BY THE CHARACTER OF
THE WORK TO BE PERFORMED, PROVIDED ACCESS TO THE PREMISES SHALL NOT BE
MATERIALLY IMPAIRED, AND FURTHER PROVIDED THAT THE BUSINESS OF TENANT SHALL NOT
BE INTERFERED WITH UNREASONABLY.
SUCH ENTRIES SHALL BE SUBJECT TO TENANT'S
REASONABLE SECURITY MEASURES.
16.2
KEYS.
FOR EACH OF THE PURPOSES SET FORTH IN SECTION 16.1. ABOVE,
LANDLORD SHALL AT ALL TIMES HAVE AND RETAIN A KEY WITH WHICH TO UNLOCK ALL OF
THE DOORS IN THE PREMISES, EXCLUDING TENANT'S VAULTS AND SAFES OR SPECIAL
SECURITY AREAS (DESIGNATED IN ADVANCE), AND LANDLORD SHALL HAVE THE RIGHT TO USE
ANY AND ALL MEANS WHICH LANDLORD MAY DEEM PROPER TO OPEN SAID DOORS IN AN
EMERGENCY TO OBTAIN ENTRY TO ANY PORTION OF THE PREMISES.
AS TO ANY PORTION TO
WHICH ACCESS CANNOT BE HAD BY MEANS OF A KEY OR KEYS IN LANDLORD'S POSSESSION,
LANDLORD IS AUTHORIZED TO GAIN ACCESS BY SUCH MEANS AS LANDLORD SHALL ELECT AND
THE COST OF REPAIRING ANY DAMAGE OCCURRING IN DOING SO SHALL BE BORNE BY TENANT
AND PAID TO LANDLORD AS ADDITIONAL RENT UPON DEMAND.
16.3
WAIVER.
TENANT HEREBY WAIVES ANY CLAIM FOR DAMAGES FOR ANY INJURY
OR INCONVENIENCE TO OR INTERFERENCE WITH TENANT'S BUSINESS, ANY LOSS OF
OCCUPANCY OR QUIET ENJOYMENT OF THE PREMISES, AND ANY OTHER LOSS OCCASIONED BY
ANY ACTION OF LANDLORD AUTHORIZED BY THIS ARTICLE 16.
ARTICLE 17.
EMERGENCY GENERATOR EQUIPMENT
17.1
RIGHT TO USE BUILDING GENERATOR.
PROVIDED THAT TENANT LEASES A
MINIMUM OF 75,000 SQUARE FEET OF SPACE IN THE BUILDING, TENANT SHALL HAVE THE
RIGHT, AT TENANT'S SOLE COST AND EXPENSE, TO CONNECT THE PREMISES TO THE
BUILDING'S EMERGENCY GENERATOR FOR THE PURPOSE OF SUPPLYING EMERGENCY POWER TO
THE PREMISES IN THE EVENT OF A POWER OUTAGE.
TENANT'S ALLOCATED SHARE OF POWER
FROM THE EMERGENCY GENERATOR SHALL BE 60,000 WATTS. TENANT SHALL NOT AT ANY TIME
USE MORE THAN 60,000 WATTS OF ELECTRICITY FROM THE GENERATOR, OR IN THE EVENT OF
A CHANGE IN LAWS
36
REGULATING EMERGENCY GENERATOR USE, SUCH LOWER AMOUNT AS SHALL BE LEGALLY
PERMISSIBLE FROM TIME TO TIME, AND SHALL NOT SELL ELECTRICAL POWER OR USE THE
GENERATOR EQUIPMENT TO PROVIDE ELECTRICAL POWER OR SERVICES TO ANY OTHER PARTY.
THE METHOD OF CONNECTION TO THE GENERATOR SHALL BE AS DIRECTED BY LANDLORD.
TENANT, AT TENANT'S SOLE EXPENSE, SHALL OBTAIN ALL PERMITS AND APPROVALS
REQUIRED IN CONNECTION WITH TENANT'S CONNECTION TO AND USE OF THE GENERATOR
EQUIPMENT AND SHALL OTHERWISE COMPLY WITH ALL LEGAL REQUIREMENTS REGARDING THE
INSTALLATION, CONSTRUCTION, OPERATION AND MAINTENANCE OF TENANT'S CONNECTIONS TO
THE GENERATOR EQUIPMENT.
LANDLORD SHALL MAINTAIN AND REPAIR THE GENERATOR IN
GOOD WORKING CONDITION AND UPON TENANT'S WRITTEN REQUEST FROM TIME TO TIME,
LANDLORD SHALL UPDATE TENANT AS TO THE CONDITION OF THE GENERATOR AND SHALL
PROVIDE TENANT WITH COPIES OF THE MAINTENANCE RECORDS FOR THE GENERATOR.
IN NO
EVENT WILL LANDLORD BE LIABLE TO TENANT FOR ANY LOSS OR DAMAGE (INCLUDING,
WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES FOR LOSS OF BUSINESS OR INCOME)
INCURRED BY TENANT AS A RESULT OF