OF SUCH EXCESS CONSUMPTION PLUS A TEN PERCENT (10%)
SURCHARGE ON SUCH COSTS TO COVER LANDLORD'S ADMINISTRATIVE COSTS, PLUS (B) THE
COST OF THE INSTALLATION, OPERATION, AND MAINTENANCE OF EQUIPMENT WHICH IS
INSTALLED IN ORDER TO SUPPLY SUCH EXCESS CONSUMPTION.
IF TENANT USES HVAC IN
THE DEMISED PREMISES DURING HOURS OTHER THAN THE BUSINESS HOURS, THEN THE HOURLY
8
AFTER-HOURS HVAC CHARGE TO TENANT THEREFOR SHALL BE EQUAL TO THIRTY-FIVE DOLLARS
($35.00) PER FLOOR PER HOUR.
II.
ABATEMENT EVENT.
IN THE EVENT TENANT IS PREVENTED FROM USING,
AND DOES NOT USE, THE DEMISED PREMISES OR ANY PORTION THEREOF, AS A RESULT OF
ANY DISRUPTION, FAILURE, LACK OR SHORTAGE OF ANY SUCH SERVICE OR UTILITY LISTED
HEREIN DUE TO ANY CAUSE WHATSOEVER (AN "ABATEMENT EVENT"), THEN TENANT SHALL
GIVE LANDLORD NOTICE OF SUCH ABATEMENT EVENT, AND IF SUCH ABATEMENT EVENT
CONTINUES UNINTERRUPTED FOR FIVE (5) CONSECUTIVE BUSINESS DAYS AFTER TENANT
GIVES ANY SUCH NOTICE AS PROVIDED IN THIS SECTION 7.02 (THE "ELIGIBILITY
PERIOD"), THEN TENANT SHALL BE ENTITLED TO AN ABATEMENT OF BASE RENT AFTER THE
EXPIRATION OF THE ELIGIBILITY PERIOD FOR SUCH PERIOD THAT TENANT CONTINUES TO BE
SO PREVENTED FROM USING, AND DOES NOT USE, THE DEMISED PREMISES OR A PORTION
THEREOF, IN THE PROPORTION THAT THE RENTABLE AREA OF THE PORTION OF THE DEMISED
PREMISES THAT TENANT IS PREVENTED FROM USING, AND DOES NOT USE, BEARS TO THE
TOTAL RENTABLE AREA OF THE DEMISED PREMISES; PROVIDED, HOWEVER, THAT IF TENANT
IS PREVENTED FROM USING, AND DOES NOT USE, A PORTION OF THE DEMISED PREMISES FOR
A PERIOD OF TIME IN EXCESS OF THE ELIGIBILITY PERIOD AND THE REMAINING PORTION
OF THE DEMISED PREMISES IS NOT SUFFICIENT TO ALLOW TENANT TO EFFECTIVELY CONDUCT
ITS BUSINESS THEREIN, AND IF TENANT DOES NOT CONDUCT ITS BUSINESS FROM SUCH
REMAINING PORTION, THEN FOR SUCH TIME AFTER EXPIRATION OF THE ELIGIBILITY PERIOD
DURING WHICH TENANT IS SO PREVENTED FROM EFFECTIVELY CONDUCTING ITS BUSINESS
THEREIN, THE BASE RENT FOR THE ENTIRE PREMISES SHALL BE ABATED FOR SUCH TIME AS
TENANT CONTINUES TO BE SO PREVENTED FROM USING, AND DOES NOT USE, THE DEMISED
PREMISES.
SUCH RIGHT TO ABATE BASE RENT SHALL BE TENANT'S SOLE AND EXCLUSIVE
REMEDY AT LAW OR IN EQUITY AS A RESULT OF AN ABATEMENT EVENT.
TO THE EXTENT
TENANT IS ENTITLED TO ABATEMENT WITHOUT REGARD TO THE ELIGIBILITY PERIOD BECAUSE
OF AN EVENT DESCRIBED IN ARTICLES 10 OR 11 BELOW, THEN THE ELIGIBILITY PERIOD
SHALL NOT BE APPLICABLE..
III.
INTENTIONALLY DELETED.
IV.
USE OF DEMISED PREMISES.
A.
DURING THE LEASE TERM, TENANT'S USE OF THE DEMISED PREMISES SHALL
BE FOR A CALL CENTER, GENERAL OFFICE AND ADMINISTRATIVE USE OR ANY OTHER LAWFUL
USE CONSISTENT WITH TENANT'S BUSINESS OPERATIONS.
WITHOUT LIMITING THE
PROVISIONS OF THIS SECTION IV, OR SECTIONS 0, OR I, TENANT SHALL NOT USE OR
OCCUPY OR PERMIT THE DEMISED PREMISES TO BE USED OR OCCUPIED, NOR DO OR PERMIT
ANYTHING TO BE DONE IN OR ON THE DEMISED PREMISES, IN WHOLE OR IN PART, IN A
MANNER