THE BUILDING TO A BASE
BUILDING COMMUNICATIONS CLOSET REASONABLY DESIGNATED BY LANDLORD THAT TENANT
SHALL MAINTAIN AT ITS EXPENSE.
PROVIDED THAT TENANT'S PROVIDER OF
TELECOMMUNICATION AND INFORMATION TECHNOLOGY SERVICES SIGNS LANDLORD'S STANDARD
FORM OF LICENSE AGREEMENT, LANDLORD SHALL NOT EXCLUDE SUCH CARRIER FROM THE
BUILDING.
21.06
IF (I) BY REASON OF LANDLORD'S MAKING OR FAILURE TO MAKE REPAIRS,
ALTERATIONS OR REPLACEMENTS MADE OR REQUIRED TO BE MADE BY LANDLORD PURSUANT TO
THIS LEASE, INCLUDING STRUCTURAL REPAIRS, OR (II) THE BUILDING HEAT, VENTILATION
OR AIR-CONDITIONING, ELECTRICAL OR PLUMBING SYSTEMS OR THE BUILDING ELEVATORS
SERVING THE DEMISED PREMISES (COLLECTIVELY, THE "BUILDING SYSTEMS") SHALL NOT BE
PROVIDED BY LANDLORD AS REQUIRED BY THIS LEASE (A "LANDLORD FAILURE"), AND AS A
RESULT OF SUCH LANDLORD FAILURE (A) THE DEMISED PREMISES OR A MATERIAL PORTION
THEREOF IS RENDERED UNUSABLE FOR THE NORMAL CONDUCT OF TENANT'S OR ITS
AFFILIATES' BUSINESS AND (B) TENANT AND ITS AFFILIATES CEASE TO USE SUCH
AFFECTED PORTION OF THE DEMISED PREMISES FOR THE CONDUCT OF ITS OR THEIR
BUSINESS, AND (C) SUCH LANDLORD FAILURE CONTINUES UNREMEDIED FOR MORE THAN TEN
(10) CONSECUTIVE DAYS, THEN PROVIDED THAT SUCH UNUSABILITY SHALL NOT HAVE
RESULTED FROM ANY ACT, OMISSION, NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT (OR
ITS AFFILIATES) OR ANY OF ITS CONTRACTORS, AGENTS, REPRESENTATIVES, PRINCIPALS,
EMPLOYEES, SERVANTS, LICENSEES OR INVITEES, THE BASIC ANNUAL RENT AND THE
ADDITIONAL RENT PAYABLE UNDER ARTICLE 3 OF THIS LEASE SHALL BE ABATED DURING THE
TIME THAT SUCH PORTION OF THE DEMISED PREMISES OR, IF APPLICABLE, THE ENTIRE
DEMISED PREMISES, REMAINS UNUSABLE AND UNUSED BY REASON OF SUCH LANDLORD FAILURE
AFTER SUCH TENTH CONSECUTIVE DAY IN THE AGGREGATE, APPORTIONED ACCORDING TO THE
RENTABLE AREA OF THE DEMISED PREMISES SO RENDERED UNUSABLE AND UNUSED.
TENANT
SHALL NOT BE DEEMED IN OCCUPANCY OF THE DEMISED PREMISES OR THE PORTION THEREOF
AFFECTED BY A LANDLORD FAILURE NOTWITHSTANDING THE FACT THAT TENANT AND ITS
AFFILIATES HAVE NOT REMOVED TENANT'S PROPERTY THEREFROM AND TENANT AND ITS
AFFILIATES MAY HAVE A SECURITY PRESENCE THEREIN, SO LONG AS NO BUSINESS IS
CONDUCTED THEREIN (OTHER THAN TEMPORARY ACTIVITIES CONDUCTED IN ORDER TO MOVE
TENANT'S AND ITS AFFILIATES' NORMAL BUSINESS ACTIVITIES ELSEWHERE).
NOTHING
CONTAINED IN THIS SECTION 21.06 IS INTENDED TO, OR SHALL BE DEEMED TO, MAKE ANY
EVENT DESCRIBED IN OR CONTEMPLATED BY ARTICLES 10, 14 OR 34 A LANDLORD FAILURE.
THE ABATEMENT OF BASIC ANNUAL RENT AND ADDITIONAL RENT UNDER THIS SECTION 21.06
SHALL BE TENANT'S
59
EXCLUSIVE REMEDY FOR THE LANDLORD FAILURE.
WITHOUT LIMITING THE PREVIOUS
SENTENCE, LANDLORD SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES CLAIMED TO HAVE
RESULTED FROM THE LANDLORD FAILURE.
ARTICLE 22
DEFINITIONS
22.01
"LANDLORD" MEANS ONLY THE OWNER, OR THE MORTGAGEE IN
POSSESSION, FOR THE TIME BEING OF THE BUILDING AND LAND (OR THE OWNER OF A LEASE
OF THE BUILDING OR OF THE BUILDING AND THE LAND), SO THAT IN THE EVENT OF ANY
TRANSFER OF TITLE TO THE LAND AND BUILDING OR SAID LEASE, OR IN THE EVENT OF A
LEASE OF THE BUILDING, OR OF THE