CONTRARY CONTAINED
HEREIN, TENANT SHALL BE SOLELY RESPONSIBLE FOR AND SHALL PROMPTLY PAY ALL
CHARGES FOR HVAC OPERATIONS, GAS, ELECTRICITY OR
11
ANY OTHER UTILITY THAT IS SEPARATELY METERED TO THE DEMISED PREMISES AT THE
RATES CHARGED BY SUPPLYING UTILITY COMPANIES AND/OR LANDLORD.
SHOULD LANDLORD
ELECT TO SUPPLY ANY OR ALL OF SUCH UTILITIES, TENANT AGREES TO PURCHASE AND PAY
FOR THE SAME ADDITIONAL RENT AS IS REASONABLY APPORTIONED BY LANDLORD.
THE RATE
TO BE CHARGED BY LANDLORD TO TENANT SHALL NOT EXCEED THE RATE CHARGED TO
LANDLORD BY ANY SUPPLYING UTILITY.
TENANT SHALL, AS ADDITIONAL RENT, REIMBURSE
LANDLORD WITHIN FIFTEEN (15) DAYS OF BILLING FOR ANY UTILITY COSTS SUPPLIED BY
LANDLORD TO THE DEMISED PREMISES WHICH ARE CHARGED TO LANDLORD BY LOCAL UTILITY
COMPANIES.
THIS CHARGE WILL INCREASE OR DECREASE WITH CURRENT CHARGES BEING
LEVIED AGAINST LANDLORD, THE DEMISED PREMISES OR THE BUILDINGS BY THE LOCAL
UTILITY COMPANY, AND WILL BE DUE AS ADDITIONAL RENT.
TENANT SHALL PAY THE COST
OF MAINTENANCE AND REPAIR OF SEPARATE METERS TO THE DEMISED PREMISES.
NOTWITHSTANDING ANYTHING HEREIN, IF TENANT SHARES SUCH SEPARATE METER WITH
ANOTHER TENANT OR OTHER TENANTS OF THE SOUTHERN BUILDING, AND SUCH OTHER
TENANT(S) FAILS TO PAY UTILITY CHARGES SHARED UNDER THE SEPARATE METER WITH
TENANT, LANDLORD SHALL BE RESPONSIBLE FOR THE PAYMENT OF SUCH CHARGES TO AVOID
THE INTERRUPTION OF SUCH UTILITIES.
TENANT SHALL BEAR THE COST OF REPLACEMENT
OF LAMPS, STARTERS AND BALLASTS FOR LIGHTING FIXTURES WITHIN THE DEMISED
PREMISES.
5.1.3
LANDLORD SHALL, AS AN OPERATING EXPENSE, PROVIDE
CITY WATER FROM THE REGULAR BUILDING OUTLETS FOR NORMAL OFFICE DRINKING,
LAVATORY AND TOILET PURPOSES.
5.1.4
LANDLORD SHALL, AS AN OPERATING EXPENSE, PROVIDE
JANITORIAL SERVICE TO THE SOUTHERN BUILDING AND PROJECT COMMON AREAS AND THE
DEMISED PREMISES FIVE (5) DAYS PER WEEK EXCEPT THE DATE OF OBSERVATION OF THE
HOLIDAYS, AND EXTERIOR WINDOW WASHING SERVICES IN A MANNER CONSISTENT WITH OTHER
COMPARABLE PROPERTIES.
Tenant shall cooperate fully with Landlord at all times and abide by all
regulations and requirements that Landlord may reasonably prescribe for the
proper functioning and protection of the HVAC, electrical, mechanical and
plumbing systems (collectively, "Building Systems and Equipment").
As more
particularly provided in Section 9.1 below, Landlord shall maintain the Building
Systems and Equipment (including, but not limited to, the HVAC system) as an
Operating Expense.
5.2
OVERSTANDARD TENANT USE.
TENANT SHALL NOT,
WITHOUT LANDLORD'S PRIOR WRITTEN CONSENT, WHICH SHALL NOT BE UNREASONABLY
WITHHELD OR DELAYED, USE MACHINES OTHER THAN NORMAL OFFICE MACHINES, OR
EQUIPMENT OR LIGHTING OTHER THAN BUILDING STANDARD LIGHTS IN THE DEMISED
PREMISES.
IF TENANT USES HVAC IN THE PORTION OF THE DEMISED PREMISES LOCATED IN
THE SOUTHERN BUILDING DURING HOURS OTHER THAN THOSE FOR WHICH LANDLORD IS
OBLIGATED TO SUPPLY SUCH HVAC UTILITIES PURSUANT TO THE TERMS OF SECTION 5.1.1
OF THIS LEASE, TENANT SHALL PAY TO LANDLORD LANDLORD'S ACTUAL HOURLY COST TO
PROVIDE THE SAME, AS REASONABLY DETERMINED BY LANDLORD (WHICH SHALL INCLUDE
OVERHEAD AND ACCOUNTING COSTS).
AMOUNTS PAYABLE BY TENANT TO LANDLORD FOR SUCH
USE OF ADDITIONAL