THE OUTSIDE IN VIOLATION OF
SECTION 202 OF THE LABOR LAW, OR ANY OTHER APPLICABLE LAW.
(IV)
IN THE EVENT THAT TENANT DESIRES ADDITIONAL SERVICES FROM
LANDLORD'S CLEANING CONTRACTOR, SUCH SERVICES, TO THE EXTENT THE SAME CAN BE
PROVIDED, WILL BE CHARGED TO TENANT AT COMMERCIALLY COMPETITIVE RATES.
TENANT
SHALL ALSO HAVE THE RIGHT TO HIRE PERSONNEL OR TO CAUSE ITS OWN EMPLOYEES TO
PERFORM CLEANING IN ADDITION TO THE CLEANING PROVIDED BY LANDLORD, SUBJECT TO
COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LEASE, INCLUDING, WITHOUT
LIMITATION, SECTION 11.06 HEREOF.
15.03
IF TENANT SHALL REQUIRE HEAT OR AIR-CONDITIONING SERVICES AT ANY
TIME OTHER THAN AS SET FORTH IN SECTION 15.02(A), LANDLORD SHALL FURNISH SUCH
SERVICE FOR SUCH TIMES UPON NO LESS THAN ONE (1) BUSINESS DAY'S ADVANCE NOTICE
FROM TENANT FOR PERIODS AFTER 6:00 P.M. AND FOR ALL OTHER PERIODS, AND TENANT
SHALL PAY TO LANDLORD UPON DEMAND AS ADDITIONAL CHARGES HEREUNDER LANDLORD'S
THEN ESTABLISHED CHARGES THEREFOR.
LANDLORD'S CURRENT CHARGES FOR OVERTIME
AIR-CONDITIONING ARE $950.00 PER HOUR, LANDLORD'S CURRENT CHARGES FOR OVERTIME
HEATING ARE $850.00 PER HOUR AND LANDLORD'S CURRENT CHARGES FOR OVERTIME
VENTILATION ARE $500.00 PER HOUR.
SUCH OVERTIME CHARGES ARE SUBJECT TO INCREASE
FROM TIME TO TIME BASED ON INCREASES IN LANDLORD'S ACTUAL COSTS THEREFOR.
15.04
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ABOVE, LANDLORD SHALL NOT BE
REQUIRED TO PROVIDE ANY SERVICES TO THE PREMISES.
48
15.05
SUBJECT TO THE PROVISIONS OF SECTION 35.04(B) AND
ARTICLES 19 AND 20 HEREOF, LANDLORD RESERVES THE RIGHT, WITHOUT LIABILITY TO
TENANT AND WITHOUT IT BEING DEEMED A CONSTRUCTIVE EVICTION, TO STOP OR INTERRUPT
ANY HEATING, ELEVATOR, ESCALATOR, LIGHTING, VENTILATING, AIR-CONDITIONING,
STEAM, POWER, ELECTRICITY, WATER, CLEANING OR OTHER SERVICE AND TO STOP OR
INTERRUPT THE USE OF ANY BUILDING FACILITIES AND SYSTEMS AT SUCH TIMES AS MAY BE
NECESSARY AND FOR AS LONG AS MAY REASONABLY BE REQUIRED BY REASON OF ACCIDENTS,
STRIKES, OR THE MAKING OF REPAIRS, ALTERATIONS OR IMPROVEMENTS,
OR INABILITY TO
SECURE A PROPER SUPPLY OF FUEL, GAS, STEAM, WATER, ELECTRICITY, LABOR OR
SUPPLIES, OR BY REASON OF ANY OTHER SIMILAR OR DISSIMILAR CAUSE BEYOND THE
REASONABLE CONTROL OF LANDLORD.
SUBJECT TO THE PROVISIONS OF
SECTION 35.04(B) AND ARTICLE 19 AND ARTICLE 20 HEREOF, NO SUCH STOPPAGE OR
INTERRUPTION SHALL RESULT IN ANY LIABILITY FROM LANDLORD TO TENANT OR ENTITLE
TENANT TO ANY DIMINUTION OR ABATEMENT OF RENT OR OTHER COMPENSATION NOR SHALL
THIS LEASE OR ANY OF THE OBLIGATIONS OF TENANT BE AFFECTED OR REDUCED BY REASON
OF ANY SUCH STOPPAGE OR INTERRUPTION.
EXCEPT IN EMERGENCY CIRCUMSTANCES,
LANDLORD SHALL GIVE TENANT REASONABLE PRIOR NOTICE (WHICH NOTICE NEED NOT BE IN
WRITING) OF ITS INTENTION TO MAKE ANY REPAIRS, ALTERATIONS OR IMPROVEMENTS
REFERRED TO IN THIS SECTION 15.05 OR ANY OTHER STOPPAGES OF SERVICES OF WHICH
LANDLORD HAS PRIOR NOTICE AND SHALL USE REASONABLE EFFORTS IN MAKING SUCH
REPAIRS, ALTERATIONS OR IMPROVEMENTS AND IN DEALING WITH SUCH OTHER STOPPAGES OF
SERVICE SO AS TO MINIMIZE INTERFERENCE WITH TENANT'S BUSINESS OPERATIONS,
PROVIDED THAT LANDLORD SHALL NOT BE REQUIRED TO