Utility Expenses. (a) Tenant shall pay the cost of all water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone and all materials and services or other utilities of any kind or nature (collectively, "Utilities") billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by a utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with energy conservation programs reasonably implemented by Landlord by reason of rationing, restrictions or Laws. (b) Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
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Utility Expenses. (a) Tenant shall pay the cost of all water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone and all materials and services or other utilities of any kind or nature (collectively, "UtilitiesUTILITIES") billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by a utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with energy conservation programs reasonably implemented by Landlord by reason of rationing, restrictions or Laws.
(b) Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project.
(c) Without limiting the terms of Paragraph 5(a) above, Tenant acknowledges that Landlord has contracted with Pacific Gas & Electric Company to provide electricity for the Building, and that Landlord reserves the right to change the provider of such service at any time and from time to time in Landlord's sole discretion (any such provider being referred to herein as the "ELECTRIC SERVICE PROVIDER"). Tenant shall obtain and accept electrical service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electrical service for or with respect to the Premises or Tenant's operations therein from any provider of electrical service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other similar arrangement with the Electric Service Provider for the provision of electrical service to Tenant at the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including without limitation allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (a) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (b) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. Tenant shall provide such information and specifications regarding Tenant's use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider :to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including without limitation loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease. Notwithstanding anything to the contrary contained in this Paragraph 5(c), if the Premises are separately metered for electrical service and Tenant is permitted under applicable Laws (as hereinafter defined) to select a electric service provider to provide electrical service to the Premises, then Tenant shall not be required to obtain electrical service from Landlord's Electric Service Provider and Tenant may select any qualified electric service provider to provide electrical service to the Premises. Tenant shall be solely responsible for the maintenance, repair and replacement of equipment and facilities required by Tenant's electrical service provider.
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Utility Expenses. (a) Tenant shall pay the cost of all water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-pick- up, janitorial service, telephone and all materials and services or other utilities of any kind or nature (collectively, "Utilities") billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with reasonable energy conservation programs reasonably implemented by Landlord by reason of rationing, restrictions or Laws.
(b. Subject only to the terms of Paragraph 5(c) below, Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No Subject only to Paragraph 5(c) below, no temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project. Notwithstanding the terms of Paragraph 5(b) above, in the event that, during the Term, there is an actual failure or interruption of Utilities serving the Premises, which failure or interruption results from the gross negligence of Landlord in the performance of Landlord's duties under this Lease or the willful misconduct of Landlord or Landlord's Agents and if, as a result of such failure or interruption, Tenant is unable to conduct business operations in the Premises for a period in excess of five (5) consecutive business days, then Tenant's obligation to pay Base Rent shall be abated on a proportionate basis (based upon the proportion of the Premises in which Tenant is unable to conduct business operations) commencing on the sixth (6th) consecutive business day and continuing until the earlier of the date on which the applicable service has been restored to the Premises or the date on which Tenant is able to conduct business operations in the affected portion of the Premises. Nothing contained herein shall be construed to entitle Tenant to damages (whether consequential, punitive or otherwise) against Landlord, UBS or Landlord's property manger as the result of the failure or interruption of Utilities. Tenant acknowledges that Tenant is solely responsible for the provision of Utility services to the Premises and that nothing contained in this Paragraph 5(c) shall be construed to shift the responsibility for the provision of Utility services to Landlord. Nothing contained in this Paragraph 5(c) or in Paragraph 17(a) below shall constitute a waiver of any rights Tenant might have against any independent contractor retained by Landlord who causes an actual failure or interruption of Utilities serving the Premises.
Appears in 1 contract
Samples: Lease Agreement (Cepheid)
Utility Expenses. SECTION 6.1 For electrical loads fed by way of an electrical panel or power distribution unit (a"PDU") exclusively serving all or any part of the Premises ("Metered Direct Electric Loads"), Landlord, at its sole cost and expense, shall install and maintain one (1) or more meters or submeters to measure the electricity associated therewith. For electrical loads fed by way of electrical panels not exclusively serving all or any part of the Premises, Landlord shall reasonably estimate on a monthly basis the electrical usage associated therewith attributable to all or any part of the Premises ("Unmetered Direct Electric Loads"). Tenant shall be billed directly by Landlord as Additional Rent for all electricity associated with Metered Direct Electric Loads and Unmetered Direct Electric Loads (the sum of which shall be defined as "Aggregate Direct Electric Loads") in a manner consistent in all material respects with the then manner of billing for electrical service provided by the local electric utility company (currently *) and in accordance with the then applicable pricing structures and rate schedules as filed by such utility with the applicable Governmental Authority as amended from time to time. Landlord and Txxxxx agree that in no event will electrical billing be a profit center for Landlord and that under all circumstances Tenant shall fully compensate Landlord for all utility expenses directly or indirectly incurred by Landlord in connection with Txxxxx's occupancy of the Premises.
SECTION 6.2 Notwithstanding the foregoing, if metering equipment used to meter all or part of the Premises is installed in such a manner so as to not capture electricity usage or losses associated with transformers, wiring, panels, UPS systems and/or power distribution units residing upstream of such metering equipment and downstream of the meter at which the local utility measures Building electrical usage ("System Efficiency Losses"), Landlord shall have a right to add an amount reasonably determined by Landlord to Tenant's Aggregate Direct Electric Loads sufficient to compensate Landlord for actual System Efficiency Losses attributable to Tenant's Aggregate Direct Electric Loads.
SECTION 6.3 Tenant shall pay a proportionate share of all Ancillary Utility Costs which proportionate share shall be a fraction expressed as a percentage, the numerator of which shall be Tenant's Aggregate Direct Electric Loads and the denominator of which shall be the sum of the Aggregate Direct Electric Loads for all of the tenants then operating in the Building.
SECTION 6.4 Tenant shall have the right to audit Landlord's determination of System Efficiency Losses and Ancillary Utility Costs once in any twelve (12) month period as to the prior twelve (12) months and if it is reasonably determined that Landlord has overcharged Tenant for any such System Efficiency Losses by more than $* during the prior twelve (12) month period then Landlord shall give Tenant a credit against Additional Rent for such overcharge.
SECTION 6.5 For the purpose of proper load balancing on Core Building Systems, within five (5) days after the end of any month during which Tenant has installed, removed or modified any power circuits, Tenant shall provide Landlord with a report as to: (i) the number, voltage and amperage of all power circuits installed in the Premises during the prior month and the date of each such installation and (ii) the total number, voltage and amperage of all installed circuits in the Premises as of the beginning and end of such month. Landlord shall have the right to audit such reports (or the failure to make such a report) itself or using an independent consultant from time to time and shall have reasonable access to the Premises and reasonable cooperation from Tenant to perform any such audit. If any such audit shall show that Tenant has incorrectly reported or failed to report any such information then within thirty (30) days Tenant shall pay as the Additional Rent: (i) the cost of all water, sewer use, sewer discharge fees utilizing such amount and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone and all materials and services or other utilities the cost of any kind or nature (collectively, "Utilities") billed or metered separately damage caused thereby retroactive to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added date installed; (ii) the late charge thereon pursuant to or included within such cost. Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by a utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building and/or the ProjectSection 1.5, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason (iii) the cost of any such rationing or restrictions. Tenant agrees to comply with energy conservation programs reasonably implemented by Landlord by reason of rationing, restrictions or Lawsaudit.
(b) Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, SECTION 6.6 Any delay or failure of Utilities due Landlord in computing or billing for the rent adjustment in this Leaseabove provided shall not constitute a waiver of or in any way impair the continuing obligation of Tenant to pay such rent adjustment hereunder. Notwithstanding any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure termination of such services incident this Lease prior to the making of repairsExpiration Date, alterations, improvements, or due Txxxxx's obligation to accident, strike, or conditions or other events pay Additional Rent under this Article shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event continue and shall Landlord be liable to Tenant for any damage cover all periods up to the Premises Expiration Date and shall survive any expiration or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow termination of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Projectthis Lease.
Appears in 1 contract
Samples: Lease Agreement (Athenahealth Inc)
Utility Expenses. (a) Tenant shall pay the cost of all water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial service, telephone and all materials and services or other utilities of any kind or nature (collectively, "“Utilities"”) billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant shall be responsible for arranging for janitorial service and all Utilities furnished to the Premises. Tenant acknowledges that the Premises, the Building Buildings and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building Buildings and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with energy conservation programs reasonably implemented by Landlord by reason of rationing, restrictions or Laws.
(b) Subject to Paragraph 16(b) below, Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or or, subject to Paragraph 5(c) below, relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the BuildingBuildings, or the Project.
(c) Notwithstanding the terms of Paragraph 5(b) above, but subject in each instance to Force Majeure Events, if any Utilities are interrupted for seven (7) consecutive business days through no fault or negligence of Tenant or Tenant’s Agents, and if such interruption results in a material interference with Tenant’s use of or access to the Premises, Tenant shall be entitled to an abatement of Base Rent commencing on the eighth (8th) day of the interruption and continuing until the service is restored, but only to the extent Landlord collects proceeds under its policy of rent-loss insurance and such proceeds are allocable to the Premises. During any interruption of Utilities, the parties shall use commercially reasonable efforts to restore the services as soon as possible.
Appears in 1 contract
Samples: Lease Agreement (Kyphon Inc)
Utility Expenses. (a) Tenant shall pay the cost of all water, sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial serviceservice (including, without limitation, exterior and interior window washing), telephone and all materials and services or other utilities of any kind or nature (collectively, "UtilitiesUTILITIES") billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by - - - - - - - - Confidential Treatment Requested. Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with energy conservation programs reasonably implemented by Landlord by reason of rationing, restrictions or Laws.
(b) Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project, unless caused by Landlord's gross negligence or willful misconduct.
Appears in 1 contract
Samples: Lease Agreement (Corixa Corp)
Utility Expenses. (a) Tenant shall pay the cost of all water, ; sewer use, sewer discharge fees and permit costs and sewer connection fees, gas, heat, electricity, refuse pick-up, janitorial serviceservice (including, without limitation, exterior and interior window washing), telephone and all materials and services or other utilities of any kind or nature (collectively, "Utilities") billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant acknowledges that the Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with energy conservation programs reasonably implemented by Landlord by reason of rationing or restrictions. Tenant agrees to comply with energy conservation programs implemented by Landlord by reason of rationing, restrictions or Laws.
(b) Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project, unless caused by Landlord's gross negligence or willful misconduct.
Appears in 1 contract
Samples: Lease Agreement (Corgentech Inc)
Utility Expenses. (a) Tenant shall pay the cost of all water, sewer use, sewer discharge fees and fees, permit costs and costs, sewer connection fees, gas, water, heat, electricity, refuse pick-up, janitorial service, telephone and all materials and services or other utilities of any kind or nature (collectively, "“Utilities"”) billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Tenant acknowledges that the shall also be directly responsible for any nonstandard usage of electricity. The Premises, the Building and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges , and agrees that its tenancy and Tenant’s occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building and/or the Project, and . Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to shall comply with energy conservation programs reasonably implemented by Landlord by reason of rationing, restrictions or Laws.
(b) Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable Laws permitting the termination of this Lease due to such failure or interruption.
(c) Landlord makes no representation with respect to the adequacy or fitness of the air-conditioning, insulation, or ventilation equipment in the Building to maintain temperatures which may be required for, or because of, any equipment of Tenant or occupancy level. Landlord shall have no liability for loss or damage in connection therewith. Any supplementary air-conditioning, insulation, or ventilation equipment required for Tenant’s needs shall be at Tenant’s sole expense.
(d) Without limiting the terms of Paragraph 5(a) above, Landlord has contracted with Pacific Gas & Electric Company to provide electricity for the Building, and Landlord reserves the right to change the provider of such service at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”); provided that if Landlord elects to switch the Electric Service Provider, it must select one that provides electricity at commercially competitive prices and with a high level of service in providing a consistent level of electrical output with rare interruptions. Tenant shall obtain and accept electrical service for the Premises only from and through Landlord, in the manner and to the extent expressly provided in this Lease, at all times during the Term of this Lease, and Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electrical service for or with respect to the Premises or Tenant’s operations therein from any provider of electrical service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other similar arrangement with the Electric Service Provider for electrical service to Tenant at the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including, without limitation, allowing Landlord and the Electric Service Provider, and their respective agents, employees, and contractors, (A) to install, repair, replace, improve and remove any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (B) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time. Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for any loss, damage, expense or liability, including, without limitation, loss of business or consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease.
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