Common use of Overstandard Tenant Use Clause in Contracts

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease, If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, upon billing, the cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, promptly following Landlord’s written demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation, and subject to the terms of Section 29.32, below, Tenant shall not install or use or permit the installation or use of any dedicated computer room or electronic data processing equipment in the Premises, without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. Landlord shall have the exclusive right, but not the obligation, to provide any additional services which may be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, and additional repairs and maintenance. If Tenant requests any such additional services, then Tenant shall pay to Landlord the cost of such additional services, including Landlord’s standard fee for its involvement with such additional services, promptly upon being billed for same.

Overstandard Tenant Use. Tenant shall not, without Landlord’s 's prior ----------------------- written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease, . If Tenant uses water, electricity, water or heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant's consumption of electricity shall exceed four (4) xxxxx per usable square foot of the Premises, calculated on an annualized basis for the hours described in Section 6.1.1 above, Tenant shall pay pay, to Landlord, upon within ten (10) days after billing, the cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, promptly following Landlord’s written within ten (10) days after demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation, and subject to the terms of Section 29.32, below, Tenant shall not install or use or permit the installation or use of any dedicated computer room or electronic data processing equipment in the Premises, without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, (i) Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s 's desired use in order to supply such utilitiesuse, and (ii) Landlord shall supply such utilities to Tenant at a charge equal to Landlord's "actual cost" of such hourly cost to Tenant services (which "actual cost" shall not include any profit to Landlord but may include reasonable overhead, administration and depreciation charges), and (iii) Tenant shall pay such cost within ten (10) days after billing. (including designating specific contractors to perform such work). Tenant shall construct such Alterations and perform such repairs in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the city in which the Building is located, and in conformance with Landlord's construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be treated as Additional Rent) as Landlord done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall from time to time establishat all times be a complete unit except during the period of work. Landlord In performing the work of any such Alterations, Tenant shall have the exclusive right, but work performed in such manner as not to obstruct access to the obligation, to provide Building or the common areas for any additional services which may be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial serviceother tenant of the Building, and additional repairs and maintenanceas not to obstruct the business of Landlord or other tenants in the Building, or interfere with the labor force working in the Building. If Tenant requests makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such additional servicesAlterations, then and such other reasonable insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co- obligee. Upon completion of any Alterations, Tenant shall pay (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Building is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the Building management office a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord the cost evidence of such additional servicespayment, including Landlord’s standard fee contractors' affidavits and full and final waivers of all liens for its involvement with such additional serviceslabor, promptly upon being billed for sameservices or materials.

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consentconsent (which consent shall not be unreasonably withheld, conditioned or delayed): (i) use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may adversely affect the temperature otherwise maintained by the air conditioning system system; or (ii) materially increase the water (unless Tenant agrees to pay for such excess water) normally furnished for the normal office use for the Premises by Landlord pursuant to the terms of Section 6.1 6.1.3 above, it being acknowledged and agreed by Tenant that any water provided to the showers, toilets (which shall be “quiet tank” toilets), sinks and other facilities within any fitness, gym and/or locker rooms installed in the Premises (collectively, the “Shower/Fitness/Locker Room Facilities”) and/or to any cafeterias and/or dining rooms and the kitchen/food preparation areas therefor, other than small lunch rooms (collectively, the “Cafeteria/Kitchen Facilities”) shall be considered excess or non-normal office water usage for purposes of this LeaseSection 6.2.1, the cost of which shall be paid for by Tenant pursuant to the following provisions of this Section 6.2.1. Tenant further acknowledges and agrees that Tenant shall be solely responsible for providing, at Tenant’s expense, any hot or heated water for the Shower/Fitness/Locker Room Facilities, the Cafeteria/Kitchen Facilities and any other facilities or areas of the Premises where hot water is required (via tankless water heaters and/or insta-hot or similar non-water tanks heating systems approved by Landlord). If any such Shower/Fitness/Locker Room Facilities are installed in the Premises, Landlord shall permit Tenant, at Tenant’s expense (subject to Landlord’s contribution of the Tenant Improvement Allowance toward such costs in accordance with the provisions of the Tenant Work Letter, if applicable) and subject to Landlord’s reasonable approval of the plans and specifications therefor, to tie into the existing cold water loop on the floor of the Premises and the exhaust fan for the core restrooms on such floor as reasonably necessary for the operation of the Shower/Fitness/Locker Room Facilities. In addition to the foregoing restrictions, Tenant shall not use electricity in the Premises in excess of the capacity of the electricity feeders and risers serving the Premises. If Tenant uses water, electricity, heat or air conditioning water in excess of that supplied the quantities to be provided by Landlord pursuant to for normal office use as described hereinabove, or if Tenant’s consumption of electricity shall exceed five (5) xxxxx per rentable square foot of the Premises for connected electrical load of 120/208 voltage power equipment (exclusive of the Base Building HVAC System and the Building elevators) and one (1) watt per rentable square foot of the Premises for connected electrical load for 277/480 voltage power equipment, calculated on an average annualized basis for the Business Hours described in Section 6.1 of this Lease6.1.1 above, then: (A) Tenant shall pay to Landlord, upon within thirty (30) days after billing, Landlord’s actual cost to provide such excess consumption to Tenant, which actual cost may include (1) the actual cost of such excess consumptionconsumption payable to the applicable service provider, (2) the actual cost of the installation, operation, and maintenance of equipment (if any) which is installed in order to supply such excess consumption, and (3) the cost of the increased wear and tear and depreciation on existing equipment caused by such excess consumption, as reasonably determined by Landlord; and (B) Landlord may install devices to separately meter any increased use such excess use, and in such event Tenant shall pay the increased cost directly to Landlord, promptly following Landlord’s written demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation, and subject to the terms of Section 29.32, below, Tenant shall not install or use or permit the installation or use of any dedicated computer room or electronic data processing equipment in the Premises, without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. Landlord shall have the exclusive right, but not the obligation, to provide any additional services which may be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, and additional repairs and maintenance. If Tenant requests any such additional services, then Tenant shall pay to Landlord the cost of such additional servicesmetering devices within thirty (30) days after demand therefor (or Landlord may require Tenant to install such separate metering devices as part of the initial Tenant Improvements and/or Alterations if Landlord reasonably contemplates [after consultation with Tenant] that there will be such excess use, including such as for example, with respect to the Shower/Fitness/Locker Room Facilities and Cafeteria/Kitchen Facilities described hereinabove, and Tenant shall pay for the costs of such separate metering devices, subject to Landlord’s standard fee for its involvement contribution of the Tenant Improvement Allowance toward such costs in accordance with such additional servicesthe provisions of the Tenant Work Letter, promptly upon being billed for sameif applicable).

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, use heat-generating machines, machines (other than normal fractional horsepower office machinesmachines and supplemental HVAC/CRAC units existing as of the date of the Lease), or equipment or lighting other than Building building standard lights in the Premises, Premises which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the normal office use for the Premises by Landlord pursuant to the terms of Section 6.1 above. If such consent is given, Landlord (or Landlord’s property manager) shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of this Leaseinstallation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord or Landlord’s property manager within thirty (30) days after Tenant’s receipt of an invoice therefor. If Tenant uses water, electricity, heat water or air conditioning HVAC in excess of that supplied by Landlord (or Landlord’s property manager) pursuant to Section 6.1 above, or if Tenant’s consumption of this Leaseelectricity shall exceed seven (7) xxxxx connected load per usable square foot of the Premises, calculated on a monthly basis for the hours described in Section 6.1.1 above (the “Consumption Standard”), Tenant shall pay to Landlord (or Landlord, upon ’s property manager) within thirty (30) days after billing, (i) the cost of such excess consumption, including an administrative fee (not to exceed five percent [5%] of such cost), (ii) the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord (or Landlord’s property manager) may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, promptly following Landlord (or Landlord’s written property manager), within thirty (30) days after demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, maintaining and repairing such additional metering devices. Tenant’s use devices including an administrative fee (not to exceed five percent [5%] of electricity shall never exceed such cost), to cover the capacity of the feeders to the Project or the risers or wiring installation, and subject to the terms of Section 29.32, below, Tenant shall not install or use or permit the installation or use additional cost incurred by Landlord in keeping account of any dedicated computer room or electronic data processing equipment in the Premises, without the prior written consent of Landlordchilled water and/or electrical current so consumed. If Tenant desires to use heat, ventilation or air conditioning HVAC during hours other than those for which Landlord is obligated to supply such utilities HVAC pursuant to the terms of Section 6.1 of this Lease6.1.1 above, to the extent controls for such after-hours HVAC are not contained with the Premises, Tenant shall give Landlord such no less than one (1) hour prior noticenotice during Business Hours, if any, as Landlord shall from time to time establish as appropriateand no less than four (4) hours prior notice outside of Business Hours, of Tenant’s desired use in order and, to supply the extent such utilitiesservices may be provided without overloading the Building Systems and Equipment, and Landlord (or Landlord’s property manager) shall supply such utilities to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord (or Landlord’s property manager) shall from time to time reasonably establish; provided, that, in no event shall the hourly cost increase by an average of more than five percent (5%) per calendar year, calculated on a cumulative and compounded basis. Amounts payable by Tenant to Landlord (or Landlord’s property manager) for such use of additional utilities shall be deemed Additional Rent hereunder and shall be billed on a monthly basis. The after-hours HVAC usage cost is currently $75.00 per hour per zone, plus, if the HVAC system is not already running (e.g., if Tenant request after hours HVAC starting at 7:00 p.m. on a business day, no such start-up fee shall apply), a $150.00 start-up fee. In no event shall the HVAC usage cost charged to Tenant exceed the lowest rate charged by Landlord to other tenants at the Building. Landlord may increase (but not decrease) the hours or days during which HVAC is provided to the Premises and the Building to accommodate the usage by tenants occupying two-thirds or more of the rentable square feet of the Building or to conform to practices of other comparable first-class office buildings in the Los Angeles Central Business District (collectively, the “Comparable Buildings”), however, in such event, the Base Year Operating Expenses shall be adjusted to account for such increased hours. Landlord shall have not treat as additional water or electrical usage hereunder any level of water or electrical usage generally existing in the exclusive right, but Premises by Tenant as of the First Commencement Date which immediately prior to the First Commencement Landlord did not the obligation, to provide any additional services which may be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, and additional repairs and maintenance. If Tenant requests any such additional services, then Tenant shall pay to Landlord the cost of such additional services, including Landlord’s standard fee for its involvement with such additional services, promptly upon being billed for samegenerally treat as excess utility usage thereunder.

Overstandard Tenant Use. If Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machinesuse, or equipment desire to use, electricity, water, HVAC or lighting any other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished utilities for the Premises by Landlord pursuant (i.e., the Existing Premises or the Relocated Premises, as the case may be) in quantities that exceed the capacity of the equipment supplying the same to the terms of Section 6.1 of this Lease, If Tenant uses water, electricity, heat applicable Building or air conditioning that are in excess of that supplied by Landlord pursuant the quantities normally required for ordinary office use for premises in the Comparable Buildings, then, (i) subject to Section 6.1 of this Leaseapplicable law, and subject to Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed, Tenant shall, at Tenant’s sole cost and expense, install such supplemental equipment as may be reasonably required to provide such excess capacity, and (ii) Tenant shall pay to Landlord, upon billing, for the cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost of the any increased wear and tear on existing utility systems and equipment caused by such excess consumptionuse.”; and 6.11. with respect to Tenant’s existing maintenance and repair obligations set forth in the Lease, the following modifications shall be made: (i) the following shall be added following the phrase “all parts of the Premises” in the first sentence of Section 5.1 of the Lease “including any HVAC systems and equipment located in the Premises (i.e., the Existing Premises or the Relocated Premises, as the case may be) which exclusively serve the Premises (i.e., the Existing Premises or the Relocated Premises, as the case may be) (including any distribution equipment located within the Premises [i.e., the Existing Premises or the Relocated Premises, as the case may be] which provides for distribution of HVAC to the Premises [i.e., the Existing Premises or the Relocated Premises, as the case may be] from the applicable Building HVAC Unit, and any HVAC systems and equipment located in the Premises [i.e. the Existing Premises or the Relocated Premises, as the case may be] for the purpose of providing any supplemental HVAC exclusively to the Premises [i.e., the Existing Premises or the Relocated Premises, as the case may be] or to any server rooms located in the Premises [i.e., the Existing Premises or the Relocated Premises, as the case may be]), and all other systems and equipment located within the Premises (i.e., the Existing Premises or the Relocated Premises, as the case may be) that exclusively serve the Premises (i.e., the Existing Premises or the Relocated Premises, as the case may be)”; and Landlord may install devices to separately meter any increased use (ii) the following shall each be deleted and in such event Tenant shall pay the increased cost directly to Landlord, promptly following Landlord’s written demand, at the rates charged by the public utility company furnishing the same, including the cost of such additional metering devices. Tenant’s use of electricity shall never exceed the capacity no further force or effect: (A) Section 5.3 of the feeders to Lease; (B) the Project or the risers or wiring installation, and subject to the terms text “HVAC System,” in clause (1) of Section 29.32, below, Tenant shall not install or use or permit 17.1.3 of the installation or use Lease; and (C) clause (2) of any dedicated computer room or electronic data processing equipment in the Premises, without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms second (2nd) sentence of Section 6.1 19.3 of this the Lease, Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. Landlord shall have the exclusive right, but not the obligation, to provide any additional services which may be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, and additional repairs and maintenance. If Tenant requests any such additional services, then Tenant shall pay to Landlord the cost of such additional services, including Landlord’s standard fee for its involvement with such additional services, promptly upon being billed for same.

Overstandard Tenant Use. Tenant shall not, without Landlord’s 's prior written consent, : (i) use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or equipment; (ii) lighting other than Building standard lights set forth in the Premises, which Standard Improvement Package; (iii) allow occupancy of the Premises by more than one person for each 150 square feet of Rentable Area; or (iv) make any other use of the Premises that may affect the temperature otherwise maintained by the air heating, ventilating and air-conditioning system or increase installed by Landlord to service the water normally furnished for Building as described in Section 1.2.2 of the Tenant Work Letter. Landlord acknowledges that a portion of the Premises will be used as an electronics laboratory which will require the installation by Tenant of machines and/or equipment which may require the consent of Landlord pursuant to (i) of the terms preceding sentence. Landlord agrees that it shall not unreasonably withhold or delay such consent. Should Landlord consent to any such use, Landlord may make such modifications or additions to the Building systems or install such supplementary systems as Landlord, in its sole discretion, deems necessary as the result of Section 6.1 of this Lease, If Tenant uses water, electricity, heat or air conditioning in excess of that supplied such use. On billing by Landlord pursuant to Section 6.1 of this LeaseLandlord, Tenant shall pay to Landlordthe cost for such modifications additions and/or supplementary systems, upon billing, including the cost of such excess consumption, the cost of the (a) installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost of the equipment; (b) increased wear and tear on existing equipment caused by such excess consumptionequipment; and Landlord may install devices (c) other similar charges. Any modifications or additions to separately meter any increased use the VAV and in such event Tenant shall pay fan-powered terminal boxes located within the increased cost directly to Landlord, promptly following Landlord’s written demand, at Premises required as the rates charged by the public utility company furnishing the same, including the cost result of such additional metering devicesuse shall be done by Tenant at its sole cost and expense. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to serving the Project Building and Premises or the risers or wiring installation, and subject to the terms of Section 29.32, below, Tenant shall not install or use or permit the installation or use of any dedicated computer room or electronic data processing equipment in the Premises, without the prior written consent of Landlord. If Tenant desires wishes to use heat, ventilation ventilation, or air air-conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of under Section 6.1 of this Lease11.1, Tenant shall give Landlord such prior notice, if any, notice as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order and Landlord shall endeavor to supply such utilities, and Landlord shall supply such utilities services to Tenant at such an hourly cost to Tenant (which as shall be treated as Additional Rent) as calculated to reimburse Landlord shall from time to time establish. Landlord shall have the exclusive right, but not the obligation, to provide any additional services which may be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, and additional repairs and maintenance. If Tenant requests any such additional services, then Tenant shall pay to Landlord for the cost of such supplying same without profit to Landlord. Amounts payable by Tenant to Landlord under this Section 11.2 for use of additional services, including Landlord’s standard fee for its involvement with such additional services, promptly upon being utilities shall be considered Additional Rent under this Lease and shall be billed for sameon a monthly basis.

Overstandard Tenant Use. Tenant shall not, without Landlord’s 's prior written consent, which consent shall not be withheld unless a Design Problem exists, install and thereafter use in the Premises any heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which do not exist in the Premises as of the date of this Lease, and which may adversely and materially affect the temperature otherwise maintained by the air conditioning HVAC system or significantly increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease. If such consent is given, Landlord shall have the right to install supplementary HVAC units or other facilities in the Premises, including supplementary or additional metering devices, and the reasonable, actual cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges (without profit or overhead), shall be paid by Tenant to Landlord within thirty (30) days of receipt of written notice (including a reasonably particularized statement therefor). If Tenant uses water, electricity, heat water or air conditioning HVAC in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant's consumption of electricity shall exceed the greater of (i) four (4) xxxxx per usable square foot of the Premises, or (ii) the average xxxxx per usable square foot of the Premises used in June 2008, each calculated on a monthly basis for the Business Hours described in Section 6.1.1 above (the "Consumption Standard"), Tenant shall pay to Landlord, upon billingwithin thirty (30) days of receipt of written notice (including a reasonably particularized statement therefor), all costs reasonably incurred by Landlord in connection with the cost provision of such excess consumption, the cost of consumption and the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost of the as such costs are reasonably determined by Landlord, including a reasonable amount attributable to increased wear and tear on existing equipment caused by such excess consumptionconsumption (but without overhead or profit); and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased actual cost directly to Landlord, promptly following Landlord’s within five (5) business days of receipt of written demand, at the rates charged by the public utility company furnishing the samenotice (including a reasonably particularized statement therefor), including the cost of such additional metering devicesdevices in the event such metering devices indicate that there has been excess consumption. Notwithstanding the foregoing to the contrary, Tenant is currently charged for electricity consumption for certain of Tenant’s use of electricity shall never exceed 's equipment located on the capacity 39th floor portion of the feeders Premises and Tenant's Current Roof Top Sign pursuant to the Project or the risers or wiring installationa separate meter, and subject shall continue to be charged separately for the terms usage of Section 29.32, below, Tenant shall not install or use or permit the installation or use of such electricity (including any dedicated computer room or electronic data processing equipment electricity used by a Modified New Roof Top Sign) in the Premises, without the prior written consent of Landlorda similar manner. If Tenant desires to use heat, ventilation or air conditioning HVAC during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, non-Business Hours: (A) Tenant shall (until such time as the Automated After-Hours HVAC System [as defined below} is installed as provided herein below) give Landlord such reasonable prior notice, if any, as Landlord shall from time to time establish as appropriate, notice of Tenant’s Ten ant's desired use in order to supply such utilities, use; and (B) Landlord shall supply such utilities non-Business Hours HVAC to 804296.08/LAH4321-047/10-7-08/nng/law -00- XXXXX XXXX XXXXX[Xxxxx Xxxx Lease] Tenant on a full floor basis at an hourly rate payable by Tenant to Landlord equal to Landlord's actual, out-of-pocket expenses of providing such non-Business Hours HVAC, without overhead or profit, and without the inclusion of a "start up" fee for turning on the HVAC system in connection with such non-Business Hours HVAC use (i.e., Landlord will only charge Tenant for each hour that the mechanical and chilled water systems required to provide such non-Business Hours HVAC are turned on). Notwithstanding the foregoing, during the calendar year 2008, shall such hourly cost rate shall in no event exceed Ninety-Six Dollars ($96.00) per hour per floor, which $96.00 rate cap shall be reduced to Sixty-Five Dollars (S65.00) per hour per floor for non-Business Hours HVAC provided by Landlord, at Tenant's request, to at least four (4) floors of the Premises to the extent ordered by Tenant and provided by Landlord at the same time (such $65.00 cap rate shall apply to each such floor of the Premises for which such 4-floor minimum requirement is met, as well as to each other floor of the Premises for which non-Business Hours HVAC is provided by Landlord at the same time). Amounts payable by Tenant to Landlord for such use of additional utilities shall be deemed Additional Rent hereunder and shall be billed on a monthly basis. Landlord may increase the hours or days during which HVAC are provided to the Premises and the Building to accommodate the usage by tenants occupying two-thirds or more of the rentable square feet of the Building or to conform to practices of the Comparable Buildings. Notwithstanding anything in the foregoing to the contrary: (1) on or prior to the Extended Term Commencement Date, Landlord shall install, at its expense (which installation costs shall not be treated as Additional Rentincluded in Operating Expenses), an automated telephone system (the "Automated After-Hours HVAC System") as via which Tenant can request Tenant's desired after-hours HVAC use (on a full floor basis); and (2) Landlord shall from time not treat as additional water or electrical usage hereunder any level of water or electrical usage generally existing in the Premises by Tenant as of the Lease Commencement Date which immediately prior to time establish. the termination of the Existing Leases (as defined in Article 22 below) Landlord shall have the exclusive right, but did not the obligation, to provide any additional services which may be required by Tenant, including, without limitation, locksmithing, lamp replacement, additional janitorial service, and additional repairs and maintenance. If Tenant requests any such additional services, then Tenant shall pay to Landlord the cost of such additional services, including Landlord’s standard fee for its involvement with such additional services, promptly upon being billed for samegenerally treat as excess utility usage thereunder.