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ARTICLE 8 UTILITIES Section 8.1 Service to the Premises. Landlord, at its expense, and as part of Landlord's Work, shall provide all mains, conduits and other facilities for any utilities or services needed at the Premises, including (without limitation) water, sanitary sewer, natural gas, electricity, telephone and telecommunications and, if applicable, storm sewer. All such utilities will be located within recorded utility easements, accepted by the applicable utility provider(s), from the public right of way to the Building as shown on the approved plans for Landlord's Work in accordance with the Work Letter attached hereto as Exhibit D. Subject to the limitations set forth herein and in the Work Letter with respect to Tenant's Obligation to pay Tenant Permit Fees, Tenant shall be responsible for the cost and installation of utility meters, and -{, the payment of all so called "impact," "tap," "hook-up," "connection" or other fees and charges, however designated, for connection of such utilities to the Premises. On the Commencement" Date, Landlord shall also ensure that separate metering will be in place for all utilities that serve the Premises. Tenant shall pay to the public utility companies before delinquency all charges for water, gas, electricity and other utility services consumed on the Premises during the Term. Tenant shall not be responsible for increases in utility charges caused by Landlord's failure to ! comply with its repair obligations under this Lease. Section 8.2 Interruotion of Service through Common Areas. Except for interruptions due to an Uncontrollable Event, Landlord shall be responsible for providing continuous and uninterrupted utility service (including, without limitation, water, sanitary sewer, natural gas, electrical power, telecommunications and telephone and, if applicable storm sewer) to the Premises in the capacities specified in the plans and specifications for Landlord's Work. An interruption of any such utility service that results in Tenant closing its business in the Premises or in whole or in part shall entitle Tenant to an abatement of Base Rent during the period of closure arising after Tenant has provided written notice to Landlord and each Mortgagee (defined below) of the interruption and the resulting closure by Tenant, provided that the interruption was not due to Tenant's negligence, and if such interruption (other than an interruption caused by Tenant's negligence) continues for ninety (90) days or more after Tenant has provided written notice to Landlord of the interruption and the resulting closure by Tenant and subject to the terms of Section 18.6, Tenant shall have the right to terminate this Lease upon written notice to Landlord and each Mortgagee (in which case the provisions of Section 19.3 shall apply); provided, however Tenant shall not have the right to terminate this Lease if the interruption was due to an Uncontrollable Event, so long as Landlord diligently pursues all commercially reasonable steps to restore the utilities to the Premises. An "Uncontrollable Event" shall mean the following occurrences: (a) any act of God, (b) any failure by the provider of the utility to provide the utility to the Center; and (c) any event that occurs outside of the Center's boundaries which was not as a result of any act of Landlord or any of its agents, employees, contractors or tenants. The amount of the abatement shall be based on the reduction of Tenant's Gross Sales that is directly attributable to the utility service interruption. In addition to the abatement, Tenant shall have the right to recover from Landlord any other damages that it may suffer due to the interruption subject and pursuant to Section 18.6. .' 34 CHG02:3091375,v8 ,.. .... -"~.._^--