INCREASED BY THE REQUESTED
INCREASE, OR (II) IF, AT THE TIME OF SUCH REQUEST, THE BUILDING'S CW SYSTEM DOES
NOT HAVE SUFFICIENT AVAILABLE CAPACITY TO PERMIT THE REQUESTED INCREASE, THEN
LANDLORD SHALL SO NOTIFY TENANT, WHICH NOTICE SHALL INDICATE WHETHER OR NOT THE
BUILDING'S CW SYSTEM IS SUSCEPTIBLE OF AN UPGRADE WHICH WOULD CREATE SUFFICIENT
AVAILABLE CAPACITY TO PERMIT THE REQUESTED INCREASE. IN ANY CASE THAT LANDLORD'S
NOTICE TO TENANT SHALL INDICATE THAT THE BUILDING'S CW SYSTEM IS SUSCEPTIBLE OF
AN UPGRADE, TENANT SHALL HAVE TO AUTHORIZE SUCH AN UPGRADE BE EFFECTED, IN WHICH
EVENT LANDLORD, AT TENANT'S SOLE COST AND EXPENSE, SHALL CAUSE SUCH UPGRADE TO
BE EFFECTED WITH REASONABLE DISPATCH, WHEREUPON TENANT'S ALLOTTED CW CAPACITY
SHALL BE AUTOMATICALLY INCREASED BY SUCH REQUESTED INCREASE.
(C)
(1)
IF AND TO THE EXTENT REQUESTED BY TENANT FROM TIME
TO TIME AND TO THE EXTENT THE SAME ARE REASONABLY AVAILABLE, LANDLORD SHALL
PROVIDE TENANT WITH SERVICES IN EXCESS OF BUILDING STANDARD SERVICES AS
DESCRIBED IN SECTION 3.1(A) AND SECTION 3.1(B)(3) HEREOF ("ABOVE STANDARD
SERVICES"). ALL OF THE COSTS INCURRED BY LANDLORD IN CONNECTION WITH PROVIDING
ANY SPECIAL TENANT SERVICES SHALL BE PAID BY TENANT AS ABOVE STANDARD SERVICES
RENT, INCLUDING COSTS THAT WOULD NOT HAVE BEEN INCURRED BUT FOR TENANT'S REQUEST
FOR ABOVE STANDARD SERVICES. LANDLORD'S CHARGES FOR ABOVE STANDARD SERVICES MAY
BE ESTABLISHED AND REVISED FROM TIME TO TIME BY LANDLORD; PROVIDED THAT AT NO
TIME SHALL LANDLORD'S CHARGES FOR ABOVE STANDARD SERVICES EXCEED LANDLORD'S
ACTUAL OUT-OF-POCKET COSTS, NOR SHALL LANDLORD (I) INCLUDE ANY OVERHEAD OR
PROFIT IN THE CALCULATION OF ABOVE STANDARD SERVICES COSTS OR (II) CHARGE TENANT
AT A HIGHER RATE FOR ABOVE STANDARD SERVICES THAN LANDLORD CHARGES ANY OTHER
TENANT OF A BUILDING FOR COMPARABLE SERVICES.
(2)
NOTWITHSTANDING THE PROVISIONS OF SECTION 8.1(C)(1) ABOVE, OR
ANYTHING ELSE TO THE CONTRARY CONTAINED IN THIS LEASE, LANDLORD SHALL BE
REQUIRED TO FURNISH THE FOLLOWING ABOVE STANDARD SERVICES (HEREIN CALLED THE
"REQUIRED ABOVE STANDARD SERVICES"), UPON THE FOLLOWING TERMS AND CONDITIONS:
(A)
IF TENANT SHALL REQUEST THAT BUILDING SYSTEM HVAC SERVICE BE
FURNISHED TO THE LEASED PREMISES DURING TIMES OTHER THAN DURING BUILDING
OPERATING HOURS (SUCH SERVICE, DURING SUCH TIMES, BEING HEREIN CALLED "OT
BUILDING SYSTEM HVAC SERVICE"), THEN
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LANDLORD SHALL FURNISH OT BUILDING SYSTEM HVAC SERVICE TO LEASED PREMISES DURING
SUCH TIME OR TIMES, CONSISTENT WITH SUCH REQUEST AND THE FOREGOING
SPECIFICATIONS. TENANT SHALL REQUEST OT BUILDING SYSTEM HVAC SERVICE NO LATER
THAN 3:00 P.M. ON THE BUSINESS DAY FOR WHICH THE SAME IS REQUESTED, OR NO LATER
THAN 3:00 P.M. ON THE LAST PRECEDING BUSINESS DAY, IN ANY CASE WHERE OT BUILDING
SYSTEM HVAC SERVICE IS REQUESTED FOR ANY DAY THAT IS NOT A BUSINESS DAY. TENANT,
IN RESPECT OF OT BUILDING SYSTEM HVAC SERVICE REQUESTED AND FURNISHED, SHALL PAY
TO LANDLORD AN HOURLY CHARGE THEREFOR, AS ABOVE STANDARD SERVICES RENT, FOR EACH
HOUR THAT OT BUILDING SYSTEM HVAC SERVICE WAS REQUESTED AND FURNISHED, WHICH
HOURLY CHARGE, DURING ANY CALENDAR YEAR, SHALL BE AT THE RATE(S) THEREFOR