UNABLE TO AGREE UPON THE ARBITRATOR, THEN THE SAME SHALL BE DESIGNATED BY
THE AMERICAN ARBITRATION ASSOCIATION ("AAA").
THE ARBITRATOR SELECTED BY THE
PARTIES OR DESIGNATED BY THE AAA SHALL NOT HAVE BEEN EMPLOYED BY LANDLORD OR
TENANT DURING THE PREVIOUS FIVE YEAR PERIOD AND SHALL HAVE AT LEAST TEN YEARS
EXPERIENCE IN ANALYZING ACCOUNTING ISSUES CONCERNING OFFICE SPACE IN NEW
JERSEY.
LANDLORD AND TENANT SHALL EACH SUBMIT TO THE ARBITRATOR AND TO THE
OTHER ITS DETERMINATION OF THE RESOLUTION AS TO THE AMOUNT BY WHICH THE DISPUTED
AMOUNT DIFFERS FROM THE ESCALATION STATEMENT, AS SET FORTH ABOVE.
THE
ARBITRATOR SHALL DETERMINE WHICH OF THE TWO DETERMINATIONS (OR ANY AMOUNT IN
BETWEEN) REPRESENTS THE CORRECT RESOLUTION AS TO SUCH DISPUTED AMOUNT.
THE
DETERMINATION OF THE ARBITRATOR SHALL BE BINDING UPON LANDLORD AND TENANT.
TENANT SHALL ENSURE THAT TENANT, ITS EMPLOYEES AND ITS OTHER REPRESENTATIVES
SHALL KEEP THE FINDINGS OF ANY AUDIT AS WELL AS THE ARBITRATOR CONFIDENTIAL.
3.08
TENANT WILL COOPERATE WITH LANDLORD IN ALL REASONABLE RESPECTS IN
OBTAINING AND RETAINING ANY TAX ABATEMENT OR EXEMPTION FOR WHICH THE PROPERTY
MAY BE ELIGIBLE.
TENANT WILL EXECUTE AND FILE WITHIN TEN (10) DAYS AFTER DEMAND
ANY AND ALL DOCUMENTS AND INSTRUMENTS REASONABLY NECESSARY TO OBTAIN AND RETAIN
SUCH ABATEMENT OR EXEMPTION.
ARTICLE 4
ELECTRICITY
4.01
ANY ADDITIONAL RISERS, FEEDERS OR OTHER EQUIPMENT OR SERVICE PROPER
OR NECESSARY TO SUPPLY TENANT'S ELECTRICAL REQUIREMENTS, UPON WRITTEN REQUEST OF
TENANT, WILL BE INSTALLED BY LANDLORD AT THE SOLE BUT REASONABLE COST AND
EXPENSE OF TENANT, IF IN LANDLORD'S SOLE BUT
24
REASONABLE JUDGMENT THE SAME ARE AVAILABLE AND NECESSARY FOR TENANT'S USE AND
WILL NOT CAUSE PERMANENT DAMAGE OR INJURY TO THE PROPERTY OR THE DEMISED
PREMISES OR CAUSE OR CREATE A DANGEROUS OR HAZARDOUS CONDITION OR ENTAIL
EXCESSIVE OR UNREASONABLE ALTERATIONS, REPAIRS OR EXPENSE OR INTERFERE WITH OR
DISTURB OTHER TENANTS OR OCCUPANTS.
SUCH WRITTEN REQUEST SHALL INCLUDE A LOAD
LETTER PREPARED BY TENANT'S ELECTRICAL ENGINEER WHICH SHALL SUBSTANTIATE
TENANT'S REQUEST AND SET FORTH ALL OF TENANT'S PROPOSED ELECTRICAL EQUIPMENT AND
ESTIMATED CONSUMPTION IN THE DEMISED PREMISES, AND WHICH LOAD LETTER SHALL BE
SATISFACTORY TO LANDLORD.
FOR PURPOSES OF THIS SECTION 4.01 TENANT ACKNOWLEDGES
THAT THE FOLLOWING FACTORS SHALL BE TAKEN INTO CONSIDERATION IN DETERMINING
REASONABLENESS:
(I) WHETHER THE INSTALLATION OF SUCH ADDITIONAL ELECTRICAL
EQUIPMENT POTENTIALLY MATERIALLY AND ADVERSELY AFFECTS THE NORMAL OPERATION OF
PORTIONS OF THE ELECTRICAL SYSTEMS OUTSIDE THE DEMISED PREMISES OR AFFECTS THE
OCCUPANCY OF OTHER TENANTS IN THE BUILDING, (II) LANDLORD'S DESIRE (ACTING IN A
MANNER CONSISTENT WITH A PRUDENT AND FORWARD-LOOKING LEASING PROGRAM) TO RESERVE
ELECTRICAL POWER OR EXCESS ELECTRICAL POWER FOR OTHER EXISTING OR PROSPECTIVE
TENANTS IN THE BUILDING, AND (III) WHETHER THE INSTALLATION OF SUCH ADDITIONAL
ELECTRICAL EQUIPMENT REQUIRES A SHUTDOWN OF ELECTRICAL OR OTHER BUILDING SYSTEMS
AND LANDLORD'S RIGHTS TO EFFECT SUCH SHUTDOWN UNDER OTHER LEASES IN THE
BUILDING.
TO THE EXTENT THAT TENANT REQUESTS LANDLORD TO INSTALL THE ADDITIONAL
ELECTRICAL EQUIPMENT REFERRED TO IN THIS SECTION 4.01 TO ENABLE TENANT TO OBTAIN
ELECTRICAL