Common use of Basic Services Clause in Contracts

Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.

Appears in 3 contracts

Samples: Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.)

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Basic Services. Landlord agrees shall provide toilet room supplies, window washing at reasonable intervals, and customary janitorial service for the common areas. Janitorial service shall be provided five days per week excluding service for legal holidays, provided that Tenant may elect to furnish provide its own janitorial service to the Premises, at a cost in which case Tenant shall meet or exceed Landlord's general janitorial standards for the Project as shown on Exhibit N. In the event Tenant does elect to provide its own janitorial service, Landlord shall have the right, upon reasonable notice to Tenant, to inspect the Premises to review compliance with the janitorial standards. The costs of any janitorial or other services provided by Landlord to Tenant shall be included in Operating Costs, from 8:00 reimbursed by Tenant as additional rent within twenty (20) days after receipt of xxxxxxxx therefore. From 7:00 a.m. to 6:00 p.m. Mondays through Fridays on weekdays and 9:00 from 8:00 a.m. to 1:00 p.m. on SaturdaysSaturdays excluding legal holidays ("Normal Business Hours"), excepting local Landlord shall furnish to the Premises the heating and national holidays, air conditioning and heat all required in such Landlord's reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable use and occupancy of the Premises. In additionIf requested by Tenant, Landlord shall provide electric current furnish heating and air conditioning at times other than Normal Business Hours. The charge for normal lighting after-hours HVAC service is $30.00 per hour, subject to periodic increase by Landlord, and normal office machinesshall be paid by Tenant as additional rent within twenty (20) days after receipt of xxxxxxxx therefore (or, elevator service if such services are regularly scheduled, Landlord may require monthly payments simultaneous with Base Rent and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codesAdditional Rent). To the extent reasonably determined the utilities for after-hours services are separately metered and charged directly to Tenant, Tenant shall pay such charges directly to the applicable utility. Landlord shall furnish the Premises with electricity for normal office use, including lighting and operation of customary office machines, and water, both in quantities usually furnished or supplied by Landlord to tenants leasing space in the Building. The mechanical system is designed to accommodate normal and customary heating loads. Before installing lights and laboratory equipment in the Premises, which in the aggregate exceed the design of the systems, Tenant shall obtain the written permission of Landlord which shall not be practicable, all unreasonably withheld if Tenant installs at its expense any necessary equipment (including additional HVAC) to service such electricity (including, without limitation, electricity excess demand. Landlord may refuse to grant such permission unless Tenant agrees to pay in order to power the heating, ventilation advance Landlord's costs of installing separate metering and any supplementary air conditioning system serving or electrical systems required by such equipment or lights. In addition, Tenant shall pay Landlord in advance, as additional rent (except to the Premisesextent the costs are billed directly to Tenant through separate metering), on the first day of each month during the Term, the Landlord's estimate of the cost of furnishing electricity for the operation of such equipment or lights and Landlord's estimate of the cost of operating and maintaining supplementary air conditioning units necessitated by Tenant's use of such equipment or lights. Landlord shall be separately metered or submetered entitled to install and operate, at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to cost, a monitoring/metering system in the Premises if such separate meters are installed. If, however, separate meters are not installed to measure the added demands on electricity and the Premises are submetered or are jointly metered, then Landlord shall determine HVAC systems resulting from such equipment and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidayslights. Tenant shall comply with all rules Landlord's instruction for the use of drapes, blinds and regulations which thermostats. Landlord shall provide such security for the Project as it deems appropriate. During other than Normal Business Hours, Landlord may establish for restrict access to the proper functioning and protection of Building in accordance with the common area air conditioningBuilding's security system, heatingprovided that Landlord shall not restrict Tenant's ability to have access, elevatorthrough card readers or otherwise, electrical24 hours per day, intrabuilding cabling and wiring and plumbing systems365 days per year. Landlord shall not be liable forto Tenant for injury to its agents, employees, customers or invitees, or for losses due to theft or burglary, or for damages done by unauthorized persons, provided that this release shall not apply to physical damage to persons or property (excluding consequential damages such as lost profits) to the extent caused by Landlord's gross negligence or willful misconduct. Tenant may install or institute, subject to the provisions of Section 10, such additional security measures as it deems necessary or appropriate to protect Tenant's business and property provided that Tenant shall permit Landlord access as described in Section 6.4 above. Landlord shall provide two card keys to the Building and two keys for the corridor door entering the Premises, and there additional keys at a charge by Landlord on an order signed by Tenant. All such keys shall remain the property of Landlord. No additional locks shall be no rent abatement as a result ofallowed on any door of the Premises without Landlord's written permission, which shall not be unreasonably withheld. Landlord shall be provided keys to any stoppage, reduction or interruption additional door locks added by Tenant. Upon termination of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11Lease, Tenant agrees shall surrender to pay for Landlord all utilities keys and other services utilized by Tenant and any additional building services furnished card keys to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicesPremises.

Appears in 2 contracts

Samples: Office Lease (Seattle Genetics Inc /Wa), Seattle Genetics Inc /Wa

Basic Services. Landlord agrees shall furnish the following utilities -------------- and services ("Basic Services") for the Premises: (i) during the hours of 8 A.M. to furnish to 6 P.M. ("Business Hours") Monday through Friday (except public holidays) ("Business Days"), electricity for Building standard lighting and power suitable for the use of the Premises for ordinary general office purposes, (ii) during Business Hours on Business Days, heat and air conditioning required in Landlord's reasonable judgment for the comfortable use and occupancy of the Premises for ordinary general office purposes, (iii) unheated water for the restroom(s) and drinking fountains in the public areas servicing the Premises, at a cost (iv) elevator service to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy floor(s) of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary by nonattended automatic elevators for general office use pedestrian usage, and in compliance with applicable codes. To the extent reasonably (v) on Business Days, janitorial services limited to emptying and removal of general office refuse, light vacuuming as needed and window washing as determined by Landlord. Notwithstanding the foregoing, however, Tenant may use water, heat, air conditioning, electric current, elevator and janitorial service in excess of that provided in Basic Services ("Excess Services," which shall include without limitation any power usage other than through existing standard 110-volt AC outlets; electricity and/or water consumed by Tenant in connection with any dedicated or supplemental heating, ventilating and/or air conditioning, computer power, telecommunications and/or other special units or systems of Tenant; chilled, heated or condenser water; or water used for any purpose other than ordinary drinking and lavatory purposes), provided that the Excess Services desired by Tenant are reasonably available to Landlord and to the Premises (it being understood that in no event shall Landlord be practicableobligated to make available to the Premises more than the pro rata share of the capacity of any Excess Service available to the Building or the applicable floor of the Building, as the case may be), and provided further that Tenant complies with the procedures established by Landlord from time to time for requesting and paying for such Excess Services and with all such electricity other provisions of this Paragraph 17. Landlord reserves the right to install in the Premises or the Real Property electric current and/or water meters (including, without limitation, electricity in order any additional wiring, conduit or panel required therefor) to power measure the heating, ventilation and air conditioning system serving the Premises), shall be separately metered electric current or submetered at Tenant's expense and water consumed by Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project usage to comply with Landlord's sustainability practices and any LEED rating be measured by other reasonable methods (e.g. by temporary "check" meters or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicessurvey).

Appears in 2 contracts

Samples: Office Lease (Digital Island Inc), Office Lease (Digital Island Inc)

Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat (“HVAC”) all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the PremisesPremises by eight (8) people per one thousand (1,000) rentable square feet in the Premises (the “Base Occupancy Level”); however, Tenant acknowledges that if more than six (6) people per one thousand (1,000) rentable square feet occupy the Premises (or any portion thereof) at any time, the Project’s HVAC system may not be sufficient to provide comfortable occupancy of the Premises and in such event (i) Tenant shall be responsible for the additional cost of installing supplementary HVAC systems in order to provide comfortable occupancy of the Premises (or any applicable portion thereof), (ii) Landlord shall be responsible (at Landlord’s sole cost and expense, which shall be included as part of the Base Year Operating Costs) for supplying electrical power to such supplementary HVAC systems as shall be necessary to maintain comfortable occupancy at the Base Occupancy Level, and (iii) Tenant shall be responsible, pursuant to Section 11(c) below, for the cost of electrical power to such supplementary HVAC systems above that which shall be necessary to maintain comfortable occupancy at the Base Occupancy Level. In addition, Landlord shall provide electric current for normal lighting and normal office machinesmachines as provided in item 25 of the Rules and Regulations, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's ’s efforts to cause the utilities for the Project to comply with Landlord's ’s sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays, in accordance with the specifications attached hereto as Exhibit “E” and made a part hereof. Tenant shall comply with all reasonable, non-discriminatory rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Tenant shall have the exclusive right to use the two (2) existing four (4)-inch conduits located between the 26642 Building and the 26672 Building for the purpose of installing Tenant’s telecommunications and data cabling. Except as provided Section 11(j) below, Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.

Appears in 2 contracts

Samples: Standard Office Lease (loanDepot, Inc.), loanDepot, Inc.

Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 7:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's ’s expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's ’s equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's ’s efforts to cause the utilities for the Project to comply with Landlord's ’s sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.

Appears in 2 contracts

Samples: Standard Office Lease (Vital Therapies Inc), Standard Office Lease (Vital Therapies Inc)

Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 7:00 a.m. to 7:00 p.m. Mondays through Fridays, and 8:00 a.m. to 6:00 2:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy and use of the PremisesPremises by Tenant consistent with Tenant’s Permitted Use. In addition, Landlord Landlord, at a cost to be included in Operating Costs, shall provide assure that electric current for normal lighting and normal office machinescurrent, elevator service and water on the same floor as are available to the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office the comfortable occupancy and use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to of the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and by Tenant shall pay the amount reasonably determined by Landlord to be consistent with Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces’s Permitted Use. Janitorial and maintenance services shall be furnished as part of the Operating Costs, five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding intra-building cabling and wiring and plumbing systemssystems all consistent with the comfortable occupancy and use of the Premises by Tenant consistent with Tenant’s Permitted Use. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically , provided however that Landlord will not engage in this Article 11a repair of any HVAC, plumbing or electrical system without providing Tenant agrees with reasonable prior written notice, and will endeavor to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are schedule such reasonable repairs during hours that do not uniformly furnished to all tenants disrupt Tenant’s Permitted Use of the ProjectPremises. Notwithstanding the foregoing, if there is any interruption of any such services caused by Landlord’s gross negligence or intentional misconduct, and such interruption continues for ten (10) days following Tenant’s delivery of written notice to Landlord, and Tenant ceases operating at the rate generally charged by Landlord Premises due to tenants such interruption, then Tenant shall be entitled to a day for day abatement of Basic Rental and Additional Rent commencing on the Project for eleventh (11th) day following the date of such utilities or servicesnotice and continuing until such services(s) have been fully restored.

Appears in 2 contracts

Samples: Office Lease (Castle Biosciences Inc), Office Lease (Castle Biosciences Inc)

Basic Services. Landlord agrees shall provide lamp replacement service for Building standard light fixtures, window washing at reasonable intervals, and customary Building janitorial service for all common areas. Janitorial service for common areas shall be provided five days per week excluding service for legal holidays. The costs of any janitorial or other services provided by Landlord to Tenant which are in addition to the services ordinarily provided by Landlord shall be reimbursed by Tenant as Additional Rent upon receipt of xxxxxxxx therefore. During Normal Business Hours, Landlord shall furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays Premises the heating and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all required in such reasonable quantities as in the Landlord’s judgment of Landlord is reasonably necessary for the comfortable use and occupancy of the Premises. In additionIf requested by Tenant, Landlord shall provide electric current furnish heating and air conditioning at times other than Normal Business Hours at Landlord’s then standard hourly rate for after-hours services, which will be adjusted periodically, payable upon receipt of xxxxxxxx therefore. Electricity shall be provided by the applicable provider for normal office use, including lighting and normal operation of customary office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes water, both in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined usually furnished or supplied by Landlord to be practicabletenants leasing space in the Building. The mechanical system is designed to accommodate normal and customary heating loads. Before installing lights and equipment in the Premises, all which in the aggregate exceed the design of the systems or require more than 120 volts single phase, Tenant shall obtain the written permission of Landlord. Landlord may refuse to grant such electricity (including, without limitation, electricity permission unless Tenant agrees to pay in order to power the heating, ventilation advance Landlord’s costs of installing separate metering and any supplementary air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing electrical systems required by such electricity to the Premises if such separate meters are installedequipment or lights. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and In addition. Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricityin advance, as Additional RentRent (except to the extent the costs are billed directly to Tenant through separate metering),Landlord’s estimate of the cost of furnishing electricity for such equipment or lights and Landlord’s estimate of the cost of operating and maintaining supplementary’ air conditioning related to Tenant’s use of such equipment or lights. Landlord may install and operate, at Tenant’s cost, a monitoring/metering system to measure the added demands on electricity or HVAC systems. Tenant shall cooperate comply’ with Landlord's efforts to cause ’s instruction for the utilities use of drapes, blinds and thermostats. Landlord shall provide such security for the Project to comply with Landlord's sustainability practices and any LEED rating as it deems appropriate. During other than Normal Business Hours (or other applicable certification standard) applicable Section 1), Landlord may restrict access to the Project. Such efforts may include, without limitation, Building in accordance with the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five Building’s security system (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systemsaccess via key or card key). Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished for injury to all tenants of the Projectits agents, at the rate generally charged employees, customers or invitees, or for losses due to theft or burglary, or for damages done by Landlord to tenants of the Project for such utilities or servicesunauthorized persons.

Appears in 2 contracts

Samples: Agreement of Sub Sublease (ArcherDX, Inc.), Agreement of Sub Sublease (ArcherDX, Inc.)

Basic Services. Landlord agrees shall provide lamp replacement service for Building standard light fixtures, toilet room supplies, window washing at reasonable intervals, and customary Building janitorial service. Janitorial service shall be provided five days per week excluding service for legal holidays. The costs of any janitorial or other services provided by Landlord to Tenant which are in addition to the services ordinarily provided by Landlord shall be reimbursed by Tenant as Additional Rent upon receipt of xxxxxxxx therefore. During Normal Business Hours, Landlord shall furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays Premises the heating and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all required in such reasonable quantities as in the Landlord’s judgment of Landlord is reasonably necessary for the comfortable use and occupancy of the Premises. If requested by Tenant, Landlord shall furnish heating and air conditioning at times other than Normal Business Hours at Landlord’s then standard hourly rate for after-hours services, which will be adjusted periodically, payable upon receipt of xxxxxxxx therefore. Electricity shall be provided by the applicable provider for normal office use, including lighting and operation of customary office machines, and water, both in quantities usually furnished or supplied by Landlord to tenants leasing space in the Building. The mechanical system is designed to accommodate normal and customary heating loads. Before installing lights and equipment in the Premises, which in the aggregate exceed the design of the systems or require more than 120 volts single phase, Tenant shall obtain the written permission of Landlord. Landlord may refuse to grant such permission unless Tenant agrees to pay in advance Landlord’s costs of installing separate metering and any supplementary air conditioning or electrical systems required by such equipment or lights. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricityin advance, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating Rent (or other applicable certification standard) applicable except to the Project. Such efforts may includeextent the costs are billed directly to Tenant through separate metering), without limitation, Landlord’s estimate of the cost of furnishing electricity for such equipment or lights and Landlord’s estimate of the cost of operating and maintaining supplementary air conditioning related to Tenant’s use of energy efficient bulbs in task lightingsuch equipment or lights. Landlord may install and operate, energy efficient lighting controls and measures at Tenant’s cost, a monitoring/metering system to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidaysmeasure the added demands on electricity or HVAC systems. Tenant shall comply with all rules Landlord’s instruction for the use of drapes, blinds and regulations which thermostats. Landlord shall provide such security for the Project as it deems appropriate. During other than Normal Business Hours (Section 1), Landlord may establish for restrict access to the proper functioning and protection of Building in accordance with the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systemsBuilding’s security system (with access via key or card key). Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished for injury to all tenants of the Projectits agents, at the rate generally charged employees, customers or invitees, or for losses due to theft or burglary, or for damages done by Landlord to tenants of the Project for such utilities or servicesunauthorized persons.

Appears in 2 contracts

Samples: Office Lease (ArcherDX, Inc.), Office Lease (ArcherDX, Inc.)

Basic Services. Landlord agrees shall furnish the following utilities and services ("Basic Services") for the Premises: (i) during the hours of 7 A.M. to furnish to 7 P.M. ("Business Hours") Monday through Friday (except public holidays) ("Business Days"), electricity for Building standard lighting and power suitable for the use of the Premises for ordinary general office purposes, (ii) during Business Hours on Business Days, heat and air conditioning required in Landlord's judgment for the comfortable use and occupancy of the Premises for ordinary general office purposes, (iii) unheated water for the restroom(s) and drinking fountain(s) in the public areas serving the Premises, at a cost (iv) elevator service to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy floor(s) of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary by nonattended automatic elevators for general office use pedestrian usage, and in compliance with applicable codes. To the extent reasonably (v) on Business Days, janitorial services limited to emptying and removal of general office refuse, light vacuuming as needed and window washing as determined by Landlord. Notwithstanding the foregoing, however, Tenant may use water, heat, air conditioning, electric current, elevator and janitorial service in excess of that provided in Basic Services ("Excess Services," which shall include without limitation any power usage other than through existing standard 110-volt AC outlets; electricity and/or water consumed by Tenant in connection with any dedicated or supplemental heating, ventilating and/or air conditioning, computer power, telecommunications and/or other special units or systems of Tenant; chilled, heated or condenser water; or water used for any purpose other than ordinary drinking and lavatory purposes), provided that the Excess Services desired by Tenant are reasonably available to Landlord and to the Premises (it being understood that in no event shall Landlord be practicableobligated to make available to the Premises more than the pro rata share of the capacity of any Excess Service available to the Building or the applicable floor of the Building, as the case may be), and provided further that Tenant complies with the procedures established by Landlord from time to time for requesting and paying for such Excess Services and with all such electricity other provisions of this Paragraph 17. Landlord reserves the right to install in the Premises or the Real Property electric current and/or water meters (including, without limitation, electricity in order any additional wiring, conduit or panel required therefor) to power measure the heating, ventilation and air conditioning system serving the Premises), shall be separately metered electric current or submetered at Tenant's expense and water consumed by Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities usage to be measured by other reasonable methods (e.g. by temporary "check" meters or by survey). Notwithstanding the above, (subject to any temporary shutdown for the Project repairs, for security purposes, for compliance with any legal restrictions, or due to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may includestrikes, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strikelockouts, labor disputes, breakdowns, accidents, necessary repairs fire or other cause. Except as specifically provided in this Article 11casualty, acts of God, or other causes beyond the reasonable control of Landlord) Tenant agrees shall have access to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants the Premises 24 hours a day, each day of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicesLease term.

Appears in 2 contracts

Samples: Office Lease (Ask Jeeves Inc), Office Lease (Ask Jeeves Inc)

Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on SaturdaysFridays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy and use of the PremisesPremises by Tenant consistent with Tenant’s Permitted Use. In addition, Landlord Landlord, at a cost to be included in Operating Costs, shall provide assure that electric current for normal lighting and normal office machinescurrent, elevator service and water on the same floor as are available to the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office the comfortable occupancy and use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to of the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and by Tenant shall pay the amount reasonably determined by Landlord to be consistent with Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces’s Permitted Use. Janitorial and maintenance services shall be furnished as part of the Operating Costs, five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding intra-building cabling and wiring and plumbing systemssystems all consistent with the comfortable occupancy and use of the Premises by Tenant consistent with Tenant’s Permitted Use. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically , provided however that Landlord will not engage in this Article 11a repair of any HVAC, plumbing or electrical system without providing Tenant agrees with reasonable prior written notice, and will endeavor to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are schedule such reasonable repairs during hours that do not uniformly furnished to all tenants disrupt Tenant’s Permitted Use of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicesPremises.

Appears in 2 contracts

Samples: Office Lease (Castle Biosciences Inc), Office Lease (Castle Biosciences Inc)

Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on SaturdaysFridays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises, per the applicable code. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To Electricity for the extent reasonably determined by Landlord to be practicable, all such electricity Premises (including, without limitation, excluding electricity in order to power the Project’s heating, ventilation and air conditioning system serving the Premises), system) shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall use its best efforts to cooperate with Landlord's ’s efforts to cause the utilities for the Project to comply with Landlord's ’s sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Projectpractices. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all reasonable rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall provide security services reasonably determined by Landlord to be consistent with Class A northern suburban office complexes of similar size. Landlord shall not be liable for, and except as provided in Section 11(h) below, there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by ***Confidential Treatment Requested governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.

Appears in 1 contract

Samples: Horizon Pharma, Inc.

Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), ) shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's ’s equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.

Appears in 1 contract

Samples: Standard Office Lease (Entropic Communications Inc)

Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. pm. Mondays through Fridays and 9:00 8:00 a.m. to 1:00 p.m. noon on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide proved electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's ’s equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts be solely responsible for retaining a bonded janitorial company to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable provide janitorial service to the Project. Such efforts may include, without limitation, Premises on a regular basis as reasonably approved by Landlord and Landlord shall have no obligation to provide janitorial services to the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidaysPremises. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.

Appears in 1 contract

Samples: Work Letter Agreement (Mitek Systems Inc)

Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's ’s expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's ’s equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local by Tenant a regular basis throughout the Term and national holidaysLandlord shall have no obligation to provide janitorial service to the Premises. Tenant shall comply with all reasonable rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and except as provided in Section 11(g) below, there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.

Appears in 1 contract

Samples: Standard Office Lease (Aruba Networks, Inc.)

Basic Services. 12.12.7. Tenant acknowledges that this Lease is a net lease, it being understood that Landlord shall receive the Base Rent specified in the Basic Lease Information sheet free and clear of any and all expenses, costs, impositions, taxes, assessments, liens or charges of any nature whatsoever, which shall be payable by Tenant unless otherwise set forth in this Lease. Accordingly, Tenant shall be solely responsible for and promptly pay the appropriate utility company directly for all water, gas, electricity, telephone, and other utilities and services supplied to the Leased Premises for which there is a separate meter or submeter to the Leased Premises (the foregoing utility and service expenses for the Leased Premises shall be paid by Tenant separately and shall not be part of Tenant’s Proportionate Share of Basic Operating Costs); and Tenant shall pay Landlord for Tenant’s share, as reasonably determined by Landlord (and documentation supporting Landlord’s determination shall be made available to Tenant upon written request), of all utilities and services furnished to the Leased Premises for which there is no separate meter or submeter (e.g., the chiller plant as currently configured). Promptly after the Term Commencement Date, Landlord shall install a private submeter in order to determine the electrical usage of the Building. With respect to janitorial services, Tenant shall employ its own bonded and reputable janitorial service (and shall provide Landlord with a copy of the contract and other documentation upon written request) to clean the Leased Premises on all business days, at Tenant’s sole cost and expense; and with respect to refuse collection, Tenant shall employ its own reputable refuse collection service (and shall provide Landlord with a copy of the contract and other documentation upon written request) to collect refuse from the Leased Premises on all business days, at Tenant’s sole cost and expense (the foregoing janitorial expenses and refuse collection for the Leased Premises shall be paid by Tenant separately and shall not be part of Tenant’s Proportionate Share of Basic Operating Costs). Subject to inclusion in Basic Operating Costs, Landlord agrees to furnish Tenant only with the following services: (i) exterior window cleaning, (ii) parking lot cleaning and sweeping, and (iii) the maintenance, repair, and replacement obligations set forth in Section 4.6. Notwithstanding anything in this Lease to the Premisescontrary, at a cost to be included Tenant’s use of electrical service shall not exceed, either in Operating Costsvoltage, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdaysrated capacity, excepting local and national holidaysor overall load, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable its pro-rata share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systemsBuilding capacity. Landlord shall not be liable forfor damages to either person or property, nor shall Landlord be deemed to have evicted Tenant, nor shall there be any abatement of Rent, nor shall Tenant be relieved from performance of any covenant on its part to be performed under this Lease by reason of any (i) deficiency in the provision of services; (ii) breakdown of equipment or machinery utilized in supplying services; or (iii) curtailment or cessation of services due to causes or circumstances beyond the reasonable control of Landlord or by the making of the necessary repairs or improvements, unless such deficiency, breakdown, curtailment or cessation is due to the negligence or willful misconduct of Landlord. Landlord shall use reasonable diligence to provide services that it is required to provide under this Lease and there shall to make such repairs as may be no rent abatement as a result ofrequired to machinery or equipment within the Project to provide restoration of services and, any stoppage, reduction where the cessation or interruption of any such services caused service has occurred due to circumstances or conditions beyond Project boundaries, to cause the same to be restored, by governmental rules, regulations diligent application or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees request to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicesprovider thereof.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Exar Corp)

Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord Landlord, at a cost to be included in Operating Costs, shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. Tenant shall cooperate with Landlord’s efforts to cause the utilities for the Project to comply with Landlord’s sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation ventilating and air conditioning system serving the Premises), ) shall be separately metered or submetered at Tenant's ’s expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's ’s equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished as part of Operating Costs, five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article Section 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.

Appears in 1 contract

Samples: Standard Office Lease (Celladon Corp)

Basic Services. Landlord agrees shall provide the existing equipment servicing the Premises in its "as is" but operable condition in order to furnish to the Premisesprovide electric current, at a cost to be included in Operating Costsheat and air-conditioning therein. Landlord and Tenant hereby acknowledge that an independent heating, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays ventilation and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air air-conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of system ("HVAC System") will service the Premises. In addition, Landlord shall provide electric current be responsible for normal lighting the maintenance and normal office machinesrepair of the HVAC System and shall, elevator as an Operating Cost, maintain a service and water maintenance contract for such HVAC System with a contractor reasonably designated by Landlord, which contractor shall perform all maintenance and repairs on the same floor HVAC System as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order necessary. Tenant shall be entitled to power utilize the existing supplementary heating, ventilation and air conditioning system serving for a portion of the Premises)Premises and to install, shall be separately metered as an Improvement or submetered as an Alteration, subject to Landlord's reasonable approval of plans and specifications, other heating, ventilation and air conditioning units (collectively, "Supplementary Units") within the Premises at Tenant's sole cost and expense (or as a charge to the Improvement Allowance). A submeter will also be installed, at Tenant's sole cost and expense (or as a charge to the Improvement Allowance) in order to measure the amount of electricity furnished to the Supplementary Units and Tenant shall make payment directly to the entity providing such be responsible for Landlord's actual cost of supplying electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount units as reasonably determined by Landlord to based upon such submeter, which amounts shall be Tenant's equitable share of the payable on a monthly charge for such electricity, basis as Additional Rent. Tenant shall cooperate with Landlord's efforts be solely responsible for maintenance and repair of the Supplementary Units and such units shall be considered to cause be a fixture within the Premises and shall remain upon the Premises upon the expiration or earlier termination of this Lease. Except as otherwise provided in this Lease, the electricity and other utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable furnished to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services Premises shall be furnished five (5) days per weekincluded in Operating Costs. Tenant shall be responsible for retaining a bonded janitorial contractor, excepting local which contractor shall be reasonably approved by Landlord, and national holidaysTenant hereby acknowledges that Landlord shall have no obligation whatsoever to provide janitorial service to the Premises. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of any common systems of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systemsProject. Landlord shall not be liable for, and except as expressly provided in Section 11(f) below, there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. In the event of interruption of services to the Premises, Landlord shall use commercially reasonable efforts to cause the services to be promptly restored. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, Project at the rate generally charged by Landlord to tenants of the Project for such utilities or services.

Appears in 1 contract

Samples: Multi Tenant Lease (SCOLR Pharma, Inc.)

Basic Services. Landlord agrees to furnish to furnish, as part of Operating Expenses, water and, if applicable, elevator services, janitorial services and electricity for the Premises, at a cost to be included and heat, ventilation and air-conditioning (hereinafter collectively called "HVAC") required in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the Landlord's judgment of Landlord is reasonably necessary for the comfortable use and occupancy of the Premises, all in accordance with the following schedule (and subject to the rules and regulations of the Property as well as any governmental requirements or standards relating to, among other things, energy conservation): Water - All days, 24 hours Electricity – All days, 24 hours HVAC - Monday through Friday - 7 a.m. to 6 p.m., excluding holidays Janitorial – Five nights per week, excluding holidays. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably Schedule to be determined by Landlord. Landlord to be practicablemay impose a reasonable charge for any utilities and services, all such electricity (including, without limitation, electricity and HVAC, required to be provided by Landlord by reason of any substantial recurrent use of the Premises at any time other than the above schedule for such utilities and services, or any use beyond what Landlord agrees to furnish as described above, or special electrical, cooling and ventilating needs created in order to power the heatingcertain areas by hybrid telephone equipment, ventilation computers and air conditioning system serving other similar equipment or uses. At Landlord's option and expense, separate meters for such utilities and services may be installed for the Premises). Xxxxxx agrees to cooperate fully at all times with Landlord and to abide by all regulations and requirements which Landlord may prescribe for the use of the above utilities and services. Any such excess costs as described above shall constitute “Rental”. Landlord consents to provide lighting of the Common Areas or any portion thereof, shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity HVAC to the Premises if beyond the normal and customary business hours upon Tenant’s request, and shall have the right to bill for such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine after-hour usages and Tenant shall pay the amount reasonably determined by to Landlord to be Tenant's equitable share of the monthly charge for such electricity, additional charges as Additional RentRental. Tenant shall cooperate not, without the prior written consent of Landlord, use any apparatus or device in the Premises (including but not limited to electronic data processing machines, and machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water normally furnished or supplied for use of the Premises as general office space, nor shall Tenant connect with Landlord's efforts to cause electric current (except through existing electrical outlets in the utilities Premises) or water pipes any apparatus or device for the Project to comply with Landlord's sustainability practices and any LEED rating (purpose of using electric current or other applicable certification standard) applicable water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as general office space, Tenant shall first procure the written consent of Landlord to the Project. Such efforts may includeuse thereof, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish cause a separate water meter or electric current meter to be installed, so as to measure the amount of water and electric current consumed for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systemsany such other use. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption The cost of any such services caused separate meters and of installation, maintenance and repair thereof shall be paid for by governmental rulesTenant, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant and Xxxxxx agrees to pay Landlord, promptly upon demand, for all utilities such water and other services utilized electricity consumed as shown by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Projectsaid meters, at the rate generally average rates charged for such services by Landlord to tenants the jurisdiction in which the Property is located or by the local public utility furnishing the same, whichever the case may be, plus any additional expense incurred in keeping account of the Project water and electric current so consumed. Notwithstanding anything hereinabove to the contrary, Landlord reserves the right from time to time to make reasonable and nondiscriminatory modifications to the above standards for such utilities or and services.

Appears in 1 contract

Samples: Service Office Lease (Puredepth, Inc.)

Basic Services. Landlord agrees to shall furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays following services: (i) -------------- heating and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary to provide a temperature condition required for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for Premises under normal lighting business operations and normal office machines, elevator service and water on consistent with the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation heating and air conditioning system serving services provided in comparable office buildings in and around Schaumburg, Illinois. The heating and air conditioning for the PremisesPremises is provided through "heat pumps" which may be controlled by Tenant (i.e., Tenant controls the hours of operation and the temperature settings); (ii) water for drinking, shall be separately metered or submetered and, subject to Landlord's approval, water at Tenant's expense for any private restrooms and office kitchen requested by Tenant; (iii) men's and women's restrooms at locations designated by Landlord and in common with other tenants of the Building; (iv) daily janitor service in the Premises and common areas of the Building, weekends and holidays excepted, including periodic outside window washing of the perimeter windows in the Premises (the current specifications for the janitor service to be provided by Landlord are attached as Exhibit F, provided Landlord reserves the right to alter such specifications from time to time in Landlord's reasonable discretion);(v) passenger elevator service in common with Landlord and other tenants of the Building, 24 hours a day, 7 days a week; and (vi) freight elevator service (as opposed to routine passenger elevator service) daily between the hours of 7:00 a.m. and 6:00 p.m., weekends and holidays excepted. Tenant must notify Landlord before bringing freight or large items into the Building so Landlord can place pads on the walls of the elevator. If Landlord reasonably believes that Tenant's use of the freight elevator service is inconveniencing other tenants and occupants of the Building, upon five days notice to Tenant, Landlord may thereafter prohibit Tenant from using freight elevator service during one hour in the morning every day (such time to be designated by Landlord in its sole discretion from time to time). Furthermore, if Landlord reasonably believes that Tenant's use of the freight elevator service is still inconveniencing other tenants and occupants of the Building, upon five days notice to Tenant, Landlord may require that Tenant commence making its morning deliveries between 6:00 a.m. and 7:00 a.m. (and Tenant shall make payment directly to be responsible for the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined costs incurred by Landlord to be in having an engineer or security guard at the Building during such hours). Finally, if Landlord reasonably believes that Tenant's equitable share use of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices freight elevator service is still inconveniencing other tenants and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection occupants of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11Building, Tenant agrees must arrange for partial deliveries on Sundays (taking up to pay for four hours) so that all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.inconvenience during business

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

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Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent Tenant shall be responsible for retaining a bonded janitorial contractor, which contractor shall be reasonably determined approved by Landlord, and Tenant hereby acknowledges that Landlord shall have no obligation whatsoever to be practicable, all such electricity (including, without limitation, electricity in order provide janitorial service to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Except as provided in Section 11(i) below, Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.

Appears in 1 contract

Samples: Standard Office Lease (United Business Holdings, Inc)

Basic Services. Tenant acknowledges that this Lease is a net lease, it being understood that Landlord shall receive the Base Rent specified in the Basic Lease Information sheet free and clear of any and all expenses, costs, impositions, taxes, assessments, liens or charges of any nature whatsoever, which shall be payable by Tenant unless otherwise set forth in this Lease. Accordingly, Tenant shall be solely responsible for and promptly pay the appropriate utility company directly for all water, gas, HVAC, light, power, telephone, and other utilities and services supplied to the Leased Premises for which there is a separate meter or submeter to the Leased Premises [if separate metering is available, Tenant shall pay for such separate metering] and Tenant shall pay Landlord for Tenant’s share, as reasonably determined by Landlord, of all utilities and services furnished to the Leased Premises for which there is no separate meter or submeter, within thirty (30) days after billing by Landlord [the foregoing utility and service expenses for the Leased Premises shall be paid by Tenant separately and shall not be part of Tenant’s Proportionate Share of Basic Operating Costs]). With respect to janitorial, Tenant shall employ its own bonded and reputable janitorial service, subject to Landlord’s reasonable prior written approval, to clean the Leased Premises on all business days (including, without limitation, cleaning and providing supplies for the restrooms and break rooms), at Tenant’s sole cost and expense; and with respect to refuse collection, Tenant shall employ its own reputable refuse collection service, subject to Landlord’s reasonable prior written approval, to collect refuse from the Leased Premises on all business days, at Tenant’s sole cost and expense (the foregoing janitorial expenses and refuse collection for the Leased Premises shall be paid by Tenant separately and shall not be part of Tenant’s Proportionate Share of Basic Operating Costs). Tenant shall also be responsible for fire/life safety monitoring of the Building and the applicable fees and costs; notwithstanding the foregoing, Xxxxxx has requested that Landlord undertake the foregoing on behalf of Tenant and Tenant shall pay Landlord for the actual costs related to the fire/life safety monitoring of the Building and the applicable fees and costs within ten (10) days after billing by Landlord. Subject to inclusion in Basic Operating Costs, Landlord agrees to furnish to Tenant only with the following services: maintenance, repair and replacement of all Building systems (including without limitation, fire/life safety systems, mechanical, electrical, and plumbing systems), structural portions of the Building, including the structural walls, exterior walls, foundation and roof of the Building (not including the Roof Deck Premises), at a cost to be included in Operating Costsexterior window cleaning, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays landscaping, parking lot lighting, and 9:00 a.m. to 1:00 p.m. on Saturdayssidewalk and parking lot cleaning and sweeping, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as of the foregoing in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for normal lighting manner and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To to the extent reasonably determined by Landlord to be practicable, all such electricity consistent with those standards of Comparable Buildings (including, without limitation, electricity as defined below). Notwithstanding anything in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly this Lease to the entity providing such electricity to the Premises if such separate meters are installed. Ifcontrary, howeverTenant’s use of electrical service shall not exceed, separate meters are not installed and the Premises are submetered either in voltage, rated capacity, or are jointly meteredoverall load, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable its pro-rata share of the monthly charge for such electricity, Building capacity. Except as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (specifically set forth in this Lease or other applicable certification standard) applicable to the Project. Such efforts may includeextent caused by any negligence, without limitationwillful misconduct or breach of this Lease by Landlord, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable forfor damages to either person or property, nor shall Landlord be deemed to have evicted Tenant, nor shall there be any abatement of Rent, nor shall Tenant be relieved from performance of any covenant on its part to be performed under this Lease by reason of any (i) deficiency in the provision of basic services; (ii) breakdown of equipment or machinery utilized in supplying services; or (iii) curtailment or cessation of services due to causes or circumstances beyond the reasonable control of Landlord or by the making of the necessary repairs or improvements. Landlord shall use reasonable diligence to make such repairs as may be required to machinery or equipment within the Project to provide restoration of services and, where the cessation or interruption of service has occurred due to circumstances or conditions beyond Project boundaries, to cause the same to be restored, by diligent application or request to the provider thereof. Notwithstanding the foregoing or anything in this Lease to the contrary, if any such deficiency, breakdown, or curtailment described above is within the reasonable control of Landlord to correct and continues for five (5) or more consecutive business days after Landlord becomes aware thereof, whether by Xxxxxx’s written notice to Landlord thereof or otherwise, and there shall be no rent abatement Xxxxxx is unable to reasonably conduct and does not conduct any business in a material portion of the Leased Premises as a result ofthereof including interference to Tenant’s business, then Tenant shall be entitled to an abatement of Base Rent, which abatement shall commence as of the first day after the expiration of such five (5) business day period and terminate upon the cessation of such deficiency, breakdown, curtailment or interference and which abatement shall be based on the portion of the Leased Premises rendered unusable for Tenant’s business by such deficiency, breakdown, curtailment or interference. The rental abatement rights set forth above shall be inapplicable to any stoppageinterruption, reduction failure or interruption of any such services inability described in this grammatical paragraph that is caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs (i) damage from fire or other cause. Except as specifically provided in this Article 11casualty (it being acknowledged that such situation shall be governed by Section 7.7 below), or (ii) to any deficiency, breakdown, or curtailment caused by the negligence or willful misconduct of Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Projector its agents, at the rate generally charged by Landlord to tenants of the Project for such utilities employees or servicescontractors.

Appears in 1 contract

Samples: Lease (Metagenomi Technologies, LLC)

Basic Services. Landlord agrees shall provide lamp replacement service for Building standard light fixtures, toilet room supplies, window washing at reasonable intervals, and customary Building janitorial service. Janitorial service shall be provided five days per week excluding service for legal holidays. The foregoing services will be provided so long as Tenant is not in default hereunder. The costs of any janitorial or other services provided by Landlord to Tenant which are in addition to the services ordinarily provided by Landlord shall be reimbursed by Tenant as Additional Rent upon receipt of xxxxxxxx therefore. During Normal Business Hours, Landlord shall furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays Premises the heating and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all required in such reasonable quantities as in the Landlord’s judgment of Landlord is reasonably necessary for the comfortable use and occupancy of the Premises. If requested by Tenant, Landlord shall furnish heating and air conditioning at times other than Normal Business Hours at Landlord’s then standard hourly rate for after-hours services, which will be adjusted periodically. The charges for after-hour services shall be paid by Tenant as Additional Rent upon receipt of xxxxxxxx therefore. Electricity shall be provided by the applicable provider for normal office use, including lighting and operation of customary office machines, and water, both in quantities usually furnished or supplied by Landlord to tenants leasing space in the Building. The mechanical system is designed to accommodate normal and customary heating loads. Before installing lights and equipment in the Premises, which in the aggregate exceed the design of the systems or require more than 120 volts single phase, Tenant shall obtain the written permission of Landlord. Landlord may refuse to grant such permission unless Tenant agrees to pay in advance Landlord’s costs of installing separate metering and any supplementary air conditioning or electrical systems required by such equipment or lights. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricityin advance, as Additional Rent. Rent (except to the extent the costs are billed directly to Tenant shall cooperate with through separate metering), the Landlord's efforts to cause ’s estimate of the utilities cost of furnishing electricity for the Project to comply with operation of such equipment or lights and Landlord's sustainability practices ’s estimate of the cost of operating and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the maintaining supplementary air conditioning units necessitated by Tenant’s use of energy efficient bulbs in task lightingsuch equipment or lights. Landlord may install and operate, energy efficient lighting controls and measures at Tenant’s cost, a monitoring/metering system to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidaysmeasure the added demands on electricity or HVAC systems. Tenant shall comply with all rules Landlord’s instruction for the use of drapes, blinds and regulations which thermostats. Landlord shall provide such security for the Project as it deems appropriate. During other than Normal Business Hours, Landlord may establish for restrict access to the proper functioning and protection of Building in accordance with the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systemsBuilding’s security system (with access via key or card key). Landlord shall not be liable forto Tenant for injury to its agents, employees, customers or invitees, or for losses due to theft or burglary, or for damages done by unauthorized persons. Landlord shall provide two card keys (if applicable) to the Building and two keys for the corridor door entering the Premises, and there additional keys at a charge by Landlord on an order signed by Tenant. All such keys shall remain the property of Landlord. No additional locks shall be no rent abatement as a result ofallowed on any door of the Premises without Landlord’s written permission, and Tenant shall not make, or permit to be made, any stoppageduplicate keys, reduction or interruption except those furnished by Landlord. Upon termination of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11Lease, Tenant agrees shall surrender to pay for Landlord all utilities keys and other services utilized by Tenant and any additional building services furnished card keys to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicesPremises.

Appears in 1 contract

Samples: Office Lease (Activecare, Inc.)

Basic Services. So long as Tenant is not in default hereunder, Landlord agrees to shall furnish to the Premisesfollowing services: (i) heating, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays ventilating and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all ("HVAC") to provide a temperature condition required, in such Landlord's reasonable quantities as in the judgment of Landlord is reasonably necessary judgment, for the comfortable occupancy of the Premises. In additioninterior of the Building under normal business operations, Landlord shall provide electric current daily from 7:00 A.M. to 7:00 P.M., plus six (6) hours of HVAC services on weekends as hereafter provided, holidays excepted; (ii) water for normal lighting and normal office machinesdrinking, elevator service and and, subject to Landlord's approval, water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense for any private restrooms and office kitchen requested by Tenant; (iii) men's and women's restrooms at locations designated by Landlord; (iv) janitor service, including replacement of paper products in restrooms, floor care (including stripping and waxing, if applicable) at least twice per year, cleaning of windows on a reasonably frequent basis and pest control; (v) maintenance of exterior common areas of the Building, including snow removal as necessary and maintenance of the landscaped areas; and (vi) automated elevator service 24 hours a day, 7 days a week. As part of basic services, Tenant may order up to six (6) hours in the aggregate of HVAC services on each weekend. A designated employee or agent of Tenant may order such weekend HVAC services by providing notice to Landlord at least three (3) days in advance of such services. If Tenant is not satisfied with the janitorial services provided by Landlord, then Tenant may elect to provide such janitorial services directly, provided that Tenant's janitorial contractor is reputable and experienced in providing such services in first class office buildings in Brentwood, Tennessee, Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord arrange to be Tenant's equitable share of the monthly charge for billed directly by such electricity, as Additional Rentcontractor. Tenant shall cooperate provide Landlord with Landlord's efforts sufficient notice to cause permit Landlord to terminate any existing janitorial service contract orderly and without fee or penalty. In the utilities event Tenant elects to perform such janitorial services directly, then for purposes of determining Adjustment Rent, janitorial costs and expenses which were included in Expenses for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services Base Year shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish deducted from such Expenses for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicesBase Year.

Appears in 1 contract

Samples: Office Building Lease (Tractor Supply Co /De/)

Basic Services. Landlord agrees shall provide the existing equipment servicing the Premises in its “as is” condition in order to furnish to the Premisesprovide electric current, at a cost to be included in Operating Costsheat and air-conditioning therein. Landlord and Tenant hereby acknowledge that an independent heating, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays ventilation and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air air-conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of system (“HVAC System”) will service the Premises. In additionSubject to Section 9(b), Landlord Tenant shall provide electric current be responsible for normal lighting the maintenance and normal office machinesrepair of the HVAC System and shall, elevator at Tenant’s sole cost and expense, maintain a service and water maintenance contract for such HVAC System with a contractor reasonably approved by Landlord, which contractor shall perform all maintenance and repairs on the same floor HVAC System as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such necessary. The electricity (including, without limitation, electricity in order furnished to power the heating, ventilation and air conditioning system serving the Premises), as well as other utilities, shall be separately metered or submetered at upon delivery of the Premises to Tenant's expense and , provided Tenant shall contract with, and make payment payments directly to to, the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rentwell as any other entity providing other utilities to the Premises. Tenant shall cooperate with be responsible for retaining a bonded janitorial contractor, which contractor shall be reasonably approved by Landlord's efforts , and Tenant hereby acknowledges that Landlord shall have no obligation whatsoever to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable provide janitorial service to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidaysPremises. Tenant shall comply with all rules and regulations which Landlord may reasonably establish for the proper functioning and protection of any common systems of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systemsProject. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, Project at the rate generally charged by Landlord to tenants of the Project for such utilities or services.

Appears in 1 contract

Samples: Office Lease (Tut Systems Inc)

Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord Landlord, at a cost to be included in Operating Costs, shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation ventilating and air conditioning system serving the Premises), ) shall be separately metered or submetered at Tenant's ’s expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's ’s equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's ’s efforts to cause the utilities for the Project to comply with Landlord's ’s sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished as part of Operating Costs, five (5) days per week, excepting local and national holidays. Tenant shall comply with all reasonable and non-discriminatory rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article Section 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to all other tenants and occupants of the Project for such utilities or services.

Appears in 1 contract

Samples: Office Lease (ASC Acquisition LLC)

Basic Services. Landlord agrees to shall furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays following services: (i) -------------- heating and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary to provide a temperature condition required for the comfortable occupancy of the Premises. In additionPremises under normal business operations, and meeting the specifications attached hereto as Exhibit E (assuming customary commercial business operations and densities of personnel and heat-generating equipment not exceeding the assumed density and capacity set forth in Schedule 1 of the Work Letter Agreement), weekdays during the continuous 11-hour period designated by Tenant (which period must include the period from 8:00 A.M. to 6:00 P.M.), and Saturdays from 8:00 A.M. to 1:00 P.M., holidays excepted; (ii) water for drinking, and water for any private restrooms and office kitchen requested by Tenant; (iii) men's and women's restrooms with tempered running water at locations designated by Landlord and in common with other tenants of the Building; (iv) daily janitor service in the Premises and common areas of the Building, weekends and holidays excepted, including periodic outside window washing of the perimeter windows in the Premises (the current specifications for such janitor service are attached hereto as Exhibit F [and are subject to change from time to time in Landlord's reasonable discretion, provided such specifications are commensurate with those of Class A office buildings in Schaumburg, Illinois]); (v) elevator service in common with Landlord and other tenants of the Building, 24 hours a day, 7 days a week (including a "swing" elevator for moving freight, provided the moving of freight within the Building is subject to reasonable scheduling by Landlord); (vi) snow and ice removal from the sidewalks at the entrances to the Building within a reasonable period after it has stopped accumulating; (vii) vermin control, if necessary; and (viii) a card reader system for access to the floors of the Building and after-hours access to the Building entrances (not later than the Commencement Date Landlord shall provide electric current a reasonable number of access cards to Tenant for normal lighting its employees and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), costs thereof shall be separately metered included in Expenses [additional or submetered replacement access cards will be provided at Tenant's expense and Tenant shall make payment directly expense]); at least four surveillance cameras monitoring access points to the entity providing such electricity to Building as well as cameras monitoring any parking deck serving the Premises if such separate meters are installed. If, however, separate meters are not installed and Building; a security desk in the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share lobby of the monthly charge for such electricityBuilding manned, at a minimum, during the hours of 7:00 A.M. to 11:00 P.M., weekends and holidays excepted. For purposes of this Xxxxxxx 0.X, "xxxxxxxx" shall mean New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas, as Additional Rent. Tenant shall cooperate with well as, at Landlord's efforts to cause election, any other day that the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may includemajority of Class A office buildings in Schaumburg, without limitation, the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidays. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement Illinois treat as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicespublic holiday.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Basic Services. Landlord agrees to furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 8:00 a.m. to 1:00 p.m. noon on Saturdays, excepting local and national holidays, air conditioning and heat all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Premises. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord to be Tenant's equitable share of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts be solely responsible for retaining a bonded janitorial company to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable provide janitorial service to the Project. Such efforts may include, without limitation, Premises on a regular basis as reasonably approved by Landlord and Landlord shall have no obligation to provide janitorial services to the use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidaysPremises. Tenant shall comply with all rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or services.

Appears in 1 contract

Samples: Office Lease (Mitek Systems Inc)

Basic Services. Landlord agrees shall provide toilet room supplies, window washing at reasonable intervals, and customary Building janitorial service. Janitorial service shall be provided five days per week excluding service for legal holidays. Tenant shall reimburse Landlord for the costs of any janitorial or other services provided to Tenant which are in excess of those ordinarily provided. During Normal Building Hours, Landlord shall furnish to the Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays heating and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidays, air conditioning and heat all required in such reasonable quantities as in the Landlord’s judgment of Landlord is reasonably necessary for the comfortable use and occupancy of the Premises. If requested by Tenant, Landlord shall furnish heating and air conditioning at times other than Normal Building Hours at Landlord’s then standard hourly rate for after-hours services, which will be adjusted periodically, payable upon receipt of xxxxxxxx therefore. Electricity shall be provided by the applicable provider for normal office use, including lighting and operation of customary office machines, and water, both in quantities usually furnished or supplied by Landlord to tenants leasing space in the Building. The mechanical system is designed to accommodate normal and customary heating loads. Before installing lights and equipment in the Premises, which in the aggregate exceed the design of the systems or require more than 120 volts single phase, Tenant shall obtain the written permission of Landlord. Landlord may refuse to grant such permission unless Tenant agrees to pay in advance Landlord’s costs of installing metering and any supplementary air conditioning or electrical systems required by such equipment or lights. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay Landlord (except to the amount reasonably determined by Landlord extent the costs are billed directly to be Tenant's equitable share Tenant through separate metering), Landlord’s estimate of the monthly charge cost of furnishing electricity for such electricity, as Additional Rent. Tenant shall cooperate with equipment or lights and Landlord's efforts ’s estimate of the cost of operating and maintaining supplementary air conditioning related to cause the utilities for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the Tenant’s use of energy efficient bulbs in task lightingsuch equipment or lights. Landlord may install and operate, energy efficient lighting controls and measures at Tenant’s cost, a monitoring/metering system to avoid over-lighting interior spaces. Janitorial and maintenance services shall be furnished five (5) days per week, excepting local and national holidaysmeasure the added demands on electricity or HVAC systems. Tenant shall comply with all rules and regulations which Landlord may establish Landlord’s instruction for the proper functioning use of drapes, blinds and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systemsthermostats. Landlord shall not be liable for, and there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any provide such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay security for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities as it deems appropriate. During other than Normal Building Hours (Section 1), Landlord may restrict access to the Building in accordance with the Building’s security system (with access via key or servicescard key).

Appears in 1 contract

Samples: Office Lease

Basic Services. Landlord agrees shall provide lamp replacement service for Building standard light fixtures, toilet room supplies, window washing at reasonable intervals, and customary Building janitorial service. Janitorial service shall be provided five days per week excluding service for legal holidays. The costs of any janitorial or other services provided by Landlord to furnish Tenant which are in addition to the Premises, at a cost to services ordinarily provided by Landlord shall be included in Operating Costs, from reimbursed by Tenant as additional rent upon receipt of xxxxxxxx therefore. From 8:00 a.m. to 6:00 p.m. Mondays through Fridays on weekdays and from 9:00 a.m. to 1:00 p.m. on SaturdaysSaturdays excluding legal holidays (“Normal Business Hours”), excepting local Landlord shall furnish to the Premises the heating and national holidays, air conditioning and heat all required in such reasonable quantities as in the Landlord’s judgment of Landlord is reasonably necessary for the comfortable use and occupancy of the Premises. If requested by Tenant, Landlord shall furnish heating and air conditioning at times other than Normal Business Hours. The charge for after-hours HVAC service is $30.00 per hour, subject to periodic increase by Landlord, and shall be paid by Tenant as additional rent upon receipt of xxxxxxxx therefore. Landlord shall furnish the Premises with electricity for normal office use, including lighting and operation of customary office machines, and water, both in quantities usually furnished or supplied by Landlord to tenants leasing space in the Building. The mechanical system is designed to accommodate normal and customary heating loads. Before installing lights and equipment in the Premises, which in the aggregate exceed the design of the systems, Tenant shall obtain the written permission of Landlord. Landlord may refuse to grant such permission unless Tenant agrees to pay in advance Landlord’s costs of installing separate metering and any supplementary air conditioning or electrical systems required by such equipment or lights. In addition, Landlord shall provide electric current for normal lighting and normal office machines, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), shall be separately metered or submetered at Tenant's expense and Tenant shall make payment directly to the entity providing such electricity to the Premises if such separate meters are installed. If, however, separate meters are not installed and the Premises are submetered or are jointly metered, then Landlord shall determine and Tenant shall pay Landlord in advance, as additional rent (except to the amount reasonably determined by Landlord extent the costs are billed directly to be Tenant's equitable share Tenant through separate metering), on the first day of each month during the Term, the Landlord’s estimate of the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities cost of furnishing electricity for the Project to comply with operation of such equipment or lights and Landlord's sustainability practices ’s estimate of the cost of operating and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the maintaining supplementary air conditioning units necessitated by Tenant’s use of energy efficient bulbs in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spacessuch equipment or lights. Janitorial and maintenance services Landlord shall be furnished five (5) days per weekentitled to install and operate, excepting local at Tenant’s cost, a monitoring/metering system in the Premises to measure the added demands on electricity and national holidaysthe HVAC systems resulting from such equipment and lights. Tenant shall comply with all rules and regulations which Landlord may establish Landlord’s instruction for the proper functioning use of drapes, blinds and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systemsthermostats. Landlord shall not be liable forprovide such security for the Project as it deems appropriate. During other than Normal Business Hours, Landlord may restrict access to the Building in accordance with the Building’s security system, but during that time, Tenant will continue to have access via keys and card keys. Landlord shall provide two card keys to the Building and two keys for the corridor door entering the Premises, and there additional keys at a charge by Landlord on an order signed by Tenant. All such keys shall remain the property of Landlord. No additional locks shall be no rent abatement as a result ofallowed on any door of the Premises without Landlord’s written permission, and Tenant shall not make, or permit to be made, any stoppageduplicate keys, reduction or interruption except those furnished by Landlord. Upon termination of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11Lease, Tenant agrees shall surrender to pay for Landlord all utilities keys and other services utilized by Tenant and any additional building services furnished card keys to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord to tenants of the Project for such utilities or servicesPremises.

Appears in 1 contract

Samples: Office Lease (PortalPlayer, Inc.)

Basic Services. Landlord agrees to furnish to the Tower Premises, at a cost to be included in Operating Costs, from 8:00 a.m. to 6:00 p.m. Mondays through Fridays and 9:00 a.m. to 1:00 p.m. on Saturdays, excepting local and national holidaysHolidays (“Business Hours”), air conditioning and heat (“HVAC”) all in such reasonable quantities as in the judgment of Landlord is reasonably necessary for the comfortable occupancy of the Tower Premises. In additionLandlord shall use commercially reasonable efforts to cause the Tower’s HVAC system to perform in accordance with the ASHRAE Standard 2004. The term “Holidays” shall mean, as of the date of this Lease, New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day; provided, however, Landlord reserves the right to add other nationally recognized holidays. Subject to repairs (which, to the extent feasible, shall be scheduled outside of Business Hours), at least three (3) passenger elevators serving the Premises located in the Tower shall be running during Business Hours and at least one (1) passenger elevator and one (1) freight elevator shall be running at all other times. HVAC to the Annex Premises shall be provided by Landlord to all areas of the Annex Premises provided Tenant elects to convert the existing data center to office space; provided, however, that if Tenant elects not to convert the data center to office space, HVAC shall be provided by Landlord only to the office portion of the Annex Premises and Tenant shall be responsible for providing HVAC required by Tenant to the remaining portions of the Annex Premises. Landlord shall provide electric current for normal lighting and normal office machinesof six (6) xxxxx per usable square foot, elevator service and water on the same floor as the Premises for lavatory and drinking purposes in such reasonable quantities as in the judgment of Landlord is reasonably necessary for general office use and in compliance with applicable codes. To All utilities to the extent reasonably determined by Landlord to be practicable, all such electricity (including, without limitation, electricity in order to power the heating, ventilation and air conditioning system serving the Premises), Premises shall be separately metered or submetered at Tenant's expense Landlord’s cost and Tenant shall make payment directly to the entity entities providing such electricity to the Premises if such separate meters are installed. Ifutility services (provided, however, separate meters are not installed and that notwithstanding the Premises are submetered or are jointly meteredforegoing, then Landlord shall determine and Tenant shall pay the amount reasonably determined by Landlord parties acknowledge that electricity required in order to be Tenant's equitable share of power the monthly charge for such electricity, as Additional Rent. Tenant shall cooperate with Landlord's efforts to cause the utilities HVAC system for the Project to comply with Landlord's sustainability practices and any LEED rating (or other applicable certification standard) applicable to the Project. Such efforts may include, without limitation, the use of energy efficient bulbs Tower shall be included in task lighting, energy efficient lighting controls and measures to avoid over-lighting interior spacesOperating Costs). Janitorial and maintenance services shall be furnished five (5) days per week, excepting local Holidays in accordance with the specifications attached hereto as Exhibit “H” and national holidaysmade a part hereof. The cost of such janitorial service provided to the Tower Premises shall be included in Operating Costs; however, the cost of such janitorial service provided to the Annex Premises shall be payable by Tenant monthly, as Additional Rent. Landlord will provide a food service vendor for the Project; however, Tenant acknowledges that such food service may be temporarily discontinued for a change in vendor and/or remodeling, provided that Landlord shall use its best commercially reasonable efforts to minimize any discontinuation of such service and, in any event, such service shall not be discontinued for a period in excess of six (6) months. Furthermore, Landlord at all times during the Term shall provide a fitness center at the Project, provided that Tenant acknowledges that the size and level of service of such fitness center may change from time to time, Landlord shall not be obligated to provide a swimming pool in connection with such fitness center and such fitness center may temporarily close from time to time due to a change in vendor and/or remodeling. Tenant shall have the option, upon thirty (30) days prior written notice to Landlord, to provide its own janitorial service to the Annex Premises, provided that any janitorial contractor shall be subject to Landlord’s reasonable approval and must be bonded. Tenant shall comply with all reasonable rules and regulations which Landlord may establish for the proper functioning and protection of the common area air conditioning, heating, elevator, electrical, intrabuilding cabling and wiring and plumbing systems. Landlord shall not be liable for, and except as provided in Section 11(i) below, there shall be no rent abatement as a result of, any stoppage, reduction or interruption of any such services caused by governmental rules, regulations or ordinances, riot, strike, labor disputes, breakdowns, accidents, necessary repairs or other cause. Except as specifically provided in this Article 11, Tenant agrees to pay for all utilities and other services utilized by Tenant and any additional building services furnished to Tenant which are not uniformly furnished to all tenants of the Project, at the rate generally charged by Landlord Landlord’s actual cost to tenants of the Project for provide such utilities or servicesservice with no xxxx-up.

Appears in 1 contract

Samples: Assignment of Sublease Agreement (Coinstar Inc)

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