"24/7" ELECTRIC OPERATIONS,
AND (VII) ELECTRICAL USAGE BY TENANT THAT EXCEEDS TENANT'S PRO RATA SHARE OF THE
ELECTRICAL CAPACITY OF THE BUILDING DESCRIBED IN EXHIBIT B - SCHEDULE I ATTACHED
HERETO; PROVIDED THAT, NO OTHER TENANT OF THE BUILDING SHALL BE PERMITTED TO
EXCEED ITS PRO RATA SHARE OF THE ELECTRICAL CAPACITY OF THE BUILDING WITHOUT
SUBMETERING OR CHECKMETERING, NOR SHALL ANY OTHER TENANT OTHERWISE BE GRANTED
MORE FAVORABLE RIGHTS WITH RESPECT TO PAYING FOR ITS SHARE OF ELECTRICAL
CONSUMPTION, UNLESS TENANT IS AFFORDED COMPARABLE SUCH RIGHTS.
FOLLOWING ANY
SUCH SUBMETERING OR CHECKMETERING, TENANT SHALL TIMELY PAY DIRECTLY TO THE
APPROPRIATE UTILITY ALL CHARGES FOR ELECTRICITY FURNISHED TO THE PREMISES (AND
THE CHARGES FOR SUCH SUBMETERED OR CHECKMETERED ELECTRICITY SHALL NOT BE
INCLUDED IN OPERATING EXPENSES; PROVIDED THAT, IF TENANT'S ENTIRE PREMISES ARE
SUBMETERED OR CHECKMETERED, THEN NEITHER THE CHARGES FOR SUCH SUBMETERED OR
CHECKMETERED ELECTRICITY, NOR THE CHARGES FOR ELECTRICITY FURNISHED TO OTHER
TENANTS' PREMISES, SHALL BE INCLUDED IN OPERATING EXPENSES).
NOTWITHSTANDING
ANYTHING CONTAINED HEREIN TO THE CONTRARY, IF TENANT FAILS TO PAY ANY ELECTRIC
BILL THAT IS PROVIDED DIRECTLY TO TENANT BY THE ELECTRIC UTILITY AS AND WHEN
DUE, SUCH FAILURE SHALL CONSTITUTE A DEFAULT HEREUNDER.
IF ANY SUCH DEFAULT IS
NOT CURED WITHIN TEN (10) BUSINESS DAYS FOLLOWING WRITTEN NOTICE FROM LANDLORD,
THEN LANDLORD SHALL HAVE THE RIGHT, BUT SHALL NOT BE OBLIGATED, TO PAY THE
DELINQUENT AMOUNTS, AND TENANT SHALL REIMBURSE LANDLORD THEREFOR WITHIN FIVE (5)
BUSINESS DAYS AFTER RECEIVING NOTICE OF SUCH PAYMENT BY LANDLORD; PROVIDED THAT,
LANDLORD MAY ACT WITHOUT NOTICE TO TENANT IF DELAY WOULD CAUSE AN INTERRUPTION
OF UTILITY SERVICES, AN EMERGENCY OR SIMILAR SITUATION.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY HEREIN, IF ELECTRIC SERVICE TO THE PREMISES IS MEASURED
BY SUBMETER OR CHECKMETER, THEN TENANT SHALL NOT BE RELIEVED OF ITS OBLIGATION
TO PAY ITS PROPORTIONATE SHARE OF OPERATING EXPENSES ATTRIBUTABLE TO THE
PROVISION OF ELECTRICAL SERVICE TO THE COMMON AREAS OF THE BUILDING PURSUANT TO
THIS ARTICLE IV.
SECURITY DEPOSIT
NOT LATER THAN TEN (10) BUSINESS DAYS FOLLOWING TENANT'S EXECUTION
OF THIS LEASE, TENANT SHALL POST AN AMOUNT EQUAL TO NINE HUNDRED FORTY-EIGHT
THOUSAND NINE HUNDRED SIXTY-SEVEN AND 50/100 DOLLARS ($948,967.50) AS A SECURITY
DEPOSIT (HEREINAFTER REFERRED TO AS THE "SECURITY DEPOSIT" OR "SECURITY
DEPOSIT"), WHICH SUM SHALL BE IN THE FORM OF AN UNCONDITIONAL, IRREVOCABLE
LETTER OF CREDIT MEETING THE REQUIREMENTS OF THIS ARTICLE V AT ALL TIMES (THE
"LETTER OF CREDIT") AND SHALL BE IN ADDITION TO THE AMOUNT PAID BY TENANT TO
LANDLORD PURSUANT TO SECTION 3.1 HEREOF.
ANY CASH THAT LANDLORD MAY HOLD AS A
SECURITY DEPOSIT, INCLUDING THE PROCEEDS IF LANDLORD DRAWS ON THE LETTER OF
CREDIT (AS DEFINED BELOW), WILL BE DEPOSITED INTO AN INTEREST-BEARING ACCOUNT
MAINTAINED BY LANDLORD (WHICH ACCOUNT MAY ALSO CONTAIN THE SECURITY DEPOSITS OF
OTHER TENANTS OR OTHER SUMS).
ANY CASH PORTION OF THE SECURITY DEPOSIT HELD BY
LANDLORD SHALL ACCRUE INTEREST AT A STANDARD PASSBOOK SAVINGS RATE OF INTEREST,
AS REASONABLY DETERMINED BY LANDLORD, AND ANY SUCH INTEREST SHALL BE