utility system or other parts of the Project or the
Premises, or to require Tenant to make such modifications to the equipment to be
installed or connected, as Landlord considers to be reasonably necessary before
such equipment may be so installed or connected.
The cost of any such
modifications shall be borne by Tenant, who shall reimburse Landlord for the
same (or any portion thereof paid by Landlord) as provided in Paragraph 8(d)
hereof.
(C)
INTERRUPTION OF SERVICES.
TENANT UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT ANY ONE OR MORE OF THE
UTILITIES OR OTHER BUILDING SERVICES IDENTIFIED ABOVE MAY BE INTERRUPTED BY
REASON OF ACCIDENT, EMERGENCY OR OTHER CAUSES BEYOND LANDLORD'S CONTROL, OR MAY
BE DISCONTINUED OR DIMINISHED TEMPORARILY BY LANDLORD OR OTHER PERSONS UNTIL
CERTAIN REPAIRS, ALTERATIONS OR IMPROVEMENTS CAN BE MADE; THAT LANDLORD DOES NOT
REPRESENT OR WARRANT THE UNINTERRUPTED AVAILABILITY OF SUCH UTILITIES OR
BUILDING SERVICES; AND THAT ANY SUCH INTERRUPTION SHALL NOT BE DEEMED AN
EVICTION OR DISTURBANCE OF TENANT'S RIGHT TO POSSESSION, OCCUPANCY AND USE OF
THE PREMISES OR ANY PART THEREOF, OR RENDER LANDLORD LIABLE TO TENANT IN DAMAGES
BY ABATEMENT OF RENT OR OTHERWISE, OR RELIEVE TENANT FROM THE OBLIGATION TO
PERFORM ITS COVENANTS UNDER THIS LEASE, PROVIDED, HOWEVER, THAT IF THE SERVICES
DESCRIBED IN PARAGRAPH 8(A) ARE INTERRUPTED, SUCH INTERRUPTION CONTINUES FOR
MORE THAN THREE (3) CONSECUTIVE BUSINESS DAYS AND RESTORATION OF SUCH SERVICES
IS REASONABLY WITHIN LANDLORD'S CONTROL, TENANT MAY, TO THE EXTENT THE PREMISES
ARE RENDERED UNTENANTABLE, ABATE PAYMENT OF BASE RENT AND RENT ADJUSTMENT
PAYMENT FROM THE TIME OF INTERRUPTION UNTIL SUCH SERVICES ARE RESTORED.
LANDLORD SHALL USE COMMERCIALLY REASONABLE EFFORTS NOT TO INTERRUPT UTILITY
SERVICES DURING NORMAL BUSINESS HOURS AND, TO THE EXTENT REASONABLY POSSIBLE,
PERFORM REPAIRS TO SUCH SERVICES AFTER NORMAL BUSINESS HOURS IF INTERRUPTION
WOULD MATERIALLY AND ADVERSELY AFFECT TENANT'S ABILITY TO DO BUSINESS IN THE
PREMISES.
(D)
PAYMENT FOR UTILITIES AND BUILDING
SERVICES.
THE COST OF ADDITIONAL UTILITIES AND OTHER BUILDING SERVICES
FURNISHED BY LANDLORD AT THE REQUEST OF TENANT OR AS A RESULT OF TENANT'S
ACTIVITIES AS PROVIDED IN PARAGRAPH 8(B) HEREOF SHALL BE BORNE BY TENANT, WHO
SHALL BE SEPARATELY BILLED THEREFORE AND WHO SHALL REIMBURSE AND PAY LANDLORD
MONTHLY FOR THE SAME AS ADDITIONAL RENT, AT THE
4
same time the next monthly installment of Base Rent and other additional rent is
due.
Tenant agrees to give reasonable advance notice, in writing, to Landlord
of its request for additional services.
The cost of additional utilities
including after-hours HVAC shall be billed to Tenant at Landlord's actual cost.
(E)
ENERGY CONSERVATION.
NOTWITHSTANDING
ANYTHING TO CONTRARY IN THIS PARAGRAPH 8 OR ELSEWHERE IN THIS LEASE, LANDLORD
SHALL HAVE THE RIGHT TO INSTITUTE SUCH POLICIES, PROGRAMS AND MEASURES AS MAY BE
NECESSARY OR DESIRABLE, IN LANDLORD'S REASONABLE DISCRETION, FOR THE
CONSERVATION AND/OR PRESERVATION OF ENERGY RELATED SERVICES, OR AS MAY BE
REQUIRED TO COMPLY WITH ANY APPLICABLE CODES, RULES AND REGULATIONS, WHETHER
MANDATORY OR VOLUNTARY.
9.
PARKING
Landlord hereby gives to Tenant's employees, agents, customers