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end of that calendar month is to be prorated over the actual number of days in such partial calendar <br /> month . In addition to such remedies as may be provided under the default provisions of article 15 of this <br /> Lease and without waiving any such default, Landlord shall be entitled to ( 1) a late charge of 5 % of the <br /> amount of any Rent if not received by the fifth day after the date it is due and payable ; and ( ii) a charge of <br /> 5 % of the amount of any check given by Tenant not paid when first presented by Landlord . <br /> 6 . Omitted . <br /> 7 . Services by Landlord and Utilities . <br /> (a) Landlord shall cause to be furnished to the Demised Premises in common with other <br /> tenants, during reasonable business hours , as determined by Landlord in its reasonable discretion, <br /> Monday through Friday (excluding national or state holidays), the following services : water if available <br /> from city mains for drinking, lavatory and toilet purposes ; nonhazardous trash removal from dumpsters <br /> located in the parking lot in accordance with city schedules ; and heating and air conditioning for the <br /> reasonably comfortable use and occupancy of the Demised Premises , provided, however, heating and <br /> cooling conforming to any governmental regulation prescribing limitations thereon shall be deemed to <br /> comply with this service . Landlord shall have the right to enter and inspect the Demised Premises and all <br /> electrical devices therein from time to time during regular business hours or otherwise upon reasonable <br /> advance notice to Tenant. All additional costs resulting from Tenant ' s extraordinary usage of heating, air <br /> conditioning or electricity, such as with respect to an electrical or computer server room , if any, shall be <br /> paid by Tenant upon demand as Additional Rent for each month or portion thereof, but Tenant shall not <br /> install equipment with unusual demands for any of the foregoing without Landlord ' s prior written <br /> consent, which Landlord may withhold if it determines that in its opinion such equipment may not be <br /> safely used in the Demised Premises or that electrical service is not adequate therefor . If heat generating <br /> machines or equipment shall be used in the Demised Premises by Tenant which affect the temperature <br /> otherwise maintained by the heating and air conditioning system, Landlord shall have the right to install <br /> supplemental air conditioning units in the Demised Premises and the cost thereof, including the cost of <br /> installation and the cost of operation and maintenance thereof, shall be paid by Tenant upon demand by <br /> Landlord . <br /> So long as Landlord acts reasonably and in good faith, there will be no abatement or reduction of <br /> Rent by reason of any of the foregoing services not being continuously provided to Tenant . Except in the <br /> event of Landlord ' s willful acts or gross negligence, Landlord shall not be liable to Tenant for any <br /> damage caused to Tenant and its property due to the Demised Premises , the Building, the Property or any <br /> part or appurtenance thereof being improperly constructed or being or becoming out of repair, or arising <br /> from the leaking of gas , water, sewer or steam pipes , or from electricity . Tenant shall report immediately <br /> to Landlord any defective condition in or about the Demised Premises known to Tenant, and if such <br /> defect is not so reported and such failure results in other damage, Tenant shall be liable for same . <br /> Landlord agrees to keep in good repair, at its expense, the structural portions of the roof, <br /> foundations , and exterior walls of the Building (exclusive of all glass and exterior doors) and underground <br /> utility and sewer pipes outside the exterior walls of the building, if any, except repairs rendered necessary <br /> by the acts or negligence of Tenant, or Tenant' s employees , guests , agents , customers , independent <br /> contractors or invitees , the repair of which shall be paid by the Tenant within 10 days of Landlord ' s <br /> written demand . Landlord also agrees to keep in good condition and repair and perform the periodic <br /> maintenance of the outside area, Common Areas and the roof membrane, at a cost to be a part of the <br /> Operating Expenses of the Building . Landlord shall be under no obligation to inspect the interior of the <br /> Demised Premises . <br /> (b) Electricity to the Demised Premises shall be provided by Landlord and included in the rent . <br /> OCAC Lease Page 4 <br />