USE OF
WATER, ELECTRICITY, GAS OR ANY OTHER FORM OF ENERGY OR ANY OTHER SERVICE OR
UTILITY WHATSOEVER SERVING THE PREMISES, THE BUILDING OR THE PROJECT; AND SUCH
FAILURES OR DELAYS OR DIMINUTION SHALL NEVER BE DEEMED TO CONSTITUTE AN EVICTION
OR DISTURBANCE OF TENANT'S USE AND POSSESSION OF THE PREMISES OR RELIEVE TENANT
FROM PAYING RENT (OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 19.6.2 BELOW) OR
PERFORMING ANY OF ITS OBLIGATIONS UNDER THIS LEASE.
FURTHERMORE, LANDLORD SHALL
NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR A LOSS OF, OR INJURY TO, PROPERTY OR
FOR INJURY TO, OR INTERFERENCE WITH, TENANT'S BUSINESS, INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFITS, HOWEVER OCCURRING, THROUGH OR IN CONNECTION WITH OR
INCIDENTAL TO A FAILURE TO FURNISH ANY OF THE SERVICES OR UTILITIES AS SET FORTH
IN THIS ARTICLE 6.
LANDLORD MAY COMPLY WITH VOLUNTARY CONTROLS OR GUIDELINES
PROMULGATED BY ANY GOVERNMENTAL ENTITY RELATING TO THE USE OR CONSERVATION OF
ENERGY, WATER, GAS, LIGHT OR ELECTRICITY OR THE REDUCTION OF AUTOMOBILE OR OTHER
EMISSIONS WITHOUT CREATING ANY LIABILITY OF LANDLORD TO TENANT UNDER THIS LEASE,
PROVIDED THAT THE PREMISES ARE NOT THEREBY RENDERED UNTENANTABLE.
18
6.4
METERED UTILITIES.
NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS
LEASE, TENANT AGREES TO BEAR NO LESS THAN THAT PORTION OF THE COST OF THE
SERVICES PROVIDED BY LANDLORD DESCRIBED IN THIS ARTICLE 6, WHICH CLEARLY
REFLECTS THE USE BY TENANT UPON OR WITH RESPECT TO THE PREMISES AND THE SERVICES
PROVIDED BY LANDLORD WITH RESPECT THERETO, SUCH AS COMPUTER UTILITY COSTS AND
UNUSUAL ELECTRICITY, AIR CONDITIONING, HEAT OR WATER REQUIREMENTS; AND LANDLORD
MAY, IN ITS REASONABLE DISCRETION, INCREASE OR DECREASE, FROM TIME TO TIME
DURING THE TERM OF THIS LEASE, THE PORTION OF SUCH COSTS OF SUCH SERVICES TO BE
PAID BY TENANT SO THAT SUCH PORTION ACCURATELY REFLECTS TENANT'S USE THEREOF IN
EXCESS OF THE BUILDING STANDARDS REASONABLY ESTABLISHED BY LANDLORD FROM TIME TO
TIME FOR NORMAL OFFICE USE AND THEREAFTER DISCLOSED IN WRITING TO TENANT;
PROVIDED, HOWEVER, TENANT'S USE OF ELECTRICITY SHALL NOT BE DEEMED IN EXCESS OF
THE BUILDING STANDARDS IF SUCH USE DOES NOT EXCEED THE STANDARDS SET FORTH IN
SECTION 6.1.2, ABOVE.
LANDLORD MAY, IN ITS REASONABLE DISCRETION, INSTALL
SEPARATE METERS OR SUBMETERS TO MEASURE, OR LANDLORD'S ENGINEERING DEPARTMENT
MAY ESTIMATE USING INDUSTRY STANDARDS, THE CONSUMPTION BY TENANT OF UTILITY
RESOURCES IN EXCESS OF THE BUILDING STANDARDS REASONABLY ESTABLISHED BY LANDLORD
FROM TIME TO TIME FOR NORMAL OFFICE USE.
THE COST OF ANY SUCH METERS (OR AN
EQUITABLE PORTION THEREOF IF ANY SUCH METERS SERVE MORE THAN ONE TENANT) AND OF
THE INSTALLATION, MAINTENANCE, AND REPAIR THEREOF SHALL BE PAID FOR BY TENANT,
AND TENANT AGREES TO PAY LANDLORD AS ADDITIONAL RENT FOR ALL SUCH WATER,
ELECTRIC CURRENT OR OTHER RESOURCE CONSUMED, AS SHOWN BY SAID METERS, OR AS
LANDLORD'S ENGINEERING DEPARTMENT MAY ESTIMATE USING INDUSTRY STANDARDS, 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