OF LANDLORD'S RIGHT TO REQUIRE PAYMENT OF
TENANT'S OBLIGATIONS FOR ACTUAL OR ESTIMATED TAXES OR EXPENSES, PROVIDED THAT
THE ORIGINAL STATEMENT OF TAXES AND EXPENSES FOR ANY CALENDAR YEAR SHALL BE
DELIVERED TO TENANT WITHIN ONE (1) YEAR AFTER THE END OF SUCH CALENDAR YEAR.
IN
NO EVENT SHALL A DECREASE IN TAXES OR EXPENSES EVER DECREASE THE MONTHLY BASE
RENT OR GIVE RISE TO A CREDIT AGAINST BASE RENT IN FAVOR OF TENANT.
LANDLORD
MAY APPLY PAYMENTS RECEIVED FROM
5
TENANT TO ANY OBLIGATIONS OF TENANT THEN ACCRUED, WITHOUT REGARD TO SUCH
OBLIGATIONS AS MAY BE DESIGNATED BY TENANT.
ARTICLE 5:
QUIET ENJOYMENT
Landlord agrees that if Tenant timely pays the Rent and performs the terms and
provisions hereunder, Tenant shall hold the Premises during the Term, free of
lawful claims by any party acting by or through Landlord, subject to all other
terms and provisions of this Lease.
ARTICLE 6:
UTILITIES AND SERVICES
A.
STANDARD LANDLORD UTILITIES AND SERVICES.
LANDLORD SHALL PROVIDE
THE FOLLOWING UTILITIES AND SERVICES (THE COST OF WHICH SHALL BE INCLUDED IN
EXPENSES, EXCEPT AS PROVIDED BELOW):
(I)
HEAT AND AIR-CONDITIONING TO PROVIDE A TEMPERATURE CONDITION
CONSISTENT WITH THE SPECIFICATIONS SET FORTH ON EXHIBIT B ATTACHED HERETO FROM
8:00 A.M. UNTIL 6:00 P.M. MONDAY THROUGH FRIDAY, AND FROM 8:00 A.M. UNTIL 1:00
P.M. ON SATURDAYS, EXCLUDING ALL HOLIDAYS.
(II)
WATER FROM CITY MAINS FOR DRINKING, LAVATORY AND TOILET PURPOSES
ONLY, AT THOSE POINTS OF SUPPLY PROVIDED FOR NONEXCLUSIVE GENERAL USE OF TENANTS
AT THE PROPERTY, OR POINTS OF SUPPLY IN THE PREMISES INSTALLED BY OR WITH
LANDLORD'S WRITTEN CONSENT FOR SUCH PURPOSES.
(III)
CLEANING AND TRASH REMOVAL SERVICE IN AND ABOUT THE PREMISES
CONSISTENT WITH THE SPECIFICATIONS SET FORTH ON EXHIBIT C ATTACHED HERETO.
(IV)
PASSENGER ELEVATOR SERVICE AT ALL TIMES (SUBJECT TO CHANGES IN THE
NUMBER OF ELEVATORS IN SERVICE AFTER HOURS OR AT OTHER TIMES), AND FREIGHT
ELEVATOR SERVICE (SUBJECT TO SCHEDULING BY LANDLORD AND SUCH STANDARD CHARGES AS
LANDLORD MAY IMPOSE), IN COMMON WITH LANDLORD AND OTHER PARTIES.
ELEVATOR
SERVICE MAY BE AUTOMATIC.
B.
ELECTRICITY.
LANDLORD SHALL NOT FURNISH ELECTRICITY, BUT SHALL
PERMIT TENANT TO MAKE DIRECT ARRANGEMENTS TO OBTAIN ELECTRICITY FROM
COMMONWEALTH EDISON COMPANY OR ANOTHER UTILITY APPROVED BY LANDLORD, AND SHALL
PERMIT LANDLORD'S ELECTRIC CABLES, CIRCUITS, RISER LINES, FEEDERS AND RELATED
SYSTEMS AND EQUIPMENT TO BE USED FOR SUCH PURPOSE, BUT ONLY TO THE EXTENT THAT:
(I) ALL SUCH SYSTEMS AND EQUIPMENT ARE SUITABLE, AND THE SAFE AND LAWFUL
CAPACITY THEREOF IS NOT EXCEEDED, (II) SUFFICIENT CAPACITY REMAINS AT ALL TIMES
FOR OTHER EXISTING AND FUTURE TENANTS, AS DETERMINED IN LANDLORD'S REASONABLE
DISCRETION, AND (III) TENANT USES ONLY NORMAL QUANTITIES AND TYPES OF OFFICE
EQUIPMENT AND LIGHTING IN THE PREMISES TYPICAL OF AVERAGE OFFICE USE.
TENANT
SHALL MAKE ALL ARRANGEMENTS FOR DIRECT PAYMENT FOR SUCH ELECTRICITY WITH SUCH
UTILITY.
TENANT SHALL PAY FOR ALL ELECTRICITY CONSUMED IN THE PREMISES WHEN DUE
(INCLUDING ELECTRICITY DURING JANITORIAL OR OTHER SERVICE, DURING ANY
ALTERATIONS OR REPAIRS, AND FOR ANY SPECIAL HVAC AND