CONTROLS OR
REQUIREMENTS.
IT IS FURTHER AGREED THAT COMPLIANCE WITH SUCH CONTROLS OR
REQUIREMENTS 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.
TENANT SHALL REIMBURSE LANDLORD FOR ANY EXCESS WATER USAGE IN THE PREMISES.
"EXCESS WATER USAGE" SHALL MEAN THE MATERIAL EXCESS OF TENANT'S WATER USAGE
DURING ANY BILLING PERIOD FOR WATER SERVICES OVER THE ESTIMATED AVERAGE WATER
USAGE DURING THE SAME PERIOD FOR ALL OFFICE TENANTS OF THE BUILDING (EXCLUDING
TENANT), AS REASONABLY COMPUTED BY LANDLORD.
WATER USAGE IN ANY CAFETERIA
SERVING THE PREMISES SHALL BE SEPARATELY METERED AT TENANT'S EXPENSE, AND SHALL
BE PAID FOR BY TENANT IN THE SAME MANNER AND SUBJECT TO SIMILAR TERMS AND
CONDITIONS AS APPLY TO SEPARATELY METERED ELECTRICITY PURSUANT TO SECTION 4.8
HEREOF.
SIMILARLY, TENANT SHALL REIMBURSE LANDLORD FOR ANY EXCESS USAGE OF
SUPPLEMENTAL CONDENSER WATER, DEFINED AS USAGE IN EXCESS OF TENANT'S PRO RATA
SHARE THEREOF, BASED ON THE CAPACITY SPECIFIED IN SCHEDULE I TO EXHIBIT B
HEREOF, WHICH EXCESS USAGE SHALL BE PAID FOR BY TENANT IN THE SAME MANNER AND
SUBJECT TO SIMILAR TERMS AND CONDITIONS AS APPLY TO EXCESS WATER USAGE AND
ELECTRICITY USAGE PURSUANT TO SECTION 4.8 HEREOF.
NOTWITHSTANDING ANY OF THE
FOREGOING TO THE CONTRARY, NO OTHER TENANT OF THE BUILDING SHALL BE PERMITTED TO
UTILIZE EXCESS WATER OR TO EXCEED ITS PRO RATA SHARE OF THE CONDENSER WATER
CAPACITY OF THE BUILDING WITHOUT SUBMETERING OR CHECKMETERING OR OTHERWISE
PAYING FOR SUCH EXCESS USAGE, NOR SHALL ANY OTHER TENANT OTHERWISE BE GRANTED
MORE FAVORABLE RIGHTS WITH RESPECT TO PAYING FOR EXCESS WATER USAGE, UNLESS
TENANT IS AFFORDED COMPARABLE SUCH RIGHTS.
SUBJECT TO AVAILABILITY AS REASONABLY DETERMINED BY LANDLORD, AND TO SUCH
REASONABLE RULES, REGULATIONS AND CONDITIONS AS LANDLORD MAY IMPOSE, LANDLORD
SHALL PERMIT TENANT TO USE TENANT'S PROPORTIONATE SHARE OF SPACE IN THE BUILDING
RISERS AND PLENUMS FOR ANY CABLING, CONDUITS AND WIRING (COLLECTIVELY "CABLING")
NECESSARY IN CONNECTION WITH TENANT'S OPERATIONS IN THE PREMISES.
AT LANDLORD'S
OPTION, UPON WRITTEN NOTICE TO TENANT, AT THE EXPIRATION OR SOONER TERMINATION
OF THIS LEASE, (A) SUCH CABLING SHALL BE SURRENDERED WITH THE PREMISESIN ITS
THEN "AS IS" CONDITION, BUT LIEN-FREE, OR (B) TENANT SHALL REMOVE SUCH CABLING
ONLY FROM THE BUILDING CONDUITS AND RISERS AT ITS COST AND EXPENSE AND REPAIR
ANY DAMAGE TO THE PREMISES OR THE BUILDING, OR (C) LANDLORD MAY REMOVE SUCH
CABLING ONLY FROM THE BUILDING CONDUITS AND RISERS AND REPAIR ANY DAMAGE TO THE
PREMISES OR THE BUILDING ON TENANT'S BEHALF, AND TENANT SHALL BE RESPONSIBLE FOR
THE COST AND EXPENSE THEREBY INCURRED.
LIABILITY OF LANDLORD
SUBJECT TO THE LAST SENTENCE OF THIS SECTION 15.1, LANDLORD SHALL NOT BE LIABLE
TO TENANT, ITS EMPLOYEES, AGENTS, BUSINESS INVITEES, LICENSEES, CUSTOMERS,
CLIENTS, FAMILY MEMBERS OR GUESTS FOR ANY DAMAGE, INJURY, LOSS, COMPENSATION OR
CLAIM, INCLUDING BUT NOT LIMITED TO CLAIMS FOR THE INTERRUPTION OF OR LOSS TO
TENANT'S BUSINESS, BASED ON,