF THE LEASE; PROVIDED, HOWEVER, TENANT HEREBY
ACKNOWLEDGES AND AGREES THAT LANDLORD HAS PROVIDED SUCH SPECIFIED 480 VOLT,
3-PHASE POWER AS OF THE DATE HEREOF.
15.
INVOLUNTARY CESSATION OF SERVICES.
LANDLORD RESERVES THE RIGHT,
WITHOUT ANY LIABILITY TO TENANT AND WITHOUT AFFECTING TENANT'S COVENANTS AND
OBLIGATIONS HEREUNDER, TO STOP ANY OTHER SERVICES REQUIRED BY LANDLORD UNDER
THIS LEASE, WHENEVER AND FOR SO LONG AS MAY BE NECESSARY BY REASON OF (I)
ACCIDENTS, EMERGENCIES, STRIKES, OR THE MAKING OF REPAIRS OR CHANGES
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WHICH LANDLORD OR AGENT, IN GOOD FAITH, DEEMS NECESSARY OR (II) ANY OTHER CAUSE
BEYOND LANDLORD'S REASONABLE CONTROL.
FURTHER, IT IS ALSO UNDERSTOOD AND AGREED
THAT LANDLORD OR AGENT SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR A CESSATION
OF SERVICES TO THE PREMISES OR TO THE PROPERTY THAT OCCURS AS A RESULT OF CAUSES
BEYOND LANDLORD'S OR AGENT'S REASONABLE CONTROL.
NO SUCH INTERRUPTION OF
SERVICE SHALL BE DEEMED AN EVICTION OR DISTURBANCE OF TENANT'S USE AND
POSSESSION OF THE PREMISES OR ANY PART THEREOF, OR RENDER LANDLORD OR AGENT
LIABLE TO TENANT FOR DAMAGES, OR RELIEVE TENANT FROM PERFORMANCE OF TENANT'S
OBLIGATIONS UNDER THIS LEASE, INCLUDING, BUT NOT LIMITED TO, THE OBLIGATION TO
PAY RENT; PROVIDED, HOWEVER, THAT IF ANY INTERRUPTION OF SERVICES PERSISTS FOR A
PERIOD IN EXCESS OF FIVE (5) CONSECUTIVE BUSINESS DAYS TENANT SHALL BE ENTITLED
TO A PROPORTIONATE ABATEMENT OF RENT TO THE EXTENT, IF ANY, OF ANY ACTUAL LOSS
OF USE OF THE PREMISES BY TENANT; PROVIDED FURTHER, THAT IF ANY INTERRUPTION OF
SERVICES PERSISTS FOR A PERIOD IN EXCESS OF THIRTY (30) CONSECUTIVE BUSINESS
DAYS OR AN AGGREGATE OF THIRTY (30) BUSINESS DAYS IN ANY NINETY (90) DAY PERIOD,
TENANT SHALL HAVE THE RIGHT TO TERMINATE THIS LEASE.
16.
LANDLORD'S RIGHTS.
PROVIDED THAT THEY DO NOT DISTURB OR OTHERWISE
DISRUPT OR INTERFERE WITH TENANT'S OPERATION OF ITS BUSINESS, LANDLORD, AGENT
AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND REPRESENTATIVES SHALL HAVE THE RIGHT
TO ENTER AND/OR PASS THROUGH THE PREMISES DURING NORMAL BUSINESS HOURS UPON ONE
(1) BUSINESS DAY'S PRIOR WRITTEN NOTICE (EXCEPT IN THE EVENT OF EMERGENCY): (A)
TO EXAMINE AND INSPECT THE PREMISES AND TO SHOW THEM TO ACTUAL AND PROSPECTIVE
LENDERS, PROSPECTIVE PURCHASERS OR MORTGAGEES OF THE PROPERTY OR PROVIDERS OF
CAPITAL TO LANDLORD AND ITS AFFILIATES; AND IN CONNECTION WITH THE FOREGOING, TO
INSTALL A SIGN AT OR ON THE PROPERTY TO ADVERTISE THE PROPERTY FOR LEASE OR
SALE; (B) TO MAKE SUCH REPAIRS, ALTERATIONS, ADDITIONS AND IMPROVEMENTS IN OR TO
ALL OR ANY PORTION OF EITHER OR BOTH OF THE PREMISES AND THE PROPERTY, OR THE
PROPERTY'S FACILITIES AND EQUIPMENT AS LANDLORD IS REQUIRED OR DESIRES TO MAKE.
DURING THE PERIOD OF NINE (9)