on Saturdays. Subject to the provisions of subsection 16.08 hereof, Landlord agrees that during the term of this lease there shall be four (4) passenger elevators servicing the Premises initially demised to Tenant during Business Hours and passenger elevator service between the hours of 8:00 a.m. and 1:00 p.m. on Saturdays, which elevators shall be contained in one (1) elevator bank exclusively serving floors fifteen (15) through twenty (20) of the Building. At least two of such passenger elevators in such elevator bank shall be subject to call between the hours of 6 p.m. and 10 p.m. on Business Days, and at least one of such passenger elevators in such elevator bank shall be subject to call at all other times. Subject to the provisions of Section 16.08, Landlord agrees that during the term of this lease there shall be at least two freight elevators serving the Building which, subject to this Section 16.07, shall also serve the Premises. Freight elevator service shall also be provided to each floor of the Premises at all other times, upon the payment to Landlord of Landlord's Actual Freight Costs (as such term is hereinafter defined). For purposes hereof, the term "Landlord's Actual Freight Costs" shall mean sum of (x) the cost to Landlord of any wages paid to a dedicated loading dock guard that is required in connection with the use of such freight elevator and (y) the cost to Landlord of any wages paid to an elevator operator that is required to operate the freight elevator. Landlord represents that on the Commencement Date the freight elevators will be in good working order. Landlord covenants that the passenger elevators and freight elevators will be operated and maintained in a manner consistent with the operation and maintenance of elevators in other first-class office Buildings in Manhattan. The use of all elevators shall be nonexclusive (except as provided herein) and shall be subject to the Rules and Regulations. Tenant may reserve time for the use of any of the freight elevators of the Building upon not less than four hours' prior request to Landlord for such use after 6:00 P.M. on Business Days and upon not less than 24 hours' prior request for such use for all other periods (which requests need not be in writing), subject to the rights of other tenants of the Building to similarly reserve such use on a "first come first serve" basis.
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on Saturdays. Subject If Tenant occupies the Premises after Normal Business Hours, Tenant shall reimburse Landlord for the increased expenses of providing utilities and other services necessary to operate the provisions Building during such hours, including but not limited to, increased expenses for heating, air conditioning, security service, Building employees, overtime and any unusual janitorial service. Normal electrical consumption on the Premises is as follows: (i) electricity drawn from Building standard receptacles and Building standard lighting: 4.0 ▇▇▇▇▇ per rentable square foot in the Premises per hour; and (ii) Building standard heating, ventilating and air conditioning electrical consumption: 4.0 ▇▇▇▇▇ per rentable square foot in the Premises per hour. No other tenant of subsection 16.08 hereofthe Building shall be given more power without charge. Landlord shall cause separate meter(s) to be installed, at Landlord's option and expense, to measure the electricity consumed in the Assembly Space and Tenant shall pay to Landlord as Additional Rent any electricity consumed in the Assembly Space in excess of normal electrical consumption as described in the immediately prior sentence. Any amount of electricity in excess of such amounts consumed on the Premises shall be paid for by Tenant. Landlord reserves the right to hire a consulting utility engineer to determine consumption on the Premises or to install submeters to determine electrical consumption on the Premises at the expense of Landlord. A master meter if desired by Tenant may be installed at Tenant's expense. Landlord shall have access to such metering devices at all reasonable times and shall prepare a separate monthly statement of the utilities used by such equipment based on the utility rates established from time to time by the public utility furnishing such service. Tenant shall pay the amounts shown on such statements to Landlord within ten (10) days of receipt. Should Tenant fail to promptly pay for such service, Landlord agrees that during the term of this lease there shall be four (4) passenger elevators servicing the Premises initially demised to Tenant during Business Hours and passenger elevator service between the hours of 8:00 a.m. and 1:00 p.m. on Saturdaysmay discontinue furnishing such service, which elevators shall not be contained in one deemed an eviction (1actual or constructive) elevator bank exclusively serving floors fifteen (15) through twenty (20) or a disturbance of the Building. At least two Tenant's possession, use and quiet enjoyment of such passenger elevators in such elevator bank shall be subject to call between the hours of 6 p.m. and 10 p.m. on Business Days, and at least one of such passenger elevators in such elevator bank shall be subject to call at all other times. Subject to the provisions of Section 16.08, Landlord agrees that during the term of this lease there shall be at least two freight elevators serving the Building which, subject to this Section 16.07, shall also serve the Premises. Freight elevator service Tenant agrees that Landlord shall also not be provided liable for damages resulting from such discontinuance, nor shall Tenant be relieved from the performance of any of its covenants or obligations under this Lease. Landlord, by furnishing any of the above services, shall not be deemed to each floor have warranted the same to be free from any interruption or discontinuance that is beyond the reasonable control of the Landlord or which may result from occasional damage or malfunctions of equipment or distribution facilities. Any such interruption or discontinuance shall not constitute an eviction (actual or constructive) or a disturbance of Tenant's possession, use or quiet enjoyment of the Premises. Tenant agrees that Landlord shall not be liable for damages resulting from any such interruption or discontinuance, nor shall Tenant be relieved of the performance of any of its covenants or obligations under this Lease; provided, however, that if such interruption or discontinuance is within the reasonable control of Landlord and continues for more than 5 business days, then rent shall ▇▇▇▇▇ in proportion to the area of the Premises at all other times, upon the payment to Landlord of Landlord's Actual Freight Costs (as made unusable by such term interruption until such service is hereinafter defined). For purposes hereof, the term "Landlord's Actual Freight Costs" shall mean sum of (x) the cost to Landlord of any wages paid to a dedicated loading dock guard that is required in connection with the use of such freight elevator and (y) the cost to Landlord of any wages paid to an elevator operator that is required to operate the freight elevator. Landlord represents that on the Commencement Date the freight elevators will be in good working order. Landlord covenants that the passenger elevators and freight elevators will be operated and maintained in a manner consistent with the operation and maintenance of elevators in other first-class office Buildings in Manhattan. The use of all elevators shall be nonexclusive (except as provided herein) and shall be subject to the Rules and Regulations. Tenant may reserve time for the use of any of the freight elevators of the Building upon not less than four hours' prior request to Landlord for such use after 6:00 P.M. on Business Days and upon not less than 24 hours' prior request for such use for all other periods (which requests need not be in writing), subject to the rights of other tenants of the Building to similarly reserve such use on a "first come first serve" basisrestored.
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Sources: Office Lease (Stereotaxis, Inc.)