LIGHTING EQUIPMENT SERVING
THE PREMISES).
ALL SUCH ELECTRICITY COSTS SEPARATELY PAID BY TENANT SHALL NOT
BE INCLUDED IN EXPENSES.
TENANT'S CONNECTIONS, AND INSTALLATION OF NEW CABLES,
CIRCUITS, FEEDERS, METERS OR OTHER EQUIPMENT, SHALL BE AT TENANT'S SOLE COST,
AND SHALL BE SUBJECT TO LANDLORD'S PRIOR WRITTEN APPROVAL AND THE OTHER
PROVISIONS OF ARTICLE 9 RESPECTING WORK, AND THE RULES RESPECTING ACCESS TO THE
UTILITY CLOSETS.
C.
ADDITIONAL UTILITIES AND SERVICES.
LANDLORD SHALL NOT BE
RESPONSIBLE FOR INADEQUATE AIR-CONDITIONING OR VENTILATION WHENEVER THE USE OR
OCCUPANCY OF THE PREMISES EXCEEDS THE NORMAL CAPACITY OR DESIGN LOADS OF,
AFFECTS THE TEMPERATURE OR HUMIDITY OTHERWISE
6
MAINTAINED BY, OR OTHERWISE ADVERSELY AFFECTS THE OPERATION OF, THE SYSTEMS AND
EQUIPMENT FOR THE PROPERTY, WHETHER DUE TO ITEMS OF EQUIPMENT OR MACHINERY
GENERATING HEAT, ABOVE NORMAL CONCENTRATIONS OF PERSONNEL OR EQUIPMENT,
ALTERATIONS TO THE PREMISES MADE BY OR THROUGH TENANT WITHOUT BALANCING THE AIR
OR INSTALLING SUPPLEMENTAL HVAC EQUIPMENT, OR ANY OTHER MATTER NOT CAUSED BY
LANDLORD.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LANDLORD SHALL NOT
BE RESPONSIBLE FOR INADEQUATE AIR CONDITIONING OR VENTILATION TO THE EXTENT THAT
THE SAME OCCURS BECAUSE TENANT, WITHOUT PROVIDING ADEQUATE AIR CONDITIONING AND
VENTILATION USES OR PERMITS THE USE OF ANY ITEM, OR CONCENTRATED GROUP, OF
EQUIPMENT CONSUMING MORE THAN 500 WATTS IN THE AGGREGATE AT RATED CAPACITY PER
200 USABLE SQUARE FEET.
IN ANY SUCH CASE, IF TENANT DOES NOT REMEDY SUCH EXCESS
USE PROMPTLY AFTER WRITTEN NOTICE FROM LANDLORD, THEN LANDLORD MAY ELECT TO
BALANCE THE AIR, INSTALL, OPERATE, MAINTAIN AND REPLACE SUCH SUPPLEMENTAL HVAC
EQUIPMENT DURING THE TERM, AT TENANT'S EXPENSE, AS AN EXTRA UTILITY OR SERVICE
(OR REQUIRE THAT TENANT ARRANGE FOR THE SAME AS WORK UNDER ARTICLE 9).
LANDLORD
SHALL SEEK TO PROVIDE SUCH EXTRA UTILITIES OR SERVICES AS TENANT MAY FROM TIME
TO TIME REQUEST, IF THE SAME ARE REASONABLE AND FEASIBLE FOR LANDLORD TO PROVIDE
AND DO NOT INVOLVE MODIFICATIONS OR ADDITIONS TO THE PROPERTY OR EXISTING
SYSTEMS AND EQUIPMENT, AND IF LANDLORD SHALL RECEIVE TENANT'S REQUEST WITHIN A
REASONABLE PERIOD PRIOR TO THE TIME SUCH EXTRA UTILITIES OR SERVICES ARE
REQUIRED, LANDLORD AGREEING THAT NOT MORE THAN ONE (1) BUSINESS DAY PRIOR NOTICE
SHALL BE REQUIRED FOR AFTER-HOURS HVAC SERVICES.
TENANT SHALL, FOR ANY EXTRA
UTILITIES OR SERVICES, PAY SUCH STANDARD CHARGES AS LANDLORD SHALL FROM TIME TO
TIME ESTABLISH, LANDLORD'S OUT-OF-POCKET COSTS FOR ARCHITECTS, ENGINEERS,
CONSULTANTS AND OTHER PARTIES RELATING TO SUCH EXTRA UTILITIES OR SERVICES, AND
A FEE EQUAL TO FIFTEEN PERCENT (15%) OF SUCH COSTS.
ALL PAYMENTS FOR SUCH EXTRA
UTILITIES OR SERVICES SHALL BE DUE AT THE SAME TIME AS THE INSTALLMENT OF BASE
RENT WITH WHICH THE SAME ARE BILLED, OR IF BILLED SEPARATELY, SHALL BE DUE
WITHIN TEN (10) BUSINESS DAYS AFTER SUCH BILLING.
NOTWITHSTANDING THE FOREGOING
TO THE CONTRARY, IN LIEU OF CHARGING SEPARATELY FOR ADDITIONAL UTILITIES AND
SERVICES, LANDLORD MAY REASONABLY ELECT FROM TIME TO TIME TO EXPAND OR MODIFY
THE AMOUNTS OF SERVICES AND UTILITIES AVAILABLE WITHOUT SEPARATE CHARGE, IN