COMPRISE ALL OR
PART OF THE BASE TAX) OR IN CONNECTION WITH ANY CHALLENGE TO THE ASSESSED
VALUATION OF ALL OR PART OF THE BUILDING OR THE PARCEL OF LAND ON WHICH THE
BUILDING IS CONSTRUCTED (THE "LAND") OR OTHERWISE IN CONNECTION WITH ANY
ENDEAVOR TO LOWER THE TAXES FOR ANY TAX YEAR (OTHER THAN ANY SUCH YEAR FOR WHICH
SUCH TAXES COMPRISE ALL OR PART OF THE BASE TAX) THEN, WITHIN
8
twenty (20) days after request by Landlord, Tenant shall pay to Landlord
Tenant's Tax Proportionate Share of the aggregate amounts of such costs and
expenses so paid or incurred by Landlord.
ARTICLE 4
ELECTRICITY
4.01
LANDLORD AGREES THAT PRIOR TO THE COMMENCEMENT
DATE RISERS, FEEDERS AND WIRING WILL BE INSTALLED IN THE BUILDING BY LANDLORD,
AND DURING THE TERM LANDLORD SHALL FURNISH ELECTRICAL SERVICE TO THE DEMISED
PREMISES EXCEPT AS PROVIDED BELOW. AFTER THE COMMENCEMENT DATE ANY ADDITIONAL
RISERS, FEEDERS OR OTHER EQUIPMENT OR SERVICE PROPER OR NECESSARY TO SUPPLY
TENANT'S ELECTRICAL REQUIREMENTS, UPON WRITTEN REQUEST OF TENANT, WILL BE
INSTALLED BY LANDLORD AT THE SOLE COST AND EXPENSE OF TENANT, IF IN LANDLORD'S
SOLE JUDGMENT THE SAME ARE NECESSARY AND WILL NOT CAUSE PERMANENT DAMAGE OR
INJURY TO THE BUILDING OR THE DEMISED PREMISES OR CAUSE OR CREATE A DANGEROUS OR
HAZARDOUS CONDITION OR ENTAIL EXCESSIVE OR UNREASONABLE ALTERATIONS, REPAIRS OR
EXPENSE OR INTERFERE WITH OR DISTURB OTHER TENANTS OR OCCUPANTS.
4.02
INTENTIONALLY OMITTED.
4.03
TENANT SHALL PAY AS ITS ELECTRICITY CHARGE
HEREUNDER (EXCLUSIVE OF HVAC ELECTRICITY (AS HEREINAFTER DEFINED) THE SUM OF
$3.25 PER SQUARE FOOT PER ANNUM MULTIPLIED BY THE RENTABLE SQUARE FOOTAGE OF THE
DEMISED PREMISES (THE "BASE CHARGE") WHICH SHALL BE PAYABLE IN EQUAL MONTHLY
INSTALLMENTS TOGETHER WITH THE TENANT'S PAYMENTS OF FIXED ANNUAL RENT HEREUNDER
ON THE FIRST DAY OF EACH CALENDAR MONTH. IN THE EVENT LANDLORD'S CONSULTANT IN
GOOD FAITH AND BASED ON SOUND ENGINEERING PRINCIPLES SHALL DETERMINE THAT
TENANT'S ELECTRICITY CHARGE SHOULD EXCEED THE BASE CHARGE, TENANT'S BASE CHARGE
SHALL BE ADJUSTED RETROACTIVELY AT SUCH TIME AS LANDLORD'S ELECTRICAL
CONSULTANT'S DETERMINATION IS MADE. ANY DEFICIENCY FOR SUCH PRIOR PERIOD SHALL
BE PAYABLE UPON DEMAND. IN NO EVENT SHALL THE BASE CHARGE BE REDUCED PURSUANT TO
THE TERMS HEREOF. TENANT SHALL PERMIT LANDLORD'S ELECTRICAL CONSULTANT TO MAKE
SURVEYS IN THE DEMISED PREMISES FROM TIME TO TIME DURING NORMAL BUSINESS HOURS
REGARDING THE ELECTRICAL EQUIPMENT AND FIXTURES AND THE USE OF ELECTRIC CURRENT
THEREIN.
4.04
INTENTIONALLY OMITTED.
4.05
IF TENANT PAYS FOR ELECTRIC CURRENT CONSUMED
PURSUANT TO SECTION 4.04 ABOVE, LANDLORD RESERVES THE RIGHT TO DISCONTINUE
FURNISHING ELECTRIC ENERGY TO TENANT AT ANY TIME THAT ELECTRIC SERVICE MAY BE
OBTAINED BY TENANT DIRECTLY FROM THE PUBLIC UTILITY COMPANY SERVICING THE
BUILDING UPON THIRTY (30) DAYS' PRIOR WRITTEN NOTICE TO TENANT, AND FROM AND
AFTER THE EFFECTIVE DATE OF SUCH TERMINATION, LANDLORD SHALL NO LONGER BE
OBLIGATED TO FURNISH TENANT WITH ELECTRIC ENERGY, PROVIDED, HOWEVER THAT SUCH
TERMINATION DATE MAY BE EXTENDED FOR SUCH TIME AS IS REASONABLY NECESSARY FOR
TENANT