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Owner may impose a reasonable charge for any utilities and services, including, without limitation,
<br />air-conditioning, electric current and water, required to be provided by Owner by reason of any sub-
<br />stantial recurrent use of the Premises at any time other than the hours at 8 a.m. to 5 p.m., Monday
<br />through Friday and 8 a.m. to 12 noon on Saturday, or any use beyond what Owner agrees to furnish as
<br />described above, or special electrical, cooling and ventilating needs created in certain areas by
<br />hybrid telephone equipment, computers and other similar equipment or uses. At Owner's option, sepa-
<br />rate meters for such utilities and services may be installed for the Premises, and Tenant, upon
<br />demand therefor, shall pay Owner for the installation, maintenance and repair of such meters.
<br />Tenant agrees to cooperate fully at all times with Owner and to abide by all regulations and
<br />requirements which Owner may prescribe for the use of the above utilities and services. Any failure
<br />to pay any excess costs as described above shall constitute a breach of the obligation to pay rent
<br />under this lease and shall entitle Owner to the rights granted in this Lease for such breach.
<br />Owner shall not be in breach of its obligations under this Article unless Owner fails to make
<br />repairs or perform maintenance which it is obligated to perform hereunder and such failure persists
<br />for an unreasonable time after written notice of the reed for such repairs or maintenance is given
<br />to Owner by Tenant. Nor shall Owner be liable for injury to persons or loss of or damage to fix-
<br />tures, equipment or other personal property, however occurring, resulting from a failure to repair
<br />or maintain, unless caused by such failure having persisted for an unreasonable time (after written
<br />notice of the need for such repairs or maintenance is given to Owner by Tenant) and through no fault
<br />of Tenant. In no event shall any such failure to rerepair or maintain on the part of Owner be corr-
<br />strued as a constructive or actual eviction of Tenant or entitle Tenant to any abatement or redur
<br />tion of rent. Owner shall not be liable for (and Tenant shall not be entitled to any abatement or
<br />reduction.of rent by reason of) Owner's failure to furnish any of the foregoing when such failure is
<br />caused by shortages, black -outs, accidents, breakage, repairs, strikes, lockouts or other labor dis-
<br />turbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond
<br />the reasonable control of Owner, nor shall such failure under such circumstances be construed as a
<br />constructive or actual eviction of Tenant.
<br />Tenant shall not, without the prior written consent of Owner, use any apparatus or device in the
<br />Premises (including but not limited to electronic data processing machines, punch card machines and
<br />machines using current in excess of 110 volts) which will in any way increase the amount of elec-
<br />tricity or water normally furnished or supplied for use of the Premises as general office space, nor
<br />shall Tenant connect with electric current (except through existing electrical outlets in the Pre-
<br />mises, or water pipes, if there are any) any apparatus or device for the purpose of using electric
<br />current or water. If Tenant shall require water or electric current in excess of that usually furor
<br />ish d or supplied for use of the Premises as general office space, Tenant shall first procure the
<br />written consent of Owner to the use thereof, and Owner may cause a water meter or electric current
<br />meter to be installed, so as to measure the amount of water and electric current consumed for any
<br />such other use. The cost of any such meters and of installation, maintenance and repair thereof
<br />shall be paid for by Tenant, and Tenant agrees to pay Darer, promptly upon demand, for all such
<br />water and electric current consumed as shown by said meters, at the rates charged for such services
<br />by the jurisdiction in which the Building is located or by the local public utility furnishing the
<br />same, whichever the case may be, plus any additional expense incurred in keeping account of the
<br />water and electric current so consumed.
<br />Notwithstanding anything hereinabove to the contrary, Omer reserves the right from time to time to
<br />make reasonable and nondiscriminatory modifications to the above standards for utilities and ser-
<br />vices.
<br />ARTICLE 9. COMPLIANCE WM LAWS AMID RESTRIMCN5.
<br />Tenant shall not use the Premises in any way (or permit or suffer anything to be done on or about
<br />the Premises which will conflict with any law, statute, ordinance or governmental rule or regulation
<br />or any covenant, condition or restriction {whether or not of public record) affecting the Property,
<br />now in force or which may hereafter be enacted or promulgated, Tenant shall, at its sole cost and
<br />expense, promptly comply with (a) all laws, statutes, ordinances, and governmental rules and regula-
<br />tions now in force or which may hereafter be in force, (b) all requirements, covenants, conditions
<br />and restrictions, now in force or which may hereafter be in force, and (c) all requirements (now in
<br />force or which may hereafter be in force) or any board or fire underwriters or other similar body
<br />now or hereafter constituted relating to or affecting the condition, use or occupancy of the Pre-
<br />mises, excluding structural charges to the Premises not related to or affected by Tenant's improve-
<br />ments, acts or use of the Premises. The judgment of any court of competent jurisdiction or the
<br />admission by Tenant in any action against Tenant, whether Owner be a party thereto or not, that
<br />MAR 1988
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