CONSUMED IN OFFICE SETTINGS
FOR ORDINARY DRINKING AND LAVATORY PURPOSES, THE COST AND EXPENSE OF WATER SHALL
BE INCLUDED IN OPERATING CHARGES.
HOWEVER, IN THE EVENT TENANT'S USE OF WATER
IN THE PREMISES EXCEEDS, IN LANDLORD'S REASONABLE OPINION, THAT NORMALLY
CONSUMED IN OFFICE SETTINGS FOR ORDINARY DRINKING AND LAVATORY PURPOSES,
LANDLORD SHALL HAVE THE RIGHT TO EITHER: (I) INSTALL AND MAINTAIN, AT TENANT'S
SOLE COST AND EXPENSE, WATER METERS WHICH MEASURE TENANT'S WATER CONSUMPTION IN
THE PREMISES; (II) REASONABLY ESTIMATE THE AMOUNT OF SUCH EXCESS CONSUMPTION BY
TENANT; OR (III) ENGAGE THE SERVICES, AT TENANT'S SOLE COST AND EXPENSE, OF AN
INDEPENDENT UTILITY RATE AUDITOR OR ENGINEER SELECTED BY LANDLORD, TO PERFORM A
CONFIRMATORY WATER SURVEY OF THE PREMISES; AND IN ANY SUCH CASE, TENANT SHALL
PAY TO LANDLORD, AS ADDITIONAL RENT WITHIN TEN (10) DAYS OF RECEIPT OF A BILL
THEREFOR, ALL CHARGES INCURRED AS A RESULT THEREOF, WHETHER FOR WATER
CONSUMPTION IN EXCESS OF
F-36
NORMAL OFFICE CONSUMPTION FOR ORDINARY DRINKING AND LAVATORY PURPOSES, EQUIPMENT
MAINTENANCE OR THE SERVICES OF ANY SUCH UTILITY ENGINEER.
14.9
LANDLORD AGREES TO OPERATE OR ARRANGE FOR THE OPERATION BY A THIRD
PARTY VENDOR FOR SUCH PERIOD DURING THE DURING THE TERM AS LANDLORD CONTINUE TO
OCCUPY A PORTION OF THE BUILDING, A FOOD AND BEVERAGE SERVICE OR CONCESSION AS A
BUILDING AMENITY WITHIN THE BUILDING (THE "FOOD SERVICE").
THE FOOD SERVICE
SHALL BE MADE AVAILABLE TO TENANT DURING SUCH HOURS ON SUCH DAYS AS MAINTAINED
BY LANDLORD FOR ITS OWN EMPLOYEES IN THE BUILDING.
TENANT ACKNOWLEDGES THAT
LANDLORD SHALL HAVE THE SOLE AND EXCLUSIVE AUTHORITY IN ALL DECISIONS REGARDING
THE SELECTION OF MENU ITEMS, PRICING AND OUTSIDE VENDORS TO OPERATE AND MAINTAIN
THE FOOD SERVICE.
IN THE EVENT THAT THE COMMON AREA UTILIZED FOR PROVISION OF
THE FOOD SERVICE IS CONVERTED TO A NON-COMMON AREA BY LANDLORD AND IS
SUBSEQUENTLY UTILIZED AS ADDITIONAL RENTABLE SQUARE FOOTAGE, THEN THE RENTABLE
SQUARE FOOTAGE OF THE PREMISES AND TENANT'S PROPORTIONATE SHARE SHALL BE REDUCED
ACCORDINGLY, AS DETERMINED IN THE REASONABLE DISCRETION OF LANDLORD.
14.10
LANDLORD SHALL NOT BE OBLIGATED TO PROVIDE ANY UTILITY OR SERVICE,
EXCEPT AS SPECIFICALLY SET FORTH IN THIS LEASE.
NOTWITHSTANDING THE FOREGOING,
LANDLORD MAY, ALTHOUGH UNDER NO OBLIGATION TO DO SO, ELECT TO OFFER ADDITIONAL
SERVICES TO THE BUILDING.
ANY AND ALL COSTS ASSOCIATED WITH THE IMPLEMENTATION
AND CONTINUED PROVISION BY LANDLORD OF ANY SUCH ADDITIONAL SERVICES SHALL NOT BE
INCLUDED IN OPERATING CHARGES, BUT IF TENANT ELECTS TO RECEIVE SUCH ADDITIONAL
SERVICE SHALL BE CHARGED AS ADDITIONAL RENT TO TENANT IN ACCORDANCE WITH THE
BUILDING STANDARDS IMPLEMENTED BY LANDLORD.
14.11
IN THE EVENT THAT THE HVAC SYSTEM, ELECTRICITY, WATER, SEWER OR
ELEVATOR SERVICES PROVIDED TO THE PREMISES SHALL CEASE OR BE INTERRUPTED SO AS
TO RENDER THE PREMISES OR ANY MATERIAL PORTION THEREOF UNTENANTABLE FOR THE USES
PERMITTED UNDER THIS LEASE AND THEREBY PREVENTS TENANT FROM (AND TENANT, IN FACT
CEASES) CONDUCTING ITS BUSINESS OPERATIONS THEREIN AND SUCH CESSATION OR
INTERRUPTION HAS NOT RESULTED FROM A FAILURE BY TENANT