ARE DETERMINED BY LANDLORD, AND SUBJECT TO THE RULES
AND REGULATIONS OF THE BUILDING, HEAT AND AIR CONDITIONING FOR THE USE AND
OCCUPANCY OF THE PREMISES, PASSENGER ELEVATOR SERVICE AND FREIGHT ELEVATOR
SERVICE, SUBJECT TO SCHEDULING BY LANDLORD. LANDLORD SHALL ALSO FURNISH:
(I)
ELECTRIC CURRENT TO BE SUPPLIED FOR LIGHTING THE PREMISES AND PUBLIC HALLS, AND
FOR THE OPERATION OF ORDINARY OFFICE EQUIPMENT, EXCLUSIVE OF HEAVY-DUTY
EQUIPMENT AND COMPUTERS, COPYING EQUIPMENT WHICH IS NOT STANDARD FOR GENERAL
OFFICES, OR COMPARABLE EQUIPMENT; (II) JANITORIAL AND CLEANING SERVICES, AND
(III) DOMESTIC WATER IN REASONABLE QUANTITY. ELEVATOR SERVICE SHALL MEAN SERVICE
EITHER BY NON-ATTENDED AUTOMATIC ELEVATORS OR ELEVATORS WITH ATTENDANTS AT THE
OPTION OF LANDLORD. LANDLORD SHALL ALSO FURNISH, AT RATES SET FROM TIME TO TIME
AS REASONABLY DETERMINED BY LANDLORD (REFLECTING ACTUAL COSTS OF SUCH ADDITIONAL
HVAC), HEATING AND AIR CONDITIONING AND SUCH OTHER ITEMS AS ARE NOT PROVIDED FOR
HEREIN, PROVIDED IF TENANT DOES NOT HAVE SPECIAL HVAC CONTROLS FOR ITS PREMISES,
THEN TENANT SHALL GIVE LANDLORD REASONABLE PRIOR NOTICE OF TENANT'S NEEDS FOR
SUCH ADDITIONAL HEATING OR AIR CONDITIONING AND LANDLORD SHALL USE ALL
REASONABLE EFFORTS TO PROVIDE SAME. LANDLORD SHALL ALSO, AT SAID TIMES, MAINTAIN
AND KEEP LIGHTED THE COMMON STAIRS, ENTRIES, AND TOILET ROOMS IN THE BUILDING
THAT WOULD REASONABLY BE SUBJECT TO USE BY TENANT, ITS AGENTS AND EMPLOYEES
DURING OTHER THAN
7
REGULAR BUSINESS HOURS.
LANDLORD ALSO HAS THE RIGHT TO CHARGE TENANT FOR ENERGY
COSTS INCURRED BECAUSE OF TENANT'S ABOVE BUILDING AVERAGE USAGE OR BY REASON OF
USAGE OF THE PREMISES OR THE BUILDING DURING OTHER THAN REGULAR BUSINESS HOURS.
HOWEVER, IN NO EVENT SHALL LANDLORD CHARGE TENANT MORE FOR EXCESS UTILITIES OR
AFTER HOURS HVAC THAN IT CHARGES OTHER TENANTS IN THE BUILDING FOR SUCH USAGE.
FURTHERMORE, IF LANDLORD WERE TO GRANT ANY TENANT LONGER REGULAR BUSINESS HOURS,
THEN SUCH HOURS SHALL ALSO BE APPLICABLE TO TENANT. TENANT AGREES TO PAY FOR ANY
EXCESS HVAC WITHIN FIFTEEN (15) DAYS OF THE BILLING THEREFOR, SUCH BILLING TO
OCCUR NO MORE FREQUENTLY THAN MONTHLY.
5.2
INTERRUPTION OF STANDARD SERVICES. TENANT
AGREES THAT LANDLORD SHALL NOT BE LIABLE FOR FAILURE TO SUPPLY ANY HEATING, AIR
CONDITIONING, ELEVATOR, JANITORIAL SERVICES, ELECTRIC CURRENT, OR ANY OTHER
SERVICE DESCRIBED IN SECTION 5.1 OR SECTION 33.3 DURING ANY PERIOD WHEN LANDLORD
USES REASONABLE DILIGENCE TO RESTORE OR TO SUPPLY SUCH SERVICES OR ELECTRIC
CURRENT, IT BEING FURTHER AGREED THAT LANDLORD RESERVES THE RIGHT TO TEMPORARILY
DISCONTINUE SUCH SERVICES OR ANY OF THEM, OR ELECTRIC CURRENT AT SUCH TIMES AS
MAY BE NECESSARY BY REASON OF ACCIDENT, UNAVAILABILITY OF EMPLOYEES, REPAIRS,
ALTERATIONS, OR IMPROVEMENTS, OR WHENEVER BY REASON OF STRIKES, LOCKOUTS, RIOTS,
ACTS OF GOD OR ANY OTHER HAPPENING OR OCCURRENCE BEYOND THE REASONABLE CONTROL
OF LANDLORD. IF LANDLORD IS UNABLE TO FURNISH SUCH SERVICES OR ELECTRIC CURRENT
FOR ANY REASON OUTSIDE OF LANDLORD'S REASONABLE CONTROL, OR IF SUCH SERVICES OR
ELECTRIC CURRENT SHALL BE INTERRUPTED FOR ANY REASON OUTSIDE OF LANDLORD'S
REASONABLE CONTROL, LANDLORD SHALL NOT BE LIABLE FOR DAMAGES