limitation, the provisions of Article 25 hereof with
respect to Superior Instruments (as defined in Article 25 hereof) which affect
this Lease), and Tenant shall have access to the Premises 24 hours per day, 7
days per week (subject to Force Majeure Causes and subject to and in accordance
with the security rules and regulations for the Building).
ARTICLE 21
SERVICES AND EQUIPMENT
21.01
FROM AND AFTER THE COMMENCEMENT DATE, LANDLORD SHALL OPERATE AND
MAINTAIN THE BUILDING, THE BUILDING SYSTEMS (AS DEFINED IN SECTION 21.06) AND
THE COMMON AREAS (AND PLAZA II, TO THE EXTENT SUCH OPERATION AND MAINTENANCE
MATERIALLY AFFECTS TENANT'S OCCUPANCY OF THE DEMISED PREMISES IN ACCORDANCE WITH
THIS LEASE) AS A FIRST-CLASS OFFICE BUILDING COMPARABLE TO OTHER FIRST-CLASS
OFFICE BUILDINGS IN THE VICINITY OF THE BUILDING (INCLUDING, WITHOUT LIMITATION,
OTHER BUILDINGS WITHIN THE COMPLEX) AND SHALL:
(A)
PROVIDE NECESSARY PASSENGER ELEVATOR FACILITIES ON BUSINESS DAYS
FROM 8:00 A.M. TO 6:00 P.M. AND SHALL HAVE AT LEAST ONE ELEVATOR WHICH ACCESSES
THE ENTIRE DEMISED PREMISES SUBJECT TO CALL AT ALL OTHER TIMES.
AT LANDLORD'S
OPTION, THE ELEVATORS SHALL BE OPERATED BY AUTOMATIC CONTROL OR BY MANUAL
CONTROL, OR BY A COMBINATION OF BOTH OF SUCH METHODS.
TENANT SHALL USE
PASSENGER ELEVATORS SOLELY FOR THE TRANSPORTATION OF ITS EMPLOYEES AND INVITEES
AND NOT FOR FREIGHT HANDLING, THE DELIVERY OF PACKAGES REQUIRING HAND TRUCKS OR
OTHER SIMILAR ITEMS OR THE REMOVAL OF REFUSE.
(B)
PROVIDE NON-EXCLUSIVE FREIGHT ELEVATOR SERVICE ON A FIRST
COME-FIRST SERVED BASIS (I.E., NO ADVANCE SCHEDULING) ON BUSINESS DAYS FROM
8:00 A.M. TO 12:00 NOON AND 12:30 P.M. TO 5:00 P.M. AND ON A RESERVED BASIS AT
ALL OTHER TIMES UPON THE PAYMENT OF LANDLORD'S THEN ESTABLISHED CHARGES THEREFOR
(WHICH, AS OF THE DATE OF THIS LEASE, ARE $65 PER HOUR, WITH A FOUR-HOUR
MINIMUM).
ALL DELIVERIES TO TENANT SHALL BE MADE AT FREIGHT DOCKS LOCATED ON
THE GROUND FLOOR OR AT SUCH OTHER LOCATIONS AS LANDLORD MAY FROM TIME TO TIME
DESIGNATE.
WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SUBPARAGRAPH (B),
LANDLORD SHALL, AT TENANT'S ELECTION, PROVIDE FOR TENANT'S EXCLUSIVE USE, THE
FREIGHT ELEVATOR SHOWN ON SCHEDULE M (THE "DEDICATED ELEVATOR") WITHOUT CHARGE
DURING THE PERFORMANCE OF TENANT'S INITIAL WORK.
TENANT ACCEPTS THE DEDICATED
ELEVATOR IN "AS IS" CONDITION, PROVIDED THAT THE DEDICATED ELEVATOR IS IN GOOD
WORKING ORDER AS OF THE COMMENCEMENT DATE.
TENANT, AT TENANT'S SOLE COST AND
EXPENSE, SHALL BE RESPONSIBLE FOR ALL RENOVATION, REPAIRS, MAINTENANCE AND COSTS
OF OPERATION OF THE DEDICATED ELEVATOR, INCLUDING WITHOUT LIMITATION, THE COST
OF ELECTRIC (WHICH TENANT, AT TENANT'S SOLE COST, SHALL CAUSE THE DEDICATED
ELEVATOR TO BE MEASURED BY ITS EXISTING DIRECT METER SERVING THE DEMISED
PREMISES) AND COSTS TO ENSURE THAT THE DEDICATED ELEVATOR IS IN COMPLIANCE WITH
LEGAL REQUIREMENTS AND TO REPROGRAM THE DEDICATED ELEVATOR.
NOTWITHSTANDING ANY
OF TENANT'S FOREGOING RIGHTS TO USE OF THE DEDICATED ELEVATOR, TENANT'S USE THE
DEDICATED ELEVATOR SHALL BE PROHIBITED IF SUCH USE WOULD RESULT IN
JURISDICTIONAL LABOR DISPUTES OR STRIKES AT THE PROPERTY OR CONFLICT WITH THE
TERMS