CAPACITY FOR THE DEMISED PREMISES IN EXCESS OF THE ELECTRICAL
CAPACITY REFERRED TO IN SECTION 4.02 AND LANDLORD DECLINES TENANT'S REQUEST,
LANDLORD SHALL NOT BE DEEMED TO HAVE ACTED UNREASONABLY SO LONG AS LANDLORD DOES
NOT UNREASONABLY WITHHOLD ITS CONSENT IF TENANT WISHES TO MAKE ARRANGEMENTS, AT
ITS SOLE EXPENSE, TO OBTAIN SUCH ADDITIONAL ELECTRICAL CAPACITY FOR THE DEMISED
PREMISES DIRECTLY FROM THE PUBLIC UTILITY SERVING THE BUILDING (AND NOT FROM
AVAILABLE CAPACITY IN THE BUILDING), PROVIDED THAT TENANT COMPLIES WITH ALL OF
THE REQUIREMENTS OF ARTICLES 6 AND 8 OF THIS LEASE AND CONSULTS WITH LANDLORD'S
ENGINEERS WITH RESPECT TO OBTAINING SUCH ADDITIONAL ELECTRICAL CAPACITY AND THE
INSTALLATIONS REQUIRED THEREFOR.
4.02
LANDLORD SHALL SUPPLY THE DEMISED PREMISES WITH ELECTRICAL CAPACITY
OF NOT LESS THAN SIX (6) WATTS DEMAND LOAD, EXCLUSIVE OF THE BUILDING HVAC
SYSTEM SERVING THE DEMISED PREMISES, PER USABLE SQUARE FOOT CONTAINED IN THE
DEMISED PREMISES.
TENANT COVENANTS AND AGREES TO PAY DIRECTLY TO THE UTILITY
COMPANY SUPPLYING ELECTRICITY TO THE DEMISED PREMISES THE AMOUNTS DUE FOR
ELECTRIC CURRENT CONSUMED BY TENANT (INCLUDING, BUT NOT LIMITED TO, THE
REQUIREMENTS OF SECTION 21.01(C)), AS INDICATED BY METERS MEASURING TENANT'S
CONSUMPTION THEREOF WHICH SHALL BE INSTALLED BY LANDLORD FOR THE DEMISED
PREMISES AND SHALL BE IN GOOD WORKING ORDER.
TENANT, AT TENANT'S SOLE COST AND
EXPENSE, SHALL BE RESPONSIBLE FOR THE MAINTENANCE AND REPAIR OF ALL SUCH METERS.
4.03
TENANT'S USE OF ELECTRIC CURRENT IN THE DEMISED PREMISES SHALL NOT
AT ANY TIME EXCEED THE CAPACITY AS PROVIDED IN SECTION 4.02 OR OF ANY OF THE
ELECTRICAL CONDUCTORS AND EQUIPMENT IN OR OTHERWISE SERVING THE DEMISED
PREMISES.
TENANT SHALL NOT MAKE OR PERFORM OR PERMIT THE MAKING OR PERFORMING
OF, ANY ALTERATIONS TO WIRING, INSTALLATIONS OR OTHER ELECTRICAL FACILITIES IN
OR SERVING THE DEMISED PREMISES WITHOUT THE PRIOR CONSENT OF LANDLORD IN EACH
INSTANCE, AND THEN ONLY IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 6.
4.04
LANDLORD SHALL NOT BE LIABLE IN ANY WAY TO TENANT FOR ANY FAILURE
OR DEFECT IN THE SUPPLY OR CHARACTER OF ELECTRIC ENERGY FURNISHED TO THE DEMISED
PREMISES BY REASON OF ANY REQUIREMENT, ACT OR OMISSION OF THE PUBLIC UTILITY
PROVIDING THE BUILDING OR THE DEMISED PREMISES WITH ELECTRICITY OR FOR ANY OTHER
REASON WHATSOEVER, INCLUDING THE SHARING BY TENANT OF COMMON
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ELECTRICAL EQUIPMENT WITH OTHER TENANTS OR OCCUPANTS.
WITHOUT LIMITING THE
FOREGOING, IN NO EVENT SHALL LANDLORD BE LIABLE TO TENANT FOR ANY CONSEQUENTIAL
DAMAGES ARISING FROM ANY SUCH FAILURE OR DEFECT.
4.05
AT LANDLORD'S OPTION, TENANT SHALL PAY LANDLORD'S REASONABLE
CHARGES FOR INSTALLING ALL LIGHTING TUBES, LAMPS, BULBS AND BALLASTS USED IN THE
DEMISED PREMISES ON DEMAND AS ADDITIONAL RENT.
4.06
TO THE EXTENT THAT TENANT LEASES THE 2ND FLOOR EXPANSION SPACE, THE
6TH FLOOR EXPANSION SPACE AND/OR ANY OFFER SPACE, TENANT SHALL PAY FOR
ELECTRICITY IN SUCH SPACE AND, TO MEASURE THE CONSUMPTION THEREOF, LANDLORD
SHALL INSTALL, AT TENANT'S EXPENSE, AND SUPPLY ELECTRICITY TO SERVICE SUCH SPACE
ON A SUBMETERED BASIS, AND TENANT IN SUCH EVENT SHALL PAY