MASSACHUSETTS AS OTHERWISE PROVIDED HEREIN (BUT IF EXTRA
PREMIUM RESULTS THEREFROM, THE OTHER PARTY SHALL REIMBURSE THE INSURING PARTY
THEREFOR, ON DEMAND).
EACH PARTY SHALL BE ENTITLED TO HAVE DUPLICATES OR
CERTIFICATES OF ANY POLICIES CONTAINING SUCH PROVISIONS.
EACH PARTY HEREBY
WAIVES ALL RIGHTS OF RECOVERY AGAINST THE OTHER FOR LOSS OR INJURY AGAINST WHICH
THE WAIVING PARTY IS PROTECTED BY INSURANCE CONTAINING SAID PROVISIONS,
RESERVING, HOWEVER, ANY RIGHTS WITH RESPECT TO ANY EXCESS OF LOSS OR INJURY OVER
THE AMOUNT RECOVERED BY SUCH INSURANCE.
Section 3.6
Utilities and Other Services.
3.6.1
TENANT SHALL PAY OR CAUSE TO BE PAID DIRECTLY TO
THE PROPER AUTHORITIES CHARGED WITH THE COLLECTION THEREOF ALL CHARGES FOR ANY
UTILITIES OR SERVICES SEPARATELY METERED TO TENANT USED OR CONSUMED ON THE
PREMISES.
FOR THOSE UTILITIES NOT SEPARATELY METERED TO TENANT, TO THE EXTENT
FEASIBLE, LANDLORD WILL UNDERTAKE TO DETERMINE TENANT'S UTILITY CHARGE FOR THE
COST TO SERVE THE PREMISES BASED ON THE COMPARATIVE USAGE OF SUCH UTILITY (SUCH
AS UNDERTAKING A REASONABLE SURVEY OF ELECTRICITY USAGE), AND SHALL CHARGE
TENANT A "UTILITY CHARGE" FOR SUCH SERVICE, WHICH SUCH CHARGE SHALL SPECIFICALLY
NOT BE INCLUDED IN THE OPERATING EXPENSES.
NOTWITHSTANDING ANYTHING CONTAINED
IN THIS LEASE TO THE CONTRARY, IF (I) AN INTERRUPTION OR CURTAILMENT, SUSPENSION
OR STOPPAGE OF AN ESSENTIAL SERVICE (AS SAID TERM IS HEREINAFTER DEFINED) SHALL
OCCUR, EXCEPT ANY OF THE SAME DUE TO ANY ACT OR NEGLECT OF TENANT OR TENANT'S
AGENTS EMPLOYEES, CONTRACTORS OR INVITEES OR ANY PERSON CLAIMING BY, THROUGH OR
UNDER TENANT OR DUE TO ANY CASUALTY AS PROVIDED FOR IN ARTICLE 5 (ANY SUCH
INTERRUPTION OF AN ESSENTIAL SERVICE BEING HEREINAFTER REFERRED TO AS A "SERVICE
INTERRUPTION"), AND (II) SUCH SERVICE INTERRUPTION OCCURS OR CONTINUES AS A
RESULT OF THE NEGLIGENCE OR A WRONGFUL CONDUCT OF LANDLORD OR LANDLORD'S AGENTS,
SERVANTS, EMPLOYEES OR CONTRACTORS, AND (III) SUCH SERVICE INTERRUPTION
CONTINUES FOR MORE THAN FIVE (5) CONSECUTIVE BUSINESS DAYS AFTER LANDLORD SHALL
HAVE RECEIVED NOTICE THEREOF FROM TENANT, AND (IV) AS A RESULT OF SUCH SERVICE
INTERRUPTION, THE CONDUCT OF TENANT'S NORMAL OPERATIONS IN THE PREMISES IS
MATERIALLY AND ADVERSELY AFFECTED, THEN THERE SHALL BE AN ABATEMENT OF ONE DAY'S
BASE RENT AND ADDITIONAL RENT FOR EACH DAY DURING WHICH SUCH SERVICE
INTERRUPTION CONTINUES AFTER SUCH FIVE (5) CONSECUTIVE BUSINESS DAY PERIOD;
PROVIDED, HOWEVER, THAT IF ANY PART OF THE PREMISES IS REASONABLY USEABLE FOR
TENANT'S NORMAL BUSINESS OPERATIONS OR IF TENANT CONDUCTS ALL OR ANY PART OF ITS
OPERATIONS IN ANY PORTION OF THE PREMISES NOTWITHSTANDING SUCH SERVICE
INTERRUPTION, THEN THE AMOUNT OF EACH DAILY ABATEMENT OF BASE RENT AND
ADDITIONAL RENT SHALL ONLY BE PROPORTIONATE TO THE NATURE AND EXTENT OF THE
INTERRUPTION OF TENANT'S NORMAL
13
OPERATIONS OR ABILITY TO USE THE PREMISES.
FOR PURPOSES HEREOF, THE TERM
"ESSENTIAL SERVICES" SHALL MEAN THE FOLLOWING SERVICES: ACCESS TO THE PREMISES,
WATER AND SEWER/SEPTIC SERVICE, AIR CIRCULATION TO THE CHEMICAL HOODS, HVAC
SERVICE (TO THE EXTENT CONTROLLED BY LANDLORD), ELECTRICITY AND NATURAL GAS.
3.6.2
LANDLORD SHALL PROVIDE WATER