EXHIBIT "F"
<br />SERVICES AND UTILITIES
<br />The services and utilities to be provided by Landlord are as follows:
<br />Elevator Service. Non -attended automatic elevator service.
<br />2 HVAC. Subject to all governmental Laws, rules, regulations and guidelines applicable thereto, HVAC to the Premises during Business
<br />Hours (defined below), which in Landlord's good faith judgment, is required for the comfortable use and occupancy of the Premises for general
<br />office use. After Hours HVAC (defined below) may be provided to the Premises upon request by Tenant. Tenant shall pay to Landlord the After
<br />Homs HVAC Rate (defined below) for all After Hours HVAC that is so requested by Tenant within ten (10) days of receipt of Landlord's reasonably
<br />detailed bill therefor. Tenant shall be responsible for and shall pay to Landlord any additional costs incurred by Landlord because of the failure of
<br />the HVAC system to perform its function due to: (a) arrangement of partitioning in the Premises or changes or alterations thereto, (b) any use by
<br />Tenant in any portion of the Premises of heat -generating machinery or equipment other than normal office equipment, or (e) any occupancy of any
<br />portion of. the Promises at densities above customary general office levels. `Business Hours" means 6:00 AM. to 6:00 P.M. Monday through Friday,
<br />and upon Tenant's request, 9:00 AM. to 1:00 P.M. on Saturdays, in all cases excluding the date of observation of any Holiday (defined below).
<br />"Holiday" means each of New Year's Day, Independence Day, Labor Day, Memorial Day, Thanksgiving Day, and Christmas Day, and at Landlord's
<br />discretion, any other state or nationally recognized holiday that is selected by Landlord acting consistently with Institutional Owner Practices. "After
<br />Hours HVAC" means any -HVAC that is provided to all or any portion of the Premises at the request of Tenant outside of Business Hours. The
<br />"After Hours HVAC Rate" means the Landlord's prevailing charges for supplying After Hours HVAC to the Premises, which as of the Effective
<br />Date is $65.00 per zone (or partial zone), per hour (or partial hour), subject to a two (2) hour minimum.
<br />Electricity.
<br />3.1 At all reasonable times, electric current as required for Building Standard lighting and fractional horsepower office machines and
<br />adequate electrical facilities for connection to the lighting fixtures and incidental use equipment of Tenant; provided that Tenant shall be responsible
<br />for distribution of electrical power from the electrical panels located on the floor(s) of the building on which the Premises is located. Subject to
<br />Section 3.3 of this Exhibit "F": (a) the electricity so furnished for Tenant's incidental use equipment to be at a nominal one hundred twenty (120)
<br />volts and with no electrical circuit for the supply of such. equipment to require a current capacity exceeding twenty (20) amperes and (b) the
<br />electricity so furnished for Tenant's lighting to be at a nominal one hundred twenty (120) volts and with no electrical circuit for the supply of such
<br />lighting to require a current capacity exceeding twenty (20) amperes.
<br />3.2 Notwithstanding any provision of this Lease to the contrary: (a) Tenant covenants that its use of electric current shall never
<br />exceed the capacity of the feeders, risers or electrical installations of the Building or the Project, (b) the total connected electrical load for Tenant's
<br />incidental use equipment within the Premises shall in no case exceed Landlord's per usable square foot standard, and (c) the total connected electrical
<br />load for Tenant's lighting fixtures within the Premises shall in no case exceed Landlord's per usable square foot standard. In addition, if Tenant's
<br />actual consumption of electrical power in the Premises, as determined in good faith by Landlord pursuant to such measurement method or methods as
<br />Landlord shall employ from time to time (including, without limitation, the use of submeters and/or pulse meters, electrical surveys and/or engineer's
<br />estimates) exceeds the Electrical Power Consumption Threshold (defined below), Tenant shall pay to Landlord, as Additional Rent in addition to
<br />those costs otherwise payable by Tenant pursuant to Article 4 the sum of. (i) Landlord's actual direct and indirect costs of supplying such excess
<br />consumption, including, without limitation, all taxes thereon, and the cost of additional wear on Building Systems resulting from such excess
<br />consumption, (ii) all of Landlord's costs of monitoring and measuring such excess consumption and (iii) Landlord's reasonable administration fee
<br />thereon. The "Electrical Power Consumption Threshold" means, for any reasonable calculation period determined by Landlord, the Landlord's
<br />nondiscriminatory per usable square foot standard for electrical consumption (which is intended to represent the average rate of consumption (a kW
<br />per usable square foot basis) during Business Hours, of an average general office tenant of the Building).
<br />3.3 Without Landlord's consent, Tenant shall not install, or permit the installation, in the Premises of any lighting, computers, word
<br />processors, electronic data processing equipment or other type of equipment or machines which (a) will require a voltage other than a nominal t20
<br />volts or require a current capacity exceeding twenty (20) amperes or (b) will increase Tenant's use of electric current in excess of that which
<br />Landlord is obligated to provide pursuant to this Section 3 of this Exhibit "F" ("Excess Electrical Requirements"). If Tenant shall require or utilize
<br />Excess Electrical Requirements or electric current which may disrupt the provision of electrical service to other tenants in the Building or the Project,
<br />Landlord, at its election: (i) may refuse to grant its consent or (ii) may condition its consent upon Tenant's payment in advance of Landlord's total
<br />direct and indirect cost (including, without limitation, a reasonable administration fee) of designing, installing, maintaining and providing any
<br />additional facilities determined by Landlord to be required to satisfy such Excess Electrical Requirements (or otherwise related to the additional wear
<br />on Building Systems associated therewith). If Tenant's increased electrical requirements will materially affect the temperature level in the Premises
<br />or in the Building, Landlord's consent may be conditioned upon Tenant's payment of all direct and indirect costs of installation and operation of any
<br />machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, including, but not limited
<br />to, the cost of modifications to the Building Systems and increased wear and tear on existing HVAC equipment. Landlord shall not, in any way, be
<br />liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord's
<br />reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements.
<br />Water. City water for drinking and rest room purposes.
<br />5 Janitorial Service. Janitorial and cleaning services, five (5) days per week (excepting Holidays), conforming to the Project standards in
<br />effect from time to time; provided that Landlord shall have no obligation to provide such services to any portions of the Premises that are not used
<br />exclusively for general office purposes. In all events, Tenant shall pay to Landlord the cost of removal of Tenant's refuse and rubbish, to the extent
<br />that the same exceeds the refuse and rubbish attendant to normal office usage and/or to the extent that Tenant fails to keep the Premises in reasonable
<br />order.
<br />801 iV Cldc Center Or—City of Santa Arta Lease -I- Exhibit F
<br />25B-46
<br />
|