the Building Standard Services referenced in
Section 3.1(a)(i), (ii), (v) and (ix), Landlord shall furnish such services in
such quantities and at such levels that are at least equal to the quantities and
levels being furnished at the Property immediately prior to the Commencement
Date, with Tenant acknowledging and agreeing that Landlord shall not be required
to provide during the Term greater quantities or higher levels of service than
is capable of being provided through the Building Systems as the same exist as
of the Commencement Date, and that Landlord has no obligation to replace or
improve such Building Systems other than in the ordinary course as may be
consistent with sound building management practices or as required by
Section 5.5 hereof.
(B)
(1)
IF TENANT REQUIRES ELECTRICITY FOR USE IN THE LEASED
PREMISES IN EXCESS OF TENANT'S DEDICATED ELECTRICAL CAPACITY, AND SUCH REQUIRED
ADDITIONAL ELECTRICAL CAPACITY IS THEN AVAILABLE AT THE PROPERTY OR CAN BE
OBTAINED FOR THE PROPERTY BY LANDLORD FROM THE ELECTRIC UTILITY COMPANY, THEN
LANDLORD SHALL, UPON TENANT'S REQUEST AND AT TENANT'S SOLE COST AND EXPENSE,
FURNISH AND INSTALL, OR CAUSE TO BE FURNISHED AND INSTALLED, THE ADDITIONAL
EQUIPMENT (IF ANY) THAT IS REASONABLY REQUIRED TO FURNISH SUCH ADDITIONAL
ELECTRICAL CAPACITY TO THE LEASED PREMISES (INCLUDING, AS NEEDED, WIRES, RISERS,
CONDUITS, FEEDERS, SWITCHBOARDS AND CIRCUIT PANELS), WHEREUPON TENANT'S
DEDICATED ELECTRICAL CAPACITY SHALL BE AUTOMATICALLY INCREASED BY SUCH
ADDITIONAL ELECTRICAL CAPACITY.
(2)
TENANT, FROM TIME TO TIME, SHALL HAVE THE RIGHT TO INSTALL WITHIN
THE LEASED PREMISES (AT LOCATIONS SELECTED BY TENANT), OR WITHIN THE COMMON
AREAS, OR ON THE GROUNDS, OR ROOF OF THE BUILDING, SUBJECT TO LANDLORD'S
APPROVAL NOT TO BE UNREASONABLY WITHHELD OR DELAYED, ONE OR MORE SUPPLEMENTAL
HVAC UNITS, TOGETHER WITH THE EQUIPMENT PADS, DUCTS AND OTHER
54
EQUIPMENT NEEDED TO ACCOMMODATE THE EQUIPMENT AND DISTRIBUTE AND VENT THE AIR
GENERATED THEREBY (COLLECTIVELY, THE "TENANT'S SUPPLEMENTAL HVAC EQUIPMENT") FOR
THE PURPOSE OF PROVIDING ADDITIONAL HVAC SERVICE (I.E., HVAC SERVICE IN ADDITION
TO THE BUILDING SYSTEM HVAC SERVICE) FOR THE LEASED PREMISES OR ANY PORTION
THEREOF.
(3)
IF THE BUILDING SYSTEMS, AS OF THE DATE HEREOF, SHALL INCLUDE ANY
CHILLED OR CONDENSER WATER SYSTEM (HEREIN CALLED THE "BUILDING'S CW SYSTEM"),
THEN TENANT, IN CONNECTION WITH THE OPERATION OF ANY TENANT'S SUPPLEMENTAL HVAC
EQUIPMENT, THEN LANDLORD, AS A BUILDING STANDARD SERVICE, SHALL FURNISH CHILLED
OR CONDENSER WATER THEREFROM TO TENANT, AT A LEVEL EQUAL TO THE LEVEL THAT IS
BEING FURNISHED TO TENANT THEREFROM ON THE COMMENCEMENT DATE (SUCH LEVEL BEING
HEREIN CALLED "TENANT'S ALLOTTED CW CAPACITY") AND AT THE TIMES THAT SUCH
TENANT'S ALLOTTED CW CAPACITY IS BEING FURNISHED, OR MADE AVAILABLE, ON THE
COMMENCEMENT DATE, WITHOUT CHARGE TO TENANT. IF, AT ANY TIME HEREAFTER, TENANT,
BY NOTICE TO LANDLORD, MAY REQUEST AN INCREASE IN TENANT'S ALLOTTED CW CAPACITY,
AND, IN ANY SUCH CASE, (I) IF, AT THE TIME OF SUCH REQUEST, THE BUILDING'S CW
SYSTEM HAS SUFFICIENT AVAILABLE CAPACITY TO PERMIT THE REQUESTED INCREASE, THEN
TENANT'S ALLOTTED CW CAPACITY SHALL BE AUTOMATICALLY