TO MAKE ARRANGEMENTS TO OBTAIN ELECTRIC SERVICE DIRECTLY FROM THE PUBLIC
UTILITY COMPANY SERVICING THE BUILDING. IF LANDLORD EXERCISES SUCH RIGHT OF
TERMINATION, THIS LEASE SHALL REMAIN UNAFFECTED THEREBY AND SHALL CONTINUE IN
FULL FORCE AND EFFECT; AND THEREAFTER TENANT SHALL DILIGENTLY ARRANGE TO OBTAIN
ELECTRIC SERVICE DIRECTLY FROM THE PUBLIC UTILITY COMPANY SERVICING THE
BUILDING, AND THEREAFTER TENANT SHALL HAVE NO OBLIGATION TO MAKE FURTHER
PAYMENTS UNDER SECTION 4.03 ABOVE. TENANT SHALL HAVE THE RIGHT TO USE THE
RISERS,
9
feeders and other electric equipment serving the Building and in no event shall
Tenant be responsible for any additional installations.
4.06
TENANT'S USE OF ELECTRIC CURRENT IN THE DEMISED
PREMISES SHALL NOT AT ANY TIME EXCEED THE CAPACITY OF ANY OF THE ELECTRICAL
CONDUCTORS AND EQUIPMENT IN OR OTHERWISE SERVING THE DEMISED PREMISES.
4.07
TO THE EXTENT PERMITTED BY APPLICABLE LAW,
LANDLORD SHALL NOT BE LIABLE IN ANY WAY TO TENANT FOR ANY FAILURE OR DEFECT IN
THE SUPPLY OR CHARACTER OF ELECTRIC ENERGY FURNISHED TO THE DEMISED PREMISES BY
REASON OF ANY REQUIREMENT, ACT OR OMISSION OF THE PUBLIC UTILITY PROVIDING THE
BUILDING WITH ELECTRICITY OR FOR ANY OTHER REASON WHATSOEVER, UNLESS THE RESULT
OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT LANDLORD, OR LANDLORD'S AGENTS,
CONTRACTORS OR EMPLOYEES, IN WHICH EVENT IF TENANT IS UNABLE TO USE ALL OR A
PORTION OF THE PREMISES FOR ITS BUSINESS PURPOSES FOR A PERIOD OF FIFTEEN (15)
DAYS, THE FIXED RENT AND ADDITIONAL RENT DUE HEREUNDER SHALL ABATE UNTIL TENANT
IS AGAIN ABLE TO USE THE DEMISED PREMISES FOR ITS BUSINESS PURPOSES.
4.08
TENANT SHALL PURCHASE FROM LANDLORD OR LANDLORD'S
AGENT ALL LIGHTING TUBES, LAMPS, BULBS AND BALLASTS USED IN THE DEMISED PREMISES
AND TENANT SHALL PAY LANDLORD'S USUAL CHARGES FOR PROVIDING AND INSTALLING SAME
ON DEMAND AS ADDITIONAL RENT, EXCEPT LANDLORD SHALL REPLACE, AT ITS EXPENSE, ANY
BROKEN AND NON-OPERATING LIGHTING TUBES, LAMPS, BULBS AND BALLASTS EXISTING AS
OF THE COMMENCEMENT DATE.
4.09
ANY DETERMINATIONS WITH RESPECT TO CHARGES FOR
ELECTRICITY ON FLOORS OCCUPIED BY MORE THAN ONE TENANT OR OTHERWISE WHICH MUST
BE MADE PURSUANT TO THE TERMS OF THIS LEASE SHALL BE MADE BY A REPUTABLE,
INDEPENDENT ELECTRICAL CONSULTANT SELECTED BY LANDLORD ("LANDLORD'S ELECTRICAL
CONSULTANT"). ANY DETERMINATION MADE BY LANDLORD'S ELECTRICAL CONSULTANT
PURSUANT TO OR IN CONNECTION WITH THIS LEASE SHALL BE BINDING AND CONCLUSIVE ON
LANDLORD AND ON TENANT UNLESS TENANT DISPUTES SUCH DETERMINATION AS HEREINAFTER
PROVIDED. TENANT SHALL HAVE THE RIGHT TO GIVE A NOTICE (THE "DISPUTE NOTICE") TO
LANDLORD, WITHIN THIRTY (30) DAYS AFTER THE DATE IT IS NOTIFIED OF ANY
DETERMINATION BY LANDLORD'S ELECTRICAL CONSULTANT, THAT (I) TENANT HAS ENGAGED
ITS OWN ELECTRICAL CONSULTANT ("TENANT'S ELECTRICAL CONSULTANT") TO VERIFY THE
DETERMINATION OF LANDLORD'S ELECTRICAL CONSULTANT. IF TENANT'S ELECTRICAL
CONSULTANT AND LANDLORD'S ELECTRICAL CONSULTANT CANNOT AGREE WITHIN TEN
(10) DAYS AFTER THE DISPUTE NOTICE, IF ANY, IS GIVEN ON WHAT AN APPROPRIATE
RESOLUTION OF THEIR DISPUTE SHOULD BE, THEN EITHER PARTY, UPON NOTICE TO THE
OTHER, MAY SUBMIT THE ISSUE TO ARBITRATION IN ACCORDANCE WITH