LESS THAN THE
COMPONENT OF TAX EXPENSES COMPRISING A PORTION OF THE BASE YEAR.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS
SECTION 4.2.5, THERE SHALL BE EXCLUDED FROM TAX EXPENSES:
(I) ALL EXCESS
PROFITS TAXES, FRANCHISE TAXES, GIFT TAXES, CAPITAL STOCK TAXES, INHERITANCE AND
SUCCESSION TAXES, ESTATE TAXES, FEDERAL AND STATE INCOME TAXES, AND OTHER TAXES
TO THE EXTENT APPLICABLE TO LANDLORD'S GENERAL OR NET INCOME (AS OPPOSED TO
RENTS, RECEIPTS OR INCOME ATTRIBUTABLE TO OPERATIONS AT THE BUILDING COMPLEX);
AND (II) ANY ITEMS PAID BY TENANT UNDER SECTION 4.4 OF THIS LEASE.
4.2.6
"UTILITIES COSTS" SHALL MEAN THE COST OF ALL UTILITIES SUPPLIED FOR THE
BUILDING COMPLEX (INCLUDING, WITHOUT LIMITATION, WATER, SEWER, ELECTRICITY,
TELEPHONE AND HVAC), OTHER THAN THOSE UTILITIES WHICH ARE PAID DIRECTLY BY
TENANT AND OTHER TENANTS OF THE BUILDING COMPLEX FOR EXCESS CONSUMPTION AND
AFTER-HOURS HVAC PURSUANT TO SECTION 6.2 OF THIS LEASE OR SIMILAR PROVISIONS IN
OTHER TENANTS' LEASES.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND IN
ADDITION TO TENANT'S OBLIGATIONS TO PAY ITEMS OF ADDITIONAL RENT AS DESCRIBED IN
THIS LEASE, THROUGHOUT TENANT'S OCCUPANCY OF THE PREMISES, WHETHER PRIOR TO,
DURING OR AFTER THE LEASE TERM, TENANT SHALL PAY DIRECTLY FOR ALL UTILITIES AND
SERVICES SUPPLIED TO THE PREMISES, INCLUDING BUT NOT LIMITED TO ELECTRICITY,
TELEPHONE, WATER AND/OR GAS, TOGETHER WITH ANY TAXES THEREON ("TENANT'S
UTILITIES").
IF ANY OF TENANT'S UTILITIES ARE NOT SEPARATELY METERED OR BILLED
TO THE PREMISES, TENANT SHALL PAY TO LANDLORD, AS ADDITIONAL RENT, A REASONABLE
PROPORTION TO BE DETERMINED BY LANDLORD OF ALL SUCH CHARGES JOINTLY METERED OR
BILLED WITH OTHER PREMISES IN THE BUILDING, IN THE MANNER AND WITHIN THE TIME
PERIODS SET FORTH ABOVE FOR ADDITIONAL RENT.
THE RESPONSIBILITY FOR PROVIDING
AND THE COST OF ANY SUCH TENANT'S UTILITIES DELIVERED TO OR CONSUMED ON THE
PREMISES (EXCEPT FOR STANDARD AIR CONDITIONING AND HEATING) SHALL BE CONTROLLED
BY THE TERMS AND CONDITIONS OF THIS ARTICLE 4.
TENANT AGREES TO PROVIDE ALL,
AND LANDLORD SHALL NOT PROVIDE ANY, OF SUCH UTILITIES TO THE PREMISES.
TO THE EXTENT POSSIBLE AT THE PREMISES, TENANT, AT ITS SOLE EXPENSE,
SHALL MAINTAIN SEPARATE METERS FOR TENANT'S USE OF TENANT'S UTILITIES.
TENANT
SHALL CONTRACT DIRECTLY WITH THE APPROPRIATE UTILITY COMPANIES AND/OR PUBLIC
ENTITIES FOR THE PROVISION OF SUCH UTILITIES, AND SHALL PAY DIRECTLY SUCH
COMPANIES' CHARGES AND ANY GOVERNMENTAL FEES, TAXES OR OTHER CHARGES PAYABLE IN
CONNECTION WITH SUCH UTILITY SERVICE.
TENANT AGREES THAT THE HEATING, VENTILATION AND AIR CONDITIONING
SYSTEMS WITHIN THE PREMISES ARE ADEQUATE FOR TENANT'S USE.
TENANT SHALL USE ITS
BEST EFFORTS TO CONSERVE ENERGY IN THE OPERATION OF ITS HEATING, VENTILATION AND
AIR CONDITIONING SYSTEMS, AND SHALL COOPERATE WITH LANDLORD IN ANY ENERGY
CONSERVATION PROGRAMS.
TENANT AGREES THAT THE LIGHTING SYSTEMS WITHIN THE PREMISES ARE
ADEQUATE FOR TENANT'S USE.
TENANT SHALL USE COMMERCIALLY REASONABLE EFFORTS TO
CONSERVE ENERGY IN THE OPERATION OF ITS LIGHTING SYSTEMS, AND SHALL COOPERATE
WITH LANDLORD IN ANY ENERGY CONSERVATION PROGRAMS.
IF TENANT FAILS TO PROVIDE ANY OF THE UTILITY