ANY TIME TENANT IS IN DEFAULT UNDER THIS
LEASE UNLESS TENANT PAYS TO LANDLORD, IN ADVANCE, THE COST OF SUCH ADDITIONAL
SERVICE.
IF ANY MACHINERY OR EQUIPMENT WHICH GENERATES ABNORMAL HEAT OR
OTHERWISE CREATES UNUSUAL DEMANDS ON THE AIR-CONDITIONING OR HEATING SYSTEM
SERVING THE PREMISES IS USED IN THE PREMISES AND IF TENANT HAS NOT, WITHIN FIVE
(5) DAYS AFTER DEMAND FROM LANDLORD, TAKEN SUCH STEPS, AT TENANT'S EXPENSE, AS
SHALL BE NECESSARY TO CEASE SUCH ADVERSE AFFECT ON THE AIR- CONDITIONING OR
HEATING SYSTEM, LANDLORD SHALL HAVE THE RIGHT TO INSTALL SUPPLEMENTAL
AIR-CONDITIONING OR HEATING UNITS IN THE PREMISES, AND THE FULL COST OF SUCH
SUPPLEMENTAL UNITS (INCLUDING THE COST OF ACQUISITION, INSTALLATION, OPERATION,
USE AND MAINTENANCE THEREOF) SHALL BE PAID BY TENANT TO LANDLORD IN ADVANCE OR
ON DEMAND AS ADDITIONAL RENT.
SECTION 7.2
ALTHOUGH LANDLORD PERMITS TENANT TO USE THE CENTRAL SYSTEMS AS
MORE FULLY PROVIDED IN SECTION 7.1A ABOVE, EXCEPT AS SET FORTH IN SECTION 7.1A,
LANDLORD SHALL NOT BE OBLIGATED TO FURNISH
7
UTILITY SERVICES TO THE PREMISES.
TENANT SHALL MAKE ALL NECESSARY ARRANGEMENTS
WITH THE PUBLIC UTILITY OR ALTERNATIVE UTILITY SERVICE SUPPLIERS ("SUPPLIERS")
SUPPLYING ELECTRIC, GAS, TELEPHONE, CABLE OR OTHER UTILITY SERVICES TO THE
PREMISES, AND SHALL BE SUBJECT TO THE RULES AND REGULATIONS OF THE SUPPLIERS OF
SUCH SERVICES AND THE RULES AND REGULATIONS OF ANY MUNICIPAL OR OTHER
GOVERNMENTAL AUTHORITY REGULATING THE BUSINESS OF PROVIDING SUCH SERVICES.
TENANT SHALL BE RESPONSIBLE FOR CONTRACTING PROMPTLY AND DIRECTLY WITH SUCH
SUPPLIERS AND FOR PAYING ALL DEPOSITS FOR, AND ALL COSTS RELATING TO, SUCH
SERVICES, SO THAT SERVICES ARE AVAILABLE TO THE PREMISES FOR TENANT'S USE ON THE
COMMENCEMENT DATE.
TENANT SHALL COOPERATE WITH LANDLORD AND SUPPLIERS AT ALL
TIMES AND, AS REASONABLY NECESSARY, SHALL ALLOW LANDLORD AND THE SUPPLIERS
REASONABLE ACCESS TO THE LINES, FEEDERS, RISERS, WIRING, PIPES, METERS AND ANY
OTHER MACHINERY WITHIN THE PREMISES.
SECTION 7.3
LANDLORD SHALL IN NO WAY BE LIABLE OR RESPONSIBLE FOR ANY LOSS,
DAMAGE, OR EXPENSE THAT TENANT MAY SUSTAIN OR INCUR BY REASON OF ANY CHANGE,
FAILURE, INTERFERENCE, DISRUPTION, OR DEFECT IN THE SUPPLY OR CHARACTER OF THE
UTILITY SERVICES FURNISHED TO THE PREMISES, OR IF THE QUANTITY OR CHARACTER OF
THE UTILITY SERVICES SUPPLIED BY THE SUPPLIERS IS NO LONGER AVAILABLE OR
SUITABLE FOR TENANT'S REQUIREMENTS, AND NO SUCH CHANGE, FAILURE, DEFECT,
UNAVAILABILITY, OR UNSUITABILITY SHALL CONSTITUTE AN ACTUAL OR CONSTRUCTIVE
EVICTION, IN WHOLE OR IN PART, WILL ENTITLE TENANT TO ANY ABATEMENT OR
DIMINUTION OF RENT OR RELIEVE TENANT FROM ANY OF ITS OBLIGATIONS UNDER THIS
LEASE.
SHOULD ANY MALFUNCTION OF ANY SYSTEMS OR FACILITIES OCCUR WITHIN THE
PROJECT OR SHOULD MAINTENANCE OR ALTERATIONS OF SUCH SYSTEMS OR FACILITIES
BECOME NECESSARY, LANDLORD SHALL REPAIR THE SAME PROMPTLY AND WITH REASONABLE
DILIGENCE, AND TENANT SHALL HAVE NO CLAIM FOR REBATE, ABATEMENT OF RENT, OR
DAMAGES BECAUSE OF MALFUNCTIONS OR ANY SUCH INTERRUPTIONS IN SERVICE.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THERE IS FAILURE, DELAY OR
INTERRUPTION OF UTILITY SERVICES DUE TO ANY EVENT COVERED