HOLIDAYS ARE OBSERVED BY THE FEDERAL GOVERNMENT AND
BY OTHER COMPARABLE BUILDINGS IN THE MARKET AREA.
THE SERVICES AND UTILITIES
REQUIRED TO BE FURNISHED BY LANDLORD, OTHER THAN ELECTRICITY AND WATER, WILL BE
PROVIDED ONLY DURING THE NORMAL HOURS OF OPERATION OF THE BUILDING, EXCEPT AS
OTHERWISE SPECIFIED HEREIN.
IT IS AGREED THAT IF TENANT REQUIRES AIR
CONDITIONING OR HEAT BEYOND THE NORMAL HOURS OF OPERATION SET FORTH HEREIN,
LANDLORD WILL FURNISH SUCH AIR CONDITIONING OR HEAT, PROVIDED TENANT GIVES
LANDLORD'S AGENT SUFFICIENT ADVANCE NOTICE OF SUCH REQUIREMENT AND TENANT AGREES
TO PAY FOR THE COST OF SUCH EXTRA SERVICE IN ACCORDANCE WITH LANDLORD'S THEN
CURRENT SCHEDULE OF COSTS AND ASSESSMENTS FOR SUCH EXTRA SERVICE (WHICH SCHEDULE
SHALL REFLECT LANDLORD'S DIRECT AND INDIRECT COST TO PROVIDE THE SAME, WITHOUT
ADDITIONAL MARKUP).
IF SUCH EXTRA SERVICE IS REQUIRED ON A BUSINESS DAY,
SUFFICIENT NOTICE FOR PURPOSES OF THE PRECEDING SENTENCE SHALL BE DEEMED TO
INCLUDE NOTICE GIVEN NO LATER THAN 3:00 P.M. ON THE APPLICABLE BUSINESS DAY, AND
IF SUCH EXTRA SERVICE IS REQUIRED ON WEEKENDS OR HOLIDAYS, THEN SUFFICIENT
NOTICE SHALL BE DEEMED TO INCLUDE NOTICE GIVEN NO LATER THAN 3:00 P.M. ON THE
BUSINESS DAY IMMEDIATELY PRECEDING THE APPLICABLE SATURDAY, SUNDAY OR HOLIDAY.
LANDLORD AGREES TO PROVIDE AN ACCESS-CONTROL SYSTEM IN THE BUILDING COMPARABLE
TO SYSTEMS IN FIRST-CLASS OFFICE BUILDINGS IN THE MARKET AREA, WHICH SHALL
PERMIT TENANT TO HAVE ACCESS TO THE PREMISES ON A 24-HOUR, SEVEN-DAYS-A-WEEK
BASIS (EXCEPT IN THE EVENT OF EMERGENCY).
TENANT SHALL BE PROVIDED ACCESS TO
THE BUILDING'S LOADING DOCKS AND FREIGHT ELEVATOR IN ACCORDANCE WITH REASONABLE
RULES AND PROCEDURES ESTABLISHED BY LANDLORD.
IT IS UNDERSTOOD AND AGREED THAT LANDLORD SHALL NOT HAVE ANY LIABILITY TO TENANT
WHATSOEVER AS A RESULT OF LANDLORD'S FAILURE OR INABILITY TO FURNISH ANY OF THE
UTILITIES OR SERVICES REQUIRED TO BE FURNISHED BY LANDLORD HEREUNDER, WHETHER
RESULTING FROM BREAKDOWN, REMOVAL FROM SERVICE FOR MAINTENANCE OR REPAIRS,
STRIKES, SCARCITY OF LABOR OR MATERIALS, ACTS OF GOD, GOVERNMENTAL REQUIREMENTS,
OR ANY OTHER CAUSE WHATSOEVER.
NOTWITHSTANDING THE PRECEDING SENTENCE, LANDLORD
SHALL NOT BE RELIEVED OF ITS OBLIGATIONS UNDER SECTION 8.3.
IT IS FURTHER
AGREED THAT ANY SUCH FAILURE OR INABILITY TO FURNISH THE UTILITIES OR SERVICES
REQUIRED HEREUNDER SHALL NOT BE CONSIDERED AN EVICTION, ACTUAL OR CONSTRUCTIVE,
OF THE TENANT FROM THE PREMISES, AND SHALL NOT ENTITLE TENANT TO TERMINATE THIS
LEASE OR TO AN ABATEMENT OF ANY RENT PAYABLE HEREUNDER, EXCEPT AS PROVIDED IN
SECTION 14.4 BELOW.
SUBJECT TO APPLICABLE REGULATORY PROHIBITIONS, THE BUILDING SHALL CONTAIN A
FITNESS FACILITY (SUBJECT TO REASONABLE RULES AND REGULATIONS APPLICABLE TO ALL
BUILDING TENANTS) OF APPROXIMATELY ONE THOUSAND FIVE HUNDRED (1,500) SQUARE
FEET, OR MORE.
THE FITNESS FACILITY SHALL BE AVAILABLE TO TENANT'S EMPLOYEES
WHO WORK IN THE BUILDING ON A REGULAR BASIS ON A NON-EXCLUSIVE FIRST-COME,
FIRST-SERVED BASIS.
THE FITNESS FACILITY SHALL BE EQUIPPED WITH CONTEMPORARY
EXERCISE EQUIPMENT, LOCKER ROOMS, AND SHOWERS.
SUCH USE SHALL BE AT NO SEPARATE
CHARGE TO TENANT OR ITS EMPLOYEES DURING THE LEASE TERM (AS THE SAME MAY