USE OF HVAC SHALL BE DEEMED ADDITIONAL RENT HEREUNDER AND
SHALL BE PAID IN THE MANNER PROVIDED IN THIS SECTION 5.2 ABOVE.
5.3
INTERRUPTION OF USE.
EXCEPT AS SET FORTH IN
SECTION 5.6 BELOW, LANDLORD SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR A
LOSS OF, OR INJURY TO, PROPERTY OR FOR INJURY TO, OR INTERFERENCE WITH, TENANT'S
BUSINESS, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, HOWEVER OCCURRING,
THROUGH OR IN CONNECTION WITH OR INCIDENTAL TO A FAILURE TO FURNISH ANY OF THE
SERVICES OR UTILITIES AS SET FORTH IN THIS ARTICLE V.
12
5.4
ADDITIONAL SERVICES.
LANDLORD SHALL PROVIDE
TO TENANT ANY ADDITIONAL SERVICES WHICH MAY BE REASONABLY REQUESTED BY TENANT,
INCLUDING, WITHOUT LIMITATION, LOCKSMITHING, LAMP REPLACEMENT, ADDITIONAL
JANITORIAL SERVICE, AND ADDITIONAL REPAIRS AND MAINTENANCE, PROVIDED THAT TENANT
SHALL PAY TO LANDLORD WITHIN FIFTEEN (15) DAYS AFTER RECEIPT OF WRITTEN NOTICE
FROM LANDLORD UPON BILLING, THE SUM OF ALL COSTS TO LANDLORD OF SUCH ADDITIONAL
SERVICES PLUS A REASONABLE ADMINISTRATION FEE.
CHARGES FOR ANY SERVICE FOR
WHICH TENANT IS REQUIRED TO PAY FROM TIME TO TIME HEREUNDER SHALL BE DEEMED
ADDITIONAL RENT HEREUNDER AND SHALL BE BILLED ON A MONTHLY BASIS.
5.5
UTILITY DEREGULATION.
5.5.1
LANDLORD CONTROLS SELECTION
LANDLORD HAS ADVISED
TENANT THAT PRESENTLY SAN DIEGO GAS & ELECTRIC ("ELECTRIC SERVICE PROVIDER") IS
THE UTILITY COMPANY SELECTED BY LANDLORD TO PROVIDE ELECTRICITY SERVICE FOR THE
PROJECT.
NOTWITHSTANDING THE FOREGOING, IF PERMITTED BY LAW, LANDLORD SHALL
HAVE THE RIGHT AT ANY TIME AND FROM TIME TO TIME DURING THE LEASE TERM TO EITHER
CONTRACT FOR SERVICE FROM A DIFFERENT COMPANY OR COMPANIES PROVIDING ELECTRICITY
SERVICE (EACH SUCH COMPANY SHALL HEREINAFTER BE REFERRED TO AS AN "ALTERNATE
SERVICE PROVIDER") OR CONTINUE TO CONTRACT FOR SERVICE FROM THE ELECTRIC SERVICE
PROVIDER.
IN NO EVENT SHALL LANDLORD'S SELECTION OF AN ALTERNATE SERVICE
PROVIDER RESULT IN TENANT PAYING A HIGHER COST FOR SUCH ELECTRICITY THAN IF
LANDLORD ELECTED TO CONTINUE TO CONTRACT FOR SUCH SERVICE FROM THE ELECTRIC
SERVICE PROVIDER.
5.5.2
TENANT SHALL GIVE LANDLORD ACCESS.
TENANT SHALL
COOPERATE WITH LANDLORD, THE ELECTRIC SERVICE PROVIDER, AND ANY ALTERNATE
SERVICE PROVIDER DURING NON-BUSINESS HOURS (EXCEPT IN THE EVENT OF AN EMERGENCY)
AND, AS REASONABLY NECESSARY, SHALL ALLOW LANDLORD, ELECTRIC SERVICE PROVIDER,
AND ANY ALTERNATE SERVICE PROVIDER REASONABLE ACCESS TO THE BUILDING'S ELECTRIC
LINES, FEEDERS, RISERS, WIRING AND ANY OTHER MACHINERY WITHIN THE PREMISES,
PROVIDED, THAT LANDLORD SHALL USE LANDLORD'S COMMERCIALLY REASONABLE EFFORTS TO
ENSURE THAT THERE SHALL BE NO INTERFERENCE WITH TENANT'S USE AND ENJOYMENT OF
THE DEMISED PREMISES.
5.6
INTERRUPTION OF UTILITIES.
EXCEPT IN THE
CASE OF AN EMERGENCY, LANDLORD SHALL NOT INTENTIONALLY INTERRUPT ANY UTILITIES
TO THE PREMISES WITHOUT FIVE (5) BUSINESS DAYS' PRIOR WRITTEN NOTICE FROM
LANDLORD TO TENANT.
IN THE EVENT THAT THERE IS ANY INTERRUPTION OF THE
UTILITIES DUE TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS
AUTHORIZED REPRESENTATIVES AND SUCH INTERRUPTION SHALL CONTINUE FOR MORE THAN
TWO (2) CONSECUTIVE DAYS RENDERING ANY PORTION OF THE PREMISES UNUSABLE FOR
TENANT'S NORMAL BUSINESS OPERATIONS, THEN ALL RENT PAYABLE UNDER