APPARATUS
AND DEVICES, THE HOURS OF USE, OR ANY COMBINATION OF SUCH FACTORS), TENANT SHALL
FIRST PROCURE THE CONSENT OF LANDLORD, WHICH LANDLORD MAY REFUSE, TO THE USE
THEREOF, AND LANDLORD MAY CAUSE A SPECIAL METER TO BE INSTALLED IN THE PREMISES
SO AS TO MEASURE THE AMOUNT OF WATER, ELECTRIC CURRENT OR OTHER RESOURCE
CONSUMED FOR ANY SUCH OTHER USE.
THE COST OF ANY SUCH METERS AND OF
INSTALLATION, MAINTENANCE, AND REPAIR THEREOF SHALL BE PAID FOR BY TENANT, AND
TENANT AGREES TO PAY LANDLORD PROMPTLY UPON DEMAND BY LANDLORD FOR ALL SUCH
WATER, ELECTRIC CURRENT OR OTHER RESOURCE CONSUMED, AS SHOWN BY SAID METERS, AT
THE RATES CHARGED BY THE LOCAL PUBLIC UTILITY FURNISHING THE SAME, PLUS ANY
ADDITIONAL EXPENSE INCURRED IN KEEPING ACCOUNT OF THE WATER, ELECTRIC CURRENT OR
OTHER RESOURCE SO CONSUMED.
LANDLORD ACKNOWLEDGES THAT, EXCEPT FOR TENANT'S
ACCESSING OF THE EXISTING EMERGENCY GENERATOR OF LANDLORD (WHICH ACCESSING
CURRENTLY EXCEEDS THE CAPACITY PERMITTED BY LANDLORD), TENANT'S CURRENT USE OF
UTILITIES TO SERVE THE PREMISES IS NOT IN EXCESS OF THAT USUALLY FURNISHED OR
SUPPLIED FOR USE OF THE PREMISES AS GENERAL OFFICE SPACE.
EXCEPT AS SET FORTH
IN SECTION 42 HEREOF, LANDLORD SHALL NOT BE IN DEFAULT HEREUNDER OR BE LIABLE
FOR ANY DAMAGES DIRECTLY OR
21
INDIRECTLY RESULTING FROM, NOR SHALL THE RENTAL HEREIN RESERVED BE ABATED BY
REASON OF (I) THE INSTALLATION, USE OR INTERRUPTION OF USE OF ANY EQUIPMENT IN
CONNECTION WITH THE FURNISHING OF ANY OF THE FOREGOING UTILITIES AND SERVICES,
(II) FAILURE TO FURNISH OR DELAY IN FURNISHING ANY SUCH UTILITIES OR SERVICES
WHEN SUCH FAILURE OR DELAY IS CAUSED BY ACTS OF GOD OR THE ELEMENTS, LABOR
DISTURBANCES OF ANY CHARACTER, ANY OTHER ACCIDENTS, ACTS OF TERRORISM,
OR OTHER
CONDITIONS BEYOND THE REASONABLE CONTROL OF LANDLORD, OR BY THE MAKING OF
REPAIRS OR IMPROVEMENTS TO THE PREMISES OR TO THE BUILDING, (III) THE
LIMITATION, CURTAILMENT, RATIONING OR RESTRICTION ON USE OF WATER OR
ELECTRICITY, GAS OR ANY OTHER FORM OF ENERGY OR ANY OTHER SERVICE UTILITY
WHATSOEVER SERVING THE PREMISES OR THE BUILDING.
FURTHERMORE, LANDLORD SHALL BE
ENTITLED TO COOPERATE VOLUNTARILY IN A REASONABLE MANNER WITH THE EFFORTS OF
NATIONAL, STATE OR LOCAL GOVERNMENTAL AGENCIES OR UTILITIES SUPPLIERS IN
REDUCING ENERGY OR OTHER RESOURCES CONSUMPTION.
(I)
ANY SUMS PAYABLE UNDER THIS PARAGRAPH 12
SHALL BE CONSIDERED ADDITIONAL RENT AND MAY BE ADDED TO ANY INSTALLMENT OF RENT
THEREAFTER BECOMING DUE, AND LANDLORD SHALL HAVE THE SAME REMEDIES FOR A DEFAULT
IN PAYMENT OF SUCH SUMS AS FOR A DEFAULT IN THE PAYMENT OF RENT.
(J)
TENANT SHALL NOT PROVIDE ANY JANITORIAL
SERVICES WITHOUT LANDLORD'S WRITTEN CONSENT AND THEN ONLY SUBJECT TO SUPERVISION
OF LANDLORD AND BY A JANITORIAL CONTRACTOR OR EMPLOYEES AT ALL TIMES
SATISFACTORY TO LANDLORD.
ANY SUCH SERVICES PROVIDED BY TENANT SHALL BE AT
TENANT'S SOLE RISK AND RESPONSIBILITY.
(K)
LANDLORD AGREES THAT LANDLORD SHALL NOT
GRANT EXCLUSIVE RIGHTS OF ACCESS TO THE BUILDING TO ANY SPECIFIC
TELECOMMUNICATIONS SUPPLIERS WHO SHALL PROVIDE TELECOMMUNICATIONS SERVICES
DIRECTLY TO TENANTS