DEEMED TO BE IN BREACH OF LANDLORD'S COVENANTS HEREUNDER
BECAUSE OF THE FAILURE OF A PUBLIC UTILITY TO SUPPLY THE REQUIRED SERVICES SO
LONG AS LANDLORD USES ALL COMMERCIALLY REASONABLE EFFORTS TO CAUSE THE
APPLICABLE PUBLIC UTILITY TO FURNISH THE SAME.
EXCEPT AS EXPRESSLY PROVIDED IN
SECTION 3.1(F) AND SECTION 6.3, THE FAILURE BY LANDLORD TO FURNISH THE SERVICES
DESCRIBED IN THIS SECTION 3.1 (OR ANY CESSATION THEREOF), IF CAUSED SOLELY BY
REASON OF FORCE MAJEURE EVENTS, SHALL NOT RENDER LANDLORD LIABLE FOR DAMAGES TO
TENANT, BE CONSTRUED AS AN EVICTION OF TENANT, GIVE RISE TO AN ABATEMENT OF
RENT, OR RELIEVE TENANT FROM FULFILLMENT OF ANY COVENANT OR AGREEMENT HEREOF.
(F)
NOTWITHSTANDING THE FOREGOING, IF (I) LANDLORD FAILS TO PROVIDE
ANY OF THE SERVICES LANDLORD IS OBLIGATED TO PROVIDE UNDER THIS LEASE (FOR ANY
REASON OTHER THAN THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT OR ANY
TENANT PARTY), (II) SUCH FAILURE ADVERSELY IMPACTS TENANT'S USE OR ENJOYMENT OF
THE LEASED PREMISES OR ANY PORTION THEREOF (AND TENANT ACTUALLY CEASES TO USE
THE AFFECTED AREA FOR BUSINESS OPERATIONS), AND (III) SUCH FAILURE CONTINUES FOR
MORE THAN THREE (3) CONSECUTIVE DAYS AFTER NOTICE FROM TENANT TO LANDLORD (ANY
SUCH FAILURE, A "SERVICE FAILURE"), THEN ALL RENT DUE UNDER THIS LEASE FOR THE
AFFECTED PORTION OF THE LEASED PREMISES SHALL BE ABATED FOR THE ENTIRE DURATION
OF THE SERVICE FAILURE.
IN ADDITION TO TENANT'S FOREGOING RIGHTS, TENANT SHALL
HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO CURE ANY SERVICES FAILURE IF, AND TO
THE EXTENT, PERMITTED UNDER SECTION 13.1(B) AND, AS PROVIDED THEREIN, TO RECOVER
THE REASONABLE COST THEREOF FROM LANDLORD.
3.2
Separate Charge Parking Areas
(A)
IF THERE ARE ANY SEPARATE CHARGE PARKING AREAS LOCATED UPON THE
PROPERTY AS OF THE COMMENCEMENT DATE, LANDLORD MAY ASSESS A SEPARATE
CHARGE(S) FOR THE USE THEREOF (WHETHER SUCH USE IS BY TENANT, ANY TENANT PARTIES
AND/OR THE CUSTOMERS, INVITEES AND GUESTS OF TENANT OR ANY TENANT PARTIES),
PROVIDED, THAT ANY SUCH SEPARATE CHARGE(S) SHALL BE UNIFORMLY APPLIED TO ALL
USERS OF THE SEPARATE CHARGE PARKING AREAS (INCLUDING OTHER TENANTS AND
OCCUPANTS OF THE PROPERTY, AND THEIR CUSTOMERS, INVITEES AND GUESTS, AS WELL AS
ANY OTHERS PERMITTED TO USE THE SEPARATE CHARGE PARKING AREAS), AND (III) SHALL
NOT EXCEED, IN ANY EVENT, THE SEPARATE CHARGE(S) GENERALLY APPLICABLE WITH
RESPECT TO SIMILAR PARKING AREAS APPURTENANT TO, OR OPERATED BY OWNERS OR
OPERATORS OF, COMPARABLE BUILDINGS.
(B)
EXCEPT FOR THE SEPARATE CHARGE PARKING AREAS (IF ANY), LANDLORD
MAY NOT ASSESS ANY SEPARATE CHARGE FOR USE OF ANY PARKING AREAS (WHETHER TENANT
DEDICATED PARKING AREAS OR NON-DEDICATED PARKING AREAS), OR THE USE OF ANY OTHER
COMMON AREAS.
3.3
Graphics and Building Directory
(A)
ON EACH FLOOR OF THE BUILDING ON WHICH THE LEASED PREMISES ARE
LOCATED, AND AT EACH LOCATION WITHIN THE PROPERTY WHERE TENANT MAINTAINS SUCH
SIGNAGE AS OF THE COMMENCEMENT DATE, TENANT MAY INSTALL AND MAINTAIN SIGNAGE
USING TENANT'S NAME, IDENTITY, LOGOS AND/OR GRAPHICS (AS TENANT MAY CHANGE ITS
NAME, IDENTITY, LOGO AND/OR GRAPHICS FROM