EXISTING EQUIPMENT CAUSED BY SUCH EXCESS CONSUMPTION; AND LANDLORD MAY INSTALL
DEVICES TO SEPARATELY METER ANY INCREASED USE AND IN SUCH EVENT TENANT SHALL PAY
THE INCREASED COST DIRECTLY TO LANDLORD, ON DEMAND, AT THE RATES CHARGED BY THE
PUBLIC UTILITY COMPANY FURNISHING THE SAME, INCLUDING THE COST OF SUCH
ADDITIONAL METERING DEVICES (OR AN EQUITABLE PORTION THEREOF, IF SUCH DEVICES
SERVE MORE THAN ONE TENANT).
TENANT'S USE OF ELECTRICITY SHALL NEVER EXCEED THE
CAPACITY OF THE FEEDERS TO THE PROJECT OR THE RISERS OR WIRING INSTALLATION, AND
SUBJECT TO THE TERMS OF SECTION 29.32, BELOW, AND EXCEPT FOR OFFICE CALCULATORS,
DICTATION EQUIPMENT, COPIER MACHINES, PERSONAL COMPUTERS, AND OTHER SIMILAR
OFFICE EQUIPMENT CONSISTENT WITH GENERAL OFFICE USE IN COMPARABLE BUILDINGS,
TENANT SHALL NOT INSTALL OR USE OR PERMIT THE INSTALLATION OR USE OF ANY
COMPUTER OR ELECTRONIC DATA PROCESSING EQUIPMENT IN THE PREMISES, WITHOUT THE
PRIOR WRITTEN CONSENT OF LANDLORD, WHICH CONSENT SHALL NOT BE UNREASONABLY
WITHHELD, CONDITIONED OR DELAYED.
IF TENANT DESIRES TO USE HEAT, VENTILATION OR
AIR CONDITIONING DURING HOURS OTHER THAN THOSE FOR WHICH LANDLORD IS OBLIGATED
TO SUPPLY SUCH UTILITIES PURSUANT TO THE TERMS OF SECTION 6.1 OF THIS LEASE,
TENANT SHALL GIVE LANDLORD SUCH REASONABLE PRIOR NOTICE, IF ANY, AS LANDLORD
SHALL FROM TIME TO TIME ESTABLISH AS APPROPRIATE, OF TENANT'S DESIRED USE IN
ORDER TO SUPPLY SUCH UTILITIES, AND LANDLORD SHALL SUPPLY SUCH UTILITIES TO
TENANT AT AN HOURLY RATE OF FORTY-FIVE DOLLARS ($45.00), WHICH RATE SHALL BE
SUBJECT TO INCREASE BUT ONLY TO THE EXTENT THAT LANDLORD'S "ACTUAL COST"
(DEFINED BELOW) OF PROVIDING SUCH AFTER-HOURS UTILITIES TO TENANT SHALL
INCREASE
(WHICH SHALL BE TREATED AS ADDITIONAL RENT).
FOR PURPOSES OF THIS
LEASE, "ACTUAL COST" SHALL MEAN THE ACTUAL COST INCURRED BY LANDLORD, AS
REASONABLY DETERMINED BY LANDLORD BUT WITHOUT CHARGE FOR DEPRECIATION, PROFIT,
OVERHEAD OR ADMINISTRATION, PROVIDED THAT, NOTWITHSTANDING THE FOREGOING, ANY
AMOUNT ACTUALLY CHARGED BY ANY UNRELATED THIRD PARTY TO LANDLORD FOR THE SUPPLY
OF SUCH UTILITIES SHALL BE DEEMED LANDLORD'S "ACTUAL COST."
6.3
INTERRUPTION OF USE.
TENANT AGREES THAT LANDLORD SHALL NOT BE
LIABLE FOR DAMAGES, BY ABATEMENT OF RENT (OTHER THAN AS EXPRESSLY SET FORTH IN
SECTION 19.6.2 BELOW) OR OTHERWISE, FOR FAILURE TO FURNISH OR DELAY IN
FURNISHING ANY SERVICE (INCLUDING TELEPHONE AND TELECOMMUNICATION SERVICES), OR
FOR ANY DIMINUTION IN THE QUALITY OR QUANTITY THEREOF, WHEN SUCH FAILURE OR
DELAY OR DIMINUTION IS OCCASIONED, IN WHOLE OR IN PART, BY BREAKAGE, REPAIRS,
REPLACEMENTS, OR IMPROVEMENTS, BY ANY STRIKE, LOCKOUT OR OTHER LABOR TROUBLE, BY
INABILITY TO SECURE ELECTRICITY, GAS, WATER, OR OTHER FUEL AT THE BUILDING OR
PROJECT AFTER REASONABLE EFFORT TO DO SO, BY ANY RIOT OR OTHER DANGEROUS
CONDITION, EMERGENCY, ACCIDENT OR CASUALTY WHATSOEVER, BY ACT OR DEFAULT OF
TENANT OR OTHER PARTIES, OR BY ANY OTHER CAUSE OR THE INSTALLATION, USE OR
INTERRUPTION OF USE OF ANY EQUIPMENT IN CONNECTION WITH THE FURNISHING OF ANY OF
THE FOREGOING UTILITIES OR SERVICES, OR THE LIMITATION, CURTAILMENT, RATIONING
OR RESTRICTION BY GOVERNMENTAL AUTHORITY OR UTILITY COMPANY ACTION ON