Building Security. A. Tenant, at its sole cost and expense, has heretofore caused Monarch Security to install security devices limiting access to the Building elevators and stairwells located on floors other than the floors of the Leased Premises in order to maintain the security of the Building. The intent of the security obligation contained herein is to prevent (i) Hospital patients, employees or visitors to the Hospital Space or any other third party from being able to access space in the Building other than the Hospital Space from the elevator, the stairwell or otherwise and (ii) tenants of space in the Building other than the Hospital Space or any other third party from being able to access the Hospital Space from the elevator, stairwell or otherwise. B. Landlord and Tenant have agreed that security service to the Complex and the Garage shall be provided seven (7) days a week, twenty-four (24) hours a day and the responsibility for providing such security service shall be allocated between Landlord and Tenant in accordance with the following provisions: (1) Landlord, as a General Operating Expense, shall provide security service to the Complex and Garage (except to the extent that Tenant wishes to provide its own security to the Leased Premises and the Common Areas of the floors on which the Leased Premises are located and so instructs Landlord) from 7:00 a.m. to 6:00 p.m. on Monday through Friday and from 8:00 a.m. to 12:00 p.m. on Saturday (excluding the Holidays as defined in Section 8.A above) (the “Stipulated Security Hours”). (2) Landlord, subject to reimbursement by Tenant as a Tenant Special Expense, shall provide security service to the Garage at all times other than the Stipulated Security Hours; provided, however, if there are other tenants or other persons who use parking spaces in the Garage at times other than the Stipulated Security Hours (excluding tenants or other persons that may use the Garage on an infrequent or occasional basis) (“After Hours Users”), Landlord shall allocate the expense of such security service to the Garage among Tenant and such After Hours Users in a fair and equitable manner based on the hours (other than the Stipulated Security Hours) in which such security service is available to such tenants or other persons. In particular, HMSD, Inc. d/b/a Sleep Diagnostic Center (“SDC”) shall not be considered an After Hours User so long as SDC operates its business as currently operated. SDC is an existing tenant of the ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ that operates its business at times other than the Stipulated Security Hours. Its customers sleep overnight in the premises leased by SDC and therefore, although customers and employees of SDC may park in the Garage, they use the Garage during times other than the Stipulated Security Hours only on an infrequent or occasional basis. (3) Tenant, at its expense, shall provide security service to the Leased Premises and the Common Areas of the floors on which the Leased Premises are located seven (7) days a week, twenty-four (24) hours a day to the extent deemed necessary and appropriate by Tenant. Landlord and Tenant agree to cooperate with each other in reviewing the security coverage for the Complex, Garage and Leased Premises in order to reduce the overall costs of security consistent with the obligations of each party hereunder and applicable law. Landlord shall provide such security service to the Complex and Garage to the extent provided above by engaging a third-party security service firm to provide security to the Complex (excluding the Leased Premises) and Garage consistent with the level of security provided in comparable buildings in the Medical Center area of Houston, Texas. Tenant shall provide such security service to the Leased Premises and the Common Areas of the floors on which the Leased Premises are located by engaging a third-party security service firm to conduct roving patrols of the Leased Premises to the extent deemed necessary and appropriate by Tenant. The agreements of Landlord and Tenant to provide the security service provided above is not and does not constitute a guarantee of security to the tenants and/or employees of tenants in the Building and/or visitors, patients or invitees to the Building.
Appears in 2 contracts
Sources: Lease Agreement (University General Health System, Inc.), Lease Agreement (University General Health System, Inc.)
Building Security. A. Tenant shall provide a lobby guard service 24 hours per day, seven days per week, at Tenant's sole cost and expense; provided, however, that if the ground floor lobby-lanes shall have been eliminated pursuant to Paragraph 2(b)(3) of this Lease, Tenant shall not have the obligation to provide a lobby guard service. In such event, Landlord shall provide all security services as shall be consistent with the standard of operation for comparable buildings in the Downtown Financial District with the cost thereof to be charged as an Occupancy Cost hereunder. Unless Tenant shall have exercised its right pursuant to Paragraph 2(b) to terminate this Lease with respect to any portion of the Premises, any other security in the Building or the Premises shall also be provided by Tenant at its sole cost and expense, has heretofore caused Monarch Security to install . All security devices limiting access to the Building elevators and stairwells located on floors other than the floors of the Leased Premises in order to maintain the security of the Building. The intent of the security obligation contained herein is to prevent (i) Hospital patients, employees or visitors to the Hospital Space or any other third party from being able to access space in the Building other than the Hospital Space from the elevator, the stairwell or otherwise and (ii) tenants of space in the Building other than the Hospital Space or any other third party from being able to access the Hospital Space from the elevator, stairwell or otherwise.
B. Landlord and arrangements provided for by Tenant have agreed that security service to the Complex and the Garage shall be provided seven (7) days a week, twenty-four (24) hours a day and the responsibility for providing such security service shall be allocated between Landlord and Tenant in accordance with the following provisions:
(1) Landlord, as a General Operating Expense, shall provide security service to the Complex and Garage (except to the extent that Tenant wishes to provide its own security to the Leased Premises and the Common Areas of the floors on which the Leased Premises are located and so instructs Landlord) from 7:00 a.m. to 6:00 p.m. on Monday through Friday and from 8:00 a.m. to 12:00 p.m. on Saturday (excluding the Holidays as defined in Section 8.A above) (the “Stipulated Security Hours”).
(2) Landlord, subject to reimbursement by Tenant as a Tenant Special Expense, Landlord's prior written consent which shall provide security service to the Garage at all times other than the Stipulated Security Hoursnot be unreasonably withheld or delayed; provided, however, if there that Landlord shall have no right of approval over security guards who are other tenants employees of Tenant. All security arrangements made by Tenant shall be established on terms and conditions that do not unreasonably interfere with or other persons who use parking spaces restrict Landlord's rights hereunder or its ability to perform work required to be performed in the Garage at times other than the Stipulated Security Hours (excluding tenants fulfillment of Landlord's obligations under this Lease or other persons that may use the Garage on an infrequent or occasional basis) (“After Hours Users”), Landlord shall allocate the expense of such security service 39 48 its ability to the Garage among Tenant and such After Hours Users in a fair and equitable manner based on the hours (other than the Stipulated Security Hours) in which such security service is market available to such tenants or other persons. In particular, HMSD, Inc. d/b/a Sleep Diagnostic Center (“SDC”) shall not be considered an After Hours User so long as SDC operates its business as currently operated. SDC is an existing tenant of the ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ that operates its business at times other than the Stipulated Security Hours. Its customers sleep overnight in the premises leased by SDC and therefore, although customers and employees of SDC may park in the Garage, they use the Garage during times other than the Stipulated Security Hours only on an infrequent or occasional basis.
(3) Tenant, at its expense, shall provide security service to the Leased Premises and the Common Areas of the floors on which the Leased Premises are located seven (7) days a week, twenty-four (24) hours a day to the extent deemed necessary and appropriate by Tenant. Landlord and Tenant agree to cooperate with each other in reviewing the security coverage for the Complex, Garage and Leased Premises in order to reduce the overall costs of security consistent with the obligations of each party hereunder and applicable law. Landlord shall provide such security service to the Complex and Garage to the extent provided above by engaging a third-party security service firm to provide security to the Complex (excluding the Leased Premises) and Garage consistent with the level of security provided in comparable buildings in the Medical Center area of Houston, Texas. Tenant shall provide such security service to the Leased Premises and the Common Areas of the floors on which the Leased Premises are located by engaging a third-party security service firm to conduct roving patrols of the Leased Premises to the extent deemed necessary and appropriate by Tenant. The agreements of Landlord and Tenant to provide the security service provided above is not and does not constitute a guarantee of security to the tenants and/or employees of tenants space in the Building and/or visitorsor to operate the Building. Without affecting or reducing Tenant's obligations to provide security, patients or invitees Tenant may eliminate the ground floor lobby lanes in the Building on not less than thirty (30) days prior written notice to Landlord without exercising an option to terminate this Lease pursuant to Paragraph 2.(b). Within thirty (30) days after receipt of an invoice submitted together with supporting information, Tenant shall reimburse Landlord for the cost of repairing all damage caused by such removal and restoration of the lobby (including, but without limitation, replacement of floor tiles, the Building directory and metal trim) as close as is reasonably possible to the Buildingoriginal architectural design and quality of finishes.
Appears in 1 contract
Building Security. A. Tenant, at its sole cost and expense, has heretofore caused Monarch Security to install security devices limiting access to the Building elevators and stairwells located on floors other than the floors As of the Leased Premises in order to maintain date hereof, Landlord provides roaming patrol and building monitoring services ("Building Monitor Service") for the security of Development and the Building. The intent of the security obligation contained herein is to prevent Tenant acknowledges and agrees that: (i) Hospital patients, employees or visitors to the Hospital Space or any other third party from being able to access space in Landlord does not provide separate security service for the Building other than the Hospital Space from the elevatorcard-key security system described below, the stairwell or otherwise and (ii) tenants security officers are not stationed at permanent positions within the Building or the Development, (iii) the Building Monitor Service does not constitute a covenant, warranty or promise that such services will be provided for the Building at all times, and is subject to change without notice, (iv) Tenant is responsible for conducting itself in a reasonable manner under all circumstances to avoid risk of space injury to persons or damage to property, and (v) Tenant is responsible for securing and insuring its own personal property and for obtaining commercial general liability insurance for injury and/or death to persons and damage to property as provided in the Lease. Accordingly, Landlord shall not be liable to Tenant for any loss or damage, including the theft of Tenant's property, arising out of or in connection with the failure of the Building other than the Hospital Space or Monitor Service and/or any other third party from being able to access security services. The Building Monitor Service and/or the Hospital Space from termination thereof shall not in any way alter the elevatorrespective rights, stairwell obligations or otherwise.
B. liabilities of Landlord and Tenant have agreed that under the Lease. As of the date of the Lease, Landlord provides card-key security service access to the Complex and Building during other than normal business hours. If the Garage shall be provided seven (7) days Building Monitoring Service is discontinued, then Landlord agrees to continuously maintain security services for the Building at a week, twenty-four (24) hours a day and reasonable level throughout the responsibility for providing such security service shall be allocated between Landlord and Tenant in accordance with remainder of the following provisions:
(1) Landlord, as a General Operating Expense, shall provide security service Term of the Lease. Subject to the Complex and Garage (except to the extent that Tenant wishes to provide its own security to the Leased Premises and the Common Areas of the floors on which the Leased Premises are located and so instructs Landlord) from 7:00 a.m. to 6:00 p.m. on Monday through Friday and from 8:00 a.m. to 12:00 p.m. on Saturday (excluding the Holidays as defined in Section 8.A above) (the “Stipulated Security Hours”).
(2) Landlord, subject to reimbursement by Tenant as a Tenant Special Expense, shall provide security service to the Garage at all times other than the Stipulated Security Hours; provided, however, if there are other tenants or other persons who use parking spaces in the Garage at times other than the Stipulated Security Hours (excluding tenants or other persons that may use the Garage on an infrequent or occasional basis) (“After Hours Users”)immediately preceding sentence, Landlord shall allocate have the expense right, at Landlord's sole discretion, to increase, decrease, eliminate or otherwise modify the amount and/or type of such any security service services provided to the Garage among Tenant and such After Hours Users in a fair and equitable manner based on the hours (other than the Stipulated Security Hours) in which such security service is available to such tenants or other personsBuilding by Landlord. In particular, HMSD, Inc. d/b/a Sleep Diagnostic Center (“SDC”) shall not be considered an After Hours User so long as SDC operates its business as currently operated. SDC is an existing tenant of the ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ that operates its business at times other than the Stipulated Security Hours. Its customers sleep overnight in the premises leased by SDC and therefore, although customers and employees of SDC may park in the Garage, they use the Garage during times other than the Stipulated Security Hours only on an infrequent or occasional basis.
(3) Tenant, at its expense, shall provide security service to the Leased Premises and the Common Areas of the floors on which the Leased Premises are located seven (7) days a week, twenty-four (24) hours a day to the extent deemed necessary and appropriate by Tenant. If Landlord and Tenant agree to cooperate with each other in reviewing the security coverage for the Complex, Garage and Leased Premises in order to reduce the overall costs of security consistent with the obligations of each party hereunder and applicable law. Landlord shall provide such security service to the Complex and Garage to the extent provided above by engaging a third-party security service firm elects to provide security to the Complex (excluding Building, then Tenant expressly acknowledges that Landlord shall not be deemed to have warranted the Leased Premises) efficiency of any security personnel, service, procedures or equipment and Garage consistent with Landlord shall not be liable in any manner for the level failure of security provided in comparable buildings in the Medical Center area of Houston, Texas. Tenant shall provide any such security service personnel, services, procedures or equipment to prevent or control, or apprehend anyone suspected of personal injury, property damage or any criminal conduct in, on or around the Leased Premises and Building. The cost of any security services provided by Landlord for the Common Areas benefit of the floors on which the Leased Premises are located by engaging Building shall be included as a third-party security service firm to conduct roving patrols part of the Leased Premises to the extent deemed necessary and appropriate by Tenant. The agreements of Landlord and Tenant to provide the security service provided above is not and does not constitute a guarantee of security to the tenants and/or employees of tenants in the Building and/or visitors, patients or invitees to the BuildingOperating Expenses.
Appears in 1 contract
Sources: Office Building Lease (California First National Bancorp)
Building Security. A. TenantSublandlord (or its property manager), as part of the Costs of Operation, shall provide uniformed ground floor patrol services for the Building and at the entrance to the Parking Garage. Notwithstanding Sublandlord's obligation to provide uniformed patrol services for the Building, Sublandlord shall be in no event obligated to provide armed guards at the Building. Subtenant acknowledges that Sublandlord's patrol service is not a security service. It is further acknowledged and agreed that Sublandlord makes no representation or warranty to Subtenant as to the protection which may be provided by Sublandlord's patrol measures to Subtenant's employees or visitors, and Sublandlord shall not be responsible for any criminal acts which may be committed within the Common Areas or at or around the Premises, the Building, or the Parking Garage. Subject to the requirements of the Work Letter and the terms of Section 8 (Alterations), if applicable, Subtenant shall be permitted at its sole cost and expense, has heretofore caused Monarch Security to install its own security devices limiting system (such as a card key system) and may retain supplemental security services for its Premises (but in no event shall such supplemental security services consist of armed guards), so long as such systems and services are compatible with Sublandlord's security measures for the Building. If Subtenant elects to employ any of its own security measures, Sublandlord and Subtenant agree to use reasonable efforts to coordinate their respective security functions and shall cooperate to develop procedures to implement their respective procedures in an efficient and effective manner. In addition, Subtenant shall provide to Sublandlord and/or the Building Manager all current access codes and key cards necessary to gain access to the Building elevators and stairwells located on floors other than the floors of the Leased Premises in order to maintain the security of the BuildingPremises. The intent of the security obligation contained herein is to prevent Subtenant assumes responsibility for (i) Hospital patientskeeping the Premises reasonably secure, employees or visitors to the Hospital Space or any other third party from being able to access space in the Building other than the Hospital Space from the elevator, the stairwell or otherwise and (ii) tenants of space locking the doors in and to the Premises. Any damage to Subtenant's property or the Premises resulting from neglect shall be paid for by Subtenant, subject to Subtenant's right to collect insurance proceeds and proceed against third parties. All property belonging to Subtenant or any person in the Building other than the Hospital Space or any other third party from being able to access the Hospital Space from the elevator, stairwell or otherwise.
B. Landlord and Tenant have agreed that security service to the Complex and the Garage Premises shall be provided seven (7) days a weekthere at the sole risk of the Subtenant or such other person only, twenty-four (24) hours a day and the responsibility Sublandlord and its agents and employees shall not be liable for providing such security service shall be allocated between Landlord and Tenant in accordance with the following provisions:
(1) Landlordtheft or misappropriation, as a General Operating Expense, shall provide security service to the Complex and Garage (except to the extent that Tenant wishes to provide resulting from the gross negligence or willful misconduct of Sublandlord or its own security to the Leased Premises and the Common Areas of the floors on which the Leased Premises are located and so instructs Landlord) from 7:00 a.m. to 6:00 p.m. on Monday through Friday and from 8:00 a.m. to 12:00 p.m. on Saturday (excluding the Holidays as defined in Section 8.A above) (the “Stipulated Security Hours”)agents, employees or contractors.
(2) Landlord, subject to reimbursement by Tenant as a Tenant Special Expense, shall provide security service to the Garage at all times other than the Stipulated Security Hours; provided, however, if there are other tenants or other persons who use parking spaces in the Garage at times other than the Stipulated Security Hours (excluding tenants or other persons that may use the Garage on an infrequent or occasional basis) (“After Hours Users”), Landlord shall allocate the expense of such security service to the Garage among Tenant and such After Hours Users in a fair and equitable manner based on the hours (other than the Stipulated Security Hours) in which such security service is available to such tenants or other persons. In particular, HMSD, Inc. d/b/a Sleep Diagnostic Center (“SDC”) shall not be considered an After Hours User so long as SDC operates its business as currently operated. SDC is an existing tenant of the ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ that operates its business at times other than the Stipulated Security Hours. Its customers sleep overnight in the premises leased by SDC and therefore, although customers and employees of SDC may park in the Garage, they use the Garage during times other than the Stipulated Security Hours only on an infrequent or occasional basis.
(3) Tenant, at its expense, shall provide security service to the Leased Premises and the Common Areas of the floors on which the Leased Premises are located seven (7) days a week, twenty-four (24) hours a day to the extent deemed necessary and appropriate by Tenant. Landlord and Tenant agree to cooperate with each other in reviewing the security coverage for the Complex, Garage and Leased Premises in order to reduce the overall costs of security consistent with the obligations of each party hereunder and applicable law. Landlord shall provide such security service to the Complex and Garage to the extent provided above by engaging a third-party security service firm to provide security to the Complex (excluding the Leased Premises) and Garage consistent with the level of security provided in comparable buildings in the Medical Center area of Houston, Texas. Tenant shall provide such security service to the Leased Premises and the Common Areas of the floors on which the Leased Premises are located by engaging a third-party security service firm to conduct roving patrols of the Leased Premises to the extent deemed necessary and appropriate by Tenant. The agreements of Landlord and Tenant to provide the security service provided above is not and does not constitute a guarantee of security to the tenants and/or employees of tenants in the Building and/or visitors, patients or invitees to the Building.
Appears in 1 contract
Building Security. A. TenantSublandlord (or its property manager) shall, as part of the Costs of Operation, provide security services for the Building, including the Parking Garage, in a manner consistent with the security services provided in Comparable Buildings. Sublandlord shall be in no event obligated to provide armed guards at the Building. Subject to the requirements of the Work Letter and terms of Section 8 (Alterations), if applicable, Subtenant shall be permitted at its sole cost and expense, has heretofore caused Monarch Security to install its own security devices limiting access to the Building elevators system (such as a card key system) and stairwells located on floors other than the floors may retain supplemental security services for its Premises (but in no event such supplemental security services consist of the Leased Premises in order to maintain the armed guards), so long as such systems and services are compatible with Sublandlord's security of measures for the Building. The intent If Subtenant elects to employ any of the its own security obligation contained herein is measures, Sublandlord and Subtenant agree to prevent (i) Hospital patients, employees or visitors use reasonable efforts to coordinate their respective security functions and shall cooperate to develop procedures to implement their respective procedures in an efficient and effective manner. Notwithstanding anything to the Hospital Space or any other third party from being able to access space in the Building other than the Hospital Space from the elevatorcontrary herein, the stairwell or otherwise and (ii) tenants of space in the Building other than the Hospital Space or any other third party from being able to access the Hospital Space from the elevator, stairwell or otherwise.
B. Landlord and Tenant have agreed that security service to the Complex and the Garage shall be provided seven (7) days a week, twenty-four (24) hours a day and the Subtenant assumes responsibility for providing such security service shall be allocated between Landlord and Tenant in accordance with the following provisions:
(1) Landlordkeeping the Premises reasonably secure, as a General Operating Expense, shall provide security service and (2) locking the doors in and to the Complex Premises. Any damage to Subtenant's property or the Premises resulting from neglect shall be paid for by Subtenant, subject to Subtenant's right to collect insurance proceeds and Garage (proceed against third parties. All property belonging to Subtenant or any person in the Premises shall be there at the sole risk of the Subtenant or such other person only, and Sublandlord and its agents and employees shall not be liable for theft or misappropriation, except to the extent resulting from the gross negligence or willful misconduct of Sublandlord or its agents, employees or contractors. It is further acknowledged and agreed that Tenant wishes Sublandlord makes no representation or warranty to provide its own security Subtenant as to the Leased Premises protection which may be provided by Sublandlord's security measures to Subtenant's employees or visitors, and Sublandlord shall not be responsible for any criminal acts which may be committed within the Common Areas of or at or around the floors on which the Leased Premises are located and so instructs Landlord) from 7:00 a.m. to 6:00 p.m. on Monday through Friday and from 8:00 a.m. to 12:00 p.m. on Saturday (excluding the Holidays as defined in Section 8.A above) (the “Stipulated Security Hours”).
(2) Landlord, subject to reimbursement by Tenant as a Tenant Special Expense, shall provide security service to the Garage at all times other than the Stipulated Security Hours; provided, however, if there are other tenants or other persons who use parking spaces in the Garage at times other than the Stipulated Security Hours (excluding tenants or other persons that may use the Garage on an infrequent or occasional basis) (“After Hours Users”), Landlord shall allocate the expense of such security service to the Garage among Tenant and such After Hours Users in a fair and equitable manner based on the hours (other than the Stipulated Security Hours) in which such security service is available to such tenants or other persons. In particular, HMSD, Inc. d/b/a Sleep Diagnostic Center (“SDC”) shall not be considered an After Hours User so long as SDC operates its business as currently operated. SDC is an existing tenant of the ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ that operates its business at times other than the Stipulated Security Hours. Its customers sleep overnight in the premises leased by SDC and therefore, although customers and employees of SDC may park in the Garage, they use the Garage during times other than the Stipulated Security Hours only on an infrequent or occasional basis.
(3) Tenant, at its expense, shall provide security service to the Leased Premises and the Common Areas of the floors on which the Leased Premises are located seven (7) days a week, twenty-four (24) hours a day to the extent deemed necessary and appropriate by Tenant. Landlord and Tenant agree to cooperate with each other in reviewing the security coverage for the Complex, Garage and Leased Premises in order to reduce the overall costs of security consistent with the obligations of each party hereunder and applicable law. Landlord shall provide such security service to the Complex and Garage to the extent provided above by engaging a third-party security service firm to provide security to the Complex (excluding the Leased Premises) and Garage consistent with the level of security provided in comparable buildings in the Medical Center area of Houston, Texas. Tenant shall provide such security service to the Leased Premises and the Common Areas of the floors on which the Leased Premises are located by engaging a third-party security service firm to conduct roving patrols of the Leased Premises to the extent deemed necessary and appropriate by Tenant. The agreements of Landlord and Tenant to provide the security service provided above is not and does not constitute a guarantee of security to the tenants and/or employees of tenants in the Building and/or visitors, patients or invitees to the Building.
Appears in 1 contract
Sources: Sublease (Focal Communications Corp)
Building Security. A. TenantAccess for the Premises and the Property shall be via a card reader system or similar device, at its sole cost and expense, has heretofore caused Monarch Security in the event that such system fails to install security devices limiting operate on any occasion Sublandlord shall provide access to the Premises through a reasonable alternative means. Subtenant acknowledges and agrees that access to the Building elevators (and stairwells located on floors other than the floors portions of the Leased Premises in order Property) and access to maintain the security and use of the BuildingPremises are subject at all times to security procedures that the Prime Landlord or Sublandlord, or both, may impose from time to time following prior written notice to Subtenant. The intent Sublandlord agrees to act reasonably with respect to establishment and application of the its security obligation contained herein is to prevent (i) Hospital patientsprocedures, employees or visitors including reasonable prior notice of changes in any such procedures to the Hospital Space or any other third party from being able extent practicable. If Sublandlord requires, Subtenant agrees to access space in furnish to the Building other than the Hospital Space from the elevator, the stairwell or otherwise and (ii) tenants of space in the Building other than the Hospital Space or any other third party from being able to access the Hospital Space from the elevator, stairwell or otherwise.
B. Prime Landlord and Tenant have agreed that Sublandlord a personnel list for its employees who are permitted access to the Premises and such other information as the Prime Landlord or Sublandlord may reasonably request, which information shall be updated from time to time by Subtenant to enable any Building or Property security service to the Complex and the Garage shall be provided seven (7) days a week, twenty-four (24) hours a day and the responsibility for providing such security service shall be allocated between Landlord and Tenant in accordance with the following provisions:
(1) Landlord, as a General Operating Expense, shall provide security service identify those personnel of Subtenant who are entitled to the Complex and Garage (except to the extent that Tenant wishes to provide its own security to the Leased Premises and the Common Areas of the floors on which the Leased Premises are located and so instructs Landlord) from 7:00 a.m. to 6:00 p.m. on Monday through Friday and from 8:00 a.m. to 12:00 p.m. on Saturday (excluding the Holidays as defined in Section 8.A above) (the “Stipulated Security Hours”).
(2) Landlord, subject to reimbursement by Tenant as a Tenant Special Expense, shall provide security service to the Garage at all times other than the Stipulated Security Hoursaccess; provided, however, if there are other tenants that neither Sublandlord nor Prime Landlord shall be responsible for the denial of access to those persons not reasonably identifiable as approved personnel or other persons who use parking spaces invitees of Subtenant. Subtenant acknowledges and agrees that access to the Building, appurtenant areas, and the Premises is subject at all times to such security procedures, including, without limitation, required evacuation in the Garage event of an emergency and in such event, Subtenant shall not be entitled to an abatement of Rent nor shall Subtenant have any claim for constructive eviction. Sublandlord may from time to time provide additional security services to the Building and the Prime Lease Premises, including, without limitation, one or more manned or unmanned security stations, security patrols, security cameras and video-monitoring, all as Sublandlord may deem necessary or proper in its commercially reasonable discretion. Sublandlord shall provide to Subtenant up to forty-five (45) access cards to the Building and the Premises at times other no cost to Subtenant, provided the same are requested by Subtenant (with applicable employee names) not later than September 30, 2020. Thereafter, Subtenant shall pay to Sublandlord the Stipulated Security Hours actual cost incurred by Sublandlord to provide key cards or access cards to Subtenant for its employees (excluding tenants or other persons that may use the Garage on an infrequent or occasional basis) (“After Hours Users”and any replacements thereof), Landlord together with Subtenant’s share of all other costs and expenses incurred by Sublandlord during the Term in connection with any security measures, services and equipment implemented at Subtenant’s request or otherwise for the sole benefit of Subtenant. Such amounts shall allocate be payable within thirty (30) days following Sublandlord’s monthly written invoices to Subtenant for the expense same, or at Sublandlord’s option Sublandlord may require Subtenant to pay estimated installments on account of such security service costs, subject to annual reconciliation at the Garage among Tenant same time and such After Hours Users in a fair and equitable manner based on the hours (other than the Stipulated Security Hours) in which such security service is available to such tenants or other persons. In particular, HMSD, Inc. d/b/a Sleep Diagnostic Center (“SDC”) shall not be considered an After Hours User so long as SDC operates its business as currently operated. SDC is an existing tenant of the ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ that operates its business at times other than the Stipulated Security Hours. Its customers sleep overnight in the premises leased by SDC and therefore, although customers and employees of SDC may park in the Garage, they use the Garage during times other than the Stipulated Security Hours only on an infrequent or occasional basissame manner as additional rent is determined under Section 7 hereof.
(3) Tenant, at its expense, shall provide security service to the Leased Premises and the Common Areas of the floors on which the Leased Premises are located seven (7) days a week, twenty-four (24) hours a day to the extent deemed necessary and appropriate by Tenant. Landlord and Tenant agree to cooperate with each other in reviewing the security coverage for the Complex, Garage and Leased Premises in order to reduce the overall costs of security consistent with the obligations of each party hereunder and applicable law. Landlord shall provide such security service to the Complex and Garage to the extent provided above by engaging a third-party security service firm to provide security to the Complex (excluding the Leased Premises) and Garage consistent with the level of security provided in comparable buildings in the Medical Center area of Houston, Texas. Tenant shall provide such security service to the Leased Premises and the Common Areas of the floors on which the Leased Premises are located by engaging a third-party security service firm to conduct roving patrols of the Leased Premises to the extent deemed necessary and appropriate by Tenant. The agreements of Landlord and Tenant to provide the security service provided above is not and does not constitute a guarantee of security to the tenants and/or employees of tenants in the Building and/or visitors, patients or invitees to the Building.
Appears in 1 contract
Building Security. A. Tenant, at its sole cost and expense, has heretofore caused Monarch Security to install security devices limiting access to the Building elevators and stairwells located on floors other than the floors of the Leased Premises in order to maintain the security of the Building. The intent of the security obligation contained herein is to prevent (i) Hospital patients, employees or visitors to the Hospital Space or any other third party from being able to access space in the Building other than the Hospital Space from the elevator, the stairwell or otherwise and (ii) tenants of space in the Building other than the Hospital Space or any other third party from being able to access the Hospital Space from the elevator, stairwell or otherwise.
B. Landlord and Tenant have agreed that security service to the Complex and the Garage shall be provided seven (7) days a week, twenty-four (24) hours a day and the responsibility for providing such security service shall be allocated between Landlord and Tenant in accordance with the following provisions:
(1) Landlord, as a General Operating Expense, shall provide security service to the Complex and Garage (except to the extent that Tenant wishes to provide its own security to the Leased Premises and the Common Areas of the floors on which the Leased Premises are located and so instructs Landlord) from 7:00 a.m. to 6:00 p.m. 6:00p.m. on Monday through Friday and from 8:00 a.m. to 12:00 p.m. on Saturday (excluding the Holidays as defined in Section 8.A above) (the “Stipulated Security Hours”).
(2) Landlord, subject to reimbursement by Tenant as a Tenant Special Expense, shall provide security service to the Garage at all times other than the Stipulated Security Hours; provided, however, if there are other tenants or other persons who use parking spaces in the Garage at times other than the Stipulated Security Hours (excluding tenants or other persons that may use the Garage on an infrequent or occasional basis) (“After Hours Users”), Landlord shall allocate the expense of such security service to the Garage among Tenant and such After Hours Users in a fair and equitable manner based on the hours (other than the Stipulated Security Hours) in which such security service is available to such tenants or other persons. In particular, HMSD, Inc. d/b/a Sleep Diagnostic Center (“SDC”) shall not be considered an After Hours User so long as SDC operates its business as currently operated. SDC is an existing tenant of the ▇7▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ that operates its business at times other than the Stipulated Security Hours. Its customers sleep overnight in the premises leased by SDC and therefore, although customers and employees of SDC may park in the Garage, they use the Garage during times other than the Stipulated Security Hours only on an infrequent or occasional basis.
(3) Tenant, at its expense, shall provide security service to the Leased Premises and the Common Areas of the floors on which the Leased Premises are located seven (7) days a week, twenty-four (24) hours a day to the extent deemed necessary and appropriate by Tenant. Landlord and Tenant agree to cooperate with each other in reviewing the security coverage for the Complex, Garage and Leased Premises in order to reduce the overall costs of security consistent with the obligations of each party hereunder and applicable law. Landlord shall provide such security service to the Complex and Garage to the extent provided above by engaging a third-party security service firm to provide security to the Complex (excluding the Leased Premises) and Garage consistent with the level of security provided in comparable buildings in the Medical Center area of Houston, Texas. Tenant shall provide such security service to the Leased Premises and the Common Areas of the floors on which the Leased Premises are located by engaging a third-party security service firm to conduct roving patrols of the Leased Premises to the extent deemed necessary and appropriate by Tenant. The agreements of Landlord and Tenant to provide the security service provided above is not and does not constitute a guarantee of security to the tenants and/or employees of tenants in the Building and/or visitors, patients or invitees to the Building.
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