Common use of Building Services Clause in Contracts

Building Services. Lessor shall provide the normal utility service connections to the Building. Lessee shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.

Appears in 3 contracts

Sources: Commercial Lease (American Telesource International Inc), Commercial Lease (American Telesource International Inc), Commercial Lease (Globalscape Inc)

Building Services. Lessor 7.01 Landlord shall furnish Tenant with the following services: (a) water for use in the Base Building lavatories and the kitchen located in the Premises; (b) customary heat and air conditioning in season for first class office buildings in the Greater Boston metropolitan area during Building Service Hours; provided that Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service so long as Tenant requests same by written notice to Landlord not later than 12:00 noon on the Business Day preceding the day of such overtime usage; (c) standard janitorial service on Business Days; (d) Elevator service; (e) Electricity in accordance with the terms and conditions in Section 7.02; and (f) such other services as Landlord reasonably determines are necessary or appropriate for the Property. (a) Electricity shall be distributed to the Premises either by the electric utility company Selected by Landlord to provide electricity service for the normal Building or, at Landlord’s option, by Landlord; and Landlord shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such distribution. If and so long as Landlord is distributing electricity to the Premises, Tenant shall obtain all of its electricity from Landlord and shall pay all of Landlord’s charges as Additional Rent, which charges shall be based on meter readings from a submeter to the Premises to be installed by Landlord at Landlord’s sole cost. All electricity used during the performance of janitorial service, or the making of any alterations or repairs in or to the Premises, or the operation of any special air conditioning system serving the Premises, shall be paid by Tenant. Landlord has advised Tenant that presently NSTAR (the “Electric Service Provider”) is the electric utility company selected by Landlord to provide electricity service connections for the Building. Notwithstanding the foregoing, Landlord reserves the right at any time and from time to time before or during the Term to either contract for electric service from a different company or companies providing electricity service (each such company shall hereinafter be referred to as an “Alternative Service Provider”) or continue to contract for electricity service from the Electric Service Provider. Tenant shall cooperate with Landlord, the Electric Service Provider and any Alternative Service Provider at all times and, as reasonably necessary, shall allow Landlord, the Electric Service Provider and any Alternative Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring and other machinery within the Premises. (b) Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Lessee Landlord shall have the right to measure electrical usage by commonly accepted methods. If it is determined that Tenant is using excess electricity, Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges Landlord for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such excess electrical usage as Additional Rent. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants equipment, the performance of repairs, improvements or solids other than ordinary human waste into alterations, utility interruptions or the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance occurrence of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use an event of the sanitary sewer system. If the Leased Premises are Force Majeure (defined in Section 26.03) (collectively a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor “Service Failure”) shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not render Landlord liable to Lessee in any respect for damages to either personTenant, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an constitute a constructive eviction of Lessee or entitle Lessee Tenant, give rise to (i) any an abatement of rentRent, (ii) terminate nor relieve Tenant from the Lease, or (iii) be relieved from fulfilling obligation to fulfill any covenant or agreement contained hereinagreement. Should any malfunction Notwithstanding the forgoing, in the event of the improvements or facilities to the Leased Premises or Building a Service Failure that lasts for longer than five (which by definition do not include any improvements or facilities of Lessee above Building standard improvements5) occur for any reasonconsecutive Business Days, Lessor Tenant shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or receive a per diem abatement of rent or damages Base Rent and Tenant’s Pro-rata Share of Taxes and Operating Expenses commencing on account the sixth (6th) consecutive Business Day of such malfunction or of any interruptions in service occasioned thereby or resulting therefromService Failure and ending on the day such Service Failure is restored.

Appears in 3 contracts

Sources: Office Lease Agreement (Imprivata Inc), Office Lease Agreement (Imprivata Inc), Office Lease Agreement (Imprivata Inc)

Building Services. (a) Lessor shall provide the normal utility service connections to the Building. Lessee shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and deposits, initial connection chargecharges, all charges for gas, electricity, telephone, water, sprinkler monitoring devices, sanitary and storm sewer service service, and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting)property, Lessor shall make a reasonable determination of Lessee's ’s proportionate share of the cost of such services and Lessee shall pay such share to Lessor within with ten (10) days of receipt of any invoice thereof. In a multi-occupancy Building, Lessor may provide water to the Leased Premises, in which case Lessee agrees to pay to Lessor its Pro Rata Share of the cost of such water. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's ’s use of the sanitary sewer system, but only to the extent that Lessee’s use of the Leased Premises causes a material increase of the maintenance and repair obligations of any such items beyond that which would reasonably be expected to occur by any occupant of the Leased Premises who is using the Leased Premises for general office purposes. If the Leased Premises are in a multi- multi-occupancy Buildingbuilding, Lessee shall pay all surcharges levied due to Lessee's ’s use of sanitary sewer or waste removal services insofar as such surcharges arise from any extraordinary use of the sanitary sewer or waste removal services beyond that which reasonably would be expected if the Leased Premises were used for general office purposes and that affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility serviceservices, supplies or upkeep in connection with the Leased Premises or the Building. Utility services for the common areas shall be part of Operating Expenses. . (b) Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair Lessor, except as caused by the same promptlygross negligence or willful misconduct of Lessor. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the this Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein, except as caused by the gross negligence or willful misconduct of Lessor. Notwithstanding the foregoing to the contrary, in the event the interruption or failure of utilities continues for sixty (60) consecutive days, Lessee’s Base Rent shall be abated from the sixty-first (61st) day until said interruption or failure of utilities is corrected. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvementswhich are part of the Lessee Improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.

Appears in 2 contracts

Sources: Sublease (Gevo, Inc.), Sublease (Gevo, Inc.)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal utility service connections to following services: (a) water for use in the Building. Lessee shall pay directly to the appropriate supplier the cost Base Building lavatories, and for any fixtures which would normally be found in a general office space for use of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property employees therein (for example, exterior lightingwithout limitation, drinking fountains and fixtures and equipment that may be found in a kitchenette breakroom area, such as a sink, icemaker, dishwasher, and water lines to a refrigerator; collectively, the “Breakroom Fixtures”). Even though same may be located in the Premises, Lessor Landlord agrees to be responsible for the maintenance and repair of any fixtures and water lines serving the lavatories on each floor on which the Premises are located, except to the extent caused by any misuse or vandalism of Tenant, its employees, contractors or any other parties in the Premises at the invitation of Tenant. However, Tenant shall make be responsible, at Tenant’s cost, for the repair and maintenance of the water line(s) and fixtures within the Premises relating to any Breakroom Fixtures; (b) customary heat and air conditioning in season during Building Service Hours. Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord; (c) standard janitorial service on Business Days; (d) Elevator service, provided that Landlord shall lock off elevator access to the fourth through seventh floors of the Building so long as the same are unoccupied; (e) Electricity in accordance with the terms and conditions in Section 7.02; and (f) a reasonable determination permanent security desk in the lobby of Lessee's proportionate share the Building, (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant either: (a) through inclusion in Expenses (except as provided for excess usage); (b) by a separate charge payable by Tenant to Landlord; or (c) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building. For purposes hereof, such standard for the Building is: (i) a design load of 1.6 ▇▇▇▇▇ per square foot of net usable floor area for all building standard overhead lighting located within the Premises which requires a voltage of 480/277 volts; and (ii) a connected load of 5 ▇▇▇▇▇ per square foot of net usable area for all equipment located and operated within the Premises which requires a voltage of 120/208 volts single phase or less, it being understood that electricity required to operate the base building HVAC system is not included within or deducted from such 5 ▇▇▇▇▇ per square foot described in this subsection. Landlord shall have the right to measure electrical usage by commonly accepted methods. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord for the cost of such excess electrical usage as Additional Rent. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereofequipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused by Lessee introducing excessive pollutants However, if the Premises, or solids other than ordinary human waste into a material portion of the sanitary sewer systemPremises, including permitsare made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the 4th consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire {QuinStreet, Inc. -6-00004264.} May 30, 2003 Matter ID Number: 7329 Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 2 contracts

Sources: Office Lease Agreement (Quinstreet, Inc), Office Lease Agreement (Quinstreet, Inc)

Building Services. Lessor shall provide As long as Tenant is not in monetary default under this Lease, Landlord agrees to furnish or cause to be furnished the normal utility service connections following utilities and services, subject to the conditions and standards set forth herein: (A) Non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and other tenants and occupants and their agents and invitees. (B) During Business Hours, such air conditioning, heating and ventilation as, in Landlord's reasonable judgment, are required for the comfortable use and occupancy of the Premises; provided, however, that if Tenant shall require heating, ventilation or air conditioning in excess of that which Landlord shall be required to provide hereunder, Landlord may provide such additional heating, ventilation or air conditioning at such rates and upon such additional conditions as shall be determined by Landlord from time to time. (C) Water for rest room purposes in the common areas of the Building. (D) Reasonable janitorial and cleaning services, provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant. Lessee If the Premises are not used exclusively as offices, Landlord, at Landlord's sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant's expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant shall pay directly to the appropriate supplier Landlord the cost of all utility services removal of Tenant's refuse and rubbish, to the Leased Premises, including, but not limited to, any required security deposits extent that the same exceeds the refuse and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property rubbish attendant to normal office usage. (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10E) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Parking shall be responsible provided at no cost to Tenant. Tenant acknowledges and agrees that all such parking shall be conducted on a "first come, first serve" basis (i.e., there shall be no reserved parking spaces specifically designated for Tenant's sole use, and there are no assurances that such spaces will be protected from the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required elements by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor roof or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromoverhead cover).

Appears in 2 contracts

Sources: Office Lease (Treaty Oak Bancorp Inc), Office Lease (Treaty Oak Bancorp Inc)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal utility following services: (a) water for use in the Base Building lavatories; (b) heat and air conditioning in season during Building Service Hours, although (i) Tenant shall have the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing prior notice as is set forth below (Landlord’s charge for additional HVAC service shall be based on a minimum of four (4) hours of usage), and (ii) connection of Tenant supplemental HVAC unit to the Building’s condenser water loop or chilled water line as set forth below; (c) janitorial service on Business Days; (d) elevator service; (e) electricity in accordance with the terms and conditions of Section 7.02; (f) access to the Building for Tenant and its employees twenty-four (24) hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; (g) lobby attendants on a twenty-four (24) hours per day/7 days per week, 365 days per year basis; (h) access to and reasonable use of the Building’s bicycle storage room at no charge to Tenant; and (i) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Lessee If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay directly to the appropriate supplier Landlord, or such other party designated by Landlord, the cost of all utility providing such service plus a reasonable administrative charge. HVAC service during hours other than Building Service Hours requires at least twenty-four (24) hours prior notice to Landlord, and can be requested for either “Economizer” service, or for “fan only” service. Full HVAC service during hours other than Building Service Hours requires at least one (1) week prior notice to Landlord. Landlord’s charges for such services as of the Effective Date are as follows: Economizer: $50.00 per hour, four hour minimum, plus a $25.00 programming fee Fan Only: $180.00 per hour, four hour minimum, plus engineering and labor costs Full HVAC: $230.00 per hour, four hour minimum, plus engineering and labor costs Tenant may connect a five (5) ton supplemental cooling unit to the Leased PremisesBuilding’s condenser water loop or chilled water line, includingconditioned upon Landlord having adequate excess capacity from time to time, but and subject to Landlord’s review and approval of the plans for construction, and use of a contractor approved in advance by Landlord, which approval will not limited tobe unreasonably withheld. Such use is subject to reasonable restrictions imposed by Landlord, any required security deposits and initial in connection chargetherewith, Tenant shall be responsible for supplying a circulation pump properly sized for the water supply between supply and return condenser risers with enough capacity to circulate condensing water through the Building cooling tower(s) and installation of a sub-meter for electrical demand. Landlord shall charge Tenant a monthly usage fee at Landlord’s then current rates, and such monthly usage fee shall constitute Additional Rent hereunder. In addition, Tenant may use the existing three (3) ton unit already installed in the Premises server room, on all charges of the same terms and conditions. 7.02 Electricity used by Tenant in the Premises shall be paid for gasby Tenant through inclusion in Expenses (except as provided for excess usage). Without the consent of Landlord, electricityTenant’s use of electrical service shall not exceed Building standard usage, telephoneper square foot, wateras reasonably determined by Landlord, sanitary based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and storm sewer service and security systemscheck meters. If any services are jointly metered with other Leased Premises it is determined that Tenant is using electricity in such quantities or property (during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for examplethe Building, exterior lighting), Lessor Tenant shall make a reasonable determination of Lessee's proportionate share of pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants equipment, the performance of a maintenance, repairs, improvements or solids other than ordinary human waste into alterations, utility interruptions or the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance occurrence of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use an event of the sanitary sewer system. If the Leased Premises are Force Majeure (defined in Section 26.04) (collectively a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor “Service Failure”) shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not render Landlord liable to Lessee in any respect for damages to either personTenant, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an constitute a constructive eviction of Lessee or entitle Lessee Tenant, give rise to (i) any an abatement of rentRent, (ii) terminate nor relieve Tenant from the Lease, or (iii) be relieved from fulfilling obligation to fulfill any covenant or agreement contained hereinagreement. Should Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any malfunction other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to an interruption, failure or inability to provide any services. However, if Tenant is unable to operate, and does not operate, its business from the Premises, or a material portion of the improvements or facilities Premises, for a period in excess of five (5) consecutive Business Days (and the Premises are not being used by Tenant) as a result of a Service Failure that is reasonably within the control of Landlord to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reasoncorrect, Lessor then Tenant, as its sole remedy, shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or receive an abatement of rent or damages Rent payable hereunder during the period beginning on account the sixth (6th) consecutive Business Day of such malfunction or the Service Failure and ending on the day the service has been restored. If Tenant is unable to operate, and does not operate, its business from less than the entire Premises as provided herein due to the Service Failure, the amount of any interruptions in service occasioned thereby or resulting therefromabatement shall be equitably prorated.

Appears in 2 contracts

Sources: Office Lease Agreement (ForgeRock, Inc.), Office Lease Agreement (ForgeRock, Inc.)

Building Services. Lessor Landlord shall provide furnish Tenant water at those points of supply provided for general use of other tenants in the normal utility service connections Building (subject to the Building. Lessee shall pay directly terms and provisions of Sections 7.1, 7.2, 8.1 and 8.2 of this Lease), electrical power not to the appropriate supplier the cost exceed at any given time four (4) ▇▇▇▇▇ per rentable square foot of all utility services to space in the Leased Premises, includingpest control, but not limited and central heating and air conditioning in season, on business days during Building Standard Hours, and at temperatures and in amounts as are considered by Landlord to be standard or in compliance with any applicable Legal Requirements; provided that heating and air conditioning service at times other than Building Standard Hours shall be furnished by way of overtime heating and air conditioning. In accordance with, and subject to, the terms and provisions set forth below in this Section 4.1, Tenant must notify Landlord at least twenty-four (24) hours in advance of Tenant’s need for overtime heating and air conditioning and Tenant shall bear the entire cost thereof at the rate established by Landlord from time to time (currently, Fifty and No/100 Dollars ($50.00) per hour per half-floor) and will be billed monthly by Landlord. Landlord shall provide routine maintenance, painting and electric lighting service for all Common Areas and for any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer special service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share areas of the cost of such services and Lessee shall pay such share to Lessor within ten Property (10as designated by Landlord) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Buildingmanner and to the extent deemed by Landlord to be standard. Except as set forth Landlord may, in its sole discretion, provide additional services not enumerated herein. Failure by Landlord to any extent to provide these defined services or any other services not enumerated, Lessor or any cessation thereof, shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not render Landlord liable to Lessee in any respect for damages to either personperson or property, property be construed as an eviction of Tenant, work as an abatement of Rent or business on account relieve Tenant from fulfillment of any interruption covenant or failure obligation under this Lease. If any of utilities the equipment or services furnished by Lessor provided that Lessor uses machinery which is useful or necessary for provision of utility services, and for which Landlord is responsible, breaks down or for any cause ceases to function properly, Landlord shall use reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any , but Tenant shall have no claim for abatement of rent, (ii) terminate the Lease, Rent or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent offset or damages on account of such malfunction or of any interruptions interruption in service occasioned thereby or resulting therefromfrom such repairs. Landlord reserves the right from time to time to make changes in the utilities and services provided by Landlord to the Property (including the Leased Premises).

Appears in 2 contracts

Sources: Office Lease (Pc Connection Inc), Office Lease (Pc Connection Inc)

Building Services. Lessor 7.01. Landlord shall provide furnish Tenant with the normal utility following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours, although (i) Tenant shall have the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord, and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Lessee If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay directly to the appropriate supplier Landlord, or such other party designated by Landlord, the cost of all utility services providing such service plus a reasonable administrative charge. 7.02. Electricity used by Tenant in the Premises shall be paid for by Tenant by a separate charge payable by Tenant to Landlord. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage, per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. For purposes hereof, the Building “electrical standard” is 4.5 ▇▇▇▇▇ per usable square foot of connected load to the Leased Premises, includingexclusive of base Building HVAC. As of the date hereof, but not limited toLandlord’s annual charge for electricity is estimated to be $1.50 per rentable square foot, any required security deposits subject to change from time to time, payable on a monthly basis. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systemscheck meters. If any services are jointly metered with other Leased Premises it is determined that Tenant is using electricity in such quantities or property (during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for examplethe Building, exterior lighting), Lessor Tenant shall make a reasonable determination of Lessee's proportionate share of pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03. Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereofequipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused by Lessee introducing excessive pollutants However, if the Premises, or solids other than ordinary human waste into a material portion of the sanitary sewer systemPremises, including permitsare made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the 4th consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 2 contracts

Sources: Office Lease Agreement (Akebia Therapeutics, Inc.), Office Lease Agreement (Akebia Therapeutics, Inc.)

Building Services. Lessor 7.01 Subject to Tenant’s express obligation herein to pay for non-Building Service Hour HVAC or excess electrical usage and the others terms of this Lease, and subject to Section 7.02 of this Lease, Landlord shall provide furnish Tenant with the normal utility following services (“Landlord Services”) 24 hours per day, 7 days per week: (a) water for use in the Base Building lavatories and Premises sinks (if any); (b) customary heat and air conditioning in season during Building Service Hours, although Tenant shall have the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord; (c) standard janitorial service on Business Days; (d) elevator service, provided that, subject to Force Majeure, at least 1 passenger elevator servicing the Premises shall be available for the use of Tenant, in common with other occupants of the Building, 24 hours a day, 365/6 days per year; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and, (h) such other services as Landlord reasonably determines are necessary or appropriate for the Property. As of the date hereof, Landlord's charge for non-Building Service Hours HVAC service is $56.00 per hour, subject to change from time to time. 7.02 Electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion in Expenses (except as provided for excess usage). Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Lessee Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges Landlord Additional Rent for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such excess electrical usage (provided that the cost for such excess electrical usage shall be limited to Landlord’s actual, reasonable costs of supplying such excess electricity; Landlord shall in no event charge an administrative fee in addition to the foregoing) and for the cost of purchasing and installing the measuring device(s). 7.03 Except as expressly provided in this Lease, Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereofequipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused by Lessee introducing excessive pollutants However, if the Premises, or solids other than ordinary human waste into a material portion of the sanitary sewer systemPremises, including permitsare made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the 4th consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 2 contracts

Sources: Office Lease Agreement, Office Lease Agreement (Netsuite Inc)

Building Services. Lessor 7.01 Landlord shall furnish Tenant with the following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours; provided that Tenant shall have the right to receive HVAC service for the Premises during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service so long as Tenant requests same by written notice to Landlord not later than 12:00 noon on the Business Day preceding the day of such overtime usage; (c) standard janitorial service on Business Days; (d) Elevator service; (e) Electricity in accordance with the terms and conditions in Section 7.02; and (f) such other services as Landlord reasonably determines are necessary or appropriate for the Building or Complex. Tenant may continuously run supplemental cooling of its server room in the Premises 24 hours per day, 365 days per year (“Supplemental Cooling”). Supplemental Cooling is not a Landlord-provided service, Landlord shall not shut down the Supplemental Cooling in non-Building Service Hours, and Landlord shall not charge Tenant the off-hours HVAC charges for Supplemental Cooling as same will be subject to electricity charges for Supplemental Cooling as part of the Premises electricity submeter, the charges for which shall be paid solely by the Tenant. (a) Electricity shall be distributed to the Premises either by the electric utility company selected by Landlord to provide electricity service for the Building and/or Complex, or, at Landlord’s option, by Landlord; and Landlord shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such distribution. If and so long as Landlord is distributing electricity to the Premises, Tenant shall obtain all of its electricity from Landlord. Such charges will be based on Landlord’s actual cost of such electrical service based upon the existing submeter measuring usage in the Premises. If the electric utility company selected by Landlord to provide electricity service for the Building and/or the Complex is distributing electricity to the Premises, Landlord may elect to require Tenant, at its cost, to make all necessary arrangements with such electric utility company for metering and paying for electric current furnished to the Premises. All electricity used during the performance of janitorial service, or the making of any alterations or repairs in or to the Premises (excluding the Landlord’s Work), or the operation of any special air conditioning system serving the Premises, including Supplemental Cooling, shall be paid by Tenant. Landlord shall as part of the Landlord’s Work install a meter or sub-meter for electricity used in the Premises. Landlord reserves the right at any time and from time to time before or during the Term to contract with an electric service provider (“Electric Service Provider”) of its choice to provide electricity service for the Building. Tenant shall cooperate with Landlord and the Electric Service Provider at all times and, as reasonably necessary, shall allow Landlord and the Electric Service Provider reasonable access after reasonable notice except in an emergency where Landlord shall provide notice to the normal utility service connections extent reasonably possible to the Building’s and Complex’s electric lines, feeders, risers, wiring and other machinery within the Premises. (b) Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord, on a rentable square foot basis, reasonably deems to be standard for the Building, which as of the date of this Lease is five (5) ▇▇▇▇▇ per rentable square foot. Lessee Landlord acknowledges that Tenant’s operation of the Supplemental Cooling generally as well as beyond Building Service Hours (including 24 hours per day, seven days per week), using the existing unit to be delivered with the Premises, does not currently exceed the limits set forth in or otherwise violate the preceding sentence. Landlord shall have the right to measure electrical usage by commonly accepted methods. If it is determined that Tenant is using excess electricity, Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges Landlord for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such excess electrical usage as Additional Rent. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants equipment, the performance of repairs, improvements or solids other than ordinary human waste into alterations, utility interruptions or the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance occurrence of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use an event of the sanitary sewer system. If the Leased Premises are Force Majeure (defined in Section 26.03) (collectively a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor “Service Failure”) shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not render Landlord liable to Lessee in any respect for damages to either personTenant, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an constitute a constructive eviction of Lessee or entitle Lessee Tenant, give rise to (i) any an abatement of rentRent, (ii) terminate nor relieve Tenant from the Lease, or (iii) be relieved from fulfilling obligation to fulfill any covenant or agreement contained hereinagreement. Should any malfunction Notwithstanding the foregoing, in the event a Service Failure that is within the reasonable control of Landlord continues for a period in excess of five (5) consecutive business days, Tenant’s Base Rent shall ▇▇▇▇▇ on a day-by-day basis in proportion to the portion of the improvements or facilities Premises that Tenant is unable to use for the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur Permitted Use. The foregoing Base Rent abatement shall be the Tenant’s sole remedy for any reason, Lessor shall use reasonable diligence interruption of Tenant’s business operations due to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromService Failure.

Appears in 2 contracts

Sources: Office Lease Agreement (Marlborough Software Development Holdings Inc.), Office Lease Agreement (Bitstream Inc)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal utility following services: (a) hot and cold water for use in the Base Building lavatories and drinking purposes; (b) customary heat and air conditioning in season during Building Service Hours (, although (i) Tenant shall have the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s current charge for afterhours HVAC is $60 per hour, subject to change by Landlord from time to time), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) unattended elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) subject to Section 26.10, such other services as Landlord reasonably determines are necessary or appropriate for the Property. Lessee If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay directly to the appropriate supplier Landlord, or such other party designated by Landlord, the cost of all utility services providing such service plus an administrative charge of ten percent (10%), the same to constitute Additional Rent hereunder. 7.02 Electricity used by Tenant in the Leased Premises shall, at Landlord’s option, be paid for by Tenant by a separate, flat-rate charge (except the same may be increased as hereinafter provided in this Section 7.02) payable by Tenant to Landlord monthly with Rent, initially estimated (at the rate of $1.50 per rentable square foot of the Premises) to be in the amount of $1,633.25 per month ($19,599.00 per annum), includingpayable as Additional Rent hereunder. Landlord shall have the right from time to time to reasonably increase such monthly flat-rate amount payable by Tenant hereunder based on actual increases in the cost of electricity (and/or the generation thereof) to Landlord in connection with the Property with no ▇▇▇▇ up by Landlord. Without the consent of Landlord, but Tenant’s use of electrical service shall not limited toexceed the Building standard usage of six (6) ▇▇▇▇▇ per square foot, any required security deposits as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systemscheck meters. If any services are jointly metered with other Leased Premises it is determined that Tenant is using electricity in such quantities or property (during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for examplethe Building, exterior lighting), Lessor Tenant shall make a reasonable determination of Lessee's proportionate share of pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants equipment, the performance of maintenance, repairs, improvements or solids other than ordinary human waste into alterations, utility interruptions or the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance occurrence of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use an event of the sanitary sewer system. If the Leased Premises are Force Majeure (defined in Section 26.03) (collectively a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor “Service Failure”) shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not render Landlord liable to Lessee in any respect for damages to either personTenant, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an constitute a constructive eviction of Lessee or entitle Lessee Tenant, give rise to (i) any an abatement of rentRent, (ii) terminate nor relieve Tenant from the Lease, or (iii) be relieved from fulfilling obligation to fulfill any covenant or agreement contained hereinagreement. Should Notwithstanding the foregoing, if all or any malfunction portion of the improvements Premises is rendered Untenantable (as defined below) solely as a result of the failure of any Essential Service (as defined below) due to Landlord’s negligence or facilities willful misconduct and Tenant does not use or occupy the same during said period, then Tenant’s obligation pay Base Rent and Additional Rent hereunder shall be abated in proportion to the Leased portion of the Premises rendered Untenantable until the date on which such Untenantability is cured, provided that such abatement shall not commence until the fifth (5th) Business Day after the date on which Tenant delivers written notice to Landlord of the interruption and an opportunity, within such five (5) Business Day period, to cure same. The rate at which Base Rent or Building Additional Rent may be abated under this Section 7.03 in any one calendar month shall not exceed twenty-five percent (which by definition do 25%) of the Base Rent payable for such calendar month, provided that any amount not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence permitted to repair same promptly, but Lessee will not be entitled to any claim for rebate or taken as an abatement of rent or damages on account as a result of such malfunction monthly cap shall be credited against the Base Rent or Additional Rent next thereafter due under this Lease, subject to such monthly cap. In the event that the foregoing monthly cap would have the effect of depriving Tenant of any interruptions portion of abatement to which it is otherwise entitled hereunder due to the number of calendar months remaining in service occasioned thereby or resulting therefromthe term, the monthly cap may be increased proportionately to the extent necessary to avoid such result.

Appears in 2 contracts

Sources: Office Lease Agreement, Office Lease Agreement (scPharmaceuticals Inc.)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal utility following services: (a) hot and cold water for use in the Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours, although Tenant shall have (i) the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which is currently $100 per hour per floor with a two (2) hour minimum, subject to additional charges for supplemental HVAC units) and providing such prior notice as is reasonably specified by Landlord, and (ii) access to supplemental air conditioning by paying Landlord’s then standard charge therefor (which is currently a tap in charge of $200.00 per ton) to connect to the BuildingBuilding condenser water, plus a current monthly fee of $40 per ton; (c) standard janitorial service on Business Days in accordance with the Cleaning Specifications attached hereto as Exhibit H; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Lessee In the event Tenant installs any private restroom(s) and/or shower(s) in the Premises or any above standard kitchen, pantry(ies), fitness center and/or any other above standard improvements, Tenant shall be solely responsible for any and all cleaning, repairs and replacements to such restroom(s), shower(s), above-standard kitchen, pantry(ies), fitness center and/or any other above standard improvements. If any additional cleaning of the Premises above the Building standard specifications is to be done by Tenant, it shall be done at Tenant’s sole expense, in a manner reasonably satisfactory to Landlord and no one other than persons approved by Landlord shall be permitted to enter the Premises or the Building for such purpose. Tenant shall pay directly to the appropriate supplier Landlord the cost of all utility services removal of any of Tenant’s refuse and rubbish from the Premises and the Building (i) to the Leased extent that the same, in any one day, unreasonably exceeds the average daily amount of refuse and rubbish usually attendant upon the use of such Premises as offices, as described and included in Landlord’s cleaning contract for the Building or recommended by Landlord’s cleaning contractor, and (ii) related to or deriving from the preparation or consumption of food or drink (other than typical office use). Bills for the same shall be rendered by Landlord to Tenant at such time as Landlord may elect and shall be due and payable as Additional Rent within ten (10) days after the time rendered. Tenant shall cause all portions of the Premises used for the storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner reasonably satisfactory to Landlord, and to be treated against infestation by vermin, rodents or roaches, whenever there is evidence of any infestation. Tenant shall not permit any person to enter the Premises or the Building for the purpose of providing such extermination services, unless such persons have been reasonably approved by Landlord. 7.02 All electricity consumed by Tenant in the Premises shall be paid for by Tenant as Additional Rent in accordance with the terms of this Lease. In addition, Landlord may, at its option, furnish and install, at Tenant’s expense, all lighting tubes, lamps, bulbs, and ballasts required in the Premises at reasonable and customary rates; provided, however, Landlord shall not be liable if it elects, in its sole discretion, not to replace any lighting tube, lamp, bulb or ballast, or if it is delayed in replacing same for any reason, including without limitation delays in deliveries or unavailability of non building standard items. During each calendar year, or portion thereof, falling within the Term, Tenant shall pay to Landlord a charge for consumption of electricity in the Premises as stated by the meter described in Section 1.13 hereof together with a monthly administrative charge thereon of 3%. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed 6 ▇▇▇▇▇ per rentable square foot of the Premises. Electrical service to the Premises may be furnished by one or more companies providing electrical generation, transmission and distribution services, and the cost of electricity may consist of several different components or separate charges for such services, such as generation, distribution and standard cost charges. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Law) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. Landlord shall not be liable in any way to Tenant for any interruption or failure of or defect in the supply, character, quantity or quality of electric energy furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the supply, character, quantity or quality of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building with electricity or for any other reason. Notwithstanding anything set forth herein to the contrary, Tenant acknowledges and agrees that in the event at any time during the Term Tenant installs any type of supplemental equipment (including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased supplemental HVAC equipment) in or serving the Premises or property (for example, exterior lightingsubject to Landlord’s consent), Lessor shall make a reasonable determination of Lessee's proportionate share of then Landlord may require, at Tenant’s sole cost and expense, that Tenant separately meter the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible electrical usage for the installation Premises (or separately meter the electrical usage for such supplemental equipment using Landlord’s approved metering equipment and maintenance electrician) or, at Landlord’s option, Landlord may use any other method of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee measuring electrical usage that Landlord deems appropriate and Tenant shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay Landlord for such additional electrical usage. 7.03 Landlord reserves the right to stop the furnishing of the Building services and to stop service of the Base Building, when necessary, by reason of accident, or emergency, or for alterations in the judgment of Landlord desirable or necessary to be made, until such accident or emergency shall have ceased or said alterations shall have been completed; and Landlord shall have no responsibility or liability for failure to supply air-conditioning, ventilation, heat, elevator, plumbing, electric, or other services during said period or when prevented from so doing by strikes, lockouts, labor troubles, difficulty of obtaining materials, accidents or by any utility servicecause beyond Landlord’s reasonable control, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption by Laws or failure of utilities electricity, water, steam, coal, oil or services furnished other suitable fuel or power supply, or inability by Lessor provided that Lessor uses exercise of reasonable diligence to repair obtain electricity, water, steam, coal, oil or other suitable fuel or power. Except as expressly provided in Section 16.02 in the same promptly. No such interruption or failure may be construed as an eviction event of Lessee or entitle Lessee to (i) any abatement of renta Casualty, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate no diminution or abatement of rent or damages on account other compensation shall or will be claimed by Tenant as a result therefrom, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of such malfunction interruption, curtailment or suspension, nor shall the same constitute an actual or constructive eviction. Without limiting events that may constitute “any cause beyond Landlord’s reasonable control,” the following are items which Landlord and Tenant agree are beyond Landlord’s reasonable control: (a) Lack of access to the Property, Building or the Premises (which shall include, but not be limited to, the lack of access to the Building or the Premises when it or they are structurally sound but inaccessible due to evacuation of the surrounding area or damage to nearby structures or public areas); (b) any interruptions in service occasioned thereby cause outside the Building or the Property; (c) Reduced air quality or other contaminants within the Building that would adversely affect the Building or its occupants (including, but not limited to, the presence of biological or other airborne agents within the Building or the Premises); (d) Disruption of mail and deliveries to the Building or the Premises resulting therefrom.from a casualty;

Appears in 2 contracts

Sources: Office Lease Agreement, Office Lease Agreement (Loxo Oncology, Inc.)

Building Services. Lessor Landlord shall provide furnish Tenant with the normal utility following services: (a) water for use in the Base Building lavatories and in any kitchen/coffee room located within the Premises; (b) heat and air conditioning in season during Building Service Hours, although (i) Tenant shall have the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (current charges are set forth below) and providing such prior notice as is reasonably specified by Landlord (Landlord’s charge for additional HVAC service shall be based on a minimum of four (4) hours of usage), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) janitorial service on Business Days; (d) elevator service; (e) electricity in accordance with the terms and conditions of Section 7.02; (f) access to the Building for Tenant and its employees twenty-four (24) hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Lessee If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay directly to the appropriate supplier Landlord, or such other party designated by Landlord, the cost of all utility services providing such service plus a reasonable administrative charge. HVAC service during hours other than Building Service Hours requires at least twenty-four (24) hours prior notice to the Leased PremisesLandlord, includingand can be requested for either “Economizer” service, but not limited to, any required security deposits and initial connection charge, all or for “fan only” service. Full HVAC service during hours other than Building Service Hours requires at least one (1) week prior notice to Landlord. There is a four (4) hour minimum for after-hours HVAC service. Landlord’s charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any such services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share as of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices Effective Date are as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.follows:

Appears in 2 contracts

Sources: Office Lease Agreement, Office Lease Agreement (Jaguar Health, Inc.)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours, although Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (which additional HVAC charge as of the date of this Lease is $30.00 per hour); (c) standard janitorial service on Business Days; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant either: (a) through inclusion in Expenses (except as provided for excess usage); (b) by a separate charge payable by Tenant to Landlord; or (c) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant’s use of electrical service connections shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Lessee Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges Landlord Additional Rent for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereofequipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused by Lessee introducing excessive pollutants However, if the Premises, or solids other than ordinary human waste into a material portion of the sanitary sewer systemPremises, including permitsare made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the 4th consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 2 contracts

Sources: Office Lease Agreement, Office Lease Agreement (Zillow Inc)

Building Services. Lessor 7.01. Landlord shall furnish Tenant with the following services consistent with the quality of operations of similar first-class suburban office buildings in the Boston/Metro West market area: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours; provided that Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service so long as Tenant requests same by written notice to Landlord not later than 12:00 noon on the Business Day preceding the day of such overtime usage; (c) standard janitorial service on Business Days in accordance with the cleaning specifications attached hereto as Exhibit J; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; and (f) such other services as Landlord reasonably determines are necessary or appropriate for the Property. As of the date hereof, Landlord’s charge for after-Building Service Hours heating service is $75.00 per hour, and Landlord’s charge for after-Building Service Hours air conditioning service is $75.00 per hour, in each case for the entire Premises, subject to increase from time to time commensurate with increases to Landlord’s actual out-of-pocket costs for providing such service. Access to the Building for Tenant and its employees shall be available twenty-four (24) hours per day, seven (7) days per week, subject to the terms of this Lease and such security or monitoring systems as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards. (a) Electricity shall be distributed to the Premises either by the electric utility company selected by Landlord to provide electricity service for the normal Building or, at Landlord’s option, by Landlord; and Landlord shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such distribution. If and so long as Landlord is distributing electricity to the Premises, Tenant shall obtain all of its electricity from Landlord and shall pay all of Landlord’s charges therefor. Such charges will be based on Landlord’s actual cost of such electrical service based upon a submeter measuring usage in the Premises, which submeter shall be installed by Tenant, at Tenant’s cost, as part of the Initial Alterations (defined in Exhibit C). If the electric utility company selected by Landlord to provide electricity service connections for the Building is distributing electricity to the Premises, Landlord may elect to require Tenant, at its cost, to make all necessary arrangements with such electric utility company for metering and paying directly to the utility provider for electric current furnished to the Premises. All electricity used during the performance of janitorial service, or the making of any alterations or repairs in or to the Premises, or the operation of any special air conditioning system serving the Premises, shall be paid by Tenant, as and if evidenced on the reading of the submeter. Landlord has advised Tenant that presently National Grid (the “Electric Service Provider”) is the electric utility company selected by Landlord to provide electricity service for the Building. Notwithstanding the foregoing, Landlord reserves the right at any time and from time to time before or during the Term to either contract for electric service from a different company or companies providing electricity service (each such company shall hereinafter be referred to as an “Alternative Service Provider”) or continue to contract for electricity service from the Electric Service Provider, provided such service is at commercially reasonable rates. Tenant shall cooperate with Landlord, the Electric Service Provider and any Alternative Service Provider at all times and, as reasonably necessary, shall allow Landlord, the Electric Service Provider and any Alternative Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring and other machinery within the Premises. (b) Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load that which Landlord reasonably deems to be standard for the Building. Lessee Landlord shall pay directly have the right to measure electrical usage by commonly accepted methods. 7.03. Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the appropriate supplier application of Laws, the cost failure of all any equipment, the performance of repairs, improvements or alterations, utility services interruptions or interference with Tenant’s access to the Leased PremisesPremises by Landlord, includingits agents, but contractors or employees that continues after notice to Landlord thereof, or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not limited torender Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any required security deposits covenant or agreement. However, if, as a result of a Service Failure that is reasonably within the control of Landlord to correct, the Premises are made untenantable or not capable of Tenant’s reasonable access for a period in excess of three (3) consecutive Business Days after Tenant notifies Landlord of the Service Failure (the “Service Failure Notice”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the fourth (4th) consecutive Business Day after delivery to Landlord of the Service Failure Notice and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer ending on the day the service and security systemshas been restored. If any services the entire Premises have not been rendered untenantable by the Service Failure or if the entire Premises are jointly metered with other Leased Premises or property not reasonably accessible by Tenant, the amount of abatement shall be equitably prorated. Notwithstanding the foregoing, if a Service Failure is reasonably within the control of Landlord and (a) continues for examplesixty (60) days after the Service Failure and (b) is not being diligently remedied by Landlord, exterior lighting)then Tenant, Lessor as its sole remedy, shall make a reasonable determination of Lessee's proportionate share of have the cost of such services and Lessee shall pay such share right to Lessor elect to terminate this Lease within ten (10) days after the expiration of receipt said sixty (60) day period without penalty, by delivering written notice to Landlord of any invoice its election thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants ; provided, however, if Landlord is diligently pursuing the repair or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use restoration of the sanitary sewer system. If the Leased Premises are in a multi- occupancy BuildingService Failure, Lessee Tenant shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate terminate the Lease but rather Tenant’s sole remedy shall be to ▇▇▇▇▇ Rent as provided above. The foregoing termination right shall not apply if the Service Failure is due to fire or abatement other casualty or condemnation. Instead, in such an event, the terms and provisions of rent Section 16 or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromSection 17, as the case may be, shall apply.

Appears in 2 contracts

Sources: Office Lease Agreement (Oxford Immunotec Global PLC), Office Lease Agreement (Oxford Immunotec Global PLC)

Building Services. Lessor shall provide the normal utility service connections for electricity, gas, water, sewer and telephone to the Building. Lessor shall maintain the parking areas and driveways in good repair and in a neat and clean manner, maintain landscaping around Building and maintain lighting in the parking areas from dusk until ▇▇▇▇, all in a manner comparable to comparable buildings. Lessee shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and deposits, initial connection chargecharges, all charges for gas, electricity, telephone, water, sprinkler monitoring devices, sanitary and storm sewer service service, and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's ’s use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's ’s use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Buildingservices. Except as set forth herein, Lessor shall not be required to pay for any utility serviceservices, supplies or upkeep in connection with the Leased Premises or the Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly(unless caused by Lessor). No such interruption or failure (unless caused by Lessor) may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the this Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom. Notwithstanding the forgoing, in the event of the interruption of a material and necessary utility service due to the Lessor’s, or Lessor’s agents, employees or contractors negligent actions or omissions, the Lessee shall have the right to ▇▇▇▇▇ rent commencing five (5) days following the occurrence of such interruption if such interruption is then continuing and, if such interruption is continuing thirty (30) days following such interruption, Lessee shall have the right to terminate this Lease by written notice to Lessor within ten (10) days following the expiration of such thirty (30) day period.

Appears in 2 contracts

Sources: Commercial Lease (Xtera Communications, Inc.), Commercial Lease (Xtera Communications, Inc.)

Building Services. Lessor (a) Landlord shall provide all utilities and services for normal office uses, including hot and cold water, a tenant directory, electricity for normal office equipment, central heating and air conditioning, gas, sewer service, replacement of light bulbs in the normal utility Leased Premises and Common Areas, trash removal service, janitorial service connections to (including daily cleaning service and periodic window cleaning), landscaping and such other services and utilities as are customarily provided by landlords in medical buildings in the locality of the Building. Lessee The parties specifically agree that Tenant will be operating radiation oncology, and radiation oncology related, equipment on the premises, and such use shall pay directly be considered to be “normal office use.” Landlord shall furnish central heating and air conditioning in season (on business days from 7:00 a.m. to 7:00 p.m.) at temperatures and in amounts as are generally provided in medical buildings in the locality of the Building or in compliance with any governmental regulations, whichever is greater. Service for central heating and air conditioning at times other than as above provided shall be furnished upon not less than twenty-four (24) hours advance notice from Tenant, and Landlord shall be entitled to charge Tenant the cost incurred by Landlord in providing such overtime service, including reasonable charges for overhead and supervision in connection therewith, and if more than one tenant has requested or is furnished such overtime service for all or some of the same hours, the charge therefor will be prorated, based upon the number of tenants requesting and/or availing themselves of said overtime service concurrently. Landlord shall also provide routine maintenance, painting and electric lighting service for all public areas and special service areas of the Property in the manner and to the appropriate supplier the cost of all utility services extent generally provided in medical office buildings comparable to the Leased PremisesBuilding in the locality where the Building is located. Landlord may, includingin its sole discretion, provide additional services not enumerated herein. (b) If and so long as an interruption of a service or utility not due to a fire or other casualty or any act, neglect, fault or omission of any duty by Tenant, its agents, servants, employees or invitees, continues and shall interfere with the conduct of Tenant’s business for more than five (5) business days after notice of such interruption shall have been given to Landlord, the base rent to be paid hereunder shall be abated, to such an extent as is fair and reasonable under the circumstances, based on the degree of interference, from the date of such interruption until such service or utility shall be restored, and if such an interruption of a service or utility shall be so complete as to significantly interfere with the conduct of Tenant’s business therefrom for more than one (1) month after Landlord first receives notice of such interruption, then Tenant shall have the right to terminate this Lease by giving written notice thereof to Landlord at any time thereafter before such service or utility is restored. Such termination shall be effective as of the date which Tenant shall specify in said notice, but not limited tomore than sixty (60) days after the date upon which said notice of termination is given. (c) In addition to the right to ▇▇▇▇▇ rent as set forth above, any required security deposits and initial connection chargeif such interruption continues for more than five (5) days after notice of such interruption has been given to Landlord, all charges Tenant shall have the right, after giving Landlord notice thereof, to attempt to repair the interruption, without liability to Landlord (except for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lightingTenant’s negligence), Lessor shall make a and Tenant may offset against rent due under this Agreement the reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromrepairs.

Appears in 2 contracts

Sources: Office Lease (Interhealth Facility Transport, Inc.), Office Lease (Interhealth Facility Transport, Inc.)

Building Services. Lessor Landlord shall provide furnish Tenant with the normal utility following services: (a) water for use in the Base Building restrooms; (b) customary heat and air conditioning (“HVAC”) in season during Building Service Hours, which HVAC shall be in good working order on the basis of a density that does not exceed the Base Building Density (Landlord shall review Tenant’s MEP drawings in accordance with Exhibit C attached hereto, when the same are submitted by Tenant as part of the Construction Documents (as defined therein), and Landlord shall notify Tenant if any such work is not compatible with the Base Building systems); (c) standard janitorial service connections on Business Days and outside of Building Service Hours in accordance with the specifications attached hereto as Exhibit H, along with any modifications, amendments and supplements thereto as Landlord may reasonably adopt for the Building in the future from time to time; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such reasonable protective services or monitoring systems, if any, as Landlord may from time to time impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. In addition, Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and requesting service no later than 5:00 pm the prior Business Day. As of the date hereof, such standard charge for after-hours HVAC service is $75.00 per hour per floor. If Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time as determined in Landlord’s reasonable discretion and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord. Lessee shall pay directly to the appropriate supplier the cost of all utility If, at Tenant’s request, Landlord, or an affiliated or third party service provider, provides any services to the Leased Premisesthat are not Landlord’s express obligation under this Lease, including, but not limited towithout limitation, any required security deposits and initial connection chargerepairs which are Tenant’s responsibility pursuant to Section 9 below, all charges for gas, electricity, telephone, water, sanitary and storm sewer Tenant shall pay to the applicable service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of provider the cost of such services plus a reasonable administrative charge. Tenant shall have the right to install, at Tenant’s sole cost and Lessee shall pay expense and pursuant to the terms and provisions of Section 8, a supplemental cooling unit within the Premises for Tenant’s exclusive use on a twenty-four (24) hour basis, connected to the Building’s condenser water loop or chilled water line (a “Supplemental Cooling Unit”), subject to the terms and conditions above and subject to Landlord’s approval of such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees Supplemental Cooling Unit and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanksthereof, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor which approval shall not be required to pay for any utility serviceunreasonably withheld, supplies conditioned or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromdelayed.

Appears in 2 contracts

Sources: Office Lease Agreement (Klaviyo, Inc.), Office Lease Agreement (Klaviyo, Inc.)

Building Services. Lessor Landlord shall provide furnish Tenant with the normal utility following services (the costs of which shall be included in Expenses, except for such costs that are separately metered or check metered for the Premises, all of which separately metered or check metered costs shall be paid by Tenant as provided below): (a) reasonable quantities of hot and cold water for use in the Base Building restrooms and reasonable quantities of cold water for use in the Premises (provided that Landlord shall deliver the Premises in the baseline condition described in Exhibit J attached hereto and with the Base Building Work substantially complete in accordance with the terms and provisions of this Lease); (b) Base Building gas and customary heat and air conditioning in season during the Building Service Hours at such temperatures and in such amounts that are standard in comparable buildings in the Greater Boston area for laboratory, R&D and office space; (c) standard janitorial service connections for the Common Areas nightly on Business Days (it being acknowledged and agreed that Tenant shall be solely responsible for all cleaning and janitorial services for the Premises per Section 9.01 of this Lease) and the provision of a dumpster at the Building, for the non-exclusive use by Tenant and other Building occupants for disposal of ordinary trash (i.e., non-organic and non-controlled substances that do not constitute Hazardous Materials) (the “Ordinary Trash Dumpster”); (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the BuildingBuilding for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such reasonable protective services or monitoring systems, if any, as Landlord may from time to time reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Lessee To the extent that any of the foregoing utility services for the Premises are separately metered, Tenant shall timely pay the separate charges for such services directly to the appropriate supplier applicable utility company. To the cost extent that any of all the foregoing utility services for the Premises (including, without limitation, air handling units or other HVAC equipment serving the Premises) or any other equipment serving the Premises, whether exclusively or in common, is not metered directly by the utility company to the Leased Premises, Tenant shall pay to Landlord, as Additional Rent, the costs of such utility service (without ▇▇▇▇-up) by a separate charge payable by Tenant to Landlord based on evidence from the check-meters installed for the Premises or equipment serving the Premises or, for any portion of the Premises or equipment that from time to time does not have operational check-meters, based on reasonable allocations prepared by Landlord’s building engineer for the space and period in question. As part of the Landlord’s performance of the Initial Tenant Work, Landlord shall, at Landlord’s sole cost and expense, install check meters for the Premises for (i) gas, (ii) chilled water and hot water for HVAC service and (iii) as provided in Section 7.02, for electricity. Landlord shall ▇▇▇▇ Tenant monthly for such utility charges based on actual check-meter readings and utility rates for the space and period in question, and Tenant shall pay such charges to Landlord within thirty (30) days after receipt of each invoice. If, at Tenant’s request, Landlord, or an affiliated or third party service provider, provides any services that are not Landlord’s express obligation under this Lease, including, but not limited towithout limitation, any required security deposits and initial connection chargerepairs which are Tenant’s responsibility pursuant to Section 9 below, all charges for gas, electricity, telephone, water, sanitary and storm sewer Tenant shall pay to the applicable service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of provider the cost of such services services. Tenant shall have the right to use the loading dock for Building (including during Tenant’s initial move in to the Premises) on a non- discriminatory basis, subject to any reasonable rules and Lessee shall pay regulations promulgated by Landlord from time to time with respect to such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer systemuse, including permitswithout limitation, fees any scheduling protocols. Landlord currently does not charge tenants a fee for loading dock usage; however, if Landlord determines that Tenant is using the loading dock in a manner that violates Landlord’s rules, regulations and charges levied by any governmental subdivision protocols, then Landlord reserves the right to employ security detail for any such pollutants or solids. Lessee shall be responsible for the installation use by Tenant and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee Tenant shall pay all surcharges levied due the actual cost charged by such security vendor from time to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees time, plus an administrative charge in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part amount of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to twenty percent (i20%) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromcost.

Appears in 2 contracts

Sources: Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Monte Rosa Therapeutics, Inc.)

Building Services. Lessor shall provide the normal utility service connections As long as Tenant is not in monetary default under this Lease, Landlord agrees to furnish or cause to be furnished to the BuildingPremises the following utilities and services, subject to the conditions and standards set forth herein: (A) Non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and other tenants and occupants and their agents and invitees. (B) During Business Hours, such air conditioning, heating and ventilation as, in Landlord's reasonable judgment, are required for the comfortable use and occupancy of the Premises. Lessee Landlord may make available to Tenant heating, ventilation or air conditioning in excess of that which Landlord shall be required to provide hereunder upon such conditions as shall be determined by Landlord from time to time. Landlord's fee for any such additional heating, ventilation or air conditioning provided to Tenant, to be set by Landlord from time to time, will be separate from and in addition to the Tax and Operating Expenses Adjustment provide in Article IV. (C) Water for drinking and rest room purposes. (D) Reasonable janitorial and cleaning services, provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant. If the Premises are not used exclusively as offices, Landlord, at Landlord's sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant's expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant shall pay directly to the appropriate supplier Landlord the cost of all utility services removal of Tenant's refuse and rubbish, to the Leased Premisesextent that the same exceeds the refuse and rubbish attendant to normal office usage. (E) At all reasonable times, includingelectric current of not less than 3.5 ▇▇▇▇▇ per square foot for building standard lighting and fractional horsepower office machines; provided, but however, that (i) without Landlord's consent, Tenant shall not limited toinstall, or permit the installation, in the Premises of any required security deposits and initial connection chargecomputers, all charges for gasword processors, electricityelectronic data processing equipment or other type of equipment or machines which will increase Tenant's use of electric current in excess of that which Landlord is obligated to provide hereunder (provided, telephonehowever, waterthat the foregoing shall not preclude the use of personal computers or similar office equipment); (ii) if Tenant shall require electric current which may disrupt the provision of electrical service to other tenants, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises Landlord may refuse to grant its consent or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lesseemay condition its consent upon Tenant's proportionate share payment of the cost of installing and providing any additional facilities required to furnish such services excess power to the Premises and Lessee upon the installation in the Premises of electric current meters to measure the amount of electric current consumed, in which latter event Tenant shall pay for the cost of such share meter(s) and the cost of installation, maintenance and repair thereof, as well as for all excess electric current consumed at the rates charged by the applicable local public utility, plus a reasonable amount to Lessor within ten cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (10iii) days of receipt of if Tenant's increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord's consent may be conditioned upon Tenant's requirement to pay such amounts as will be incurred by Landlord to install and operate any invoice thereof. Lessee shall pay all costs caused machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer systemLandlord, including permitsbut not limited to the cost of modifications to the air conditioning system. Landlord shall not, fees and charges levied by in any governmental subdivision way, be liable or responsible to Tenant for any such pollutants loss or solidsdamage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord's reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's Tenant covenants that at all times its use of electric current shall never exceed the sanitary sewer system. If capacity of the Leased Premises are in a multi- occupancy Buildingfeeders, Lessee shall pay all surcharges levied due to Lessee's use risers or electrical installations of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall If submetering of electricity in the Building will not be permitted under future laws or regulations, the Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the cost to Landlord for furnishing electricity to Tenant in the Premises. Any amounts which Tenant is required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas to Landlord pursuant to this Section 7.01 shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished payable upon demand by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of Landlord and shall constitute additional rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.

Appears in 2 contracts

Sources: Commercial Lease (Powersource Corp), Commercial Lease (Powersource Corp)

Building Services. Lessor shall provide the normal utility service connections Notwithstanding anything to the Buildingcontrary in this Sublease (including Section 4.1 above), Subtenant acknowledges that Sublandlord does not have control of the Building or the Building systems, and that Sublandlord will not provide utilities, maintenance, repair or restoration work or other Building services (including, without limitation, those services and obligations to be performed by Landlord under Articles 6, 7, 11 and 12 of the Prime Lease). Lessee shall pay directly Subject to the appropriate supplier terms of this paragraph 4.3 and the cost Landlord’s Consent, Subtenant will look solely to Landlord for performance of all utility the services to which Sublandlord is entitled under Article 6 and 7.1 of the Leased Prime Lease. Without limiting the generality of the foregoing, Sublandlord shall have no liability for any interruption or stoppage of services, and no such interruption or stoppage of services shall relieve Subtenant from any obligation that it may have under this Sublease, including without limitation, the obligation to pay Basic Rent and Additional Rent; provided, however, that if Sublandlord’s Basic Rent is abated with respect to any portion of the Subleased Premises pursuant to Section 6.3 of the Prime Lease, and if the interruption or stoppage is not caused by misuse or neglect by Subtenant or Subtenant’s agents or employees, then Basic Rent for the portion of the Subleased Premises that is not tenantable shall ▇▇▇▇▇ for the period of time that Sublandlord’s Basic Rent abates pursuant to Section 6.3 of the Prime Lease with respect to that portion of the Subleased Premises. Sublandlord, includingupon receipt of written notice from Subtenant, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of demand upon Landlord to take all appropriate action for the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt correction of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants defect, inadequacy or solids other than ordinary human waste into insufficiency in Landlord’s performance under the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants Prime Lease that materially interferes with or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's materially adversely affects Subtenant’s use of the sanitary sewer systemSubleased Premises or rights granted to Subtenant pursuant to this Sublease. If If, after receipt of written request from Sublandlord, Landlord shall fail or refuse to cure such defect, inadequacy or insufficiency, Sublandlord (with Subtenant’s cooporation) will make good-faith commercially reasonable efforts to enforce its rights under the Leased Premises are Prime Lease against Landlord for the benefit of Subtenant such that Subtenant will receive the full benefit of the rights granted to Subtenant under this Sublease. In connection with any such enforcement of the Prime Lease by Sublandlord, (a) attorneys employed for such purposes shall be subject to the approval of both Sublandlord and Subtenant, and (b) the costs and expenses of such enforcement (including, without limitation, attorneys fees, court costs, and the amount of any monetary judgments against Sublandlord arising out of any counterclaim made by Landlord in a multi- occupancy Building, Lessee any litigation) shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar be paid by Subtenant as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromcosts and expenses are incurred.

Appears in 2 contracts

Sources: Sublease Agreement, Sublease Agreement (Pacifica Bancorp Inc)

Building Services. Lessor (a) Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m. and on Saturdays from 9 a.m. to 1:00 p.m. ("Business Hours"), furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation at an occupancy of not more than one person per 150 square feet of Premises Rentable Area and an electrical load not exceeding 8.0 watt▇ ▇▇▇ square foot of Premises Rentable Area. Such systems shall be designed to meet the specifications set forth in EXHIBIT L hereto. If Tenant shall require air conditioning, heating or ventilation outside the hours and days above specified ("Overtime Service"), Landlord shall furnish such Overtime Service and Tenant shall pay therefor such charges as may from time to time be in effect. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system's ability to perform adequately its proper functions, supplementary systems may, if and as needed, at Landlord's option, be provided by Landlord, at Tenant's expense. (b) Landlord shall also provide: (i) Passenger elevator service in common with Landlord and other tenants in the Building. (ii) Warm water for lavatory purposes and cold water (at temperatures supplied by the municipality in which the Building is located) for drinking, lavatory and cleaning purposes. If Tenant uses water for any purpose other than for ordinary lavatory and drinking purposes, Landlord may assess a reasonable charge for the additional water so used, or install a water meter and thereby measure Tenant's water consumption for all purposes. In the latter event, Tenant shall pay the cost of the meter and the cost of installation thereof and shall keep such meter and installation equipment in good working order and repair. Tenant agrees to pay for water consumed, as shown on such meter, together with the sewer charge based on such meter charges, as and when bills are rendered, and in default in making such payment Landlord may pay such charges and collect the same from Tenant as Additional Rent. (iii) Cleaning and janitorial services to the Premises on Business Days, provided the same are kept in order by Tenant, substantially in accordance with the cleaning standards for the Building described in EXHIBIT K hereto. (iv) Free access to the Premises on Business Days during Business Hours, and at all other times via a card key access system, subject to security precautions from time to time in effect, and subject always to restrictions based on emergency conditions. Landlord shall cooperate with Tenant, at Tenant's sole cost, to coordinate acceptable systems for security at Tenant's Premises which are compatible with Landlord's existing security systems. (v) Snow and ice removal to the walks, driveways and parking areas which Tenant is entitled to use under this Lease, and landscaping of surrounding grounds. (vi) Within sixty (60) days of the Commencement Date, a food service facility at the Building, to be operated by a third party vendor, which will offer at the breakfast and lunch hours on Business Days, a reasonable range of hot and cold food selections for purchase by Tenant, its employees and invitees. (vii) Within sixty (60) days of the Commencement Date, and subject to security precautions from time to time in effect, to restrictions based on emergency conditions and to reasonable rules and regulations in effect from time to time, free access to (a) the health and fitness facility and showers and locker rooms attendant thereto via a card key access system, and (b) the shared-use conference center on Business Days and during Business Hours, but subject to reservation availability. Landlord reserves the right to charge a reasonable fee for the Tenant's use of the shared-use conference center. (viii) Routine operation and maintenance of the walks, driveways and parking areas which Tenant is entitled to use under the Lease and reasonably appropriate lighting of the parking areas. (c) Landlord or Agent may from time to time, but shall not be obligated to, provide one or more uniformed attendants in or about the normal utility service connections to lobby of the Building. Lessee Unless Landlord expressly agrees otherwise in writing, such attendant(s) shall pay directly to serve functions such as assisting visitors and invitees of tenants and others in the appropriate supplier the cost of all utility Building, monitoring fire control and alarm equipment, and summoning emergency services to the Leased PremisesBuilding as and when needed. Tenant expressly acknowledges and agrees that: (i) such attendants shall not serve as police officers, includingand will be unarmed, but and will not limited tobe trained in situations involving potentially physical confrontation; and (ii) if provided, such attendants will be provided solely as an amenity to tenants of the Building for the sole purposes set forth above, and not for the purpose of securing any required security deposits and initial connection chargeindividual tenant premises or guaranteeing the physical safety of Tenant's Premises or of Tenant's employees, all charges for gasagents, electricity, telephone, water, sanitary and storm sewer service and security systemscontractors or invitees. If any services are jointly metered with other Leased and to the extent that Tenant desires to provide security for the Premises or property (for examplesuch persons or their property, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Tenant shall be responsible for the installation so doing, after having first consulted with Landlord and maintenance of any dilution tanksafter obtaining Landlord's consent, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor which shall not be required to pay for unreasonably withheld. Landlord expressly disclaims any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services and all responsibility and/or liability for the common areas shall be part physical safety of Operating Expenses. Lessee agrees Tenant's property, and for that Lessor is not liable to Lessee of Tenant's employees, agents, contractors and invitees, and, without in any respect way limiting the operation of Article 10 hereof, Tenant, for damages to either personitself and its agents, property contractors, invitees and employees, hereby expressly waives any claim, action, cause of action or business on account other right which may accrue or arise as a result of any interruption damage or failure injury to the person or property of utilities Tenant or services furnished by Lessor provided any such agent, invitee, contractor or employee, except to the extent that Lessor uses reasonable diligence to repair the same promptlyarises from the negligent act or omission of Landlord or its agents, employees or contractors. No such interruption or failure may be construed Tenant agrees that, as an eviction of Lessee or entitle Lessee between Landlord and Tenant, it is Tenant's responsibility to (i) any abatement of rentadvise its employees, (ii) terminate the Leaseagents, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities contractors and invitees as to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromnecessary and appropriate safety precautions.

Appears in 2 contracts

Sources: Lease Agreement (Firepond Inc), Lease Agreement (Firepond Inc)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours. Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord; (c) standard janitorial service on Business Days; (d) Elevator service; (e) Electricity in accordance with the terms and conditions in Section 7.02; and (f) such other services as Landlord reasonably determines are necessary or appropriate for the Property. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant either: (a) through inclusion in Expenses (except as provided for excess usage); (b) by a separate charge payable by Tenant to Landlord; or (c) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant’s use of electrical service connections shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Lessee Landlord shall have the right to measure electrical usage by commonly accepted methods. If it is determined that Tenant is using excess electricity, Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges Landlord for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such excess electrical usage as Additional Rent. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereofequipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused by Lessee introducing excessive pollutants However, if the Premises, or solids other than ordinary human waste into a material portion of the sanitary sewer systemPremises, including permitsare made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the 4th consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 2 contracts

Sources: Office Lease Agreement (Premier Commercial Bancorp), Office Lease Agreement (Intelius Inc)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal utility following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours. Tenant shall have the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord; (c) standard janitorial service on Business Days; (d) Elevator service; (e) Electricity in accordance with the terms and conditions in Section 7.02; (f) security to the Building. Lessee shall pay directly Building which may be provided through a security system involving any one or a combination of cameras, monitoring devices or guards, sign-in or identification procedures or other comparable system; (g) access to the appropriate supplier the cost of all utility services Building for Tenant and its employees 24 hours per day/7 days per week, subject to the Leased Premisesterms of this Lease and such security or monitoring systems as Landlord may reasonably impose, including, but without limitation, sign-in procedures and/or presentation of identification cards; and (h) such other services as Landlord reasonably determines are necessary or appropriate for the Project. 7.02 Electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion in Expenses (except as provided for excess usage). Without the consent of Landlord, Tenant's use of electrical service shall not limited toexceed, any required security deposits either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building, which at the time of the execution of this Lease is a total of 5.5 ▇▇▇▇▇ per rentable square foot of the Premises (which total amount is comprised of 1.5 ▇▇▇▇▇ per rentable square foot applicable to lighting and initial connection charge, all charges for gas, 4 ▇▇▇▇▇ per rentable square foot applicable to other power services). Landlord shall have the right to measure electrical usage by commonly accepted methods. If it is determined that Tenant is using excess electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (Tenant shall pay Landlord for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor excess electrical usage as Additional Rent within ten thirty (1030) days of after receipt of invoice. 7.03 Landlord's failure to furnish, or any invoice thereofinterruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a "Service Failure") shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused by Lessee introducing excessive pollutants However, if the Premises, or solids other than ordinary human waste into a material portion of the sanitary sewer systemPremises, including permitsare made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the 4th consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 1 contract

Sources: Office Lease Agreement (Autonomy Corp PLC)

Building Services. Lessor Landlord shall provide furnish water and electricity ----------------- for Tenant during the normal utility service connections to the BuildingTerm. Lessee shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee Tenant shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision telephone charges. Landlord shall furnish Tenant water at those points of supply provided for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's general use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees tenants in the Building, central heating and air-conditioning in season (at times Landlord normally furnishes these services to other tenants in the Building, and at temperatures and in amounts as are considered by Landlord to be standard or in compliance with any governmental regulations, such service on Saturday afternoons, evenings and holidays to be furnished only upon the request of Tenant, who shall bear the entire cost). Except as set forth hereinLandlord shall also furnish routine maintenance, Lessor painting and electric lighting service for all public areas and special service areas of the Building in the manner and to the extent deemed by Landlord to be standard. Upon Tenant's request, Landlord shall replace building-standard fluorescent bulbs in the building standard light fixtures originally provided by Landlord in the Premises. Upon Tenant's request, and at Tenant's sole cost and expense, Landlord'shall replace bulbs in non-building standard light fixtures (E.G., incandescent down lights and incandescent wall washers) located in the Premises; provided, however, that Landlord shall not be required to pay liable for any utility servicedamage resulting from said replacement of bulbs in non-building standard light fixtures unless such damage is caused solely by Landlord's willful misconduct or gross negligence. Landlord may, supplies in its sole discretion, provide additional services not enumerated herein. Failure by Landlord to any extent to furnish these defined services or upkeep in connection with the Leased Premises any other services not enumerated, or Building. Utility services for the common areas any cessation thereof, shall be part of Operating Expenses. Lessee agrees that Lessor is not render Landlord liable to Lessee in any respect to Tenant, or Tenant's agents, licensees, invitee or other visitors to the Premises, Building or Project for damages to either person, person or property or business on account for consequential damages of any interruption nature, be construed as a constructive or failure actual eviction of utilities Tenant, work an abatement of rent or services furnished by Lessor provided that Lessor uses relieve Tenant from fulfillment of any covenant in this Agreement. Should any of the equipment or machinery break down, or for any cause cease to function properly, Landlord shall use reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to within thirty (i30) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptlyworking days, but Lessee will not be entitled to any Tenant shall have no claim for abatement or rebate or abatement of rent or damages on account of such malfunction or of any interruptions interruption in service occasioned thereby from the repairs. Landlord reserves the right from time to time to make changes in the delivery of utilities and services to the Building. Tenant hereby acknowledges and agrees that the heating and air-conditioning standards and the electrical service allowances for the Premises are as provided in EXHIBIT "B" hereof. Any and all additional heating ----------- or resulting therefromair-conditioning cost or expense caused by any addition or modification to any such system, any reconfiguration or alteration of the Premises or any relocation or addition of personnel, furniture, furnishing or equipment therein requested or made by Tenant shall be borne solely by Tenant. Notwithstanding any other provision hereof, Landlord may, in its sole discretion, install separate electricity metering devices in the Premises to separately meter the electrical consumption of any machinery or device located in the Premises and operating on a twenty-four (24) hour a day basis, or to meter the electrical consumption of any device located in the Premises that consumes electricity in inordinate or excessive amounts, as determined by Landlord in its sole discretion, said devices to include, but not be limited to, supplemental HVAC systems for computer rooms and telephone rooms. Tenant shall be responsible for the payment of electrical bills and other charges relating to said independent metering. Landlord may enter the Premises at any time to determine whether the Premises contains any such device.

Appears in 1 contract

Sources: Standard Tenancy Agreement (Argosy Education Group Inc)

Building Services. Lessor 7.01 Landlord agrees to furnish to the Premises, the following services and utilities subject to the Rules and Regulations, as amended: (a) water for use in the Premises; (b) customary heat and air conditioning ("HVAC") required for the use and occupation of the Premises; (c) natural gas for use in the Premises; (d) electricity for use in the Premises; (e) elevator service; (f) building standard janitorial service; and (g) access to the Building and Premises for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease. 7.02 Landlord shall provide Tenant with the normal utility service connections Parking Spaces on the terms of the Lease. The current allocation of unreserved parking spaces to Tenant is set forth in the Basic Lease Information. All parking will comply with the terms and conditions of this Lease and applicable Rules and Regulations. The parking privileges granted to Tenant are personal to Tenant. Tenant shall not assign or sublet parking privileges other than in connection with an approved or permitted assignment of this Lease or permitted sublease. 7.03 Landlord agrees, at Landlord's sole cost, to install Building standard signage identifying Tenant at the entryway to the BuildingProject. Lessee Any requests to change the initial signage shall pay directly be at the Tenant's sole cost. Tenant, at its sole cost and expense, shall have the right to place its signage on any existing monument sign serving the appropriate supplier Building and on the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay subject to all surcharges levied due to Lessee's use applicable Laws, prior written approval from the City of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor Beaverton and prior written approval from Landlord (which approval shall not be required unreasonably withheld or delayed, but may be subject to pay for any utility serviceconditions deemed reasonable by Landlord). Further, supplies upon expiration or upkeep in connection with the Leased Premises or Building. Utility services for the common areas earlier termination of this Lease, all Tenant-installed signage shall be part removed by Tenant at Tenant's sole cost and expense and the condition of Operating Expensesthe Building and/or Premises shall be restored to its prior condition at Tenant's sole cost and expense. 7.04 Subject to the provision to Tenant of at least twenty-four (24) hours' advance written notice, Landlord shall have access to all air-cooling, fan, ventilating and machine rooms and electrical closets and all other mechanical installations of Landlord installed or located within the Premises (collectively, the "Mechanical Areas"), and Tenant shall not construct partitions or other obstructions which may unreasonably interfere with Landlord's access thereto or the moving of Landlord's equipment to and from the Mechanical Areas. Lessee agrees that Lessor is Tenant shall not liable enter the Mechanical Areas or tamper with, adjust, or otherwise affect the Mechanical Areas or install any supplementary or auxiliary HVAC equipment to Lessee serve the Premises without Landlord's prior consent in any respect for damages each instance. Landlord shall not be responsible if the normal operation of the HVAC 4073687.v10 System (defined below) shall fail to either person, property provide cooled or business on account heated air by reason of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (ia) any abatement machinery or equipment installed by or on behalf of rent, (ii) terminate the LeaseTenant, or (iiib) be relieved from fulfilling any covenant rearrangement of partitioning or agreement contained hereinother Alterations made or performed by or on behalf of Tenant. Should any malfunction Tenant at all times shall cooperate fully with Landlord and shall abide by the Building Rules and Regulations which Landlord may reasonably prescribe for the proper functioning and protection of the improvements or facilities Building System providing HVAC to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromthe "HVAC System").

Appears in 1 contract

Sources: Lease Agreement (Digimarc CORP)

Building Services. Lessor 7.01 Landlord shall furnish Tenant with the following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours; provided that Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service so long as Tenant requests same by written notice to Landlord not later than 12:00 noon on the Business Day preceding the day of such overtime usage; (c) standard janitorial service on Business Days; (d) Elevator service; (e) Electricity in accordance with the terms and conditions in Section 7.02; and (f) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Landlord, at Landlord’s expense, shall also provide a listing of Tenant’s corporate name on the normal building directories and building standard suite entry signage at the entrance to the Premises. (a) Electricity shall be distributed to the Premises either by the electric utility company selected by Landlord to provide electricity service connections for the Building or, at Landlord’s option, by Landlord; and Landlord shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such distribution. If and so long as Landlord is distributing electricity to the Premises, Tenant shall obtain all of its electricity from Landlord and shall pay all of Landlord’s charges, which charges shall be based, at Landlord’s option, either on meter readings or on Landlord’s reasonable estimate of Tenant’s electrical usage or on Tenant’s pro rata share of all space, Including the Premises, which is commonly metered with the Premises. In calculating such charges, there shall be included all costs to Landlord to obtain electric service to the Building, including all costs of whatever nature Incurred in connection with entering agreements for obtaining such service from utility suppliers. Lessee Initially, such charges will be based on Landlord’s estimated cost of $1.75 per annum per rentable square foot of floor area in the Premises. If the electric utility company selected by Landlord to provide electricity service for the Building is distributing electricity to the Premises, Landlord may elect to require Tenant, at its cost, to make all necessary arrangements with such electric utility company for metering and paying for electric current furnished to the Premises. All electricity used during the performance of janitorial service, or the making of any alterations or repairs in or to the Premises, or the operation of any special air conditioning system serving the Premises, shall be paid by Tenant. Landlord has advised Tenant that presently Concord Municipal/H▇▇▇ Energy (the “Electric Service Provider”) is the electric utility company selected by Landlord to provide electricity service for the Building. Notwithstanding the foregoing, Landlord reserves the right at any time and from time to time before or during the Term to either contract for electric service from a different company or companies providing electricity service (each such company shall hereinafter be referred to as an “Alternative Service Provider”) or continue to contract for electricity service from the Electric Service Provider. Tenant shall cooperate with Landlord, the Electric Service Provider and any Alternative Service Provider at all times and, as reasonably necessary, shall allow Landlord, the Electric Service Provider and any Alternative Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring and other machinery within the Premises. (b) Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods. If it is determined that Tenant is using excess electricity, Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges Landlord for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such excess electrical usage as Additional Rent. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereofequipment, the performance of repairs, improvements or alterations, utility Interruptions or the occurrence of an event of Force Majeure (defined in Section 26,03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs However, if, as a result of a Service Failure that is reasonably within the control of Landlord to correct, and which is not caused by Lessee introducing excessive pollutants Tenant its members, principals, partners, officers, directors, employees, agents, or solids other than ordinary human waste into contractors, the sanitary sewer systemPremises are made untenantable for a period in excess of five (5) consecutive Business Days after Tenant notifies Landlord in writing of such failure, including permitsthen Tenant, fees as its sole and charges levied by any governmental subdivision for any such pollutants or solids. Lessee exclusive remedy, shall be responsible for entitled to receive an abatement of Base Rent payable hereunder during the installation period beginning on the 6th consecutive Business Day after Tenant so notifies Landlord and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of ending on the sanitary sewer systemday the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 1 contract

Sources: Office Lease Agreement (KAYAK SOFTWARE Corp)

Building Services. Lessor Landlord shall provide furnish building standard heating and air conditioning service Monday through Friday from 8:00 A.M. to 6:00 P.M. No heating or air conditioning will be furnished by Landlord on Saturdays, Sundays or holidays, except upon prior arrangement with Tenant and at an extra charge as may be agreed to between Landlord and Tenant. For purposes of this Paragraph, "holidays" shall mean and refer to the holidays of Christmas, New Year's Day, Labor Day, Fourth of July, Memorial Day, and Thanksgiv­ing Day, as those holidays are defined, recognized or established by governmental authorities or agencies from time to time. Landlord shall furnish electric current to the Premises in amounts reasonably sufficient for normal utility service connections business use, including operation of building standard lighting and operation of typewriters and standard fractional horsepower office machinery. Tenant agrees that, at all times during the term of this Lease, Tenant's use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installa­tion on the Building. Lessee Tenant shall not install or use or permit the installation or use upon or about the Premises of any computer or electronic data processing or other equipment using current in excess of 110 volts or requiring power in excess of 500 ▇▇▇▇▇, without the ex­pressed prior written consent of Landlord. Tenant shall be permitted to install or use upon the premises the standard customary office com­puters, duplicators and other office equipment. Tenant shall pay directly monthly upon billing as additional rent under this Lease, such sums as Landlord's building engineer may reasonably determine to be necessary in order to reimburse Landlord for the appropriate supplier the additional cost of all utility services to the Leased Premises, utilities (including, but not limited to, any required security deposits and initial connection charge, all charges for gaswithout limitation, electricity, telephonegas and other fuels or power sources, and water) attributable to the operation of equipment which is not standard, sanitary customary office equipment or is special equipment or facilities and storm sewer service and security systems. If any services are jointly metered with other Leased Premises the installation or property (for example, exterior lighting), Lessor shall make a reasonable determination use by the Tenant of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants electrical heating or solids air conditioning equipment other than ordinary human waste into the sanitary sewer system, including permits, fees that which is installed and charges levied provided by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromLandlord.

Appears in 1 contract

Sources: Lease Agreement (Ir Biosciences Holdings Inc)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal utility service connections following services, which services shall be provided to Tenant as a part of “Expenses”, as that term is defined in Section 2.01 of Exhibit B attached hereto, except to the Building. Lessee shall pay directly extent Tenant is responsible for same under Section 7.02 below or to the appropriate supplier the cost of all utility services extent expressly excluded pursuant to the Leased Premisesterms and conditions of Exhibit B: (a) water for use in the Base Building lavatories and for reasonable use in the Premises 24 hours per day, including7 days per week; (b) customary heat and air conditioning in season during Building Service Hours, at such temperatures and in such amounts as are standard for Comparable Buildings for normal comfort for normal office use or as required by governmental authority. Landlord shall cause the HVAC system in the Building to perform up to the standards maintained by Comparable Buildings. Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice both as is reasonably specified by Landlord (Landlord represents that the current rate for after-hours HVAC is $[***] per hour (and a 4 hour minimum is required on Saturdays, Sundays and Holidays) and agrees that such rate shall only increase hereafter by actual increases in utility costs); (c) standard janitorial service on Business Days, at a level of service provided by Comparable Buildings; (d) automatic Elevator service, provided that, subject to Force Majeure, at least 1 passenger elevator servicing the Premises shall be available for the use of Tenant, in common with other occupants of the Building, 24 hours a day, 365/6 days per year; (e) Electricity in the Premises 7 days per week, 24 hours per day subject to Tenant’s obligation to pay for above Building standard electrical usage in accordance with Section 7.02 (Landlord represents to Tenant that the Building can supply to the Premises an amount equal to a combined 4.5 ▇▇▇▇▇ per usable square foot connected load for incidental use and lighting (exclusive of Building HVAC); (f) reasonable access control services for the Building, 7 days per week, 24 hours per day, in a manner consistent with other first-class high-rise Buildings owned by the original Landlord or entities affiliated with Equity Office, and if original Landlord or entities affiliated with Equity Office no longer owns the Building at a level of service consistent with that of other Comparable Buildings, provided, notwithstanding the foregoing, but not limited tosubject to Section 13 below, any required security deposits and initial connection charge, all charges Landlord shall in no case be liable for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises personal injury or property damage for any error with regard to the admission to or exclusion from the Building or the Property of any person, except to the extent of the gross negligence or willful misconduct of Landlord or Landlord Related Parties; (g) window washing services, but in no event at a level of service below that provided by other first-class high-rise buildings owned by the original Landlord or entities affiliated with Equity Office, and if the original Landlord or entities affiliated with Equity Office no longer owns the Building at a level of service below that provided by Comparable Buildings; (h) such other services as Landlord reasonably determines are necessary or appropriate for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's the Property; and (g) Tenant’s proportionate share of the Building’s riser and chaseway system for the purpose of installing appropriate cabling in connection with Tenant’s use of the Premises. The method and manner in which Tenant uses the risers and chaseways shall be subject to Landlord’s reasonable approval. Landlord shall maintain and operate the Common Areas and Base Building in a first-class manner reasonably consistent with that of Comparable Buildings. 7.02 Electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion in Expenses (except as provided for excess usage). Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity, use above “Building standard usage” or overall load, that which Landlord reasonably deems to be standard for the Building. In connection with a determination of whether Tenant’s usage of electrical service constitutes above “Building standard usage,” Tenant shall only be deemed to be using the electrical service in excess of “Building standard usage” in the event that Tenant uses in excess of a combined 4.5 ▇▇▇▇▇ of connected load per usable square foot of the Premises for incidental use and lighting (exclusive of Building HVAC) for the number of hours constituting Building Service Hours, calculated on a monthly basis. Landlord shall have the right to measure electrical usage by commonly accepted methods. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord for the cost of such services excess electrical usage as Additional Rent. 7.03 In the event that Tenant is prevented from using, and Lessee shall pay such share does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into perform, after the sanitary sewer system, including permits, fees Commencement Date and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's this Lease, which substantially interferes with Tenant’s use of or ingress to or egress from the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due Property, or Premises or the Parking Facility; (ii) any failure by Landlord to Lessee's use of sanitary sewer provide services, utilities or waste removal services insofar as such surcharges affect Lessor or other Lessees in ingress to and egress from the Building. Except , Property (including the Parking Facility), or Premises as set forth herein, Lessor shall not be required to pay for any utility service, supplies by this Lease; (iii) damage and destruction of or upkeep eminent domain proceedings in connection with the Leased Premises, Building, the Property or the Parking Facility, or (iv) the presence of Hazardous Materials not brought on the Premises by Tenant or Building. Utility services for the common areas shall be part any “Tenant Related Parties,” as that term is defined in Section 13 of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee this Lease (any such set of circumstances as set forth in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to items (i) through (iv), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for 3 consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then, the Base Rent and Tenant’s Pro Rata Share of Expenses and Taxes and parking fees shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises, or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use (“Unusable Area”), bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, the Unusable Area for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then, for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Base Rent and Tenant’s Pro Rata Share of Expenses and Taxes and parking fees for the entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Such right to ▇▇▇▇▇ Base Rent and Tenant’s Pro Rata Share of Expenses and Taxes and parking fees shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event; provided, however, that nothing in this Section 7.03 shall impair Tenant’s rights under Section 26.09 of this Lease. In the event the Eligibility Period occurs during a time when Tenant shall receive abated Base Rent hereunder pursuant to Section 1.03, Tenant’s right to receive abated Base Rent pursuant to this Section 7.03 shall apply immediately following the abatement period specified in Section 1.03 above for the number of rentdays to which Tenant is entitled to abatement pursuant to this Section 7.03. If Tenant’s right to abatement occurs because of an eminent domain taking, (ii) terminate condemnation and/or because of damage or destruction to the Premises, the Parking Facility, and/or the Property, Tenant’s abatement period shall continue until Tenant has been given sufficient time, and sufficient ingress to, and egress from the Premises, to rebuild such portion it is required to rebuild, to install its property, furniture, fixtures, and equipment to the extent the same shall have been removed as a result of such damage or destruction or temporary taking and to move in over a weekend. To the extent Tenant is entitled to abatement because of an event covered by Sections 16 or 17 of this Lease, or (iii) then the Eligibility Period shall not be relieved applicable. Except as provided in this Section 7.03, nothing contained herein shall be interpreted to mean that Tenant is excused from fulfilling any covenant or agreement contained hereinpaying Rent due hereunder. Should any malfunction of the improvements or facilities In addition, notwithstanding anything herein to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reasoncontrary, Lessor Tenant shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or receive an abatement of rent Base Rent and Tenant’s Pro Rata Share of Expenses and Taxes and parking fees hereunder if: (i) the Abatement Event is (a) an interruption of utility service, the correction of which is not reasonably within the control of Landlord (e.g. a failure by the local third-party utility provider to furnish water, electric power or damages other utility to the Building for reasons that are not reasonably within the control of Landlord to correct); or (b) an event of Force Majeure affecting persons or property outside of the Building and Property (e.g. a failure by local authorities to permit access to the Building or Property in connection with war, riot, civil disturbance or other similar events of Force Majeure); and (ii) Landlord is not covered for such abatement of Base Rent, Tenant’s Pro Rata Share of Expenses and Taxes and/or parking fees under the terms of applicable insurance policies. 7.04 Except when and where Tenant’s right of access is specifically excluded as the result of (a) an emergency, (b) a requirement by Law, or (c) a specific provision set forth in this Lease, Tenant shall have the right of ingress and egress to the Premises, Parking Facility and the Building 24 hours per day, 7 days per week commencing on account the date possession of such malfunction or of any interruptions in service occasioned thereby or resulting therefromthe Premises is tendered to Tenant, and continuing until the Termination Date.

Appears in 1 contract

Sources: Office Lease Agreement (GoodRx Holdings, Inc.)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal utility following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours, although Tenant shall have the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord; (c) standard janitorial service on Business Days; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building. Lessee shall pay directly Building for Tenant and its employees 24 hours per day/7 days per week, subject to the appropriate supplier the cost terms of all utility this Lease and such protective services to the Leased Premisesor monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. 7.02 Electricity used by Tenant in the Premises shall be paid for by Tenant (a) through inclusion in Expenses for Standard Electrical Usage (as defined below), or (b) by a separate charge payable by Tenant to Landlord for Excess Electrical Usage (as defined below). "Standard Electrical Usage" shall mean the use of electrical service in the Premises that does not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building using "Customary Office Equipment" (as used in this Lease, "Customary Office Equipment" will include typewriters, calculators, dictation recorders, desk top personal computers, small reproduction machines and similar devices and equipment; but will not limited toinclude any machines, any required security deposits and initial connection charge, all charges for gas, devices or equipment that use abnormal amounts of electricity, telephonee.g., waterdata processing or heavy-duty computer or reproduction equipment). "Excess Electrical Usage" shall be any electricity used in the Premises in excess of Standard Electrical Usage. Tenant may only use Excess Electrical Usage with Landlord's prior written consent. Landlord shall have the right to measure electrical usage by commonly accepted methods, sanitary including the installation of measuring devices such as submeters and storm sewer service and security systemscheck meters. If any services are jointly metered with other Leased Premises or property (it is determined that Tenant is using Excess Electrical Usage, Tenant shall pay Landlord Additional Rent for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services Excess Electrical Usage and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation cost of purchasing and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of installing the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrommeasuring device(s).

Appears in 1 contract

Sources: Office Lease Agreement (Geovic Mining Corp.)

Building Services. Lessor Landlord shall provide the normal utility water, sewer, electricity and gas service connections to the BuildingLeased Premises. Lessee Tenant shall arrange for connection to such services and pay directly to the appropriate supplier the all cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and deposits, initial connection chargecharges, taxes, penalties, surcharges or the like, all charges for gas, electricity, telephone, water, sprinkler monitoring devices, sanitary and storm sewer service service, and security systems. If any services are jointly metered with other Leased Premises premises or property (for exampleproperty, exterior lighting), Lessor Landlord shall make a reasonable determination of LesseeTenant's proportionate share of the cost of such services and Lessee Tenant shall pay such share to Lessor Landlord within ten (10) days of receipt of any invoice thereof. Lessee Landlord may cause, at Tenant's expense, any utility services which are jointly metered to be separately metered. Tenant shall pay all costs caused by Lessee Tenant introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Tenant shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for LesseeTenant's use of the sanitary sewer system. If the Leased Premises are in a multi- multi-occupancy Building, Lessee Tenant shall pay all surcharges levied due to LesseeTenant's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor Landlord or other Lessees tenants in the Building. Except as set forth herein, Lessor Landlord shall not be required to pay for any utility serviceservices, supplies or upkeep in connection with the Leased Premises or BuildingPremises. Utility services for the common areas Common Areas shall be part of Operating Expenses. Lessee Tenant agrees that Lessor is Landlord shall not be liable to Lessee Tenant in any respect for damages to either person, property or business on account of any interruption or failure of utilities utility services unless resulting from the gross negligence or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptlywillful misconduct of Landlord. No such interruption or failure may be construed as an eviction of Lessee Tenant or entitle Lessee Tenant to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein, provided, if any interruption or failure of utilities is the result of the gross negligence or willful misconduct of Landlord and such condition continues in excess of five (5) business days from the date Tenant notifies Landlord, Base Rent shall abate until the affected utilities are restored to the Leased Premis▇▇. Should ▇hould any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee Tenant above Building standard improvements) occur for any reason, Lessor Landlord shall use reasonable diligence to repair same see that such malfunction is corrected promptly, but Lessee Tenant will not be entitled to any claim for rebate or abatement of rent or damages (except as set forth above) on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.

Appears in 1 contract

Sources: Standard Commercial Lease (I Sector Corp)

Building Services. Lessor Section 11.1 Landlord shall provide provide, within its standards on each item, the normal utility service connections to following services and facilities: (A) Air conditioning, ventilation and heating, through the Building. Lessee shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share air conditioning system of the cost of such services and Lessee shall pay such share to Lessor within ten Building will be available twenty-four (1024) hours per day, seven (7) days of receipt of any invoice thereofa week. Lessee The normal operating hours shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer systembe Monday through Friday from 6:00 a.m. to 9:00 p.m., including permitsSaturday from 8:00 a.m. to 6:00 p.m, fees and charges levied by any governmental subdivision Sunday from 8:00 a.m. to 6:00 p.m. Additional HVAC for any such pollutants or solids. Lessee other time as herein set forth will be provided by Landlord to Tenant at an hourly rate, which hourly rate for the first year of this Lease shall be responsible $25.00 and shall be adjusted each year, based upon electricity costs, by Landlord and which shall be deemed to be Additional Rent and payable monthly with the Rent. Tenant agrees to cooperate fully with the Landlord and to abide by all the regulations and requirements which Landlord may reasonably prescribe for the installation proper functioning and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use protection of the sanitary sewer air conditioning system. If ; (B) Electric current for building standard level of illumination using standard fixtures of Landlord’s choice, and replacement of light globes and/or fluorescent tubes in the Leased building standard lighting fixtures installed in the Premises are in by Landlord; however, Landlord’s agreement to furnish electricity for lighting does not include electricity for any equipment requiring a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees grater voltage than the lighting circuits standard in the Building. Except as set forth hereinSuch additional electrical service will be furnished, Lessor shall not be required if reasonably available, upon Tenant’s rendering all costs of installation, including wiring and separate metering, and agreeing in writing to pay for any utility the costs of current as Additional Rent. (C) Maintenance of standard hardware installed in the Premises by Landlord; (D) Maintenance of floor coverings in the common area; (E) Cleaning of outside and inside of exterior window panes; (F) Cleaning and maintenance of common areas in the Building; (G) Janitor service, supplies or upkeep in connection with the Leased Premises or Building. Utility services including cleaning of Premises, dusting of furniture, desks and pictures, and vacuuming five (5) days a week; (H) Water for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromlavatory and drinking purposes.

Appears in 1 contract

Sources: Lease Agreement (Vitacost.com, Inc.)

Building Services. Lessor shall provide the normal utility service connections Landlord agrees to the Building. Lessee shall pay directly to the appropriate supplier the cost of all utility services to furnish Tenant, at Landlord's ----------------- expense, while occupying the Leased Premises: (a) janitor and maintenance service on a daily basis, including, but not limited to, any required security deposits excluding weekends and initial connection charge, all charges for gas, electricity, telephone, Holidays (as hereinafter defined); (b) passenger elevator service in common with other tenants daily and freight elevator service in common with other tenants upon request; (c) water, sanitary at those points of supply provided for general use of tenants; and storm sewer service and security systems. If any (d) heated or cooled air in season at such times as Landlord normally furnishes these services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share to all tenants of the cost of Building, and at such services temperatures and Lessee shall pay in such share amounts as are in accordance with any applicable statutes, rules or regulations such service on Sunday and Holidays to Lessor within ten be provided by Landlord at Landlord's sole option, and upon prior written request from Tenant (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into Landlord hereby reserves the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision right to charge Tenant for any such pollutants Sunday or solidsHoliday service used by Tenant on a prorated basis with those other tenants, if any, using the service during said time periods). Lessee Holidays shall mean and include only the following days: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. At night, the building shall be responsible for locked and access shall be the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices same as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees now exists in the Building. Except as set forth hereinIf heat or air conditioning is furnished at the request of the Tenant in hours other than normal working hours (Monday through Friday from 8:00 A.M. to 8:00 P.M. and 8:00 A.M. to 4:00 P.M. on Saturday). Tenant will pay Landlord charges to supply such services at Landlord's costs; but neither failure to any extent to furnish, Lessor nor any stoppage or interruption of, these defined services, resulting from any cause beyond Landlord's control, shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not render Landlord liable to Lessee in any respect for damages to either any person, property property, or business on account business, nor be construed as an eviction of Tenant or work an abatement of rent, nor relieve Tenant from fulfillment of any interruption covenant or failure agreement hereof. Tenant shall pay Landlord Tenant's Proportionate Share of utilities the costs of such services, or services if ascertainable, the costs of Tenant's actual use of such services, in monthly installments fixed by Landlord in addition to the Expenses described in Section 3.2 of this Lease. Should any equipment or machinery furnished by Lessor provided that Lessor uses Landlord cease to function properly, Landlord shall use reasonable diligence and diligent efforts to repair the same promptly. No such interruption Whenever heat generating machines or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to equipment are used by Tenant in the Leased Premises which affect the temperature otherwise maintained by the air conditioning equipment, Landlord reserves the right to install air conditioning units in the Leased Premises (or Building (which for the use of the Leased Premises), and the expense of such purchase, installation, maintenance, and repair shall be paid by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of Tenant upon demand as additional rent or damages in the alternative, Tenant shall continue to occupy the Leased Premises without further responsibility of Landlord for additional air conditioning. Tenant acknowledges that Landlord does not provide 24-hour security services in the Building, and hereby waives, on account behalf of such malfunction or itself, its officers, shareholders, partners, employees, agents and invitees, any and all claims of any interruptions nature or kind against Landlord due to the fact that Landlord does not provide 24-hour security services in service occasioned thereby or resulting therefromthe Building.

Appears in 1 contract

Sources: Lease Agreement (Britesmile Inc)

Building Services. Lessor shall provide the normal utility service connections 11.1 Subject to Tenant’s obligations to pay Rental and other rent due under this Lease and subject to the Buildingprovisions of Exhibit “D”, Landlord shall furnish the Premises with (a) electricity, (b) HVAC, (c) water, (d) non-attended elevator service, (e) lighting replacement for building standard lights, (f) toilet room supplies, (g) janitorial service, and (h) exterior window washing. Lessee shall pay The costs of these services are considered “Building Operating Costs” pursuant to Paragraph 4, above, except as to any costs billed directly to Tenant. 11.2 Tenant shall upon demand by Landlord reimburse Landlord directly for usage of HVAC and electricity in the appropriate supplier Premises during the cost “after hours” period (i.e., after 6:00 p.m. and before 8:00 a.m., Monday through Friday, after 1:00 p.m. and before 8:00 a.m. on Saturday, all day on Sunday and State and Federal holidays). Payment of all utility services after hours HVAC and electricity usage shall be separate from and in addition to the Leased Premisesamounts paid as Building Operating Costs under Paragraph 4, includingabove. For any after hours services requested on a weekday, but Tenant shall give Landlord at least twenty-four hours’ notice. For any after hours services requested on a weekend, Tenant shall notify Landlord by 3:00 p.m. on the Friday preceding the weekend. In addition, Tenant shall upon demand pay for all additional Building services (“Additional Services”) furnished to Tenant (i.e., services which are not limited to, any required security deposits and initial connection charge, uniformly furnished to all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share tenants of the Building). The Additional Services provided shall be billed on a monthly basis. The cost of for obtaining such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required approved by any governmental subdivision for Lessee's use of the sanitary sewer systemTenant in advance. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required Tenant agrees to pay for such Additional Services on demand. 11.3 No interruption or malfunction of any utility service, supplies Building services shall constitute an eviction or upkeep in connection with disturbance of Tenant’s use and possession of the Leased Premises or Building. Utility services for the common areas shall be part Property or breach by Landlord of Operating Expenses. Lessee agrees that Lessor is not any of its obligations hereunder or render Landlord liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee Tenant to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained hereinof its obligations under this Lease. Should In the event of any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reasonsuch interruption, Lessor however, Landlord shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of restore such malfunction or of any interruptions in service occasioned thereby or resulting therefromservice.

Appears in 1 contract

Sources: Lease Agreement

Building Services. Lessor shall provide the normal utility service connections Landlord agrees to furnish or cause to be furnished to the Building. Lessee shall pay directly Premises the following utilities and services, subject to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits conditions and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as standards set forth herein, Lessor the cost of which shall not either be Operating Expenses or a Direct Reimbursement Expenses in accordance with the terms of this Lease: (A) Non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and other tenants and occupants and their agents and invitees, 24 hours a day, 7 days a week. (B) During Business Hours, such air conditioning, heating and ventilation as, in Landlord’s reasonable judgment, are required for the comfortable use and occupancy of the Premises with typical heat and occupancy loads for the Permitted Use; provided, however, that if Tenant shall require heating, ventilation or air conditioning in excess of that which Landlord shall be required to pay for any utility serviceprovide hereunder, supplies Landlord may provide such additional heating, ventilation or upkeep in connection with air conditioning at such rates and upon such additional conditions as shall be determined by Landlord from time to time. Tenant will have the Leased Premises right to request, upon reasonable advance written or Building. Utility email notice to Landlord, HVAC services for the common areas Premises after Business Hours, and Tenant will be responsible for paying Landlord’s then hourly charge for supplying such services (as reasonably determined by Landlord from time to time) as additional Rent. Tenant acknowledges that at present, notification for HVAC services during weekends would have to be provided no later than 2:00 PM on the preceding Friday. The hourly cost for HVAC supplied after Building Hours as of the Lease Date is $75.00 per hour (C) Water for drinking and rest room purposes. (D) Reasonable janitorial and cleaning services five (5) days per week to the Common Areas. (E) At Tenant’s sole cost, Tenant shall contract with Landlord’s janitorial vendor to provide janitorial and cleaning services to the Premises five (5) days a week and, the cost of removal of Tenant’s refuse and rubbish, to the extent that the same exceeds the refuse and rubbish attendant to normal office usage. (F) An access control security system for after-hours use by all tenants in the Building. (G) Notwithstanding anything to the contrary set forth in this Section 7.1, Landlord and Tenant acknowledge that the Premises will be separately metered for electricity serving the lights and convenience outlets and server rooms in the Premises. Tenant will pay any costs of installing, maintaining or replacing such separate utility meter, and Tenant will reimburse Landlord directly for such separately metered electricity. Notwithstanding such separate metering of electricity usage within the Premises if Tenant’s increased electrical requirements or other sources of heat will materially affect the temperature level in the Premises or the Building, Landlord may require Tenant to pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, including but not limited to the cost of modifications to the air conditioning system. Landlord shall not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord’s reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Building. (H) Any amounts which Tenant is required to pay to Landlord pursuant to this Section 7.1 shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished payable within thirty (30) days after written demand by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor Landlord and shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromconstitute additional Rent.

Appears in 1 contract

Sources: Office Lease (Omniture, Inc.)

Building Services. Lessor shall provide the normal utility service connections As long as Tenant is not in monetary default ------------------ under this Lease, Landlord agrees to furnish or cause to be furnished to the BuildingPremises the following utilities and services, subject to the conditions and standards set forth herein: (A) Non-attended automatic elevator service in common with Landlord and other tenants and occupants and their agents and invitees. (B) During Business Hours, such air conditioning, heating and ventilation as, in Landlord's reasonable judgment, are required for the comfortable use and occupancy of the Premises. Lessee Landlord may make available to Tenant heating, ventilation or air conditioning in excess of that which Landlord shall be required to provide hereunder upon such conditions as shall be determined by Landlord from time to time. Landlord's fee for any such additional heating, ventilation or air conditioning provided to Tenant, to be set by Landlord from time to time, will be separate from and in addition to the Tax and Operating Expenses Adjustment provide in Article IV. (C) Water for drinking and rest room purposes. (D) Reasonable janitorial and cleaning services, provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant. If the Premises are not used exclusively as offices, Landlord, at Landlord's sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant's expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant shall pay directly to the appropriate supplier Landlord the cost of all utility services removal of Tenant's refuse and rubbish, to the Leased Premisesextent that the same exceeds the refuse and rubbish attendant to normal office usage. (E) At all reasonable times, includingelectric current of not less than 5 ▇▇▇▇▇ per square foot for building standard lighting and fractional horsepower office machines; provided, but however, that (i) without Landlord's consent, Tenant shall not limited toinstall, or permit the installation, in the Premises of any required security deposits and initial connection chargecomputers, all charges for gasword processors, electricityelectronic data processing equipment or other type of equipment or machines which will increase Tenant's use of electric current in excess of that which Landlord is obligated to provide hereunder (provided, telephonehowever, waterthat the foregoing shall not preclude the use of personal computers or similar office equipment); (ii) if Tenant shall require electric current which may disrupt the provision of electrical service to other tenants, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises Landlord may refuse to grant its consent or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lesseemay condition its consent upon Tenant's proportionate share payment of the cost of installing and providing any additional facilities required to furnish such services excess power to the Premises and Lessee upon the installation in the Premises of electric current meters to measure the amount of electric current consumed, in which latter event Tenant shall pay for the cost of such share meter(s) and the cost of installation, maintenance and repair thereof, as well as for all excess electric current consumed at the rates charged by the applicable local public utility, plus a reasonable amount to Lessor within ten cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (10iii) days of receipt of if Tenant's increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord's consent may be conditioned upon Tenant's requirement to pay such amounts as will be incurred by Landlord to install and operate any invoice thereof. Lessee shall pay all costs caused machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer systemLandlord, including permitsbut not limited to the cost of modifications to the air conditioning system. Landlord shall not, fees and charges levied by in any governmental subdivision way, be liable or responsible to Tenant for any such pollutants loss or solidsdamage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord's reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's Tenant covenants that at all times its use of electric current shall never exceed the sanitary sewer system. If capacity of the Leased Premises are in a multi- occupancy Buildingfeeders, Lessee shall pay all surcharges levied due to Lessee's use risers or electrical installations of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall If submetering of electricity in the Building will not be permitted under future laws or regulations, the Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the cost to Landlord for furnishing electricity to Tenant in the Premises. Any amounts which Tenant is required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas to Landlord pursuant to this Section 7.01 shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished payable upon demand by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of Landlord and shall constitute additional rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.

Appears in 1 contract

Sources: Office Lease (Igate Capital Corp)

Building Services. Lessor shall provide If Tenant is not in default under this Lease beyond the normal utility service connections expiration of any applicable notice and cure periods: A. Landlord agrees to furnish, subject to the rules and regulations of the Building, janitorial and cleaning services in and about the Premises, comparable to the standard janitorial services furnished by other first class office buildings in the Jurisdiction in which the Property is located, Saturdays, Sundays and the following “Holidays” excepted: Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas and New Year’s Day. Lessee Landlord further agrees to maintain and operate the Building in the manner and to the standard of other first class office buildings in the Jurisdiction in which the Property is located. B. Tenant shall pay directly Landlord, as Additional Rent, charges for additional or extraordinary janitorial or cleaning services required in or about the Premises. Tenant shall not provide any janitorial or cleaning services without the consent of Landlord. If Landlord grants consent, such services are subject to supervision by Landlord, at the appropriate supplier the cost sole expense of Tenant and shall be performed by contractors satisfactory to Landlord; and C. Window washing of all utility services to windows (inside and out) in the Leased Premises, includingat such times as shall be required in the sole, reasonable judgment of Landlord, provided however, that the inside and outside windows shall be washed no less than three (3) times per year, weather permitting. D. Neither Landlord nor Landlord’s beneficiaries, nor any company, firm or individual, operating, maintaining, managing or supervising the plant or facilities furnishing the services included in Landlord’s energy costs nor any of their respective agents, beneficiaries, or employees, shall be liable to Tenant, or any of Tenant’s employees, agents, customers or invitees or anyone claiming through or under Tenant, for any damages, injuries, losses, expenses, claims or causes of action, because of any interruption or discontinuance at any time for any reason in the furnishing of any of such services, or any other service to be furnished by Landlord as set forth herein; nor shall any such interruption or discontinuance relieve Tenant from full performance of Tenant’s obligations under this Lease. E. Electricity shall not be furnished by Landlord for the Premises, but not limited toexcept as otherwise hereinafter provided, shall be furnished by the approved electric utility company serving the area (“Electric Service Provider”). Tenant shall pay any and all connection charges at the Premises, any required security deposits and initial connection chargerequired by the Electric Service Provider, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share the use of the cost utility services, and all other costs and expenses involved in the care, management and use thereof to the extent charged by the Electric Service Provider, commencing as of such services the Commencement Date (regardless of whether Tenant physically occupies all or any portion of the Premises) and Lessee continuing through the remainder of the Term. Tenant shall pay such share public utility company directly for all such services. Tenant shall make all necessary arrangements with such public utility company for metering and paying for electric current furnished by it to Lessor Tenant, and Tenant shall pay for all charges for electric current consumed on the Premises during Tenant’s occupancy thereof. If Tenant fails to pay any utility bills or charges, Landlord may, at its option and upon reasonable notice to Tenant, pay the same and, in such event, Tenant shall reimburse Landlord for such payment, as Additional Rent, within ten twenty (1020) days of after receipt of an invoice therefor. Tenant agrees to purchase from Landlord or its agent all lamps, bulbs after the initial installation thereof, ballasts and starters used in the Premises, provided however that the availability, quality and cost of any invoice thereofsuch items shall be comparable to that available to Tenant from other suppliers. Lessee Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installed thereon. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises to connect to electric current (except through existing electrical outlets in the Premises) or water pipes, any apparatus or device for the purpose of using electric current or water. If Tenant shall require water or electric current in excess of that which is respectively obtainable from existing water pipes or electrical outlets and normal for use of the Premises as general office space, Tenant shall first procure the consent of Landlord, which Landlord may not unreasonably refuse. If Landlord consents to such excess water or electrical requirements, Tenant shall pay all costs caused including but not limited to meter service and installation of facilities necessary to furnishing such excess capacity. (1) To the extent permitted by Lessee introducing excessive pollutants law, Landlord shall have the right to select the Electric Service Provider and at any time and from time to time during the Term to either require that Tenant contract for service from a different company or solids companies providing electricity service (each such company hereinafter described as an “Alternate Service Provider”) or continue to contract for service from the Electric Service Provider. (2) Tenant shall cooperate with Landlord, the Electric Service Provider, and any Alternate Service Provider at all times, and as reasonably necessary, shall allow Landlord, Electric Service Provider and any alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other than ordinary human waste into machinery within the sanitary sewer systemPremises, including permitsprovided that such access shall not interfere with the normal conduct of Tenant’s business operations. (1) Tenant shall have the right to install a wireless intranet, fees Internet and charges levied by communications network (also known as “Wi-Fi”) within the Premises for the use of Tenant and its employees (the “Network”) subject to all the other provisions of this Lease as are applicable. (2) Tenant agrees that Tenant’s communications equipment and the communications equipment of Tenant’s service providers and contractors installed in the Building including, without limitation, any governmental subdivision for antennas, switches or other equipment (collectively, “Tenant’s Communications Equipment”) shall be of a type and, if applicable, a frequency that will not cause radio frequency, electromagnetic, or other interference to Landlord or any other tenant in the development of which the Property is located or any equipment of Landlord or any such pollutants other tenant. In the event that Tenant’s Wi-Fi, Network, or solids. Lessee shall be responsible for Communications Equipment causes or is believed to cause any such interference, upon receipt of notice from Landlord of such interference, Tenant will take all steps necessary to correct and eliminate the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer systeminterference. If the Leased Premises are in interference is not eliminated within twenty-four (24) hours (or a multi- occupancy Buildingshorter period if Landlord believes a shorter period to be appropriate) then, Lessee upon request from Landlord, Tenant shall pay all surcharges levied due shut down the Tenant’s Wi-Fi, Network or Communications Equipment, as the case may be, pending resolution of the interference, with the exception of intermittent testing upon prior notice to Lessee's use and with the approval of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or Landlord. (3) Tenant acknowledges that Landlord has granted and/or may grant lease rights, licenses and other Lessees in rights to various telecommunications service providers, but not within the interior of the Building. Except as set forth herein. H. Landlord agrees that, Lessor provided Tenant is not in default under this Lease beyond the expiration of any applicable notice and cure periods, Tenant and its contractor shall be permitted access to the Building risers and telecommunications closets, including without limitation the space above the ceilings of the Premises, except those risers or closets being utilized exclusively by Landlord (and excluding, in any event, such Building risers and/or telecommunications closets located in mechanical rooms or basement space) (collectively, the “Risers”), at no additional charge therefor, for the sole purpose of installing cabling therein; provided, however, that: (1) Tenant shall submit to Landlord for Landlord’s prior written approval (which approval shall not be unreasonably withheld or delayed) reasonably detailed plans and specifications showing the locations within the Risers where such cabling will be installed. Tenant shall appropriately ▇▇▇▇ and/or tag all such cabling as reasonably required by Landlord. If any such cabling is installed without Landlord’s prior written approval or without such appropriate identification, and Tenant fails to pay remove same within thirty (30) days after written notice from Landlord to do so, then Landlord shall have the right to remove and correct such improvements and restore the Risers to their condition immediately prior thereto, and Tenant shall be liable for any utility service, supplies or upkeep all expenses incurred by Landlord in connection with therewith. Landlord makes no representation or warranty that the Leased Risers will be adequate to satisfy Tenant’s needs. (2) Tenant shall promptly repair, at its sole cost and expense, any damage done to the Building and to any electrical, mechanical, HVAC, sprinkler, life safety and other operating system serving the Building or areas appurtenant to the Building that are caused by or arise out of any work performed by Tenant or its contractor pursuant to this Section 9.H. (3) Tenant shall remove, at Tenant’s sole cost and expense, all cabling and equipment installed by or on behalf of Tenant or other occupants of the Premises from the Risers and the Building by no later than the expiration or Buildingearlier termination of this Lease or Tenant’s right to possession of the Premises. Utility services for All damages and injury to the common areas Risers or the Building caused by such removal shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either personrepaired by Tenant, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromat Tenant’s sole expense.

Appears in 1 contract

Sources: Office Lease (Walter Investment Management Corp)

Building Services. Lessor 7.1 Landlord shall furnish Tenant with the following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours; provided that Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service so long as Tenant requests same by written notice to Landlord not later than 12:00 noon on the Business Day preceding the day of such overtime usage; (c) standard janitorial service on Business Days (which shall not include any janitorial service to the Network Operations Center (defined in the work Letter)); (d) Elevator service; (e) Electricity in accordance with the terms and conditions in Section 7.02; and (f) such other services as Landlord reasonably determines are necessary or appropriate for the Property. 7.2 (a) Electricity shall be distributed to the Premises either by the electric utility company selected by Landlord to provide electricity service for the normal Building or, at Landlord’s option, by Landlord; and Landlord shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such distribution. If and so long as Landlord is distributing electricity to the Premises, Tenant shall obtain all of its electricity from Landlord and shall pay all of Landlord’s charges as Additional Rent, which charges shall be based on meter readings from a submeter to the Premises to be installed by Landlord at Tenant’s cost. All electricity used during the performance of janitorial service, or the making of any alterations or repairs in or to the Premises, or the operation of any special air conditioning system serving the Premises, shall be paid by Tenant. Landlord has advised Tenant that presently NSTAR (the “Electric Service Provider”) is the electric utility company selected by Landlord to provide electricity service connections for the Building. Notwithstanding the foregoing, Landlord reserves the right at any time and from time to time before or during the Term to either contract for electric service from a different company or companies providing electricity service (each such company shall hereinafter be referred to as an “Alternative Service Provider”) or continue to contract for electricity service from the Electric Service Provider. Tenant shall cooperate with Landlord, the Electric Service Provider and any Alternative Service Provider at all times and, as reasonably necessary, shall allow Landlord, the Electric Service Provider and any Alternative Service Provider reasonable access to the Building. Lessee shall pay directly ’s electric lines, feeders, risers, wiring and other machinery within the Premises provided Landlord uses commercially reasonable efforts to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered minimize interference with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep Tenant’s business operations in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromtherewith.

Appears in 1 contract

Sources: Office Lease Agreement (Gomez Inc)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal utility service connections to following services: (a) hot and cold water for use in the Building. Lessee shall pay directly to Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours in accordance with the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises specifications attached hereto as Exhibit I or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices otherwise as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor authority; provided that Landlord shall not be required to pay liable for any utility service, supplies or upkeep failure to maintain the temperature ranges set forth in connection with such Exhibit to the Leased Premises or Building. Utility services for the common areas shall be part extent that such failure arises out of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) an excess density or electrical load within the Premises beyond any abatement of rentdensity or load limits that are standard for the Building, or (ii) terminate Tenant’s use of heat generating machines, equipment or lighting in the LeasePremises, or (iii) modifications performed to the HVAC system by Tenant (or any contractors retained by Tenant) which have not been approved by Landlord or which have been made by Tenant after being informed by Landlord that such modifications may negatively affect the ability of Landlord to provide HVAC services in accordance with the specifications attached as Exhibit I, or (iv) Tenant’s failure to keep the window coverings in the Premises closed during periods when the outside temperature is 91 degrees dry bulb or above or (v) any Alterations to the Premises made by Tenant (or any contractors retained by Tenant) or at Tenant’s request which have not been approved by Landlord or which have been made by Tenant after being informed by Landlord that such Alterations may negatively affect the ability of Landlord to provide HVAC services in accordance with the specifications attached as Exhibit I. Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord and if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be relieved conditioned upon Landlord having adequate excess capacity from fulfilling time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord. As of the date hereof, Landlord’s monthly usage fee for using the condenser water in the Building is $100 per connected ton per month, subject to change from time to time. In addition, Tenant shall reimburse Landlord for any out of pocket costs incurred by Landlord to connect Tenant to the condenser water loop. As of the date of this Lease, the Building standard condenser water capacity available for use by tenants is currently 5 tons per floor. Currently, Tenant may request after hours HVAC service by delivering a written request to Landlord at the office of the Building prior to (i) 12:00 P.M. on the Business Day such after-hours usage is desired, or (ii) if such usage is desired on a non-Business Day, then prior to 12:00 P.M. on the Business Day immediately preceding the date such usage is desired. The aforesaid time periods and limitations for requesting after-hours HVAC service are subject to change from time to time by Landlord”. As of the date hereof, Landlord’s charge for after hours heating and air conditioning service is $175.00 per hour for cooling and $75.00 for heating for each full floor or partial floor for which Tenant requests such service, subject to change from time to time; (c) standard janitorial service on Business Days, including those services listed on Exhibit J attached hereto, in a manner customarily performed within the janitorial industry in office buildings of similar age, size, class and composition as the Building in the Boston financial district, or such other reasonably comparable janitorial services designated by Landlord from time to time; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus a reasonable administrative charge. 7.02 Electricity used by Tenant in the Premises shall be paid for by Tenant by a separate charge payable by Tenant to Landlord. The initial estimated monthly payments for electricity shall be $5,433.05 per month (i.e., $1.40 per rentable square foot per year); provided that such rate may be adjusted from time to time to reflect the then current rate for electricity. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building standard usage, per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. For purposes hereof, the Building “electrical standard” is 6 ▇▇▇▇▇ per usable square foot of connected load to the Premises, inclusive of base Building HVAC. Landlord shall have the right to measure electrical usage by commonly accepted methods. Landlord and Tenant agree that as of the date of this Lease, the Premises is separately check metered for electricity. Landlord shall maintain and repair such check meter in accordance with the provisions of Section 9.02 below. However, if it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord Additional Rent for the cost of such excess electrical usage. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement contained hereinagreement. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reasonHowever, Lessor Landlord shall use reasonable diligence to repair same correct and/or minimize any such Service Failure promptly, but Lessee will not and if the Premises, or a material portion of the Premises, are made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, then Tenant, as its sole remedy, shall be entitled to any claim for rebate or receive an abatement of rent Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably prorated. Notwithstanding the foregoing, if a Service Failure which makes the Premises or damages on account a material portion thereof untenantable is reasonably within the control of Landlord and continues for 120 consecutive days after the Service Failure, then Tenant, as its sole remedy, shall have the right to elect to terminate this Lease within 10 days after the expiration of said 120 day period without penalty, by delivering written notice to Landlord of its election thereof. The foregoing termination right shall not apply if the Service Failure is due to a Casualty, as defined in Section 16. Instead, in such malfunction or an event, the terms and provisions of any interruptions in service occasioned thereby or resulting therefromSection 16 shall apply.

Appears in 1 contract

Sources: Office Lease Agreement (Rapid7 Inc)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal utility following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours, although (i) Tenant shall have the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord, and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord. Lessee As of the date hereof, Landlord’s charge for after hours heating and air conditioning service is $75.00 per hour for each full floor or partial floor for which Tenant requests such service during winter months and $175.00 per hour for each floor or partial floor for which Tenant requests such service during summer months, subject to change from time to time; (c) standard janitorial service on Business Days; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; (g) security to control and monitor access to the Building which may be provided through a security system involving any one or a combination of cameras, monitoring devices or guards, sign-in or identification procedures or other comparable system, as determined by Landlord in its sole discretion; and (h) such other services as Landlord reasonably determines are necessary or appropriate for the Property. If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay directly to the appropriate supplier Landlord, or such other party designated by Landlord, the cost of all utility services providing such service plus a reasonable administrative charge. 7.02 Electricity used by Tenant in the Premises shall be paid for by Tenant by a separate charge payable by Tenant to Landlord with a true-up at the Leased Premisesend of each calendar year during the Term. Landlord shall use reasonable efforts to furnish the statement showing the true-up of electricity expenses on or before June 1 of the calendar year immediately following the calendar year to which the statement applies. The initial estimated monthly payments for electricity shall be $6,558.50 per month (i.e., including, but not limited to, any required security deposits and initial connection charge, all charges $2.00 per rentable square foot per year); provided that such rate may be adjusted from time to time to reflect the then current rate for gas, electricity, telephoneand further provided that the amount billed to Tenant for electricity shall be Landlord’s actual cost of electricity without markup. Tenant’s electricity charges will be measured from separate check meters for each floor of the Premises. Without the consent of Landlord, waterTenant’s use of electrical service shall not exceed the Building standard usage, sanitary per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and storm sewer service and security systemscheck meters. If any services are jointly metered with other Leased Premises it is determined that Tenant is using electricity in such quantities or property (during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for examplethe Building, exterior lighting), Lessor Tenant shall make a reasonable determination of Lessee's proportionate share of pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereofequipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused by Lessee introducing excessive pollutants However, if the Premises, or solids other than ordinary human waste into a material portion of the sanitary sewer systemPremises, including permitsare made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the 4th consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 1 contract

Sources: Office Lease Agreement (Ironwood Pharmaceuticals Inc)

Building Services. Lessor Landlord shall provide furnish Tenant with the normal utility following services: (a) water for use in the Base Building lavatories; (b) heat and air conditioning according to the outdoor temperature during Building Service Hours, although (i) Tenant shall have the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s charge for additional HVAC service shall be based on a minimum of four (4) hours of usage), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord ; (c) janitorial service on Business Days; (d) elevator service; (e) electricity in accordance with the terms and conditions of Section 7.02; (f) access to the Building for Tenant and its employees twenty-four (24) hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Lessee If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay directly to the appropriate supplier Landlord, or such other party designated by Landlord, the cost of all utility services providing such service plus a reasonable administrative charge (except for after-hours HVAC, which costs and charges are set forth below). HVAC service during hours other than HVAC Service Hours requires at least twenty-four (24) hours prior notice to the Leased PremisesLandlord, includingand can be requested for either “Economizer” service, but not limited to, any required security deposits and initial connection charge, all or for “fan only” service. Full HVAC service during hours other than HVAC Service Hours requires at least one (1) week prior notice to Landlord. Landlord’s current charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any such services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share as of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices Effective Date are as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.follows:

Appears in 1 contract

Sources: Office Lease Agreement (Thimble Point Acquisition Corp.)

Building Services. Lessor shall provide As long as Lessee is entitled to possession of the normal utility service connections to the Building. Lessee shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, Premises (but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lightingthereafter), Lessor the following services shall make a reasonable determination of Lessee's proportionate share be furnished to those parts of the cost Premises that have not been abandoned by Lessee: (a) Electricity at points of supply selected by Lessor at such services voltage and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer systempower, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible kilowatt-hour consumption levels as are "building standard" for the installation and maintenance Building as of any dilution tanksthe date of this Lease, holding tanksand, settling tanksexcept as contemplated in "Exhibit G - Additional Generator Usage" attached hereto, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of electricity shall not exceed Building standard circuit capacities or KWH consumption. Lessor may direct that submeters be installed in portions of the sanitary sewer systemPremises, as part of the Improvements, as defined in the Work Letter. If Lessee requests electrical services in excess of Building standard, Lessor may choose to consent only upon conditions that Lessor considers reasonably appropriate (including the Leased Premises are in a multi- occupancy Buildingcondition that additional submeters and/or any additional risers, Lessee shall pay all surcharges levied due to wiring, or other equipment be installed by Lessor at Lessee's use cost payable in advance). (b) Central heating and air conditioning in season to provide temperatures in the Premises during Building Hours that Lessor reasonably considers suitable for an office environment at normal occupant densities under normal outside weather conditions. Building Hours (herein so called) are 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. on Saturday, exclusive of sanitary sewer or waste removal services insofar as Building Holidays, and such surcharges affect hours may be amended from time to time by Lessor or other Lessees upon notice to the tenants in the Building. Except Building Holidays (herein so called) shall be the days which are listed on Exhibit D attached hereto as set forth hereinamended from time to time by Lessor upon notice to all lessees of the Building. If Lessee desires to have heating and air conditioning service in the Premises during other than Building Hours, Lessee must request that service in advance from the Building manager during Building Hours. By requesting such service, Lessee agrees to pay Lessor's Building standard charge based on the actual time used (including any Building standard minimum charge) for the smallest heating or air conditioning zone that can accommodate the requested service area in the Premises (as of the date of this Lease, Lessor's charge for heating and air conditioning service during non-Building Hours is $35.00 per hour, and Lessor shall provide Lessee with written notice of any future increases in Lessor's charge therefor). If Lessee's computers or other equipment generate heat or vapors that Lessor reasonably considers excessive or require the maintenance of a range of temperatures or ventilation that Lessor reasonably believes cannot be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or provided by Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.

Appears in 1 contract

Sources: Office Lease Agreement (Zix Corp)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours, although Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord. As of the date hereof, Landlord’s charge for after hours heating and air conditioning service is $50.00 per hour, subject to change from time to time; (c) standard janitorial service on Business Days; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day / 7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant either: (a) through inclusion in Expenses (except as provided for excess usage); (b) by a separate charge payable by Tenant to Landlord; or (c) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant’s use of electrical service connections shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Lessee Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges Landlord Additional Rent for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereofequipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused by Lessee introducing excessive pollutants However, if the Premises, or solids other than ordinary human waste into a material portion of the sanitary sewer systemPremises, including permitsare made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the 4th consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 1 contract

Sources: Sublease (CarePayment Technologies, Inc.)

Building Services. Lessor During the Term, Landlord shall provide (a) water at those points of supply provided for general use of other tenants in the normal utility service connections to Building and electricity for use in the Building. Lessee shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including(b) central heating and air conditioning in season, but and at temperatures and in amounts as are considered by Landlord to be standard or in compliance with any governmental regulations, such service at times other than regular hours to be furnished upon not limited toless than twenty-four (24) hours advance notice from Tenant, any required security deposits who shall bear the entire cost thereof at the rate established by Landlord, (c) self-operated passenger elevator service, if applicable, and initial connection charge(d) janitorial service for the Premises, all charges for gasBuilding and Common Areas which shall only include, electricityhowever, telephonethe sweeping and cleaning of floors, waterthe cleaning of lavatories and toilets located in the Common Areas, sanitary the washing of exterior windows, the dusting of light fixtures and storm sewer service air grills, and security systemsthe disposal of trash from the Premises, Building and Common Areas. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee Tenant shall pay all costs caused utility, telephone and telecommunications charges and shall provide all services not enumerated in this Section. Landlord may, in its sole discretion, provide additional services not enumerated herein. Failure by Lessee introducing excessive pollutants Landlord to any extent to provide these defined services or solids any other than ordinary human waste into the sanitary sewer systemservices not enumerated, including permitsor any cessation thereof, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not render Landlord liable to Lessee in any respect for damages to either personperson or property, property be construed as an eviction of Tenant, work an abatement of rent or business on account relieve Tenant from fulfillment of any interruption or covenant in this Lease, provided such services are restored within ten (10) business days after Tenant delivers written notice to Landlord of the failure of utilities such services to be provided to the Premises. If any essential building service is not restored within such ten (10) business days and, as a result, such failure to restore such services interferes with Tenant’s use and occupancy of all or any portion of the Premises, Tenant shall be entitled to abatement of rent for the portion (or all) of the Premises it is unable to use from the date of such cessation until the date such services furnished are restored or the date Tenant recommences its use of the Premises (or the portion thereof affected by Lessor provided the cessation); provided, that Lessor uses if such essential building services are not restored within 30 days following the delivery of such notice and the interruption is not due to an event described in Sections 7.1 or 7.2, then Tenant, at its sole option and sole remedy, may terminate the Lease upon delivery of written notice to Landlord prior to restoration of the services. If any of the equipment or machinery useful or necessary for provision of utility services, and for which Landlord is responsible, breaks down, or for any cause ceases to function properly, Landlord shall use reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any Tenant shall have no claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions interruption in service occasioned thereby or resulting therefromfrom the repairs. Landlord reserves the right from time to time to make changes in the utilities and services provided by Landlord to the Property.

Appears in 1 contract

Sources: Sublease (Targacept Inc)

Building Services. Lessor 5.1. Provided Tenant is not in default under any of the provisions of the Lease, Landlord shall provide the normal utility service connections provide, to the extent of and in the same manner as other buildings of similar type in the same geographical location as the Building. Lessee shall pay directly to , the appropriate supplier following services and facilities, the cost of which will be borne as set forth in Articles 3 and 4 above: 5.1.1. Air conditioning and heating, through the air conditioning and heating system of the Building during general recognized business days and during ordinary hours. Tenant agrees to cooperate fully with Landlord and to abide by all utility services the regulations and requirements which Landlord may reasonably prescribe for the proper and economical functioning and protection of the air conditioning system. 5.1.2. Electric current for illumination for standard general use and the operation of standard general office equipment. If the nature of Tenant's use requires additional lines, risers or other electrical equipment, Landlord shall install the same at Tenant's cost and expense and Tenant shall also pay any abnormal electric usage charges. 5.1.3. Maintenance service of the public toilet rooms in the Building. 5.1.4. Cleaning of outside of exterior window panes. 5.1.5. Cleaning and maintenance of common areas. 5.1.6. Normal janitorial service. 5.1.7. Hot and cold water for lavatory and drinking purposes; if Tenant requires water for additional purposes, Tenant shall pay the cost thereof as shown on a meter to be installed and maintained at Tenant's expense to measure such consumption. 5.1.8. Tenant and its employees and invitees shall have the non-exclusive right to use the Authorized Number of Parking Spaces of fifteen (15) in the parking areas shown on Exhibit B, pursuant to the Leased Premisesrules and regulations relating to parking adopted by Landlord from time to time. Tenant agrees not to overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of parking facilities. Landlord reserves the right to use whatever reasonable means are necessary, including, but not limited tolimited, to policing and towing, if Tenant, its employees, contractors, or invitees are deemed by Landlord to be using unauthorized parking spaces or those assigned to other tenants and to charge that portion of the cost thereof to Tenant which Landlord reasonably determines to be caused by the failure of the Tenant, its employees, contractors, agents, and invitees to use the parking in compliance with this Lease and the rules and regulations relating to parking. Landlord may, at its own discretion, change the location and nature of the parking spaces available to Tenant, its employees and invitees, provided that after such change, there shall be available to Tenant and its employees and invitees approximately the same number of spaces as available before the change. 5.2. It is understood that this is a gross lease with minimum rent paid to Landlord intended to be inclusive of Real Estate Taxes and all Operating Expenses (including insurance costs including electric for the Demised Premises). It is understood that Landlord does not warrant that any of the services referred to in this paragraph 5 will be free from interruption from causes beyond the control of Landlord. Landlord reserves the right, without any liability to Tenant, and without being in breach of any covenant of this Lease, to interrupt or suspend service of any of the heating, ventilating, air-conditioning, electric, sanitary, or other Building systems serving the Demised Premises, or the providing of any of the other services required security deposits of Landlord under this Lease, whenever and initial connection chargefor so long as may be necessary by reason of accidents, all charges for gasemergencies, strikes or the making of repairs or changes which Landlord is required by this Lease or by law to make or in good ▇▇▇▇▇ ▇▇▇▇▇ advisable, or by reason of difficulty in securing proper supplies of fuel, steam, water, electricity, telephonelabor or supplies, wateror by reason of any other cause beyond Landlord's reasonable control, sanitary including without limitation, mechanical failure and storm sewer service and security governmental restrictions on the use of materials or the use of any of the Building's systems. If any services are jointly metered with other Leased Premises or property (for exampleIn each instance, exterior lighting)however, Lessor Landlord shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses exercise commercially reasonable diligence to repair eliminate the same promptly. No such cause of interruption or failure may be construed as an eviction and to effect restoration of Lessee or entitle Lessee to (i) any abatement of rentservice, (ii) terminate the Leaseand shall give Tenant reasonable notice, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction when practicable, of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities commencement and anticipated duration of Lessee above Building standard improvements) occur for any reason, Lessor such interruption. Tenant shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate diminution or abatement of rent or damages on account other compensation nor shall this Lease or any of such malfunction the obligations of the Tenant be affected or reduced by reason of the interruption, stoppage or suspension of any interruptions of the Building's systems or services arising out of the causes set forth in service occasioned thereby or resulting therefromthis Paragraph.

Appears in 1 contract

Sources: Lease Agreement (Infoactiv Inc)

Building Services. Lessor Landlord agrees to furnish to the Premises, at its expense, during standard business hours, Monday through Friday (generally recognized holidays excepted), and subject to the Rules and Regulations described in Exhibit "D" hereof, air conditioning and heat, elevator service, electric current for normal lighting and fractional horsepower office machines and, on the same floor as the Premises, water for lavatory and drinking purposes, all in such reasonable quantities, in the judgment of Landlord, as are necessary for the comfortable occupancy of the Premises. Janitorial and maintenance services will be furnished five (5) days per week. Janitorial services shall provide include only ordinary dusting and cleaning and shall not include shampooing of carpets or rugs, cleaning of draperies or furniture, or other unusual services. Landlord may impose, AFTER REASONABLE PRIOR WRITTEN NOTICE TO TENANT, reasonable additional charge for the usage of any additional or unusual janitorial services required because of any unusual Tenant Improvements in the Premises, the carelessness of Tenant, the unusual nature of Tenant's business and the removal of any refuse and rubbish from the Premises other than discarded material placed in waste paper baskets and left for emptying as an incident to Tenant's normal utility service connections cleaning of the Premises. Tenant shall comply with all rules and regulations which Landlord may reasonably establish OF WHICH TENANT HAS REASONABLE PRIOR WRITTEN NOTICE for the proper functioning and protection of the air conditioning, heating, elevator and plumbing system. Landlord shall not be liable for and Tenant shall not be entitled to any abatement or reduction of rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by riot, strike, labor disputes of any character, breakdowns, necessary repairs, breakage, accidents, the unavailability of natural or other energy resources, or other cause beyond Landlord's reasonable control. Without the prior written consent of Landlord, Tenant shall not use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines and machines using current in excess of 110 volts, which may increase the amount of the electricity, air conditioning, heat or water which would otherwise be furnished or supplied under this Article 14 for the intended use of the Premises; and Tenant will not connect with electric current, except through existing electrical outlets in the Premises, or with water pipes, any apparatus or device which uses electric current or water. Except as specifically provided in this Article 14, and in addition to rent and other charges required to be paid by Tenant under this Lease, Tenant agrees to pay for all utilities and other services utilized by Tenant and for all overtime or additional building services furnished to Tenant not uniformly furnished to all Tenants of the Building. Lessee Building hours are 7:00 a.m. to 6:00 p.m., Monday through Friday. The rate for after-hours HVAC shall pay directly be $50.00 per hour. The rate for after-hours lighting shall be $0.012 per fixture per hour. The after-hour HVAC rate is subject to the appropriate supplier the cost of all utility services adjustment from time to the Leased Premisestime based on inflationary factors, including, but not limited to, any required security deposits utility rates, union labor rates for building engineers, and initial connection charge, all charges for gas, electricity, telephone, water, sanitary other maintenance costs directly associated with these services. This rate is based on Tenant's consumption and storm sewer service subject to adjustment by Landlord based on square footage and security systemsconsumption. If any services are jointly metered This rate is subject to adjustment from time to time based on inflationary factors and other maintenance costs directly associated with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromthese services.

Appears in 1 contract

Sources: Lease Agreement (Ocular Sciences Inc /De/)

Building Services. Lessor 7.01 Landlord shall at all times during the Term operate and maintain the Building and all Building systems running through and not exclusively serving the Premises consistent with the standard (the “Standard”) of a Class A commercial office building in the Stamford, Connecticut central business district and shall furnish Tenant in the Premises with the following services consistent with the Standard unless otherwise provided herein: (a) reasonable amounts of potable hot and cold water for lavatory, toilet and ordinary cleaning purposes; (b) customary heat and air conditioning in season during Building Service Hours in accordance with the specifications attached hereto as Exhibit H (HVAC Specifications), although Tenant shall have (i) the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which is currently $100 per hour per floor with a two (2) hour minimum, subject to additional charges for supplemental HVAC units pursuant to the terms of this Lease) and providing Landlord with at least five (5) hours prior written notice during Building Service Hours of such request, and (ii) access to supplemental air conditioning by paying Landlord’s then standard charge therefor (which is currently a tap in charge of $200.00 per ton to connect to the Building condenser water, plus a current monthly fee of $40 per ton); (c) Building standard janitorial service on Business Days in accordance with the cleaning specifications attached hereto as Exhibit I; (d) elevator service three hundred sixty-five days/twenty-four hours per day/seven days per week; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building and the Garage for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards or electronic cards; (g) not less than one (1) attendant in the Building lobby during Building Service Hours and, during all other hours, a circulating and/or monitoring patrol shall be provided; and (h) such other services as Landlord reasonably determines are necessary or appropriate for the Property. In the event Tenant installs any private restroom(s) and/or shower(s) in the Premises or any above standard kitchen, pantry(ies), fitness center and/or any other above standard improvements, Tenant shall be solely responsible for any and all cleaning, repairs and replacements to such restroom(s), shower(s), kitchen, pantry(ies), fitness center and/or any other above standard improvements. If any additional cleaning of the Premises is to be done by Tenant, it shall be done at Tenant’s sole expense, in a manner reasonably satisfactory to Landlord and no one other than persons approved by Landlord shall be permitted to enter the Premises or the Building for such purpose. Tenant shall pay to Landlord the cost of removal of any of Tenant’s refuse and rubbish from the Premises and the Building (i) to the extent that the same, in any one day, exceeds the average daily amount of refuse and rubbish usually attendant upon the use of such Premises as offices, and (ii) related to or deriving from the preparation or consumption of food or drink (other than customary food for Tenant’s employees). Bills for the same shall be rendered by Landlord to Tenant at such time as Landlord may elect and shall be due and payable as Additional Rent within twenty (20) days after the time rendered. Tenant shall cause all portions of the Premises used for the storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner reasonably satisfactory to Landlord, and to be treated against infestation by vermin, rodents or roaches, whenever there is evidence of any infestation. Tenant shall not permit any person to enter the Premises or the Building for the purpose of providing such extermination services, unless such persons have been approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed). Without limiting any of Landlord’s other obligations under this Lease and so long as Landlord or an affiliate of Landlord is the fee simple owner of the Building, Landlord shall provide the normal utility following amenities during the Term at Stamford Plaza consistent with the Standard, for the benefit of all tenants at the Building (including Tenant, at no additional cost to Tenant): sundry shop, ATM machine, shared tenant conference facilities, shared access cafeteria, fitness center/health club, dry cleaning service, on-site putting green or similar activity, car wash/detailing service connections and shuttle service to Stamford Transportation Center. In addition, Landlord shall, upon request and subject to availability, provide Tenant with storage spaces in the Building at Landlord’s then current monthly storage space rates pursuant a separate agreement. 7.02 All electricity consumed by Tenant in the Premises shall be paid for by Tenant as Additional Rent in accordance with the terms of this Lease. Landlord will, as part of Landlord’s Work, install a demand watt hour check meter which will measure the Tenant’s electricity consumption within the Premises. In addition, Landlord may, at its option, furnish and install, at Tenant’s expense, all lighting tubes, lamps, bulbs, and ballasts required in the Premises; provided, however, Landlord shall not be liable if it elects, in its sole discretion, not to replace any lighting tube, lamp, bulb or ballast, or if it is delayed in replacing same for any reason, including without limitation delays in deliveries or unavailability of non building standard items. During each calendar year, or portion thereof, falling within the Term, Tenant shall pay to Landlord the Premises Electric Charge, together with a monthly administrative charge thereon which administrative charge shall not exceed one percent (1%) of the Premises Electric Charge. The phrase “Premises Electric Charge” shall mean the amount determined by applying the amount of electrical consumption by Tenant, as determined by the check meter, to the Buildingrate charged for such consumption in the service classification in effect from time to time pursuant to which Landlord then purchased electric current for the entire Building together with all other third party out of pocket components (e.g., generation, distribution and stranded cost charges) and third party out of pocket charges for such services for the applicable month, but with no Landlord ▇▇▇▇-up. Lessee Without the consent of Landlord, Tenant’s use of electrical service shall pay directly not exceed 6 ▇▇▇▇▇ per rentable square foot of the Premises. Electrical service to the appropriate supplier Premises may be furnished by one or more companies providing electrical generation, transmission and distribution services, and the cost of all utility services electricity may consist of several different components or separate charges for such services, such as generation, distribution and stranded cost charges. Landlord shall have the exclusive right to select any company providing electrical service to the Leased Premises, to aggregate the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Law) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord. Except to the extent caused by Landlord’s willful misconduct or gross negligence, Landlord shall not be liable in any way to Tenant for any interruption or failure of or defect in the supply, character, quantity or quality of electric energy furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the supply, character, quantity or quality of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building with electricity or for any other reason. Notwithstanding anything set forth herein to the contrary, Tenant acknowledges and agrees that in the event at any time during the Term Tenant installs any type of supplemental equipment (including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased supplemental HVAC equipment) in or serving the Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of subject to Landlord’s consent) to the cost of extent that such services and Lessee shall pay such share to Lessor within ten (10equipment is not already included under meter(s) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees previously installed in the Building. Except as set forth hereinPremises, Lessor then Landlord may require, at Tenant’s sole cost and expense, that Tenant separately meter the electrical usage for such supplemental equipment using Landlord’s approved metering equipment and electrician (such approval not to be unreasonably withheld, conditioned, or delayed) and Tenant shall not be required to pay Landlord for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromadditional electrical usage.

Appears in 1 contract

Sources: Office Lease Agreement (Cara Therapeutics, Inc.)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal utility following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours. Tenant shall have the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord; provided, however, that Tenant shall be entitled to use up to ten (10) hours of additional HVAC service beyond Building Service Hours without charge for each full calendar month of the Term. As of the date of this Lease, Landlord’s charge for after hours heating and air conditioning service is $59.00 per hour with a 2 hour minimum, subject to change from time to time (Landlord agrees that any increases in such charge for after-hours HVAC service shall be limited to increases in Landlord’s actual, reasonable costs of supplying the after-hours HVAC services); (c) standard janitorial service on Business Days; (d) Elevator service; (e) Electricity in accordance with the terms and conditions in Section 7.02; (f) Access to the Building. Lessee shall pay directly Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease, and such security or monitoring systems as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate supplier for the Property. With respect to clause (b) above, so long as the ALC System (as defined below) is in effect and servicing the Premises and the Building, notwithstanding anything to the contrary contained in this Section 7.01, the only prior notice that shall be necessary will be for Tenant to telephone into the Building’s ALC Energy Management System (the “ALC System”) from any touch-tone telephone to request immediate service and invoices therefor will be generated by the ALC System. If Tenant requires heat or air conditioning during hours other than Business Service Hours, charges for such services will be prorated by Landlord between each requesting user-tenant (if more than one tenant in the same service zone requests additional heat or air conditioning at the same time) and the proration shall be based on the area of the Building leased to such tenants and their respective periods of use. In addition, Tenant may install, at its sole expense, supplemental heat, ventilation and air-conditioning systems and equipment, subject to Landlord’s approval in accordance with Section 9.03 of this Lease, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for the repair and maintenance of such supplemental systems, if any. 7.02 Electricity used by Tenant in Suite 120 of the Premises shall be measured by an electric meter or submeter, which shall be separately dedicated to Suite 120 of the Premises (but not other portions of the Premises). Tenant shall apply to the applicable utility company to connect and install such meter or submeter, all of the costs of the installation and connection of such meter or submeter shall be paid for by Tenant, at Tenant’s sole cost and expense (the installation and operation of which Tenant agrees to have completed on or before the Commencement Date), and electricity usage for Suite 120 of the Premises shall be paid for by Tenant by separate charge billed by the applicable utility company and payable directly by Tenant, including all utility services hookup, connection and impact fees and permits. Further, although electricity service for Suite 120 of the Premises is to be separately metered as of the Leased PremisesCommencement Date, Tenant acknowledges and agrees that electricity costs for the Common Areas and the other portions of the Building (including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systemsthe other portions of the Premises) shall be included in Expenses chargeable to Tenant. If Tenant fails to pay any services utility ▇▇▇▇ within 45 days after the due date, Landlord may, but shall not be obligated to, pay such bills (without any duty to investigate the validity thereof), in which event Tenant shall immediately reimburse Landlord, as Additional Rent, for the amount paid by Landlord plus interest at the rate equal to the lesser of (1) 18% per annum or (2) the greatest per annum rate of interest permitted from time to time under applicable Law. All utility connections and tie-ins to the base building systems by or on behalf of Tenant are jointly metered to be performed by a licensed contractor reasonably approved by Landlord and must be coordinated with other Leased Landlord’s Building Manager. At Tenant’s cost, the contractor shall make all connections (and pay all connection, tap-on or fixture fees or similar fees arising in connection with utilities supplied to Suite 120 of the Premises), furnish any necessary extensions from such point of connection to Suite 120 of the Premises or property as otherwise required, and remove any temporary connections upon completion of the work. The contractor will provide the Building Manager verification that all tie-ins and connections are correct. All connections and tie-ins for electricity required in Suite 120 of the Premises by Tenant shall be connected to the main switch gear for the Building, or such other location as Landlord may otherwise specify. If at any time during the Term, an electric meter or submeter is not operating and separately dedicated to any portion of the Premises (for exampleincluding, exterior lightingbut not limited to, ▇▇▇▇▇ ▇▇▇ of the Premises), Lessor electricity used by Tenant in such portion(s) of the Premises shall make be paid for by Tenant through inclusion in Expenses, or Landlord may charge Tenant directly for a reasonable determination of Lessee's proportionate share portion of the cost of electricity based on (i) the square footage of such services portion(s) of the Premises as a percentage of the total square footage of the tenants in the Building using electricity for their spaces and/or (ii) Landlord’s reasonable estimate of Tenant’s usage of electricity. If Landlord charges Tenant directly for any utility (including, but not limited to, electricity), such charge shall be payable by Tenant to Landlord within 30 days after billing by Landlord, plus Landlord’s reasonable administrative costs. Electricity used by Tenant in the balance of the Premises (other than Suite 120) shall be paid for by Tenant through inclusion in Expenses. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity, overall load, or (with respect to the balance of the Premises other than Suite 120 or if at any time during the Term, an electric meter or submeter is not operating and Lessee separately dedicated to Suite 120 of the Premises) use beyond Building Service Hours, or that which Landlord reasonably deems to be standard for the Building, which at the time of the execution of this Lease is a total of 5.0 ▇▇▇▇▇ per rentable square foot of the Premises (which total amount is comprised of 1.5 ▇▇▇▇▇ per rentable square foot applicable to lighting and 3.5 ▇▇▇▇▇ per rentable square foot applicable to other power services), and such amount shall not be reduced during the Term of this Lease. Landlord shall have the right to measure electrical usage by commonly accepted methods. With respect to the balance of the Premises other than Suite 120 (and if at any time during the Term, an electric meter or submeter is not operating and separately dedicated to Suite 120 of the Premises), if it is determined that Tenant is using excess electricity, Tenant shall pay Landlord for the cost of such share excess electrical usage as Additional Rent. 7.03 Landlord’s failure to Lessor within ten (10) days furnish, or any interruption, diminishment or termination of receipt services due to the application of Laws, the failure of any invoice thereofequipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused by Lessee introducing excessive pollutants However, and notwithstanding the foregoing or solids any other than ordinary human waste into provision of this Lease, if the sanitary sewer systemPremises, including permitsor a material portion of the Premises, fees and charges levied by any governmental subdivision are made untenantable for any such pollutants or solids. Lessee a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the 4th consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee the amount of abatement shall pay all surcharges levied due to Lessee's use be equitably prorated. For purposes of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees this Section 7.03, the term “material portion” shall mean either: (a) at least five percent (5%) of the rentable square feet in the Buildingoperations center within the Premises; or (b) at least twenty-five percent (25%) of the aggregate rentable square feet of the Premises. Except Further, a Service Failure shall expressly exclude any failure in the performance or service of the Generator (as set forth hereindefined in Section 2 of Exhibit F to this Lease). 7.04 Subject to the terms of this Lease, Lessor Tenant will have the right, during the Term of this Lease, at Tenant’s sole cost and expense, to arrange for its own telecommunications services to be brought into the Building and distributed directly to the Premises. Tenant may contract for the provision of telecommunications services with the supplier providing telecommunications services to the Building as of the date of this Lease or with an alternative provider reasonably acceptable to Landlord, provided that in the event Tenant’s telecommunications provider is not the current provider, such telecommunications provider shall, at Landlord’s request, enter into Landlord’s standard license agreement for the intended purpose. Landlord hereby approves Sprint as Tenant’s telecommunications provider. Landlord will make available to Tenant, without additional charge, such riser space sufficient to install two (2), two-inch (2”) conduits running from the basement of the Building to the Premises. Subject to the terms and conditions of this Lease (and any license agreement entered into by Landlord and Tenant’s telecommunications provider, if any) Tenant shall not be required have the right to pay route its conduits through at least two (2) diverse riser shafts for any utility service, supplies or upkeep the purposes of redundancy. All work in connection with the Leased Premises or Building. Utility services for the common areas installation of such conduit, including core drilling, if required, shall be part performed by Tenant at Tenant’s sole cost and expense and in accordance with the terms and conditions of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the this Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reasonincluding, Lessor shall use reasonable diligence to repair same promptlywithout limitation, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromSection 9.03.

Appears in 1 contract

Sources: Office Lease Agreement (Virgin America Inc.)

Building Services. Lessor (a) Landlord shall provide provide, within its Building standards, the normal utility service connections following services and facilities: (i) Heating, ventilating and air conditioning, Monday to Friday from 8:00 A.M. to 6:00 P.M. and Saturday 8:00 A.M. to 1:00 P.M. (hereinafter “Business Hours”), except on holidays observed by the Buildinggovernments of the United States or the State of Delaware (“Holidays”), and further subject to such regulations as the Department of Energy or other local, state or federal agency, board or commission shall adopt from time to time. Lessee shall pay directly Tenant agrees to cooperate fully with Landlord and to abide by all the appropriate supplier rules and regulations which Landlord may reasonably prescribe for the cost proper functioning and protection of all utility services to the Leased Premisesheating, including, but not limited to, any required security deposits ventilating and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security air conditioning systems. If any services are jointly metered with Tenant requires heating, ventilation and air conditioning service at times other Leased Premises or property (for examplethan Business Hours, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share Tenant may obtain after hours HVAC through use of the cost of such services and Lessee override switches in the Premises. After hours HVAC use shall pay such share to Lessor be paid for by Tenant, within ten (10) days of receipt billing, at the standard hourly rate determined from time to time by Landlord. Landlord’s current rate for after hours HVAC (in addition to electric costs, which are billed to Tenant pursuant to Section 4(d)) is $5.00 per hour per heat pump serving the Premises. (ii) Subject to payment of any invoice thereof. Lessee shall pay all costs caused the charges therefor by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer systemTenant, electricity for normal office use, including permitsnormal office equipment, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for in the installation Premises. (iii) Cleaning and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees common areas in the Building, including bathroom facilities. (iv) Continuous passenger elevator service during Business Hours, and service via at least one (1) car at all other times. (v) Janitorial services, including cleaning of the Premises, Monday through Friday (excluding Holidays) in accordance with Landlord’s standard cleaning specifications, which are attached hereto as Exhibit “E”. Except as set forth herein, Lessor Landlord shall not be required to pay furnish cleaning services to any kitchens, lunchrooms or non-Building standard lavatories in the Premises. (vi) Water for lavatory and drinking purposes. Tenant shall reimburse Landlord for all additional cleaning expenses incurred by Landlord, including but not limited to, garbage and trash removal expense over and above the normal cleaning provided by Landlord, due to the presence of a lunchroom or kitchen or food and beverage dispensing machines within the Premises. No food or beverage dispensing machines shall be installed by Tenant in the Premises without the prior written consent of Landlord. (b) Without Landlord’s prior written consent, Tenant shall not install any equipment in the Premises which shall cause the connected electrical load to exceed the electrical capacity provided by Landlord, affect the temperature otherwise maintained by the air- conditioning system or overload any other system servicing the Premises. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof (including Landlord’s 3% construction management fee) shall be paid by Tenant upon Landlord’s demand. (c) The services referred to in Section 12(a) above may be subject to slowdown, interruption or stoppage due to the order of any governmental bodies and regulatory agencies, or caused by the maintenance, repair, replacement or improvement of any of the equipment involved in the furnishing of any such services, or caused by changes of services or service providers, alterations, strikes, lockouts, labor controversies, fuel shortages, accidents, acts of God or the elements or any other cause beyond the reasonable control of Landlord. No such slowdown, interruption or stoppage of any such services shall ever be construed as an eviction, actual or constructive, of Tenant, nor shall same cause any abatement of Base Rent or Additional Rent or in any manner or for any utility servicepurpose relieve Tenant from any of its obligations under this Lease. Landlord agrees to use reasonable diligence to resume the affected service promptly following any such slowdown, supplies interruption or upkeep stoppage. Landlord will provide Tenant, whenever reasonably possible, advance notice of any service slowdowns, interruptions or stoppages. Notwithstanding the foregoing, in connection with the Leased event such interruption of services prevents Tenant from using the Premises or Building. Utility services for the common areas purposes contemplated by this Lease due to reasons within Landlord’s control and continues for a period of five (5) business days after written notice from Tenant without Landlord using commercially reasonable efforts to reinstate services as quickly as possible, the Base Rent and Additional Rent shall ▇▇▇▇▇ pro rata, that is, only for that portion of the Premises in which Tenant’s use and occupancy has been substantially impaired and for the entire period of substantial impairment that continues from and after the sixth (6th) business day of such interruption. (d) If maintenance of the Building’s telecommunication cable system hereafter becomes an obligation of Landlord imposed by law, Landlord, to the extent required by any such law, shall maintain the intra-building network cable in the Building from the point of entry (i.e., the local telephone service provider’s final access point to the Building) to the Premises. In such event the maintenance, repair and replacement of the Building’s telecommunication cable system, including but not limited to the cost of any cable maintenance contract obtained by Landlord, shall be part of the Operating Expenses. Lessee agrees In no event shall Landlord be responsible for the maintenance of the telecommunication cable system serving only the Premises, which shall be maintained, repaired and replaced by Tenant at its expense. Until such time (if ever) that Lessor such obligation is imposed on Landlord by law, the maintenance of the Building’s telecommunication cable system shall be the responsibility of the Building’s telecommunication service provider. (e) Landlord shall have the right from time to time to select the company or companies providing local telephone and telecommunication services to the Building. In the event Tenant desires to use the services of a provider of local telephone and telecommunication services whose equipment is not liable then servicing the Building, no such provider shall be permitted to Lessee in any respect for damages to either person, property install its lines or business on account other equipment within the Building without first securing the prior written consent of any interruption or failure of utilities or services furnished by Lessor Landlord. Landlord shall not unreasonably withhold its consent provided that Lessor uses reasonable diligence to repair each of the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to following conditions is satisfied: (i) any abatement Landlord determines that there is sufficient space in the Building for the placement of rent, such provider’s equipment and materials. (ii) terminate The provider must be licensed and reputable and provide Landlord such financial statements, credit reports and bank references as Landlord may require to evaluate the Lease, or financial ability of the provider. (iii) be relieved from fulfilling any covenant or The provider and Landlord must enter into a license agreement contained herein. Should any malfunction in form and content satisfactory to Landlord, reasonably compensating Landlord for space used in the Building for the storage and maintenance of the improvements provider’s equipment, costs to be incurred by Landlord in arranging for access by the provider’s personnel and any other such costs Landlord may expect to incur. All reasonable costs incurred by Landlord in evaluating any request for access by an alternate telecommunications provider and negotiating a license agreement with such provider shall be paid by Tenant or facilities such provider, upon demand. Landlord’s consent under this subsection shall not be deemed any kind of representation or warranty by Landlord, including without limitation any representation as to the Leased Premises suitability, competence or financial strength of the provider proposed by Tenant. If Landlord consents to installation of equipment in the Building (which by definition do an alternate telecommunications provider as set forth above, such installation shall be subject to all of the requirements of this Lease regarding construction work by or on behalf of Tenant, including but not include any improvements or facilities limited to the requirements of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromSection 10 hereof.

Appears in 1 contract

Sources: Lease Agreement (InterDigital, Inc.)

Building Services. Lessor Landlord shall provide furnish Tenant with the normal utility following services (the costs of which shall be included in Expenses, except for such costs that are separately metered or check metered for the Premises, all of which separately metered or check metered costs shall be paid by Tenant as provided below): (a) reasonable quantities of hot and cold water for use in the Base Building restrooms and reasonable quantities of cold water for use in the Premises; (b) customary heat and air conditioning in season; (c) standard janitorial service connections for the Common Areas nightly on Business Days (it being acknowledged and agreed that Tenant shall be solely responsible for all cleaning and janitorial services for the Premises per Section 9.01 of this Lease); (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the BuildingBuilding for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may from time to time impose, including, without limitation, sign-in procedures and/or presentation of identification cards; (g) maintenance of the exterior areas of the Property, including sweeping, landscaping and snow and ice removal; and (h) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Lessee Landlord warrants and represents that to the best of Landlord’s knowledge all utilities required by this Lease are presently available at the Premises. To the extent that any of the foregoing utility services for the Premises are separately metered, Tenant shall timely pay the separate charges for such services directly to the appropriate supplier applicable utility company. To the cost extent that any of all the foregoing utility services for the Premises (including, without limitation, air handling units or other HVAC equipment serving the Premises) or any other equipment serving the Premises, whether exclusively or in common, is not metered directly by the utility company to the Leased Premises, includingTenant shall pay to Landlord, but not limited toas Additional Rent, any required security deposits and initial connection charge, all charges the costs of such utility service (without mark-up) by a separate charge payable by Tenant to Landlord based on evidence from the check-meters installed for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased the Premises or property (equipment serving the Premises or, for exampleany portion of the Premises or equipment that from time to time does not have operational check-meters, exterior lighting), Lessor based on reasonable allocations prepared by ▇▇▇▇▇▇▇▇’s building engineer for the space and period in question. Tenant shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay estimated monthly payments for any utility servicecharges payable to Landlord hereunder, supplies in advance on the first day of each month or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction partial month of the improvements or facilities Term, based on amounts estimated by Landlord from time to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur time for any reasonsuch utility charges and provided to Tenant in writing, Lessor shall use reasonable diligence subject to repair same promptly, but Lessee will not be entitled to any claim periodic reconciliations based on actual check-meter readings and utility rates for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.the

Appears in 1 contract

Sources: Lease Agreement (Prime Medicine, Inc.)

Building Services. Lessor (a) Landlord shall provide all utilities and services for normal office uses, including hot and cold water, a tenant directory, electricity for normal office equipment, central heating and air conditioning, gas, elevators, sewer service, replacement of light bulbs in the normal utility Leased Premises and Common Areas, trash removal service, janitorial service connections to (including daily cleaning service and periodic window cleaning), landscaping and such other services and utilities as are customarily provided by landlords in medical buildings in the locality of the Building. Lessee The parties specifically agree that Tenant will be operating radiation oncology, and radiation oncology related, equipment on the premises, and such use shall pay directly be considered to be “normal office use.” Landlord shall furnish central heating and air conditioning in season (on business days from 7:00 a.m. to 7:00 p.m.) at temperatures and in amounts as are generally provided in medical buildings in the locality of the Building or in compliance with governmental regulations, whichever is greater. Service for central heating and air conditioning at times other than as above provided shall be furnished upon not less than twenty-four (24) hours advance notice from Tenant, and Landlord shall be entitled to charge Tenant the cost incurred by Landlord in providing such overtime service, including reasonable charges for overhead and supervision in connection therewith, and if more than one tenant has requested or is furnished such overtime service for all or some of the same hours, the charge therefor will be prorated, based upon the number of tenants requesting and/or availing themselves of said overtime service concurrently. Landlord shall also provide routine maintenance, painting and electric lighting service for all public areas and special service areas of the Property in the manner and to the appropriate supplier the cost of all utility services extent generally provided in medical office buildings comparable to the Leased PremisesBuilding in the locality where the Building is located. Landlord may, includingin its sole discretion, provide additional services not enumerated herein. (b) If and so long as an interruption of a service or utility not due to a fire or other casualty or any act, neglect, fault or omission of any duty by Tenant, its agents, servants, employees or invitees, continues and shall interfere with the conduct of Tenant’s business for more than five (5) business days after notice of such interruption shall have been given to Landlord, the base rent to be paid hereunder shall be abated, to such an extent as is fair and reasonable under the circumstances, based on the degree of interference, from the date of such interruption until such service or utility shall be restored, and if such an interruption of a service or utility shall be so complete as to significantly interfere with the conduct of Tenant’s business therefrom for more than one (1) month after Landlord first receives notice of such interruption, then Tenant shall have the right to terminate this Lease by giving written notice thereof to Landlord at any time thereafter before such service or utility is restored. Such termination shall be effective as of the date which Tenant shall specify in said notice, but not limited tomore than sixty (60) days after the date upon which said notice of termination is given. (c) In addition to the right to ▇▇▇▇▇ rent as set forth above, any required security deposits and initial connection chargeif such interruption continues for more than five (5) days after notice of such interruption has been given to Landlord, all charges Tenant shall have the right, after giving Landlord notice thereof, to attempt to repair the interruption, without liability to Landlord (except for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lightingTenant’s negligence), Lessor shall make a and Tenant may offset against rent due under this Lease the reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromrepairs.

Appears in 1 contract

Sources: Office Lease (Interhealth Facility Transport, Inc.)

Building Services. Lessor 16.1 Landlord shall provide maintain and repair the normal utility service connections heating, air conditioning and ventilation system (the "HVAC System") serving the Office Premises to distribute heating, ventilation and air conditioning to the BuildingOffice Premises. Lessee The HVAC System shall pay directly be equipped with controls operable by Tenant and metered to register Tenant's electrical consumption which shall be paid by Tenant. Tenant shall keep unobstructed all vents, intakes, outlets and grilles of the HVAC System and shall comply and observe all regulations and requirements reasonably prescribed by Landlord for the proper functioning of such systems. The rearrangement of partitioning which interferes with normal operation of the HVAC System, may require changes in the heating, ventilating and/or air-conditioning systems servicing the Premises in order to provide comfortable occupancy. Such changes shall be made at Tenant's expense as Alterations in accordance with the provisions of Article 10, subject to all provisions set forth in that Article. Nothing in this Lease shall be deemed to require Landlord to operate, maintain or repair, at Landlord's expense, any supplementary or accessory HVAC system which is not a part of the central HVAC System. 16.2 Landlord shall furnish hot and cold water to the appropriate supplier Office Premises 24 hours per day, 365 days per year for ordinary lavatory, drinking, and office cleaning purposes. 16.3 All services other than as provided pursuant to Section 16.1 or 16.2 to be provided to, or which shall be necessary for the cost of all utility services to conduct of, Tenant's operations within the Leased Premises, including, but not limited to, any required security deposits without limitation and initial connection charge, all charges for gaspurposes of illustration, electricity, gas, telephone, janitorial, cleaning, security and any other utility or service which Tenant shall deem necessary or desirable, shall be separately arranged, maintained and paid for by Tenant. Tenant's utilities shall be separately metered, where possible, and all costs of any utilities not separately metered shall be Additional Rent. Landlord shall not provide cleaning services to any portion of the Premises. Tenant, at its sole cost and expense, shall cause the Premises to be kept clean and in a good and orderly condition as befits similar buildings in ▇▇▇▇▇▇ County. In the event Tenant shall employ a contractor to provide any services to the Premises, such contractor (and any subcontractors) shall agree to employ only such labor as will not result in jurisdictional disputes or strikes. Tenant shall inform Landlord of the names of any contractor or subcontractor Tenant proposes to use in the Premises at least fifteen (15) days prior to the beginning of work by such contractor or subcontractors. 16.4 Landlord reserves the right to stop or interrupt any of the services required to be provided under this Lease, and the use of any Building Systems or other facilities, at such times as shall be required by reason of accidents, strikes, making of necessary repairs, alterations or improvements, inability to secure a proper supply of fuel, gas, steam, water, sanitary and storm sewer service and security systemselectricity, labor or supplies, or any other similar or dissimilar causes whatsoever beyond Landlord's reasonable control. If In any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are case in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No which such interruption or failure may be construed as an eviction occurs for a period of Lessee or entitle Lessee to more than five (i5) any abatement of rentdays, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor Tenant shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or an abatement of rent or damages on account from the date of such malfunction interruption until the date that the services have been restored. 16.5 If Tenant desires extra services or of any interruptions in service occasioned thereby overtime services, Landlord will directly charge Tenant for such extra or resulting therefromovertime services and exclude those charges from Expenses.

Appears in 1 contract

Sources: Lease Agreement (Nexmed Inc)

Building Services. Lessor During the Term, Landlord shall provide (a) water at those points of supply provided for general use of other Tenants in the normal utility Building and electricity for use in the Premises, (b) central heating and air conditioning in season, and at temperatures and in amounts as are common for bank offices in San Rafael, California or in compliance with any governmental regulations, such service connections at times other than regular hours to be furnished upon not less than twenty-four (24) hours advance notice from Tenant, who shall bear the entire cost thereof at the rate established by Landlord, (c) self-operated passenger elevator service, if applicable, and (d) janitorial service for the Building and Common Areas which shall only include, however, the sweeping and cleaning of floors, the cleaning of lavatories and toilets located in Common Areas, the washing of exterior windows, the dusting of light fixtures and air grills, and the disposal of trash from the Building and Common Areas, but shall not include janitorial service to the BuildingPremises. Lessee shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee Tenant shall pay all costs caused telephone and telecommunications charges and shall provide all services not enumerated in this Section. Landlord may, in its sole discretion, provide additional services not enumerated herein. Failure by Lessee introducing excessive pollutants Landlord to any extent to provide these defined services or solids any other than ordinary human waste into the sanitary sewer systemservices not enumerated, including permitsor any cessation thereof, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not render Landlord liable to Lessee in any respect for damages to either personperson or property, property be construed as an eviction of Tenant, work an abatement of rent or business on account relieve Tenant from fulfillment of any interruption covenant in this Lease. If any of the equipment or failure machinery useful or necessary for provision of utilities utility services, and for which Landlord is responsible, breaks down, or services furnished by Lessor provided that Lessor uses for any cause ceases to function properly, Landlord shall use reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any Tenant shall have no claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions interruption in service occasioned thereby or resulting therefromfrom the repairs. Landlord reserves the right from time to time to make changes in the utilities and services provided by Landlord to the Property. Tenant shall pay all telephone charges and all utilities which are separately metered to the Premises.

Appears in 1 contract

Sources: Lease Agreement (Circle Bancorp)

Building Services. Lessor a. Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m. (except on Saturdays only from 9:00 a.m. to 1:00 p.m.), furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation at an occupancy of not more than one person per 150 square feet of Usable Floor Area and an electrical load not exceeding 3.0 watt▇ ▇▇▇ square foot of Usable Floor Area. If Tenant shall provide require air conditioning, heating or ventilation outside the normal utility hours and days above specified, Landlord shall furnish such service connections to the Building. Lessee and Tenant shall pay directly therefor such charges as may from time to time be in effect. In the appropriate supplier event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system's ability to perform adequately its proper functions, supplementary systems may, if and as needed, at Landlord's option, be provided by Landlord, at Tenant's expense. b. Landlord shall also provide: i. Hot water for lavatory purposes and cold water (at temperatures supplied by the City of Quincy) for drinking, lavatory and toilet purposes. If Tenant uses water for any purpose other than for ordinary lavatory and drinking purposes, Landlord may asses a reasonable charge for the additional water so used, or install a water meter and thereby measure Tenant's water consumption for all purposes. In the latter event, Landlord shall pay the cost of all utility the meter and the cost of installation thereof and shall keep such meter and installation equipment in good working order and repair. Tenant agrees to pay for water consumed, as shown on such meter, together with the sewer charge based on such meter changes, as and when bills are rendered, and in default in making such payment Landlord may pay such charges and collect the same from Tenant as an additional charge. All piping and other equipment and facilities required for use of water outside the Building core will be installed and maintained by Landlord at Tenant's sole cost and expense. ii. Cleaning and janitorial services to the Leased Premises, includingprovided the same are kept in order by Tenant, but not limited to, any required security deposits in accordance with the cleaning standards set forth in Schedule CS attached hereto. iii. Passenger elevator service from the existing passenger elevator system in common with Landlord and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share tenants of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.

Appears in 1 contract

Sources: Lease Agreement (Atlantic Data Services Inc)

Building Services. Lessor As long as Tenant is not in monetary default under this Lease, Landlord agrees to furnish or cause to be furnished to the Premises the following utilities and services, subject to the conditions and standards set forth herein: (A) Non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and other tenants and occupants and their agents and invitees. (B) During Business Hours, as defined in Section 1.11 of this Lease, such air conditioning, heating and ventilation as, in Landlord’s reasonable judgment, are required for the comfortable use and occupancy of the Premises. Landlord may make available to Tenant heating, ventilation or air conditioning in excess of that which Landlord shall be required to provide hereunder. If Tenant needs HVAC during non-Business Hours, Tenant shall provide the normal utility service connections no less than forty-eight (48) hours’ prior notice to the Building. Lessee shall Landlord and pay directly to the appropriate supplier as additional rent the cost of all utility services afterhour HVAC at the Building’s prevailing rates, subject to change. Said Landlord’s fee for any such additional HVAC provided to Tenant, will be separate from and in addition to the Leased PremisesTax and Operating Expenses Adjustment provided in Article IV. (C) Water for rest room purposes. (D) Reasonable janitorial and cleaning services, including, but not limited to, any required security deposits provided that the Premises are used exclusively for office purposes and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systemsare kept reasonably in order by Tenant. If the Premises are not used exclusively as offices, Landlord, at Landlord’s sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant’s expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant shall pay to Landlord the cost of removal of Tenant’s refuse and rubbish, to the extent that the same exceeds the refuse and rubbish attendant to normal office usage. (E) At all reasonable times, electric current of not less than 3.5 w▇▇▇▇ per square foot for building standard lighting and fractional horsepower office machines; provided, however, that (i) without Landlord’s consent, Tenant shall not install, or permit the installation, in the Premises of any services are jointly metered with computers, word processors, electronic data processing equipment or other Leased Premises type of equipment or property machines which will increase Tenant’s use of electric current in excess of that which Landlord is obligated to provide hereunder (for exampleprovided, exterior lightinghowever, that the foregoing shall not preclude the use of personal computers or similar office equipment); (ii) if Tenant shall require electric current which may disrupt the provision of electrical service to other tenants, Lessor shall make a reasonable determination of Lessee's proportionate share Landlord may refuse to grant its consent or may condition its consent upon Tenant’s payment of the cost of installing and providing any additional facilities required to furnish such services excess power to the Premises and Lessee upon the installation in the Premises of electric current meters to measure the amount of electric current consumed, in which latter event Tenant shall pay for the cost of such share meter(s) and the cost of installation, maintenance and repair thereof, as well as for all excess electric current consumed at the rates charged by the applicable local public utility, plus a reasonable amount to Lessor within ten cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (10iii) days of receipt of if Tenant’s increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord’s consent may be conditioned upon Tenant’s requirement to pay such amounts as will be incurred by Landlord to install and operate any invoice thereof. Lessee shall pay all costs caused machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer systemLandlord, including permitsbut not limited to the cost of modifications to the air conditioning system. Landlord shall not, fees and charges levied by in any governmental subdivision way, be liable or responsible to Tenant for any such pollutants loss or solidsdamage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord’s reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's Tenant covenants that at all times its use of electric current shall never exceed the sanitary sewer system. If capacity of the Leased Premises are in a multi- occupancy Buildingfeeders, Lessee shall pay all surcharges levied due to Lessee's use risers or electrical installations of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall If submetering of electricity in the Building will not be permitted under future laws or regulations, the Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the cost to Landlord for furnishing electricity to Tenant in the Premises. Any amounts which Tenant is required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas to Landlord pursuant to this Section 7.01 shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished payable upon demand by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of Landlord and shall constitute additional rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.

Appears in 1 contract

Sources: Office Lease (Barfresh Food Group Inc.)

Building Services. Lessor (a) Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m. (and, if requested by Tenant before noon on the preceding Friday, on Saturday from 8:00 a.m. to 1:00 p.m.) at no additional cost to Tenant, furnish heating and cooling as normal seasonal changes may require. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system’s ability to perform adequately its proper functions, supplementary systems may, if and as needed, at Landlord’s option, be provided by Landlord, at Tenant’s expense. Landlord will use reasonable efforts upon reasonable advance written notice from Tenant of its requirements in that regard, to furnish additional heat, cleaning or air conditioning services to the Premises on days and at times other than as set forth in Section 7.4(a) (“the Overtime Hours”). Tenant will pay to Landlord, as Additional Rent, for any such additional heat, cleaning or air conditioning service required by Tenant for the Overtime Hours. As of the date of this Lease, the rate for overtime HVAC services is Forty Dollars ($40.00) per hour per zone, which is subject to adjustment from time to time. As currently configured, the Building HVAC system serving the Premises is as described on Exhibit HVAC attached hereto. (b) Landlord shall also provide: (i) Passenger elevator service from the existing passenger elevator system in common with Landlord and other tenants in the Building. (ii) Warm water for lavatory and (if applicable) kitchenette purposes and cold water (at temperatures supplied by the City of Boston) for drinking, kitchenette, lavatory and toilet purposes. If Tenant uses water for any purpose other than for ordinary lavatory and drinking purposes, Landlord may assess a reasonable charge for the additional water so used, or install a water meter and thereby measure Tenant’s water consumption for all purposes. In the latter event, Tenant shall pay the cost of the meter and the cost of installation thereof and shall keep such meter and installation equipment in good working order and repair. Tenant agrees to pay for water consumed, as shown on such meter, together with the sewer charge based on such meter charges, as and when bills are rendered, and in default in making such payment Landlord may pay such charges and collect the same from Tenant as an additional charge. (iii) Reasonable level of janitorial service nightly on Business Days in accordance with the standards annexed hereto as Exhibit D. (iv) Free access to the Premises on Business Days from 8:00 a.m. to 6:00 p.m., and at all other times subject to reasonable Building security procedures from time to time in effect, and subject always to restrictions based on emergency conditions. (v) Tenant will have 24-hour access to the Building loading dock facilities and freight elevator for Tenant’s initial move-in, subject to prior delivery of all insurance certificates required under this Lease (from Tenant and any movers or installers or other contractors). Landlord will not impose any charge for the use of the freight elevator for Tenant’s initial move-in. All of the foregoing is subject to prior scheduling with Landlord’s Agent and availability. (c) Landlord or Agent may from time to time, but shall not be obligated to, provide one or more uniformed attendants in or about the normal utility service connections to lobby of the Building. Lessee Unless Landlord expressly agrees otherwise in writing, such attendant(s) shall pay directly to serve functions such as assisting visitors and invitees of tenants and others in the appropriate supplier the cost of all utility Building, monitoring fire control and alarm equipment, and summoning emergency services to the Leased PremisesBuilding as and when needed. Tenant expressly acknowledges and agrees that: (i) such attendants shall not serve as police officers, includingand will be unarmed, but and will not limited tobe trained in situations involving potentially physical confrontation; and (ii) if provided, such attendants will be provided solely as an amenity to tenants of the Building for the sole purposes set forth above, and not for the purpose of securing any required security deposits and initial connection chargeindividual tenant premises or guaranteeing the physical safety of Tenant’s Premises or of Tenant’s employees, all charges for gasagents, electricity, telephone, water, sanitary and storm sewer service and security systemscontractors or invitees. If any services are jointly metered with other Leased and to the extent that Tenant desires to provide security for the Premises or property (for examplesuch persons or their property, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Tenant shall be responsible for so doing, after having first consulted with Landlord and (as to any installation or equipment by Tenant that is connected to or otherwise affects the installation Building systems or equipment) after obtaining Landlord’s consent, which shall not be unreasonably withheld, delayed or conditioned. Landlord expressly disclaims any and maintenance all responsibility and/or liability for the physical safety of Tenant’s property, and for that of Tenant’s employees, agents, contractors and invitees, and, without in any way limiting the operation of Article X hereof, Tenant, for itself and its agents, contractors, invitees and employees, hereby expressly waives any claim, action, cause of action or other right which may accrue or arise as a result of any dilution tanksdamage or injury to the person or property of Tenant or any such agent, holding tanksinvitee, settling tankscontractor or employee. Tenant agrees that, sewer sampling devicesas between Landlord and Tenant, sand trapsit is Tenant’s responsibility to advise its employees, grease traps agents, contractors and invitees as to necessary and appropriate safety precautions. (f) Notwithstanding anything to the contrary in this Article 7 or similar devices in this Lease contained, Landlord may institute, and Tenant shall comply with, such policies, programs and measures as may be required by any governmental subdivision reasonably necessary, required, or expedient for Lessee's use the conservation and/or preservation of energy or energy services to the sanitary sewer system. If the Leased Premises are in a multi- occupancy BuildingPremises, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor may be reasonably necessary or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility servicecomply with applicable codes, supplies rules regulations or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromstandards.

Appears in 1 contract

Sources: Lease (Cerevel Therapeutics Holdings, Inc.)

Building Services. Lessor shall provide the normal utility service connections As long as Tenant is not in monetary default under this Lease, Landlord agrees to furnish or cause to be furnished to the BuildingPremises the following utilities and services, subject to the conditions and standards set forth herein: (A) Non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and other tenants and occupants and their agents and invitees. (B) During Business Hours, such air conditioning, heating and ventilation as, in Landlord's reasonable judgment, are required for the comfortable use and occupancy of the Premises. Lessee Landlord may make available to Tenant heating, ventilation or air conditioning in excess of that which Landlord shall be required to provide hereunder upon such conditions as shall be determined by Landlord from time to time. Landlord's fee for any such additional heating, ventilation or air conditioning provided to Tenant, to be set by Landlord from time to time, will be separate from and in addition to the Tax and Operating Expenses Adjustment provide in Article IV. (see Addendum 1) (C) Water for drinking and rest room purposes. (D) Reasonable janitorial and cleaning services, provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant. If the Premises are not used exclusively as offices, Landlord, at Landlord's sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant's expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant shall pay directly to the appropriate supplier Landlord the cost of all utility services removal of Tenant's refuse and rubbish, to the Leased Premisesextent that the same exceeds the refuse and rubbish attendant to normal office usage. (E) At all reasonable times, includingelectric current of not less than 3.5 ▇▇▇▇▇ per square foot for building standard lighting and fractional horsepower office machines; provided, but however, that (i) without Landlord's consent, Tenant shall not limited toinstall, or permit the installation, in the Premises of any required security deposits and initial connection chargecomputers, all charges for gasword processors, electricityelectronic data processing equipment or other type of equipment or machines which will increase Tenant's use of electric current in excess of that which Landlord is obligated to provide hereunder (provided, telephonehowever, waterthat the foregoing shall not preclude the use of personal computers or similar office equipment); (ii) if Tenant shall require electric current which may disrupt the provision of electrical service to other tenants, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises Landlord may refuse to grant its consent or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lesseemay condition its consent upon Tenant's proportionate share payment of the cost of installing and providing any additional facilities required to furnish such services excess power to the Premises and Lessee upon the installation in the Premises of electric current meters to measure the amount of electric current consumed, in which latter event Tenant shall pay for the cost of such share meter(s) and the cost of installation, maintenance and repair thereof, as well as for all excess electric current consumed at the rates charged by the applicable local public utility, plus a reasonable amount to Lessor within ten cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (10iii) days of receipt of if Tenant's increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord's consent may be conditioned upon Tenant's requirement to pay such amounts as will be incurred by Landlord to install and operate any invoice thereof. Lessee shall pay all costs caused machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer systemLandlord, including permitsbut not limited to the cost of modifications to the air conditioning system. Landlord shall not, fees and charges levied by in any governmental subdivision way, be liable or responsible to Tenant for any such pollutants loss or solidsdamage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord's reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's Tenant covenants that at all times its use of electric current shall never exceed the sanitary sewer system. If capacity of the Leased Premises are in a multi- occupancy Buildingfeeders, Lessee shall pay all surcharges levied due to Lessee's use risers or electrical installations of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall If submetering of electricity in the Building will not be permitted under future laws or regulations, the Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the cost to Landlord for furnishing electricity to Tenant in the Premises. Any amounts which Tenant is required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas to Landlord pursuant to this Section 7.01 shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished payable upon demand by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of Landlord and shall constitute additional rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.

Appears in 1 contract

Sources: Office Lease (Deja Foods Inc)

Building Services. Lessor (a) Landlord shall provide provide, within its Building standards, the following services and facilities: (1) Heating, ventilating and air conditioning, seven (7) days per week, twenty-four (24) hours per day, except on holidays observed by the governments of the United States or the Commonwealth of Pennsylvania (Holidays). Tenant agrees to cooperate fully with Landlord and to abide by all the rules and regulations which Landlord may reasonably prescribe for the proper functioning and protection of the heating, ventilating and air conditioning systems. If Tenant requires heating, ventilation and air conditioning service on Holidays, Landlord shall supply the same upon reasonable prior notice, to be paid for by Tenant, within thirty (30) days of billing, at a rate to be determined from time to time by Landlord. (2) Subject to payment of the charges therefor by Tenant, electricity f or normal utility service connections to office use, including normal office equipment and lighting, in the Premises (4 ▇▇▇▇▇ per rentable square foot per day is deemed normal office use). (3) Cleaning and maintenance of common areas in the Building, including bathroom facilities. (4) Continuous passenger elevator service via at least one (1) car at all times, including Holidays; freight elevator service from 8:00 A.M. to 4:00 P.M., Monday through Friday, except Holidays. (5) Janitorial services, including cleaning of Premises, in accordance with Landlord's Building Standard schedule. Lessee Landlord shall pay directly not be required to the appropriate supplier the cost of all utility furnish cleaning services to any kitchens, lunchrooms or non- Building standard lavatories in the Leased PremisesPremises (other than cleaning of floors and surfaces). (6) Water for lavatory and drinking purposes. Tenant shall reimburse Landlord for all additional cleaning expenses incurred by Landlord, including, including but not limited to, any required security deposits garbage and initial connection chargetrash removal expense over and above the normal cleaning provided by Landlord, all charges for gas, electricity, telephone, water, sanitary due to the presence of a lunchroom or kitchen or food and storm sewer service and security systemsbeverage dispensing machines within the Premises. If any services are jointly metered with other Leased Premises No food or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee beverage dispensing machines shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required installed by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees Tenant in the Building. Except Premises without the prior written consent of Landlord. (b) Without Landlord's prior written consent Tenant shall not install any equipment in the Premises which shall cause the connected electrical load to exceed the electrical capacity provided by Landlord as set forth hereinabove, Lessor shall not be affect the temperature otherwise maintained by the air-conditioning system or overload any other system servicing the Premises. Should Landlord grant such consent, all additional risers or other equipment required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas therefor shall be part of Operating Expenses. Lessee agrees provided by Landlord and the cost thereof (including Landlord's construction management fee) shall be paid by Tenant upon Landlord's demand. (c) Landlord does not warrant that Lessor is not liable the services provided for in Section 12(a) above shall be free from any slowdown, interruption or stoppage due to Lessee in any respect for damages to either person, property or business on account the order of any interruption governmental bodies and regulatory agencies, or failure caused by the maintenance, repair, replacement or improvement of utilities any of the equipment involved in the furnishing of any such services, or services furnished caused by Lessor provided that Lessor uses changes of services, alterations, strikes, lockouts, labor controversies, fuel shortages, accidents, acts of God or the elements or any other cause beyond the reasonable diligence to repair the same promptlycontrol of Landlord. No such slowdown, interruption or failure may stoppage of any such services shall ever be construed as an eviction eviction, actual or constructive, of Lessee or entitle Lessee to (i) Tenant, nor shall same cause any abatement of rent, Base Rent or Additional Rent or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease unless Tenant is unable to use the Premises for the regular conduct of its business for more than five (ii5) terminate the consecutive business days. For purposes of this Lease, the term "business days" shall mean Monday through Friday, inclusive, except Holidays. In such event and provided (1) Tenant or any of its employees, agents or contractors did not cause the interruption and (iii2) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction Tenant provided Landlord with prompt notice of the improvements service interruption, Base Rent and Additional Rent shall be abated on a daily basis until occupancy is restored. Landlord agrees to use best efforts to resume the service upon any such slowdown, interruption or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reasonstoppage. Landlord will provide Tenant, Lessor shall use reasonable diligence to repair same promptlywherever possible, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or advance notice of any service slowdowns, interruptions in service occasioned thereby or resulting therefromstoppages.

Appears in 1 contract

Sources: Office Lease (Cdnow N2k Inc)

Building Services. Lessor (a) Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m., and on Saturdays from 9:00 a.m. to l:00 p.m., furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation at an occupancy of not more than one person per 250 square feet of Premises Rentable Area and an electrical load not exceeding five (5) ▇▇▇▇▇ per square foot of Premises Rentable Area. If Tenant shall require air conditioning, heating or ventilation outside the hours and days above specified, Landlord may furnish such service and Tenant shall pay therefor such charges as may from time to time be in effect In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system’s ability to perform adequately its proper functions, supplementary systems may, if and as needed, at Landlord’s option, be provided by Landlord, at Tenant’s expense. (b) Landlord shall also provide: (i) Passenger elevator service from the existing passenger elevator system in common with Landlord and other tenants in the Building. (ii) Warm water for lavatory purposes and cold water (at temperatures supplied by the City of Boston) for drinking, lavatory and toilet purposes. If Tenant uses water for any purpose other than for ordinary lavatory and drinking purposes, Landlord may assess a reasonable charge for the additional water so used, or install a water meter and thereby measure Tenant’s water consumption for all purposes. In the latter event, Tenant shall pay the cost of the meter and the cost of installation thereof and shall keep such meter and installation equipment in good working order and repair. Tenant agrees to pay for water consumed, as shown on such meter, together with the sewer charge based on such meter charges, as and when bills are rendered, and in default in making such payment Landlord may pay such charges and collect the same from Tenant as an additional charge. (iii) Janitorial service, including ordinary dusting and cleaning by the janitor assigned to such work, but not including cleaning of carpets or rugs, except normal vacuuming, or moving of furniture, and other special services. Window cleaning shall be done by Landlord at reasonable intervals and as Landlord deems necessary. (iv) Free access to the Premises on Business Days from 8:00 a.m. to 6:00 p.m., and at all other times subject to security precautions from time to time in effect, and subject always to restrictions based on emergency conditions. (c) Landlord or Agent may from time to time, but shall not be obligated to, provide one or more uniformed attendants in or about the normal utility service connections to lobby of the Building. Lessee Unless Landlord expressly agrees otherwise in writing, such attendant(s) shall pay directly to serve functions such as assisting visitors and invitees of tenants and others in the appropriate supplier the cost of all utility Building, monitoring fire control and alarm equipment, and summoning emergency services to the Leased PremisesBuilding as and when needed. Tenant expressly acknowledges and agrees that: (i) such attendants shall not serve as police officers, includingand will be unarmed, but and will not limited tobe trained in situations involving potentially physical confrontation; and (ii) if provided, such attendants will be provided solely as an amenity to tenants of the Building for the sole purposes set forth above, and not for the purpose of securing any required security deposits and initial connection chargeindividual tenant premises or guaranteeing the physical safety of Tenant’s Premises or of Tenant’s employees, all charges for gasagents, electricity, telephone, water, sanitary and storm sewer service and security systemscontractors or invitees. If any services are jointly metered with other Leased and to the extent that Tenant desires to provide security for the Premises or property (for examplesuch persons or their property, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Tenant shall be responsible for the installation so doing, after having first consulted with Landlord and maintenance of any dilution tanksafter obtaining ▇▇▇▇▇▇▇▇’s consent, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor which shall not be required to pay for unreasonably withheld. Landlord expressly disclaims any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services and all responsibility and/or liability for the common areas shall be part physical safety of Operating Expenses. Lessee agrees Tenant’s property, and for that Lessor is not liable to Lessee of Tenant’s employees, agents, contractors and invitees, and, without in any respect way limiting the operation of Article X hereof; Tenant, for damages to either personitself and its agents, property contractors, invitees and employees, hereby expressly waives any claim, action, cause of action or business on account other right which may accrue or arise as a result of any interruption damage or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities injury to the Leased Premises person or Building (which by definition do not include property of Tenant or any improvements such agent, invitee, contractor or facilities of Lessee above Building standard improvements) occur for any reasonemployee. ▇▇▇▇▇▇ agrees that, Lessor shall use reasonable diligence as between Landlord and Tenant, it is ▇▇▇▇▇▇’s responsibility to repair same promptlyadvise its employees, but Lessee will not be entitled agents, contractors and invitees as to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromnecessary and appropriate safety precautions.

Appears in 1 contract

Sources: Assignment and Assumption

Building Services. Lessor Landlord shall provide the normal utility service connections to the Buildingbuilding of which the Premises are a part. Lessee Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premisesservices, including, but not limited to, any required security deposits and initial connection chargecharges, all charges for gas, electricity, telephone, water, sanitary and storm sewer service service, and security systemsfor all electric lights. If any services are jointly metered with other Leased Premises or property (for exampleHowever, exterior lighting)in a multi-occupancy building, Lessor shall make a reasonable determination of Lessee's proportionate Landlord may provide water to the Premises, in which case ▇▇▇▇▇▇ agrees to pay to Landlord its pro-rata share of the cost of such water. Landlord may provide utility services and Lessee to provide such services, Landlord shall pay such share to Lessor within ten (10) days only charge, on a pro rata basis, amounts for utility services as charged Landlord by utility companies servicing the building or project of receipt of any invoice thereofwhich the Premises are a part. Lessee Tenant shall pay all costs caused by Lessee Tenant introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Tenant shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for LesseeTenant's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Buildingbuilding, Lessee Tenant shall pay all surcharges levied due to LesseeTenant's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor Landlord or other Lessees tenants in the Buildingbuilding of which the Premises are a part. Except as set forth herein, Lessor Landlord shall not be required to pay for any utility serviceservices, supplies or upkeep in connection with the Leased Premises or Buildingthe building or project of which the Premises are a part. Utility In the event Landlord fails to provide services to tenant as required by this section for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee a continuous period in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.excess of

Appears in 1 contract

Sources: Industrial Tenancy Agreement

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours, although Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord; (c) standard janitorial service on Business Days; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant either: (a) through inclusion in Expenses (except as provided for excess usage); (b) by a separate charge payable by Tenant to Landlord; or (c) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant’s use of electrical service connections shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Lessee Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges Landlord Additional Rent for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereofequipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused by Lessee introducing excessive pollutants However, if the Premises, or solids other than ordinary human waste into a material portion of the sanitary sewer systemPremises, including permitsare made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the 4th consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 1 contract

Sources: Office Lease Agreement (Audiocodes LTD)

Building Services. Lessor (a) Subject to the Rules and Regulations, Landlord agrees to furnish to the Premises (i) HVAC and lighting service during Building Standard Business Hours as set forth in Subsection 1(m) above, (ii) elevator service and electric current, and water for lavatory and drinking purposes on a 24-hours per day, 7-day per week basis, all in such reasonable quantities, in the good faith judgment of Landlord, but in no event less than that supplied by owners of Comparable Buildings for general office use, and (iii) water for laboratory purposes on a 24-hours per day, 7-day per week basis in quantities consistent with the Tenant’s Proportionate Share of the Building’s supply capacity; provided, that if such water usage exceeds that which has been used by office tenants historically on a pro rata basis in the Building from 2013 to June 2017, the Landlord and Tenant shall meet and confer in good faith to determine how to measure and quantify such excess use. Landlord shall provide janitorial services in accordance with Exhibit K attached hereto; provided, Tenant acknowledges and agrees that neither Landlord nor its janitorial contractor shall be obligated to provide any janitorial services to any laboratory or research and development space other than the normal utility service connections removal of trash and recycling, and, at Tenant’s cost, strip and wax the floors on a quarterly basis. Without limiting the foregoing, Tenant expressly acknowledges and agrees that neither Landlord nor its janitorial contractor shall be obligated to Handle any of Tenant’s Hazardous Materials (including, without limitation, any Biohazardous Materials in the Premises. Notwithstanding the foregoing, Landlord agrees that its janitorial contractor shall remove and dispose of trash (which in no event shall include needles or other “sharps”) labeled “Biohazard Autoclave” that has been properly and lawfully treated and disposed of in legally required biohazardous disposal bags so long as the such disposal bags are lawfully able to be removed and disposed of with ordinary trash and refuse without any further treatment or handling. If it is determined that such bags cannot be removed and disposed of with ordinary trash and refuse without further treatment or handling, then Tenant shall be solely responsible for the removal and disposal thereof. Notwithstanding the foregoing or anything to the Buildingcontrary contained in the Lease, Tenant shall be and remain the “generator” of all such Biohazardous Materials. Lessee Further, Landlord may impose a reasonable additional charge for the usage of any additional or unusual janitorial services required because of any unusual tenant improvements in the Premises, the carelessness of Tenant, the unusual nature of Tenant’s business, or the removal of any refuse and rubbish from the Premises other than discarded materials placed in waste paper baskets and left for emptying as incidental to Tenant’s normal cleaning of the Premises. Tenant shall comply with all Rules and Regulations which Landlord may reasonably establish for the proper functioning and protection of the air conditioning, heating, elevator and plumbing systems. (b) Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than standard office equipment, or lighting other than Building standard lights in the Premises, which may materially affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Subclause (a) above. If Tenant uses water, heat or air conditioning in excess of that supplied by Landlord pursuant to Subclause (a), or if Tenant uses electricity in excess of that typically used by office tenants of Comparable Buildings, then, as reasonably determined by Landlord, or if Tenant causes back-up or emergency generator use, then Tenant shall pay directly to Landlord, upon billing, the appropriate supplier actual cost of such excess consumption, the cost of all the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility services company furnishing the same, including the cost of installing, testing and maintaining of such additional metering devices. Notwithstanding anything contained in this Lease to the Leased Premisescontrary, unless such installation is at the request of Tenant, prior to the installation of any additional equipment or metering system by Landlord, Landlord shall provide Tenant with reasonably detailed evidence of Tenant’s excessive utility or service consumption and a period of thirty (30) days to verify and, if applicable, remedy such excessive utility or service consumption. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Building or the risers or wiring installation without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning outside of the Building Standard Business Hours set forth in Section 1.1(m) above, then Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as set forth in Section 1.1(n) above, which shall be subject to adjustment from time-to-time based on inflationary factors, including, but not limited to, utility rates, union labor rates for building engineers, and other maintenance costs directly associated with these services. Tenant shall separately submeter the electricity and gas supplied to the supplemental heating, ventilation and air conditioning systems (the “Supplemental HVAC System”) which are contemplated to be installed by Tenant and set forth in the Work Letter together with the electricity supplied to the Building’s chilled water system to chill the water for the Supplemental HVAC System. Tenant shall directly reimburse Landlord for the cost of the electricity and gas so consumed as shown on such submeters; provided, that Landlord shall credit Tenant [***] per month against such amounts (the “Supplemental HVAC Credit”) throughout the Term, adjusted annually to reflect change(s) in electrical costs. Tenant shall supply the Supplemental HVAC System with chilled water at Tenant’s sole cost and expense. (c) Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any required security deposits service (including telephone and initial connection chargetelecommunication services), all charges or for gasany diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by breakage, repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, telephonegas, water, sanitary or other fuel at the Building after reasonable effort to do so, by any riot or other dangerous condition, emergency, accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control (an “Interruption Beyond Landlord’s Control”); and storm sewer service such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant’s use and security systems. If any services are jointly metered with other Leased possession of the Premises or property (for examplerelieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, exterior lighting)if the Premises, Lessor shall make or a reasonable determination of Lessee's proportionate share material portion of the cost Premises, are made untenantable for a period in excess of such services three (3) consecutive business days as a result of a service interruption that is not an Interruption Beyond Landlord’s Control and Lessee shall pay such share to Lessor within ten (10) days through no fault of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer systemTenant, including permitsthen Tenant, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the date Tenant provided notice of the sanitary sewer systemservice interruption to Landlord and ending on the day the service has been restored. If Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant’s business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer services or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except utilities as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromthis Section 13.

Appears in 1 contract

Sources: Lease Agreement (Cerus Corp)

Building Services. Lessor 7.1 Landlord shall provide furnish Tenant with the normal utility following services during Building Service Hours: (a) water for use in the Base Building lavatories and as otherwise specified or required pursuant to final construction documents the Landlord Work or any Alterations; (b) customary heat and air conditioning in season during Building Service Hours, although (i) Tenant shall have the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord’s then standard charge (as determined by Landlord in its sole discretion) for additional HVAC service and providing such prior Notice as is reasonably specified by Landlord, and (ii) if Tenant is expressly permitted by this Lease or Notice from Landlord to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service to the Common Areas , provided Tenant shall be solely responsible, at its sole cost and expense, for furnishing janitorial services to the Premises, including for any bio-waste or hazardous materials, using a vendor approved by Landlord; (d) elevator service (as required); (e) electricity in accordance with the tenns and conditions in Section 7.2; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services, security or monitoring systems, if any, as Landlord may reasonably impose, including sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines from time to time are necessary or appropriate for the Property. Lessee If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including any repairs which are Tenant’s responsibility pursuant to Section 9, Tenant shall pay directly to the appropriate supplier Landlord, or such other party designated by Landlord, the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer providing such service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make plus a reasonable determination of Lessee's proportionate share of the cost of such services administrative charge (as determined by Landlord in its sole discretion). “Medical waste” and Lessee “bio-waste as used in this Lease shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to include (i) medical devices, instruments, or paraphernalia such as syringes, sutures, swabs or wraps of any abatement sort that are intended to come into contact with any part of rentthe body, and (ii) terminate biological wastes and other waste materials that results from the Leaseadministration of medical care to a patient by ▇▇▇▇▇▇. During the Term, Tenant shall not dispose of medical waste in the trash receptacles provided by Landlord at the Property, Building, or Premises. Commons V MOB 5 (iiiHTA BUILDING NO. 110501) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reasonNaples, Lessor shall use reasonable diligence to repair same promptlyFL HLYK Florida, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.LLC – Lease

Appears in 1 contract

Sources: Medical Office Building Lease (HealthLynked Corp)

Building Services. Lessor shall provide Provided that Tenant is not in default hereunder, and subject to any governmental regulation, which may be in effect from time to time during the normal utility service connections Lease Term, Landlord agrees, during the Lease Term, to furnish Building Services to the BuildingPremises during the Building Hours set forth in the Rules and Regulations. Lessee As used herein, “Building Services” shall pay directly include: reasonable quantities of electric current for normal lighting and fractional horsepower office machines; water for lavatory and drinking purposes; heating, ventilating and air conditioning required, in Landlord’s judgment, for the comfortable use and occupancy of the Premises; janitorial service (including washing of windows with reasonable frequency as determined by Landlord); elevator service by non-attended automatic elevators; and a security service or security system. In no event shall Landlord, or its agents, employees or consultants (collectively, “Landlord Parties”) be liable for the quality of such security service or security system nor shall Landlord or Landlord Parties be liable for damage or injury to Tenant, its employees, invitees or others due to the appropriate supplier failure, action or inaction of such security service or security system or the cost negligence of all utility services Landlord or Landlord Parties with respect to such service or system. Further, Tenant shall waive any right it might have to damages, or to abatement or reduction of the Rent, or to terminate this Lease due to the Leased Premisesfailure, includingaction or inaction for any reason, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants security device or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees security system in the Building. Except as set forth hereinIn addition, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas neither Landlord nor Landlord Parties shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either personfor, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor and Tenant shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim recovery of damages, abatement (except as expressly provided herein) or reduction of Rent, or to terminate this Lease by reason of, Landlord’s failure to furnish the Building Services if such failure is caused by accident, breakage, repairs, governmental regulations or mandates, strikes, lockouts or other labor disputes, or for rebate any other causes; provided, however, in the event that Landlord’s failure to furnish the Building Services is a result of the gross negligence or willful misconduct of Landlord or Landlord Parties and such failure persists for more than ten (10) consecutive days, then Tenant shall thereafter be entitled to a day-for-day abatement in Rent until Building Services are restored to their level(s) prior to the failure. Furthermore, neither Landlord nor any of rent Landlord Parties shall be liable for, and Tenant shall not be entitled to recovery of damages, abatement or damages on account reduction of Rent, or to terminate this Lease as the result of any electrical power fluctuation resulting from any cause whatsoever, nor for the temporary cessation of Building Services required in connection with the performance of repairs and maintenance of the Building nor from any other cause. If Tenant requires or utilizes more water or electric power than is considered reasonable or normal by Landlord, Tenant shall pay for the cost of such malfunction excess usage (“Excess”), as Additional Rent, upon demand therefor by Landlord. Landlord hereby reserves the right to install separate meter(s) for the Premises, at Tenant’s sole expense. In such event, Tenant shall thereafter pay all charges for Excess utility(ies) so metered. In the event that Tenant desires any service in amounts exceeding the Building Services described in this Article 8 as determined by Landlord or in the event Tenant desires any service not common to other tenants of the Building, Tenant shall pay Landlord the cost of providing such additional services, plus a reasonable administrative fee. Tenant shall pay on demand as Additional Rent all payments contemplated under this Article 8 to Landlord. In no event, however, shall Tenant use in the Premises any interruptions in service occasioned thereby heat-generating machines or resulting therefromany equipment non-standard for the Building which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord.

Appears in 1 contract

Sources: Lease Agreement (Rentech Inc /Co/)

Building Services. Lessor 7.01 Landlord shall furnish Tenant with the following services: (a) water for use in the Base Building lavatories; (b) customary heat, ventilation and air conditioning in season during Building Service Hours, provided Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord; (c) standard janitorial service on Business Days subject to Tenant's reasonable security requirements and restrictions and provided that janitorial services can be performed within normal and customary hours (as of the date of this Lease, Landlord does not provide such janitorial services to the normal utility service connections Premises on Fridays); (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access control to monitor and control access to the Building, consistent with office buildings of comparable age, size and condition in the vicinity of the Building, which may be provided through a system involving any one or a combination of cameras, monitoring devices or guards, sign-in or identification procedures or other comparable system as reasonably determined by Landlord; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. 7.02 Electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion in Expenses, except with respect to excess electrical usage. Lessee The parties acknowledge that the Premises are currently separately metered for electrical usage, but that Landlord and Tenant have elected not to have Tenant pay directly for electrical use. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods. If it is determined that Tenant is using excess electricity, Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges Landlord for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such excess electrical usage as Additional Rent. 7.03 Landlord's failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereofequipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a "SERVICE FAILURE") shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused by Lessee introducing excessive pollutants However, if the Premises, or solids other than ordinary human waste into a material portion of the sanitary sewer systemPremises, including permitsare made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the 4th consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 1 contract

Sources: Office Lease Agreement (Evergreenbancorp Inc)

Building Services. Lessor 4.4.1 Landlord shall use all commercially reasonable efforts to provide the normal utility service connections following services and facilities to the BuildingPremises: (a) Heating, ventilating and air conditioning during Business Hours subject to such regulations as the Department of Energy or other Governmental Agency shall adopt from time to time. Lessee Tenant agrees to cooperate fully with Landlord and to abide by all the rules and regulations which Landlord may reasonably prescribe (which rules and regulations shall pay directly to be uniformly prescribed and applied) for the appropriate supplier proper functioning and protection of the cost of all utility services to the Leased Premisesheating, including, but not limited to, any required security deposits ventilating and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security air conditioning systems. If any services are jointly metered with Tenant requires heating, ventilation and air conditioning service at times other Leased Premises or property (than Business Hours, Landlord shall use diligent efforts to supply the same upon reasonable prior notice, to be paid for exampleby Tenant, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) calendar days of receipt billing, at a rate to be determined from time to time by Landlord, which rate shall equal Landlord's reasonably estimated actual cost for such service, which the parties acknowledge is currently equal to, and shall not in any event exceed, $75.00 per hour. (b) Subject to payment of any invoice thereof. Lessee shall pay all costs caused the charges therefor by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer systemTenant, electricity for normal office use, including permitsnormal office equipment, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for in the installation Premises. (c) Cleaning and maintenance of any dilution tankscommon areas in the Building in a manner consistent with first class buildings in northern Lake County, (d) Continuous passenger elevator service during Business Hours, holding tanksand service via at least one (1) elevator car at all other times, settling tanks24 hours per day, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use each day of the sanitary sewer systemYear. (e) Janitorial services, including cleaning of the Premises, in accordance with Exhibit E and consistent with first class buildings in northern Lake County. If the Leased Premises are in a multi- occupancy BuildingLandlord shall furnish cleaning services to kitchens, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees lunchrooms and non-Building standard lavatories in the Building. Except as set forth herein, Lessor Premises; provided that Landlord shall not be required to pay provide cleaning services to any personal items comprising such kitchens, lunchrooms, and non-Building standard lavatories, including without limitation, washing dishes, stacking chairs, replacing accouterments, etc. (f) Water for lavatory and drinking purposes. 4.4.2 Tenant shall reimburse Landlord for any utility serviceand all additional cleaning expenses incurred by Landlord, supplies including garbage and trash removal expenses over and above the normal cleaning provided by Landlord or upkeep in connection with due to the Leased Premises presence of a lunchroom or Buildingkitchen or food or beverage dispensing machines within the Premises. Utility services for the common areas No food or beverage dispensing machines shall be part installed by Tenant in the Premises without the prior written consent of Operating Expenses. Lessee agrees that Lessor is Landlord, which consent shall not liable be unreasonably withheld or delayed. 4.4.3 The services described in subparagraph 4.4.1 may be subject to Lessee in any respect for damages slowdown interruption or stoppage due to either person, property or business on account the order of any interruption Governmental Agency, Force Majeure, or failure the maintenance, repair, replacement or improvement of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair any of the same promptlyequipment involved in the furnishing of any such service. No such slowdown interruption or failure may stoppage of any such service shall be construed as an eviction eviction, actual or constructive, of Lessee Tenant, nor shall same cause any abatement of Base Rent or entitle Lessee Additional Rent or relieve Tenant from any of its obligations under this Lease. Landlord agrees to use all commercially reasonable efforts to resume the affected service promptly following any such slowdown interruption or stoppage. Landlord will provide Tenant, whenever reasonably possible, advance notice of any scheduled service slowdowns, interruptions or stoppages of which it has knowledge. Notwithstanding anything to the contrary aforesaid, if, as a result of the negligence of Landlord or Landlord's Agents, there is an interruption or discontinuance in the furnishing by Landlord of any Building Services (as described in 4.1) to the Premises which results in Tenant being unable to reasonably operate at the Premises or having vacated the Premises due to such an interruption or discontinuance, in each case for a period in excess of seven (7) consecutive full calendar days after notice to Landlord by Tenant, all regularly payable Base Rent required under this Lease shall abat▇ ▇▇▇m the end of such period until the earlier of the date Tenant reenters and reasonably uses the Premises, or such time as Building Services are restored, such that Tenant is again reasonably able to operate at the Premises. If only a portion of the Premises is untenantable, Base Rent shall be abated in the proportion that the untenantable rentable area of the Premises bears to the total rentable area of the Premises. 4.4.4 Tenant shall be entitled to use a portion of the storage space in the lower level of the Building (the "Storage Space"), to the extent then available from time to time, as determined by Landlord in its reasonable discretion. With respect to any Storage Space made available to Tenant, Tenant shall pay to Landlord rent in an amount equal to $10.75 for each square foot of storage space, escalating at a rate of 3% per annum. The rent to be paid for the Storage Space shall be added to Base Rent and shall be due as and when Base Rent is due and payable. Tenant shall not be liable to pay any Additional Rent with respect to its occupancy of the Storage Space. Tenant shall occupy the Storage Space in its "as is" condition, with all faults and with all risks; provided, however that Tenant shall not be required to make any repairs or improvements to the Storage Space unless Tenant causes damage thereto and provided further that Tenant shall maintain the Storage Space in a good condition and shall keep the Storage Space free of any rubbish, debris and other waste materials. Landlord makes no representation or warranty regarding the Storage Space whatsoever. Tenant's right to occupy the Storage Space shall terminate automatically and immediately upon (i) any abatement the expiration or earlier termination of rentthis Lease, (ii) terminate the Leaseoccurrence of an Event of Default hereunder, or (iii) be relieved at any time upon not less than thirty (30) days' prior written notice from fulfilling any covenant or agreement contained hereinTenant to Landlord. Should any malfunction Upon termination of Tenant's occupancy of the improvements or facilities to Storage Space. Tenant shall immediately vacate the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions Storage Space in service occasioned thereby or resulting therefroma broom clean condition.

Appears in 1 contract

Sources: Office Lease (Eloyalty Corp)

Building Services. Lessor shall provide the normal utility service connections So long as no Event of Default exists, Landlord agrees to furnish or cause to be furnished to the Building. Lessee shall pay directly Premises as part of Operating Expenses: (a) Non-attended automatic elevator service. (b) Until the metering system is installed by Landlord, pursuant to Paragraph 4.1(f), HVAC to the appropriate supplier the cost of all utility services to the Leased Premises, includingwhich in Landlord’s good faith judgment, but not limited tois required for the comfortable use and occupancy of the Premises from 6:00 a.m. to 6:00 p.m. Monday through Friday, any required security deposits and initial connection charge9:00 a.m. to 2:00 p.m., all charges for gasSaturdays (collectively, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lightingthe “Business Hours”), Lessor shall make a except for the date of observation of New Year’s Day, President’s Day, Independence Day, Labor Day, Memorial Day, Thanksgiving Day, and Christmas Day, and at Landlord’s discretion, other state and nationally recognized holidays selected by Landlord (collectively, the “Holidays”); provided, however that if Tenant desires to use HVAC during hours (“Non-Business Hours”) other than Business Hours (“After Hours HVAC”), Tenant will provide Landlord with reasonable determination prior notice of Lessee's proportionate share of Tenant’s desired After Hours HVAC use. Tenant will pay Landlord’s charges prevailing from time to time (the cost of “After Hours HVAC Rate”) for supplying such services and Lessee shall pay such share to Lessor After Hours HVAC within ten (10) days of receipt of any invoice thereofa reasonably detailed b▇▇▇. Lessee When the metering system is installed, pursuant to Paragraph 4.1(f), then the use and expense of HVAC systems on the Premises shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into be in the sanitary sewer systemsole discretion of Tenant, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solidsat Tenant’s sole expense. Lessee shall Tenant will be responsible for and will pay to Landlord any additional costs (including, without limitation, the costs of installation of additional HVAC equipment) incurred by Landlord because of the failure of the HVAC system to perform its function due to arrangement of partitioning in the Premises, or the operation of the windows in the Premises, or changes or alterations thereto or from any use by Tenant of heat-generating machinery or equipment other than normal office equipment, including small photocopying machines and maintenance personal computers not linked to a central mainframe at the Premises. Landlord makes no representation with respect to the adequacy or fitness of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices the Building’s HVAC system to maintain temperatures as may be required for the operation of any computer, data processing or other special equipment. Tenant will abide by such rules and regulations as Landlord may promulgate from time to time about operation of the windows in the Premises so as to enhance the comfort of all tenants in the Building and maximize the efficiency of the HVAC equipment. (c) At all reasonable times, electric current as required for Building standard lighting and fractional horsepower office machines and adequate electrical wiring and facilities for connection to the lighting fixtures and incidental use equipment of Tenant. Without Landlord’s consent, Tenant will not install, or permit the installation, in the Premises of any governmental subdivision for Lessee's computers, word processors, electronic data processing equipment or other type of equipment or machines which will increase Tenant’s use of the sanitary sewer systemelectric current in excess of that which Landlord is obligated to provide pursuant to this Section. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's Tenant’s use of sanitary sewer electric current will never exceed the capacity of the feeders, risers or waste removal services insofar as such surcharges affect Lessor or other Lessees in electrical installations of the Building. Except as set forth herein, Lessor shall not be required to pay . (d) City water for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility drinking and restroom purposes. (e) Janitorial and cleaning services for the common areas Building only Monday through Friday evenings for the Building only. Tenant will provide janitorial services for the Premises and shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair keep the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to in good, clean and sanitary condition. (if) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reasonsuite signage and listing in the Building directory. Landlord confirms that Tenant’s existing signage is acceptable; provided, Lessor however, that Tenant shall use reasonable diligence ensure that its signage conforms to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromall applicable laws and restrictions regulating signage.

Appears in 1 contract

Sources: Lease Agreement (Syntax-Brillian Corp)

Building Services. Lessor 7.1 Landlord shall furnish Tenant with the following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours; provided that Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord's then-standard charge for additional HVAC service (currently $75 per hour) so long as Tenant requests same by written notice to Landlord not later than 12:00 noon on the Business Day preceding the day of such overtime usage; (c) elevator service; (d) electricity in accordance with the terms and conditions in Section 7.02; and (e) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Access to the Building for Tenant and its employees 24 hours per day I 7 days per week, subject to the terms of this Lease and such security or monitoring systems as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards. Landlord hereby agrees that it will, at its expense, provide the normal utility service connections a "punch code" or access card for access to the Building. Lessee shall pay directly Tenant hereby acknowledges and agrees that Landlord will have no obligation to the appropriate supplier the cost of all utility provide janitorial services to the Leased Premises and Tenant shall be solely responsible, at its sole cost and expense, to provide janitorial services to the Premises. Tenant shall be given shared access to the Building's common loading dock. 7.2 (a) Electricity shall be distributed to the Premises by the electric utility company selected by Landlord to provide electricity service for the Building or, at Landlord's option, by Landlord at a rate no greater than competitive rates at similarly situated buildings in the area surrounding the Building; and Landlord shall permit Landlord's wires, and conduits, to the extent available, suitable and safely capable, to be used for such distribution. If and so long as Landlord is distributing electricity to the Premises, includingTenant shall obtain all of its electricity from Landlord and shall pay Landlord, but not limited toin addition to Base Rent and Additional Rent, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer such electricity service and security systemsin monthly installments at a rate of $1.75 per annum per Rentable Square Footage of the Premises. If any services are jointly metered with other Leased Premises or property (for By way of example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share based on the Rentable Square Footage of the cost Premises of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into 10,000 square feet, the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision monthly payment for any such pollutants or solids. Lessee electricity service shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom$1,458.

Appears in 1 contract

Sources: Office Lease Agreement (Echo Therapeutics, Inc.)

Building Services. Lessor Landlord shall provide furnish Tenant with the normal utility following services (with the costs thereof included in Expenses in accordance with and subject to under Exhibit B): (a) water for use in the Base Building restrooms; (b) Building standard heat and air conditioning in season during Building Service Hours; (c) Building standard janitorial service connections (in accordance with Exhibit B-1 attached hereto) on Business Days; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may from time to time impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. In addition, Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (currently $85 per hour) and providing such prior notice as is reasonably specified by Landlord. If Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a Building standard connection fee and/or a monthly usage fee, as reasonably determined by Landlord. Lessee shall pay directly to the appropriate supplier the cost of all utility If, at Tenant’s request, Landlord, or an affiliated or third party service provider, provides any services to the Leased Premisesthat are not Landlord’s express obligation under this Lease, including, but not limited towithout limitation, any required security deposits and initial connection chargerepairs which are Tenant’s responsibility pursuant to Section 9 below, all charges for gas, electricity, telephone, water, sanitary and storm sewer Tenant shall pay to the applicable service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of provider the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in plus a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromadministrative charge.

Appears in 1 contract

Sources: Office Lease Agreement (resTORbio, Inc.)

Building Services. Lessor Landlord shall provide the normal utility service connections to the Buildingbuilding. Lessee Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premisesservices, including, but not limited to, any required security deposits and initial connection chargecharges, all charges for gas, electricity, telephone, water, sanitary and storm sewer service service, and security systemsfor all electric lights, lamps or tubes. If any However, Landlord may, at Landlord's sole discretion, provide one or more utility services are jointly metered with other Leased Premises or property (for exampleto the leased premises, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate in which event Tenant agrees to pay to Landlord its pro rata share of the cost costs of such utilities or services as set forth in sections 2.02 and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof2.03. Lessee Tenant shall pay all costs caused by Lessee Tenant introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Tenant shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps traps, or similar devices as may be required by any governmental subdivision authority for LesseeTenant's use of the sanitary sewer system. If the Leased Premises are Landlord may, in a multi- occupancy Buildingits sole discretion, Lessee shall pay all surcharges levied due provide additional services or utilities not enumerated herein. Failure by Landlord to Lessee's use of sanitary sewer any extent provide these defined services or waste removal any other services insofar as such surcharges affect Lessor not enumerated, or other Lessees in the Building. Except as set forth hereinany cessation thereof, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not render Landlord liable to Lessee in any respect for damages to either personperson or property, property be construed as an eviction of Tenant, work an abatement of rent or business on account relieve Tenant from fulfillment of any interruption covenant in this Lease. Should any of the equipment or failure of utilities machinery break down, or services furnished by Lessor provided that Lessor uses for any cause cease to function properly, Landlord shall use reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any Tenant shall have no claim for rebate or abatement of rent or damages on account of such malfunction or any interruption of any interruptions in service occasioned thereby from the repairs. Landlord reserves the right from time to time to make changes in the utilities and services provided by Landlord to the building or resulting therefromshopping center.

Appears in 1 contract

Sources: Standard Retail Lease (Back Yard Burgers Inc)

Building Services. Lessor shall provide the normal utility service connections Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Building. Lessee shall pay directly Premises, at its expense, during standard business hours, Monday through Friday, (generally recognized holidays excepted), and subject to the appropriate supplier Rules and Regulations described in Exhibit "B" hereof, air conditioning and heat, elevator service, electric current for normal lighting and fractional horsepower office mahcines and, on the cost of all utility services to same floor as the Leased Premises, including, but not limited to, any required security deposits water for lavatory and initial connection chargedrinking purposes, all charges in such reasonable quantities, in the judgment of Landlord, as are necessary for gasthe comfortable occupancy of the Premises. Janitorial and maintenance services will be furnished ***five (5) days per week. Janitorial services shall include only ordinary dusting and cleaning and shall not include shampooing of carpets or rugs, electricitycleaning of draperies or furniture, telephone, water, sanitary and storm sewer service and security systemsor other unusual services. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make Landlord may impose a reasonable determination additional charge for the usage of Lesseeany additional or unusual janitorial services required because of any unusual Tenant Improvements in the Premises, the carelessness of Tenant, the unusual nature of Tenant's proportionate share business and the removal of any refuse and rubbish from the Premises other than discarded material placed in waste paper baskets and left for emptying as an incident to Tenant's normal cleaning of the cost of such services Premises. Tenant shall comply with all rules and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible regulations which Landlord may reasonably establish for the installation proper functioning and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use protection of the sanitary sewer air conditioning, heating, elevator and plumbing system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor Landlord shall not be required to pay liable for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas and Tenant shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate abatement or abatement reduction of rent or damages on account by reason of Landlord's failure to furnish any of the foregoing when such malfunction or failure is caused by riot, strike, labor disputes of any interruptions character, breakdowns, necessary repairs, breakage, accidents, the unavailability of natural or other energy resources, or other cause beyond Landlord's reasonable control. **Without the prior written consent of Landlord, Tenant shall not use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines and machines using current in excess of 110 volts, which may increase the amount of the electricity, air conditioning, heat or water which would otherwise be furnished or supplied under this Article 14 for the intended use of the Premises; and Tenant will not connect with electric current, except through existing electrical outlets in the Premises, or with water pipes, any apparatus or device which uses electric current or water. Except as specifically provided in this Article 14, and in addition to rent and other charges required to be paid by Tenant under this Lease, Tenant agrees to pay for all utilities and other services utilized by Tenant and for all overtime or additional building services furnished to Tenant not uniformly furnished to all ** Except for those specified in tenant's initial design and buildout and pursuant to tenant's existing equipment. ***Janitorial service occasioned thereby or resulting therefromprovided to Tenant's premises shall be performed Monday through Friday between the hours of 9 p.m. and 12 p.m., with tenant being provided with extra bathroom supplies and trash compactor access for weekend operation.

Appears in 1 contract

Sources: Lease Agreement (Tickets Com Inc)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal utility following services: (a) water for use in the Base Building lavatories 24 hours per day, 7 days per week; (b) customary heat and air conditioning in season during Building Service Hours. Tenant shall have the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord; (c) standard janitorial service on Business Days; (d) elevator service; (e) electricity 24 hours per day, 7 days per week in accordance with the terms and conditions in Section 7.02; (f) access to the Building. Lessee shall pay directly Building for Tenant and its employees 24 hours per day/7 days per week, subject to the appropriate supplier the cost terms of all utility services to the Leased Premisesthis Lease and such security or monitoring systems as Landlord may reasonably impose, including, but not limited towithout limitation, any required security deposits sign-in procedures and/or presentation of identification cards; and initial connection charge, all charges (g) such other services as Landlord reasonably determines are necessary or appropriate for gas, electricity, telephone, water, sanitary and storm sewer service and security systemsthe Project. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share As of the cost date hereof, Landlord’s charge for after hours heating and air conditioning service is $130 per hour for a full floor and $65 per hour per zone for air conditioning, and $30 per hour for a full floor and $15 per hour per zone for ventilation, subject to change from time to time; provided that any increases in such charge for after-hours HVAC service shall be limited to increases in Landlord’s actual, reasonable costs of supplying the after-hours HVAC services. 7.02 Electricity used by Tenant in the Premises up to the aggregate 5.5 ▇▇▇▇▇ per rentable square foot described below shall be paid for by Tenant through inclusion in Expenses. Without the consent of Landlord, Tenant’s use of electrical service in the aggregate for the Premises shall not exceed, either in voltage or rated capacity, that which Landlord reasonably deems to be standard for the Building; provided that Landlord acknowledges that Tenant shall not be assessed any excess usage charge except as provided below in this Section 7.02. Landlord shall have the right to measure electrical usage by commonly accepted methods. At any time following the date of this Lease, Landlord may install sub-meters on each floor of the Premises to measure Tenant’s use of electricity (collectively, the “Sub-Meters”). Tenant shall reimburse Landlord for Landlord’s actual, reasonable costs of obtaining and installing the Sub-meters within 30 days of demand accompanied by reasonable documentation of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor costs; provided that Tenant shall not be required to reimburse Landlord for the cost of the Sub-Meters in excess of $15,000.00 in the aggregate for all three of the 7th, 8th and 9th floors of the Premises. Following Landlord’s installation of the Sub-Meters on the applicable floors and provided that such Sub-Meters are operational with respect to each floor of the Premises then occupied by Tenant, to the extent that Tenant’s total electrical usage in such occupied floors, including any supplemental HVAC system, in the aggregate exceeds 5.5 ▇▇▇▇▇ per rentable square foot of the aggregate of the Premises then occupied by Tenant, Tenant shall pay for any utility servicesuch excess usage, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to at Landlord’s option, either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement a separate charge payable by Tenant to Landlord as Additional Rent (provided that Landlord shall not collect more than 100% of rentLandlord’s actual cost of supplying such utilities to Tenant), or (ii) terminate by separate charge billed by the Leaseapplicable utility company and payable directly by Tenant. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (iiidefined in Section 26.03) be relieved (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from fulfilling the obligation to fulfill any covenant or agreement contained hereinagreement. Should any malfunction However, if the Premises, or a portion of the improvements Premises which significantly impacts the ability of Tenant to operate in any portion of the Premises, are made untenantable for a period in excess of 2 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct or facilities to is the Leased Premises or Building (which by definition do not include any improvements or facilities direct result of Lessee above Building standard improvements) occur for any reasonthe gross negligence of Landlord, Lessor then Tenant, as its sole remedy, shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or receive an abatement of rent Rent payable hereunder during the period beginning on the 2nd consecutive Business Day of the Service Failure and ending on the day the service has been restored. Notwithstanding the foregoing, if a material portion of the Premises are made untenantable for a period in excess of 2 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct or damages is the direct result of the gross negligence of Landlord, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on account the 1st Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably prorated. 7.04 Subject to the terms of this Lease, including, without limitation Section 9.03 below, Tenant may, at its own expense, install its own security system (“Tenant’s Security System”) in the Premises that uses the same card as the Building security system; provided, however, that Landlord and Tenant shall coordinate the installation and operation of Tenant’s Security System to assure that Tenant’s Security System is compatible with Landlord’s security system and the Building’s systems and equipment. Tenant shall be solely responsible, at Tenant’s sole cost and expense, for the monitoring, operation and removal of Tenant’s Security System. 7.05 Landlord shall maintain the building heating, ventilating and air conditioning system (HVAC) in compliance with all Laws and the standards established by the American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) for high-rise office buildings or standards customarily adopted for Class A high-rise office buildings in San Francisco, California. The cost of such malfunction compliance shall be included in Expenses to the extent permissible under Exhibit B. 7.06 Landlord shall allow access to the Building and the Premises to any dog designated as a “service dog” and properly identified as such as defined by and in accordance with San Francisco city codes and/or ordinances. 7.07 At Tenant’s election, subject to Landlord’s review and approval of Tenant’s plans and requested capacity, Tenant shall be permitted to connect its IT closets within the Premises to the backup power available from the Building’s existing cogeneration plant (the “Cogeneration Plant”). Tenant shall be responsible for all costs of connection to the Cogeneration Plant and Tenant’s usage of power supplied by the Cogeneration Plant, which Tenant shall procure through Landlord’s affiliated energy company, OSEP, on the terms and conditions available from OSEP. Landlord shall cause its affiliate to maintain the Cogeneration Plant as a standby power source during the initial Term of the Lease and the Renewal Term, if any. 7.08 Tenant shall have the right to access, utilize and maintain cable in the Building that extends and/or connects to any cable located in the basement of the adjacent Landmark building to which Tenant has access pursuant to Tenant’s separate lease at the Landmark building, if any, to the extent that such access, use and maintenance does not interfere with the rights of other tenants of the Building existing as of the date of this Lease. Tenant acknowledges that Landlord has not made any representation, warranty or covenant regarding the existence of any interruptions such cable, nor that any such cable would be adequate or available for Tenant’s use. Tenant may, in service occasioned thereby addition to or resulting therefromin lieu of the use of such cable, install, utilize and maintain new cable reasonably required for Tenant’s business purposes subject to Landlord’s reasonable review and approval of the location and manner of installation, and provided that Tenant uses Dyna Electric for such installation and that such new cable does not exceed 200 pair copper or fibre requiring greater than a one inch inner duct.

Appears in 1 contract

Sources: Office Lease Agreement (Salesforce Com Inc)

Building Services. Lessor (a) Landlord shall also provide: (i) Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m. and on Saturdays from 9:00 a.m. to 1:00 p.m., furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal utility business operation. If Tenant shall require air conditioning, heating or ventilation outside the hours and days above specified, Landlord may furnish such service connections to the Building. Lessee and Tenant shall pay directly therefor such charges as may from time to time be in effect for the appropriate supplier Building upon demand as Additional Rent. In the cost event Tenant introduces into the Premises personnel or equipment which overloads the capacity of all utility services any of the Base Building Systems or in any other way interferes with any of the Base Building Systems’ ability to the Leased Premisesperform adequately its proper functions, includingsupplementary systems may, but not limited toif and as needed, any required security deposits at Landlord’s option, be provided by Landlord, and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services supplementary systems and Lessee the installation, repair, maintenance, replacement and removal thereof shall pay such share be payable by Tenant to Lessor within ten Landlord upon demand as Additional Rent. (10ii) days Landlord shall provide electric power for lighting and for office machines through standard receptacles. (iii) Warm water for lavatory and kitchenette purposes and cold water (at temperatures supplied by the Town of receipt of Lexington) for drinking, lavatory and toilet purposes. If Tenant uses water for any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids purpose other than for ordinary human waste into the sanitary sewer systemlavatory and drinking purposes, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible Landlord may assess a reasonable charge for the installation additional water so used. (iv) Access to the Premises twenty-four hours per day, subject to reasonable security restrictions and maintenance restrictions based on emergency, accident and Force Majeure conditions and all other applicable provisions of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices this Lease. (v) Cleaning Services described in Exhibit F as may be and to the extent required by any governmental subdivision for Lessee's Exhibit F. (vi) Non-exclusive passenger elevator service from the existing passenger elevator system in common with Landlord and others entitled thereto. (b) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due without thereby incurring any liability to Lessee's Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord desirable or necessary, or when prevented from supplying such services or use by strikes, lockouts, difficulty in obtaining materials, accidents or any other cause beyond Landlord’s control, or by laws, orders or inability, by exercise of sanitary sewer or waste removal services insofar as such surcharges affect Lessor reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other Lessees in the Buildingsuitable fuel or power. Except as set forth hereinprovided in subparagraph (c) below, Lessor no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Failure or omission on the part of Landlord to furnish any of the foregoing services or use shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee Tenant, actual or constructive, nor entitle Lessee Tenant to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or an abatement of rent or damages on account of such malfunction or except as provided in subparagraph (c) below, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any interruptions in service occasioned thereby or resulting therefromof its covenants under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Bladelogic Inc)

Building Services. Lessor shall provide the normal utility service connections As long as Tenant is not in monetary default under this Lease, Landlord agrees to furnish or cause to be furnished to the Building. Lessee shall pay directly Premises the following utilities and services, subject to the appropriate supplier conditions and standards set forth herein: (A) Non-attended automatic elevator service (if the cost Building has such equipment serving the Premises), in common with Landlord and other tenants and occupants and their agents and invitees. (B) From 6:00 a.m. to 6:00 p.m., Monday through Friday, except for holidays, such air conditioning, heating and ventilation as, in Landlord’s reasonable judgment, are required for the comfortable use and occupancy of all utility the Premises. Landlord shall make available to Tenant heating, ventilation or air conditioning in excess of that which Landlord shall be required to provide hereunder (including services for after-hours usage to be available twenty-four (24) hours per day, seven (7) days a week, every day of the Leased Premisesyear), includingupon the following conditions: (i) Tenant may request ventilation, but not limited tohearing and air conditioning service for hours other than those outlined in Section 7.01(B) above, any required security deposits and initial connection chargeParagraph 1 (“Overtime Air Service”). Upon at least forty eight (48) hours minimum advance written notice from Tenant to Landlord, all charges the Landlord shall arrange for gassuch Overtime Air Service. For each Overtime Air Service request, electricityTenant shall pay, telephoneas additional rent, waterthe Landlord’s then current charge for Overtime Air Service, sanitary and storm sewer service and security systemswhich costs currently are as follows: $35.00 Service Charge. If any services are jointly metered with on weekdays, $25.00 per hour. If on weekends, $35.00 for the first hour and $25.00 per hour thereafter. Tenant shall be entitled to zero (0) calendar days per year at no cost. Such costs shall be paid to Landlord, at the same address provided for rent and notices or such other Leased Premises or property addresses as Landlord may from time to time designate in writing, within thirty (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (1030) days of receipt of invoice. Tenant shall provide the appropriate billing address for Overtime Air Service in the space provided below, and shall notify Landlord in writing of any invoice thereofchange in address. Lessee shall pay all Landlord reserves the right to reasonably adjust the hourly charge for Overtime Air Service if the actual costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer systemto Landlord of providing said service increases. Tenant’s billing address for overtime air service is as follows: Placer Sierra Bank Attention: Chief Financial Officer ▇▇▇ ▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, including permits, fees and charges levied by any governmental subdivision ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Landlord’s fee for any such pollutants additional heating, ventilation or solids. Lessee shall air conditioning provided to Tenant, to be responsible set by Landlord as provided above based on Landlord’s actual costs for said services, will be separate from and in addition to the Tax and Operating Expenses Adjustment provide in Article 4. (C) Water for drinking and rest room purposes. (D) Reasonable standard janitorial and cleaning services five (5) days per week consistent with such services typically provided for Class A office buildings in Downtown Sacramento and in addition, the following services described on Exhibit F attached hereto, provided that the Premises are used exclusively for the installation Permitted Use and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required are kept reasonably in order by any governmental subdivision for Lessee's use of the sanitary sewer systemTenant. If the Leased Premises are not used exclusively as offices, Landlord, at Landlord’s sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant’s expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant shall pay to Landlord the cost of removal of Tenants refuse and rubbish, to the extent that the same exceeds the refuse and rubbish attendant to normal office usage. (E) At all times, twenty-four (24) hours per day, seven (7) days a multi- occupancy week, every day of the year, electric current in reasonable wattages for building standard lighting and fractional horsepower office machines; provided, however, that (i) without Landlord’s consent, Tenant shall not install, or permit the installation, in the Premises of any equipment or machines which will increase Tenant’s use of electric current in excess of that which Landlord is obligated to provide hereunder, such approval not to be unreasonably withheld (provided, however, that the foregoing shall not preclude the use of personal computers or similar office equipment); (ii) if Tenant shall require electric current which may disrupt the provision of electrical service to other tenants, Landlord may refuse to grant its consent or may condition its consent upon Tenant’s payment of the cost of installing and providing any additional facilities required to furnish such excess power to the Premises and upon the installation in the Premises of electric current meters to measure the amount of electric current consumed, in which latter event Tenant shall pay for the cost of such meter(s) and the cost of installation, maintenance and repair thereof, as well as for all excess electric current consumed at the rates charged by the applicable local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (iii) if Tenant’s increased electrical requirements will materially affect the temperature level in the Premises or the Building, Lessee Landlord’s consent may be conditioned upon Tenant’s requirement to pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, including but not limited to the cost of modifications to the air conditioning system. Landlord shall pay not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord’s reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Tenant covenants that at all surcharges levied due to Lessee's times its use of sanitary sewer electric current shall never exceed the capacity of the feeders, risers or waste removal services insofar as such surcharges affect Lessor or other Lessees in electrical installations of the Building. Except as set forth herein, Lessor shall If submetering of electricity in the Building will not be permitted under future laws or regulations, the Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the cost to Landlord for furnishing electricity to Tenant in the Premises. Any amounts which Tenant is required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas to Landlord pursuant to this Section 7.01 shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished payable within thirty (30) days following invoicing by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of Landlord and shall constitute additional rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.

Appears in 1 contract

Sources: Office Lease (Placer Sierra Bancshares)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal following services: (a) water for use in the Base Building lavatories and drinking fountains and any lavatories and kitchenettes located in the Premises; (b) customary heat and air conditioning in season during Building Service Hours. Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord; (c) standard janitorial service on Business Days (which janitorial service shall be in accordance with the standards generally met by other class "A" office buildings in the Bellevue Central Business District); (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such security or monitoring systems as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. 7.02 Electricity used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (a) through inclusion in Expenses (except as provided for excess usage); (b) by a separate charge payable by Tenant to Landlord based on Tenant's usage; or (c) if the Premises is separately metered, by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service connections shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Lessee Landlord shall have the right to measure electrical usage by commonly accepted methods. If it is determined that Tenant is using excess electricity, Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges Landlord for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such excess electrical usage as Additional Rent. 7.03 Landlord's failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereofequipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a "SERVICE FAILURE") shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused by Lessee introducing excessive pollutants However, if the Premises, or solids other than ordinary human waste into a material portion of the sanitary sewer systemPremises, including permitsare made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the 4th consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably prorated. Notwithstanding the foregoing, if a multi- occupancy BuildingService Failure is reasonably within the control of Landlord and (a) continues for 180 consecutive days after the Service Failure and (b) is not being diligently remedied by Landlord, Lessee then Tenant, as its sole remedy, shall pay all surcharges levied due have the right to Lessee's use elect to terminate this Lease within 10 days after the expiration of sanitary sewer said 180-day period without penalty, by delivering written notice to Landlord of its election thereof; provided, however, that if Landlord is diligently pursuing the repair or waste removal services insofar as such surcharges affect Lessor or other Lessees in restoration of the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas Tenant shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate terminate this Lease but rather Tenant's sole remedy shall be to ▇▇▇▇▇ Rent as provided above. The foregoing termination right shall not apply if the Service Failure is due to fire or abatement other casualty; instead, in such event, the terms and provisions of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromSection 16 shall apply.

Appears in 1 contract

Sources: Office Lease Agreement (Bsquare Corp /Wa)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours. Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord. As of the date hereof, Landlord's charge for after hours heating and air conditioning service is $20.00 per hour, per floor, subject to change from time to time; (c) standard janitorial service on Business Days; (d) Elevator service; (e) Electricity in accordance with the terms and conditions in Section 7.02; and (f) such other services as Landlord reasonably determines are necessary or appropriate for the Property. 7.02 Electricity used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (a) through inclusion in Expenses (except as provided for excess usage); (b) by a separate charge payable by Tenant to Landlord; or (c) by separate charge billed by the applicable utility company and payable directly by Tenant. As of the date of this Lease, electricity used by Tenant in the Premises shall be paid for by Tenant by a separate charge payable by Tenant to Landlord, subject to change from time to time. As of the date of this Lease, electricity use in the Premises is determined pursuant to a check-meter servicing the Premises. Without the consent of Landlord, Tenant's use of electrical service connections shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Lessee For purposes hereof, the "electrical standard" for the Building is 5 ▇▇▇▇▇ per square foot of net usable floor area. Landlord shall have the right to measure electrical usage by commonly accepted methods. If it is determined that Tenant is using excess electricity, Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges Landlord for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such excess electrical usage as Additional Rent. 7.03 Landlord's failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereofequipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a "Service Failure") shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused by Lessee introducing excessive pollutants However, if the Premises, or solids other than ordinary human waste into a material portion of the sanitary sewer systemPremises, including permitsare made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the 4th consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 1 contract

Sources: Sublease Agreement (Enernoc Inc)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal utility following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours, although (i) Tenant shall have the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord (Landlord’s charge for additional HVAC service shall be based on a minimum of four (4) hours of usage), and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees twenty-four (24) hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Complex. Lessee If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay directly to the appropriate supplier Landlord, or such other party designated by Landlord, the cost of all utility services providing such service plus a reasonable administrative charge. 7.02 Electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion in Expenses (except as provided for excess usage). Without the consent of Landlord, T▇▇▇▇▇’s use of electrical service shall not exceed Building standard usage, per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the Leased Premises, including, but not limited to, any required security deposits installation of measuring devices such as submeters and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systemscheck meters. If any services are jointly metered with other Leased Premises it is determined that Tenant is using electricity in such quantities or property (during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for examplethe Building, exterior lighting), Lessor Tenant shall make a reasonable determination of Lessee's proportionate share of pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereofequipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to an interruption, failure or inability to provide any services. However, if the Premises, or a material portion of the Premises, are made untenantable for a period in excess of five (5) consecutive Business Days (and the Premises are not being used by Lessee introducing excessive pollutants or solids other than ordinary human waste into Tenant) as a result of a Service Failure that is reasonably within the sanitary sewer systemcontrol of Landlord to correct, including permitsthen Tenant, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the sixth (6th) consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 1 contract

Sources: Office Lease Agreement (Third Harmonic Bio, Inc.)

Building Services. Lessor Landlord shall provide furnish Tenant with the normal utility following services: (a) water for use in the Base Building restrooms; (b) customary heat and air conditioning in season during Building Service Hours; (c) standard janitorial service connections on Business Days; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may from time to time impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. In addition, Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord. If Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord. Lessee shall pay directly to the appropriate supplier the cost of all utility If, at Tenant’s request, Landlord, or an affiliated or third party service provider, provides any services to the Leased Premisesthat are not Landlord’s express obligation under this Lease, including, but not limited towithout limitation, any required security deposits and initial connection chargerepairs which are Tenant’s responsibility pursuant to Section 9 below, all charges for gas, electricity, telephone, water, sanitary and storm sewer Tenant shall pay to the applicable service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of provider the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in plus a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromadministrative charge.

Appears in 1 contract

Sources: Office Lease Agreement (Atea Pharmaceuticals, Inc.)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours. Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord; (c) standard janitorial service on Business Days; (d) Elevator service; (e) Electricity in accordance with the terms and conditions in Section 7.02; and (f) such other services as Landlord reasonably determines are necessary or appropriate for the Property. 7.02 Electricity used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (a) through inclusion in Expenses (except as provided for excess usage); (b) by a separate charge payable by Tenant to Landlord; or (c) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service connections shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Lessee Landlord shall have the right to measure electrical usage by commonly accepted methods. If it is determined that Tenant is using excess electricity, Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges Landlord for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such excess electrical usage as Additional Rent. 7.03 Landlord's failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereofequipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a "SERVICE FAILURE") shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused by Lessee introducing excessive pollutants However, if the Premises, or solids other than ordinary human waste into a material portion of the sanitary sewer systemPremises, including permitsare made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the 4th consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 1 contract

Sources: Office Lease Agreement (Utix Group Inc)

Building Services. Lessor shall provide the normal utility service connections Landlord agrees to furnish or cause to be furnished to the BuildingPremises the following utilities and services, subject to the conditions and standards set forth herein: (A) Non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and other tenants and occupants and their agents and invitees. (B) During Business Hours, such air conditioning, heating and ventilation as, in Landlord’s reasonable judgment, are required for the comfortable use and occupancy of the Premises. Lessee Landlord may make available to Tenant heating, ventilation or air conditioning in excess of that which Landlord shall be required to provide hereunder upon such conditions as shall be determined by Landlord from time to time. Landlord’s fee for any such additional heating, ventilation or air conditioning provided to Tenant, to be set by Landlord from time to time, will be separate from and in addition to the Tax and Operating Expenses Adjustment provide in Article IV. (see Addendum 1) (C) Water for drinking and rest room purposes. (D) Reasonable janitorial and cleaning services, provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant. If the Premises are not used exclusively as offices, Landlord, at Landlord’s sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant’s expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant shall pay directly to the appropriate supplier Landlord the cost of all utility services removal of Tenant’s refuse and rubbish, to the Leased Premisesextent that the same exceeds the refuse and rubbish attendant to normal office usage. (E) At all reasonable times, includingelectric current of not less than 3.5 w▇▇▇▇ per square foot for building standard lighting and fractional horsepower office machines; provided, but however, that (i) without Landlord’s consent, Tenant shall not limited toinstall, or permit the installation, in the Premises of any required security deposits and initial connection chargecomputers, all charges for gasword processors, electricityelectronic data processing equipment or other type of equipment or machines which will increase Tenant’s use of electric current in excess of that which Landlord is obligated to provide hereunder (provided, telephonehowever, waterthat the foregoing shall not preclude the use of personal computers or similar office equipment); (ii) if Tenant shall require electric current which may disrupt the provision of electrical service to other tenants, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises Landlord may refuse to grant its consent or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share may condition its consent upon Tenant’s payment of the cost of installing and providing any additional facilities required to furnish such services excess power to the Premises and Lessee upon the installation in the Premises of electric current meters to measure the amount of electric current consumed, in which latter event Tenant shall pay for the cost of such share meter(s) and the cost of installation, maintenance and repair thereof, as well as for all excess electric current consumed at the rates charged by the applicable local public utility, plus a reasonable amount to Lessor within ten cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (10iii) days of receipt of if Tenant’s increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord’s consent may be conditioned upon Tenant’s requirement to pay such amounts as will be incurred by Landlord to install and operate any invoice thereof. Lessee shall pay all costs caused machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer systemLandlord, including permitsbut not limited to the cost of modifications to the air conditioning system. Landlord shall not, fees and charges levied by in any governmental subdivision way, be liable or responsible to Tenant for any such pollutants loss or solidsdamage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord’s reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's Tenant covenants that at all times its use of electric current shall never exceed the sanitary sewer system. If capacity of the Leased Premises are in a multi- occupancy Buildingfeeders, Lessee shall pay all surcharges levied due to Lessee's use risers or electrical installations of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall If submetering of electricity in the Building will not be permitted under future laws or regulations, the Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the cost to Landlord for furnishing electricity to Tenant in the Premises. Any amounts which Tenant is required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas to Landlord pursuant to this Section 7.01 shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished payable upon demand by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of Landlord and shall constitute additional rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.

Appears in 1 contract

Sources: Office Lease (All American Pet Company, Inc.)

Building Services. Lessor 7.01 Landlord agrees to furnish to the Premises during Building Business Hours (specified in the Basic Lease Information), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water for use in the Base Building lavatories and break room in the Premises; (b) customary heat and air conditioning (“HVAC”) required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours, although Tenant shall have the right to receive HVAC service during hours other than Building Business Hours and (c) access to the Building and Premises for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards. 7.02 Landlord shall provide Tenant with the normal utility service connections Parking Spaces on the terms of the Lease. The current allocation of unreserved parking spaces to Tenant is set forth in the Basic Lease Information. All parking will comply with the terms and conditions of this Lease and applicable Rules and Regulations. The parking privileges granted to Tenant are personal to Tenant. Tenant shall not assign or sublet parking privileges other than in connection with an approved or permitted assignment of this Lease or permitted sublease. Parking Spaces shall be free of charge. 7.03 Landlord agrees, at Landlord’s sole cost, to (a) install Building standard signage identifying Tenant at the entryway to the Premises at Landlord’s sole cost, and (b) provide Tenant, with a listing identifying Tenant in the directory for the Building. Lessee Any requests to change the initial signage and directory listing shall pay directly be at the Tenant’s sole cost. Tenant shall have the right to install signage at its expense on the appropriate supplier existing building monument sign with Landlord’s reasonable approval and consistent with Project standards and applicable signage code. 7.04 Landlord shall have access to all air-cooling, fan, ventilating and machine rooms and electrical closets and all other mechanical installations of Landlord (collectively, the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting"Mechanical Areas"), Lessor and Tenant shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor not construct partitions or other Lessees obstructions which may unreasonably interfere with Landlord's access thereto or the moving of Landlord's equipment to and from the Mechanical Areas. Tenant shall not enter the Mechanical Areas or tamper with, adjust, or otherwise affect the Mechanical Areas or install any supplementary or auxiliary HVAC equipment to serve the Premises without Landlord's prior consent in the Buildingeach instance. Except as set forth herein, Lessor Landlord shall not be required responsible if the normal operation of the Building System providing HVAC to pay for any utility service, supplies the Premises (the "HVAC System") shall fail to provide cooled or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part heated air by reason of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (ia) any abatement machinery or equipment installed by or on behalf of rentTenant, (ii) terminate which shall have an electrical load in excess of the average electrical load set forth in this Lease, or (iiib) be relieved from fulfilling any covenant rearrangement of partitioning or agreement contained hereinother Alterations made or performed by or on behalf of Tenant. Should any malfunction Tenant at all times shall cooperate fully with Landlord and shall abide by the Building Rules and Regulations which Landlord may reasonably prescribe for the proper functioning and protection of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromHVAC System.

Appears in 1 contract

Sources: Lease Agreement (Summit Wireless Technologies, Inc.)

Building Services. Lessor 6.01 Landlord shall provide furnish Tenant with the normal utility following services: (a) municipal water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours, although (i) Tenant shall have the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord’s then-standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord, and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 6.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; (g) standard trash removal and removal of snow, ice and debris from the sidewalks abutting the Building; and (h) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Lessee If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Article 8 below, Tenant shall pay directly to the appropriate supplier Landlord, or such other party designated by Landlord, the cost of all providing such service plus a reasonable administrative charge. 6.02 Electricity used by Tenant in the Premises shall be paid for by Tenant by separate charge billed by the applicable utility services company and payable directly by Tenant. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed 5 ▇▇▇▇▇ per usable square foot, of connected load to operate in the Leased PremisesPremises Tenant’s lighting and equipment normal to office building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including, but not limited to, any required security deposits including the installation of measuring devices such as submeters and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systemscheck meters. If any services are jointly metered with other Leased Premises it is determined that Tenant is using electricity in such quantities or property (during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to exceed the aforesaid standard, Tenant shall pay Landlord Additional Rent for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 6.03 Landlord’s failure to furnish, or any interruption, delay, diminishment or termination of services and Lessee due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (collectively, a “Service Failure”) shall pay such share not render Landlord liable to Lessor within Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a material portion of the Premises, are made untenantable for a period in excess of ten (10) consecutive days as a result of receipt a Service Failure that is reasonably within the control of Landlord to correct and not caused by the negligence or willful misconduct of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants Tenant Related Party or solids other than ordinary human waste into any of Tenant’s vendors, invitees or licensees or otherwise due to the sanitary sewer systemoccurrence of a casualty, including permitscondemnation or an event of Force Majeure, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the eleventh day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 1 contract

Sources: Office Lease Agreement (Bridgeline Software, Inc.)

Building Services. Lessor shall provide the normal utility service connections Standard Building Services: Subject to the Building. Lessee full performance by Tenant of all of Tenant’s obligations under this Lease, Landlord shall furnish the Premises with the standard building services and utilities as set forth in the attached Exhibit D. Additional Services: Tenant agrees to immediately pay on demand all reasonable charges imposed by the Landlord from time to time for all building services and utilities supplied to or used by Tenant in excess of or in addition to those standard building services and utilities which Landlord agrees to provide to Tenant in accordance with Exhibit D. Said excess and additional building services and utilities are referred to as “Additional Services” and Landlord may at any time cause a switch and/or metering system to be installed at Tenant’s expenses (which expense Tenant shall pay directly within 10 business days of receipt of an invoice from Landlord covering the installment cost of such switch or metering system) to measure the appropriate supplier amount of building services, utilities and/or Additional Services consumed by Tenant or used in the Premises. In addition, in the event Tenant desires to contest any charges for Additional Services levied by Landlord under this paragraph 8.2, Tenant may, as its sole remedy, have Landlord install in the Premises a switch and/or metering system. Unless it is determined from the switch and/or metering system that the charges for Additional Services levied by Landlord were excessive in relation to Tenant’s actual use of the Additional Services, the cost of any such switch and/or metering system shall be paid for by Tenant, and Tenant agrees to pay Landlord, within five business days, for all such Additional Services consumed as shown by said meters, at the rates charged for such services by the local public or private utility furnishing the same, if applicable, plus any additional expense incurred by Landlord in keeping records or accounts of the Additional Services so consumed. Landlord’s Right To Cease Providing Services: Landlord reserves the right in its sole and absolute discretion with respect to item (i) and it its reasonable discretion with respect to item (ii) to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services to of the Leased Premises, the Building or the Property, for any or all of the following reasons or causes: any accident, emergency, governmental regulation, or Act of God, including, but not limited to, any required security deposits and initial connection chargecause set forth in paragraph 33.13 of this Lease; or the making of any repairs, all charges for gasadditions, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased alterations or improvements to the Premises or property (for examplethe Property until said repairs, exterior lighting)alterations or improvements shall have been completed. No such interruption, Lessor reduction or cessation of any such building services or utilities shall make a reasonable determination constitute an eviction or disturbance of Lessee's proportionate share Tenant’s use or possession of the cost Premises or Property, or an ejection of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt Tenant from the Premises, or a breach by Landlord of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants of its obligations, or solids other than ordinary human waste into the sanitary sewer systemrender Landlord liable for any damages, including permitsbut not limited to any damages, fees and charges levied by any governmental subdivision for any such pollutants compensation or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of claims arising from any interruption or failure cessation of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee Tenant’s business, or entitle Lessee Tenant to (i) be relieved from any abatement of rent, (ii) terminate its obligations under the Lease, or (iii) be relieved from fulfilling result in any covenant abatement of Rent. In the event of any such interruption, reduction or agreement contained hereincessation, Landlord shall use 11. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use 183335829 v1 reasonable diligence to repair same promptly, but Lessee will not be entitled restore such service where it is within Landlord’s reasonable control to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromdo so.

Appears in 1 contract

Sources: Lease Agreement (Broadvision Inc)

Building Services. Lessor (a) Landlord shall, on Business Days from 8:00 a.m. to ----------------- 6:00 p.m. and on Saturdays from 8:00 a.m. to 1:00 p.m., furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation at an occupancy of not more than one person per 150 square feet of Premises Rentable Area and an electrical load not exceeding 3.0 ▇▇▇▇▇ per square foot of Premises Rentable Area. Landlord has advised Tenant that the Building heating needs are served by a gas-fired Hydrotherm boiler, with hot water fin-tube radiation, and that cooling needs are served by three ▇▇▇▇▇▇ variable rooftop units, which supply VAV boxes serving the Premises. Landlord reserves the right to modify the Building system from time to time, provided that the service to the Premises, as hereinabove stated, is not diminished. If Tenant shall require air conditioning, heating or ventilation outside the hours and days above specified, Landlord may furnish such service and Tenant shall pay therefor such charges as may from time to time be in effect (which shall be computed using Landlord's actual cost plus a reasonable administrative charge). Landlord and Tenant acknowledge that, as part of Tenant's initial improvements in the Premises, Tenant is installing, at its cost, a Liebert cooling system to provide supplemental cooling in Tenant's computer room, which system shall constitute a part of Tenant's Removable Property as described on Exhibit F. Tenant shall be solely responsible for the normal utility repair and maintenance of such system and equipment, and the cost of electricity therefor shall be paid by Tenant in accordance with a separate check meter to be installed therefor. Without limiting the foregoing, in the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system's ability to perform adequately its proper functions, supplementary systems may, if and as needed, at Landlord's option, be provided by Landlord, at Tenant's expense. (b) Landlord shall also provide: (i) Passenger elevator service connections from the existing passenger elevator system in common with Landlord and other tenants in the Building. (ii) Warm water for lavatory purposes and cold water (at temperatures supplied by the city in which the Property is located) for drinking, lavatory and toilet purposes. If Tenant uses water for any purpose other than for ordinary lavatory and drinking purposes, Landlord may assess a reasonable charge for the additional water so used, or install a water meter and thereby measure Tenant's water consumption for all purposes. In the latter event, Tenant shall pay the cost of the meter and the cost of installation thereof and shall keep such meter and installation equipment in good working order and repair. Tenant agrees to pay for water consumed, as shown on such meter, together with the sewer charge based on such meter charges, as and when bills are rendered, and in default in making such payment Landlord may pay such charges and collect the same from Tenant as an additional charge. (iii) Cleaning and janitorial services to the Premises, provided the same are kept in order by Tenant, substantially in accordance with the cleaning standards from time to time in effect for the Building. (iv) Free access to the Premises on Business Days from 8:00 a.m. to 6:00 p.m., and at all other times subject to security precautions from time to time in effect, and subject always to restrictions based on emergency conditions. (c) Landlord or Agent may from time to time, but shall not be obligated to, provide one or more uniformed attendants in or about the lobby of the Building. Lessee Unless Landlord expressly agrees otherwise in writing, such attendant(s) shall pay directly to serve functions such as assisting visitors and invitees of tenants and others in the appropriate supplier the cost of all utility Building, monitoring fire control and alarm equipment, and summoning emergency services to the Leased PremisesBuilding as and when needed. Tenant expressly acknowledges and agrees that: (i) such attendants shall not serve as police officers, includingand will be unarmed, but and will not limited tobe trained in situations involving potentially physical confrontation; and (ii) if provided, such attendants will be provided solely as an amenity to tenants of the Building for the sole purposes set forth above, and not for the purpose of securing any required security deposits and initial connection chargeindividual tenant premises or guaranteeing the physical safety of Tenant's Premises or of Tenant's employees, all charges for gasagents, electricity, telephone, water, sanitary and storm sewer service and security systemscontractors or invitees. If any services are jointly metered with other Leased and to the extent that Tenant desires to provide security for the Premises or property (for examplesuch persons or their property, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Tenant shall be responsible for the installation so doing, after having first consulted with Landlord and maintenance of any dilution tanksafter obtaining Landlord's consent, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor which shall not be required to pay for unreasonably withheld. Landlord expressly disclaims any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services and all responsibility and/or liability for the common areas shall be part physical safety of Operating Expenses. Lessee agrees Tenant's property, and for that Lessor is not liable to Lessee of Tenant's employees, agents, contractors and invitees, and, without in any respect way limiting the operation of Article X hereof, Tenant, for damages to either personitself and its agents, property contractors, invitees and employees, hereby expressly waives any claim, action, cause of action or business on account other right which may accrue or arise as a result of any interruption damage or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities injury to the Leased Premises person or Building (which by definition do not include property of Tenant or any improvements such agent, invitee, contractor or facilities of Lessee above Building standard improvements) occur for any reasonemployee. Tenant agrees that, Lessor shall use reasonable diligence as between Landlord and Tenant, it is Tenant's responsibility to repair same promptlyadvise its employees, but Lessee will not be entitled agents, contractors and invitees as to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromnecessary and appropriate safety precautions.

Appears in 1 contract

Sources: Lease (Peritus Software Services Inc)

Building Services. Lessor 7.01. Landlord shall provide furnish Tenant with the normal utility following services: (a) water for use in the lavatories; (b) customary heat and air conditioning in season during Building Service Hours, although (i) Tenant shall have the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord’s then current charge for additional HVAC service plus an administrative charge not to exceed 5% and providing such prior notice to Landlord as is reasonably specified by Landlord (which may be verbal notice to a building manager), and (ii) subject to Landlord’s approval of plans and specifications as provided in Section 9.03 and Exhibit C, Tenant shall be permitted to connect any supplemental HVAC units to the Building. Lessee ’s condenser water loop or chilled water line (if any) to the extent such loop or line has capacity for additional connections, and Landlord shall have the right to charge Tenant for any actual costs and expenses (without markup by Landlord) in connection with any such connections and/or usage; (c) standard janitorial service on Business Days in accordance with Landlord’s standard cleaning specifications then in effect for the Building or at such additional times as Tenant shall request, provided that if Tenant’s use, floor covering or other improvements require special services in excess of the standard services for the Building (and for purposes of this Lease, cleaning a kitchen or private bathroom [among other things] shall be deemed to be special services) or if Tenant’s trash requires special handling (including, without limitation, because of its size or volume or because it cannot be disposed of in the ordinary course), Tenant shall pay directly the additional reasonable out-of-pocket cost actually incurred by Landlord attributable to such special services or special handling, which payment shall be made monthly if the services are regularly recurring services and otherwise within thirty (30) days after receipt of an invoice therefor; (d) passenger elevator service and freight elevator service and any loading area available for Tenant’s use, and if Tenant uses such freight elevator or loading dock after Building Service Hours, Tenant shall pay Landlord’s actual cost for such use plus an administrative charge not to exceed 5%; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the appropriate supplier the cost of all utility services Building for Tenant and its employees 24 hours per day/7 days per week, subject to the Leased Premisesterms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or use of card keys, but in all events subject to Section 7.06 below; and (g) subject to Section 7.06 below, such other services as Landlord reasonably determines are necessary or appropriate for the Property. Tenant acknowledges that the additional costs Tenant is obligated to pay for services outside of Building Service Hours may include minimum charges incurred by Landlord to provide such service for periods longer than actually requested by Tenant. Without limiting the generality of the foregoing, by way of example only, Tenant may request freight elevator service for 1 hour beyond Building Service Hours, but if Landlord must incur a minimum charge of union labor for 4 hours in order to provide such 1 hour of requested service, Tenant shall reimburse Landlord for the minimum charge of 4 hours (plus an administration fee if applicable). Notwithstanding anything contained in this Lease to the contrary, if Baxter assumes the obligations of Landlord with respect to management of the Building in accordance with Section IV of Exhibit F, Tenant shall not limited tobe charged any administrative fees by or on account of Landlord as provided in clauses (b) and (d) of this Section 7.01. Tenant shall participate in any recycling programs adopted by Landlord. Tenant shall (i) obtain, at Tenant’s sole cost and expense, any services that are required security deposits for Tenant to operate its business in the Premises and initial connection chargethat are not Landlord’s express responsibility under this Lease and (ii) pay, prior to delinquency, for all charges for gassuch services, electricityand if Tenant fails to timely do so, telephoneLandlord may, water, sanitary at its option (and storm sewer service and security systems. If without any services are jointly metered with other Leased Premises or property (for example, exterior lightingobligation to investigate the validity of the amounts due), Lessor do so and Tenant shall make a reasonable determination of Lessee's proportionate share of reimburse Landlord therefor (plus interest at the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt Interest Rate until paid, including after the entry of any invoice thereofjudgment) upon demand. Lessee Landlord shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into have the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision right to designate the service provider for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanksservices, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer systemsubject to Section 7.06 below. If the Leased Premises Landlord, at Tenant’s request, elects to provide any services which are in a multi- occupancy Buildingnot Landlord’s express obligation under this Lease, Lessee including, without limitation, any repairs which are Tenant’s responsibility pursuant to Article 9 below, Tenant shall pay all surcharges levied due Landlord, or such other party designated by Landlord, the actual, out-of-pocket cost of providing such service plus, to Lessee's use the extent permitted by applicable Laws, a reasonable administrative charge not to exceed 5% of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in cost. Notwithstanding anything to the Building. Except as set forth contrary contained herein, Lessor (1) Tenant shall not be required to pay any charges for the following used prior to the applicable Commencement Date for each space constituting the Premises in connection with construction of the Initial Alterations: freight elevator(s), HVAC or water; and (2) Tenant shall not be required to pay any electrical charges used in connection with construction of the Initial Alterations prior to (A) with respect to Space 1, Space 3 and Space 6, the earlier of the date on which Tenant commences beneficial use of Space 1, Space 3 and Space 6, respectively, and the Space 1, Space 3 and Space 6 Commencement Date, (B) with respect to Space 2, the Space 2 Commencement Date, (C) with respect to Space 4, the Space 4 Commencement Date, and (D) with respect to Space 5, the Space 5 Commencement Date. 7.02. Subject to the provision below with respect to excess electrical usage, electricity and water used by Tenant in the Premises shall be paid for by Tenant: (a) through inclusion in Expenses with respect to water and all electricity usage other than for lighting and outlets in the Premises; or (b) by separate charge billed by the applicable utility company and payable directly by Tenant with respect to electricity for lighting and outlets in the Premises. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed the Building capacity, per square foot, as reasonably determined by Landlord, based upon the Building standard electrical design load. If Landlord charges Tenant a separate charge for electricity or water, Landlord shall have the right to measure usage of such utility by any commonly accepted method, including, without limitation, installing (or requiring Tenant to install) measuring devices such as submeters and check meters, at Tenant’s expense. The cost of electricity and water to be paid by Tenant shall include all federal, state and local taxes imposed upon or payable in connection with utility services. To the extent utility charges to the Premises are not billed directly to Tenant, Landlord shall include the cost thereof in Expenses without any markup. 7.03. Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) or any other cause (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Without limiting the foregoing, Tenant agrees that Landlord shall not be liable to Tenant for any utility serviceloss or damage, supplies including the theft of Tenant’s Property, arising out of or upkeep in connection with the Leased failure of any security services, personnel or equipment. However, if the Premises, or a material portion of the Premises, are made untenantable for a period in excess of 7.04. If any lights, machines, equipment or methods or operation are used by Tenant in the Premises which materially affect the temperature otherwise maintained by the HVAC system of the Building or generate substantially more heat in the Premises than would be generated by lighting standard to the Building and normal tenant use, Landlord shall have the right to install any machinery and equipment which Landlord deems necessary to restore the temperature balance in any affected part of the Building. Utility The reasonable, out-of-pocket cost thereof, including the cost of installation and any additional cost of operations and maintenance occasioned thereby, shall be paid by Tenant to Landlord within thirty (30) days after written demand therefor. 7.05. Tenant agrees to cooperate fully, at all times, with Landlord in abiding by all reasonable regulations and requirements which Landlord may prescribe to conserve energy related services or for the common areas proper functioning and protection of all utilities and services reasonably necessary for the operation of the Premises and the Building. 7.06. Provided the Lease has not been assigned (other than pursuant to a Permitted Transfer or Baxalta Transfer): (a) Notwithstanding the terms of Section 7.01(f), subject to Landlord’s reasonable consent and prior review and approval of any applicable plans and specifications (which consent shall not be unreasonably withheld, conditioned or delayed), Tenant shall have the right, from time to time, to establish and implement reasonable security procedures and policies upon at least sixty (60) days prior notice to Landlord, and to install reasonable security features, such as alarm systems, gates and fencing at the Property (collectively, “Security System”). The cost of implementing such procedures and policies shall be part included in Expenses if provided by Landlord at the request of Operating ExpensesTenant. Lessee agrees that Lessor is not liable If Tenant exercises its right to Lessee install the Security System, Tenant shall install the Security System pursuant to Section 9.03, and the cost of installation shall be paid directly by Tenant to the contractors performing the work in any respect for damages accordance with Section 9.03. In addition, if Tenant exercises its right to either personinstall the Security System, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to then thereafter, (i) any abatement Tenant shall keep and maintain the Security System in good working order, condition and repair throughout the Term of rentthis Lease at Tenant’s sole cost, (ii) terminate the installation, maintenance, use and operation of the Security System shall comply with all applicable Laws and the terms of this Lease, or and (iii) Tenant shall provide Landlord with key cards or access codes, as applicable, to permit Landlord access to the Property and the Premises, subject to Article 10 and the other terms of this Lease. Tenant acknowledges and agrees that, if Tenant exercises its right to install the Security System, the use, installation, operation, maintenance and repair thereof shall be relieved at Tenant’s sole risk and Landlord shall have no liability whatsoever in connection therewith. Tenant hereby waives any and all claims against Landlord for any damages arising from fulfilling Tenant’s exercise of its rights under this Section 7.06(a). Furthermore, Tenant agrees to indemnify, defend and hold Landlord and the Landlord Related Parties (as defined in Article 13) harmless from and against any covenant and all Claims (as defined in Article 13) arising in any manner from implementation of procedures and policies requested by tenant and from Tenant’s installation, operation (including, without limitation, the failure to operate), use, repair or agreement contained herein. Should any malfunction maintenance of the improvements Security System. At the expiration or facilities earlier termination of this Lease or Tenant’s right of possession, Tenant shall, at Landlord’s option, remove the Security System from the Property and restore the affected portions of the Property to the Leased Premises condition which existed prior to the installation of the Security System. (b) Upon request by Tenant at least ninety (90) days prior to Tenant’s desired effective date, Tenant, at its sole cost, may provide security services for the Property through its own personnel or Building (personnel engaged by Tenant directly, in which event Landlord shall no longer provide the services, if any, described in Section 7.01(f) above, provided such security services furnished by definition do Tenant are reasonably satisfactory to Landlord, and the costs of the services, if any, described in Section 7.01(f) above, to the extent no longer provided, shall not include be included in Expenses. If Tenant so elects to provide security services, Tenant waives any improvements or facilities of Lessee above Building standard improvements) occur and all claims against Landlord for any reasondamages arising from Tenant’s exercise of its rights under this Section 7.06(b). Furthermore, Lessor Tenant agrees to indemnify, defend and hold Landlord and the Landlord Related Parties harmless from and against any and all Claims arising in any manner from Tenant’s provision of security services for the Property (including, without limitation, any failure to provide such services). The foregoing shall use reasonable diligence not affect Tenant’s obligation to repair same promptlyassume certain security functions as described and under the conditions set forth in Section 9.04. (c) To the extent Tenant exercises any of its rights in this Section 7.06 prior to the date on which Landlord delivers Space 2, but Lessee will Space 4 or Space 5 to Tenant, Tenant shall not unreasonably interfere with access of Barilla or Milliman to their respective premises 24 hours per day, 7 days per week. Tenant, at its cost, shall furnish Barilla and Milliman with a sufficient number, as determined by Barilla and Milliman, respectively, of key cards, fobs and/or any other devices necessary to gain access to the Building and the Property and installed by Tenant. 7.07. During the Term of this Lease, Tenant shall be entitled to any claim for rebate or abatement use Tenant’s Pro Rata Share of rent or damages on account all parking areas at the Property (including, without limitation, the indoor parking areas). Tenant’s use of such malfunction or parking areas shall be subject to the terms of any interruptions in service occasioned thereby or resulting therefrom.Exhibit H.

Appears in 1 contract

Sources: Office Lease Agreement (Baxalta Inc)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours, although Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord; (c) standard janitorial service on Business Days; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant either: (a) through inclusion in Expenses (except as provided for excess usage); (b) by a separate charge payable by Tenant to Landlord; or (c) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant’s use of electrical service connections shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard October 20, 2005 Matter ID Number: 22124 3 for the Building. Lessee Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity. Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges Landlord Additional Rent for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereofequipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused by Lessee introducing excessive pollutants However, if the Premises, or solids other than ordinary human waste into a material portion of the sanitary sewer systemPremises, including permitsare made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the 4th consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 1 contract

Sources: Office Lease Agreement (Digital Music Group, Inc.)

Building Services. Lessor Landlord shall provide electricity for Tenant during the normal utility service connections Term of this Lease in an amount equal to 8 ▇▇▇▇▇ per square foot of Net Rentable Area on an annualized basis. In addition to the Building. Lessee shall pay directly Tenant Improvement Allowance (as such term is defined in Section 5.3 hereof), Landlord agrees to the appropriate supplier expend up to an additional $12,500.00 of the cost of bringing electrical service to the Leased Premises up to 8 ▇▇▇▇▇ per square foot of Net Rentable Area. Any cost in excess of such amount necessary to bring the electrical service to the Leased Premises up to such standard shall be borne by Tenant. Tenant shall pay all utility services telephone charges. Landlord shall furnish Tenant hot and cold water at those points of supply provided for general use of other tenants in the Building, elevator service, central heating and air conditioning in season (at times, and at temperatures set forth in Exhibit D attached hereto and made a part hereof for all purposes). Landlord shall also provide routine maintenance, painting, electric lighting service (including light bulb and ballast replacement), window and Building Common Areas cleaning (with window cleaning to occur at least once every six (6) months), the maintenance of existing card key access system and security patrol in accordance with the following paragraph. During the Term, Landlord shall provide patrol procedures which shall in no event be less than the procedures currently employed by Landlord for the Building and/or the Project. In addition, Tenant shall have the right to install, at Tenant's sole cost and expense, a card-key access system regulating entry into the Leased Premises, including, but not limited to, any required security deposits which shall be connected with Landlord's card-key system into the Building for all public areas and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer special service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share areas of the cost Building in the manner and to the extent standard for comparable office buildings in the surrounding area. Landlord may, in its sole discretion, provide additional services not enumerated herein. Failure by Landlord to any extent to provide these defined services or any other services not enumerated, or any cessation thereof, shall not render eviction of such services and Lessee shall pay such share to Lessor within ten (10) days Tenant, work an abatement of receipt Rent or relieve Tenant from fulfillment of any invoice thereofcovenant in this Lease. Lessee shall pay all costs caused by Lessee introducing excessive pollutants Should any of the equipment or solids other than ordinary human waste into the sanitary sewer systemmachinery break down, including permits, fees and charges levied by any governmental subdivision or for any such pollutants or solids. Lessee cause cease to function properly, Landlord shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence its best efforts to repair the same promptlyand cause a resumption of such services as quickly as reasonably possible. No such In the event there is interruption of HVAC, electricity, water or failure may be construed as an eviction elevator service which has a material adverse effect on Tenant's use and enjoyment of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building and such interruption continues for a period of four (which 4) consecutive business days after Landlord receives written notice of such interruption, all Base Rental, Additional Rental and other sums payable by definition do not include any improvements or facilities Tenant to Landlord hereunder shall ▇▇▇▇▇ in full until such time as such services are fully resumed. In addition, in the event such interruption continues for a period of Lessee above Building standard improvementsthirty (30) occur for any reasonconsecutive days, Lessor Tenant shall use reasonable diligence to repair same promptlyhave the right, but Lessee will not the obligation, to terminate this Lease upon written notice to Landlord delivered at any time prior to the full resumption of such services. If Tenant terminates this Lease pursuant to the preceding sentence, Tenant shall be entitled to occupy the Leased Premises for a period of twenty (20) days thereafter to -11- Tenant Initials /s/ SEO ------- Landlord Initials /s/ AN ------- allow for the acquisition by Tenant of alternate space and the relocation of Tenant's property to such space, without the payment of Base Rent, Additional Rental or any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromother sums.

Appears in 1 contract

Sources: Lease Agreement (Mission Critical Software Inc)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal utility following services: (a) water for use in the Base Building lavatories and any portions of the Premises plumbed as of the date of this Lease; (b) customary heat and air conditioning in season during Building Service Hours, although Tenant shall have the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service, reflecting Landlord’s actual costs of supplying such services, and providing such prior notice as is reasonably specified by Landlord. Landlord agrees that any increases in such charge for after-hours HVAC service shall be limited to increases in Landlord’s actual costs of supplying the after-hours HVAC services. For purposes of computing such actual costs, it shall be assumed, whether or not same is the case, that no other tenants in the Building are purchasing after-hours HVAC service during the same hours Tenant is purchasing such service; (c) standard janitorial service on Business Days; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property and customary for comparable office buildings in the San Jose, California area. 7.02 Electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion in Expenses (except as provided for excess usage). Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Lessee Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges Landlord Additional Rent for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). No surcharge beyond Landlord’s usual administrative expenses shall be included in Expenses with regard to dividing electrical costs between tenants of the Building. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereofequipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused by Lessee introducing excessive pollutants However, if the Premises, or solids other than ordinary human waste into a material portion of the sanitary sewer systemPremises, including permitsare made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the 4th consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 1 contract

Sources: Office Lease Agreement (Magma Design Automation Inc)

Building Services. Lessor shall provide the normal utility service connections As long as Tenant is not in monetary default ----------------- under this Lease, Landlord agrees to furnish or cause to be furnished to the BuildingPremises, the following utilities and services, subject to the conditions and standards set forth herein: (A) Non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and other tenants and occupants and their agents and invitees. (B) During Business Hours, such air conditioning, heating and ventilation as in Landlord's reasonable judgment, are required for the comfortable use and occupancy of the Premises; provided, however, that if Tenant shall require heating, ventilation or air conditioning in excess of that which Landlord shall be required to provide hereunder. Lessee Landlord may provide such additional heating, ventilation or air conditioning at such rates and upon such additional conditions as shall be determined by Landlord from time to time. (C) Water for drinking and rest room purposes. (D) Reasonable janitorial and cleaning services, provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant. If the Premises are not used exclusively as offices, Landlord, at Landlord's sole discretion, may require that the Premises be kept clean and in order by Tenant, at Tenant's expense, to the satisfaction of Landlord and by persons approved by Landlord; and, in all events, Tenant shall pay directly to the appropriate supplier Landlord the cost of all utility services removal of Tenant's refuse and rubbish, to the Leased Premisesextent that the same exceeds the refuse and rubbish attendant to normal office usage. (E) At all reasonable times, includingelectric current as required for building standard lighting and fractional horsepower office machines; provided, but however, that: (i) without Landlord's consent, Tenant shall not limited toinstall, or permit the installation, in the Premises of any required security deposits and initial connection chargecomputers, all charges for gasword processors, electricityelectronic data processing equipment or other type of equipment or which will increase Tenant's use of electric current in excess of that which Landlord is obligated to provide hereunder (provided, telephonehowever, waterthat the foregoing shall not preclude the use of personal computers or similar office equipment); (ii) if Tenant shall require electric current which may disrupt the provision of electrical service to other tenants, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises Landlord may refuse to grant its consent or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lesseemay condition its consent upon Tenant's proportionate share payment of the cost of installing and providing any additional facilities required to furnish such services excess power to the Premises and Lessee upon the installation in the Premises of electric current meters to measure the amount of electric current consumed, in which latter event Tenant shall pay for the cost of such share meter(s) and the cost of installation, maintenance and repair thereof, as well as for all excess electric current consumed at the rates charged by the applicable local public utility, plus a reasonable amount to Lessor within ten cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (10iii) days of receipt of if Tenant's increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord's consent may be conditioned upon Tenant's requirement to pay such amounts as will be incurred by Landlord to install and operate any invoice thereof. Lessee shall pay all costs caused machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer systemLandlord, including permitsbut not limited to the cost of modifications to the air conditioning system. Landlord shall not, fees and charges levied by in any governmental subdivision way, be liable or responsible to Tenant for any such pollutants loss or solidsdamage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord's reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's Tenant covenants that at all times its use of electric current shall never exceed the sanitary sewer system. If capacity of the Leased Premises are in a multi- occupancy Buildingfeeders, Lessee shall pay all surcharges levied due to Lessee's use risers or electrical installations of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall If submetering of electricity in the Building will not be permitted under future laws or regulations, the Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the cost to Landlord for furnishing electricity to Tenant in the Premises. Any amounts which Tenant is required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas to Landlord pursuant to this Section 7.1 shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished payable upon demand by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of Landlord and shall constitute additional rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrom.

Appears in 1 contract

Sources: Office Lease (Internet Capital Group Inc)

Building Services. Lessor As long as Tenant is not committing an Event of Default under this Lease, Landlord agrees to furnish or cause to be furnished, subject to the provisions of this Lease, as part of Operating Expenses to the Premises, the following utilities and services, subject to the conditions and standards set forth herein: 8.1.1 Non-attended automatic elevator service. 8.1.2 Subject to all governmental Laws, rules, regulations and guidelines applicable thereto, HVAC to the Premises, which in Landlord’s good faith judgment, is required for the comfortable use and occupancy of the Premises from 7:00 A.M. to 9:00 P.M. Monday through Friday and 8:00 A.M. to 3:00 P.M. on Saturday (collectively, the “Business Hours”), except for the date of observation of New Year’s Day, Independence Day, Labor Day, Memorial Day, Thanksgiving Day, and Christmas Day, and at Landlord’s discretion, other state and nationally recognized holidays selected by Landlord which are consistent with Institutional Owner Practices (collectively, the “Holidays”); provided, however, that if Tenant desires to use HVAC during hours (“Non-Business Hours”) other than Business Hours (“After Hours HVAC”), Tenant shall provide the normal utility service connections Landlord with prior written notice (which at a minimum shall be 24 hours’ written notice for weekday use (and written notice prior to the Building12 Noon on Friday for weekend use) of Tenant’s desired After Hours HVAC use and upon such additional conditions as shall be determined by Landlord from time to time. Lessee Tenant shall pay directly to Landlord Landlord’s then prevailing charges (the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges “After Hours HVAC Rate”) for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of supplying such services and Lessee shall pay such share to Lessor After Hours HVAC within ten (10) days of receipt of any invoice thereofa reasonably detailed ▇▇▇▇ therefor. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee Tenant shall be responsible for and shall pay to Landlord any additional costs (including, without limitation, the costs of installation of additional HVAC equipment) incurred by Landlord because of the failure of the HVAC system to perform its function due to arrangement of partitioning in the Premises or changes or alterations thereto or from any use by Tenant of heat-generating machinery or equipment other than normal office equipment, including small photocopying machines and maintenance personal computers not linked to a central mainframe at the Premises. 8.1.3 At all reasonable times, electric current as required for Building Standard lighting and fractional horsepower office machines and adequate electrical wiring and facilities for connection to the lighting fixtures and incidental use equipment of Tenant; provided, however, that notwithstanding any provision of this Lease to the contrary the total connected electrical load for all of the incidental use equipment located in the Premises shall in no case exceed an average of two and one-half (2.5) ▇▇▇▇▇ per usable square foot of the Premises during Business Hours, with the electricity so furnished for incidental use equipment to be at a nominal one hundred twenty (120) volts and with no electrical circuit for the supply of such equipment to require a current capacity exceeding twenty (20) amperes, and the total connected electrical load for Tenant’s lighting fixtures within the Premises shall in no case exceed Landlord’s per usable square foot Business Hours standard, and the electricity so furnished for Tenant’s lighting to be at a nominal one hundred twenty (120) volts. Without Landlord’s consent, Tenant shall not install, or permit the installation, in the Premises of any dilution tankscomputers, holding tanksword processors, settling tankselectronic data processing equipment or other type of equipment or machines which will increase Tenant’s use of electric current in excess of that which Landlord is obligated to provide pursuant to this Section 8.1.3 (“Excess Electrical Requirements”). If Tenant shall require or utilize Excess Electrical Requirements or electric current which may disrupt the provision of electrical service to other tenants in the Building or the Project, sewer sampling devicesLandlord, sand trapsat its election (i) may refuse to grant its consent or (ii) may condition its consent upon Tenant’s payment in advance of Landlord’s total direct and indirect cost (including, grease traps or similar devices as may without limitation, a reasonable administration fee) of designing, installing, maintaining and providing any additional facilities determined by Landlord to be required to satisfy such Excess Electrical Requirements (or otherwise related to the additional wear on Building Systems associated therewith). If Tenant’s actual electricity consumption for any portion of the Premises, as determined in good faith by any governmental subdivision for Lessee's Landlord pursuant to such measurement method or methods as Landlord shall employ from time to time (including, without limitation, the use of submeters and/or pulse meters, electrical surveys and/or engineer’s estimates) exceeds Landlord’s nondiscriminatory standard for excess electrical consumption for any reasonable calculation period determined by Landlord, Tenant shall pay to Landlord, as Additional Rent, the sanitary sewer systemsum of (a) Landlord’s actual direct and indirect costs of supplying such excess consumption, including, without limitation, all taxes thereon, and the cost of additional wear on Building Systems resulting from such excess consumption, (b) all of Landlord’s costs of monitoring and measuring such excess consumption and (c) Landlord’s reasonable administration fee. If Tenant’s increased electrical requirements will materially affect the Leased temperature level in the Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building, Landlord’s consent may be conditioned upon Tenant’s payment of all direct and indirect costs of installation and operation of any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, including, but not limited to, the cost of modifications to the Building Systems and increased wear and tear on existing HVAC equipment. Except as set forth hereinLandlord shall not, Lessor in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord’s reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Building or the Project. 8.1.4 City water for drinking and rest room purposes. 8.1.5 Janitorial and cleaning services conforming to the Landlord’s Project standards in effect from time to time (which shall be consistent with Institutional Owner Practices), provided that the Premises are used exclusively for office purposes and are kept reasonably in order by Tenant. Landlord shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility provide janitorial services for portions of the common areas Premises used for preparing or consuming food or beverages, for storage, as a mailroom, or for a lavatory (other than the Common Area lavatory rooms) other than normal “light” janitorial services such as emptying of waste containers, standard vacuuming, mopping and sweeping. Landlord shall not be responsible for more extensive lunch room cleaning such as the washing of dishware or cleaning any refrigerator located therein. In all events, Tenant shall pay to Landlord the cost of removal of Tenant’s refuse and rubbish, to the extent that the same exceeds the refuse and rubbish attendant to normal office usage. Any amounts which Tenant is required to pay to Landlord pursuant to this Section 8.1 shall be part of Operating Expensespayable upon demand by Landlord and shall constitute Additional Rent. Lessee agrees that Lessor is not liable From time to Lessee in any respect for damages time during the Term, Landlord shall have the right to either person, property or business on account of any interruption or failure of utilities or modify the services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No Tenant hereunder; provided such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefrommodified services are consistent with Institutional Owner Practices.

Appears in 1 contract

Sources: Loan Agreement (MPG Office Trust, Inc.)

Building Services. Lessor (a) Landlord shall, on Business Days (except Saturdays) from 8:00 a.m. to 6:00 p.m. (and on Saturdays from 9:00 a.m. to 1:00 p.m.), furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation at an occupancy of not more than one person per 150 square feet of usable floor space. If Tenant shall provide require air conditioning, heating or ventilation outside the normal hours and days above specified, Landlord shall furnish such service and Tenant shall pay to Landlord therefor such charges as may from time to time be in effect. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system's ability to perform adequately its proper functions, or which affects the temperature otherwise maintained by the air conditioning system, supplementary systems may, if and as needed, at Landlord's option, be provided by Landlord, at Tenant's expense. (b) Landlord shall also provide: (i) Hot water for lavatory purposes and cold water (at temperatures supplied by the utility service connections to supplying same) for drinking, lavatory and toilet purposes. If Tenant uses water for any purposes other than for ordinary lavatory and drinking purposes, Landlord may assess a reasonable charge for the Buildingadditional water so used, or install a water meter and thereby measure Tenant's water consumption for all purposes. Lessee In the latter event, Tenant shall pay directly to the appropriate supplier the cost of all utility the meter and the cost of installation thereof and shall keep such meter and equipment in good working order and repair. Tenant agrees to pay for water consumed, as shown on such meter, together with the sewer charge based on such meter charges, as and when bills are rendered, and in the event of any default in making such payment Landlord may pay such charges and collect the same from Tenant as an additional charge. (ii) Cleaning and janitorial services to the Leased Premises, includingprovided the same are kept in order by Tenant, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered in accordance with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as cleaning standards set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or Exhibit E attached hereto. (iii) be relieved Passenger elevator service from fulfilling any covenant or agreement contained herein. Should any malfunction the existing passenger elevator system, for use by Tenant in common with Landlord and other tenants of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromBuilding.

Appears in 1 contract

Sources: Standard Office Lease (Physicians Quality Care Inc)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal utility following services: (a) water for use in the Base Building lavatories and water provided to the Premises for use in the lavatories and any other plumbing facilities located in the Premises; (b) customary heat and air conditioning in season during Building Service Hours in accordance with the specifications attached hereto as Exhibit G (provided, however, that Landlord shall not be liable for any failure to maintain the temperature within the Premises in accordance with such specifications to the extent such failure results from Tenant’s failure to keep the window coverings in the Premises closed during periods when the Premises is exposed to direct sunlight) or otherwise as required by governmental authority, although Tenant shall have the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which charge Landlord represents is, as of the date of this Lease, $30.00 per hour, subject to change from time to time based solely upon Landlord’s actual costs and reasonable wear and tear) and providing such prior notice as is reasonably specified by Landlord; (c) standard janitorial service on Business Days, including those services listed on Exhibit H attached hereto, in a manner customarily performed within the janitorial industry in office buildings of similar age, size, class and composition as the Building in the Seattle central business district, or such other reasonably comparable janitorial services designated by Landlord from time to time; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; (g) security to the Building (which may be provided through a security system involving any one or a combination of cameras, monitoring devices or guards, sign-in or identification procedures or other comparable system); and (h) such other services as Landlord reasonably determines are necessary or appropriate for the Property. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant through inclusion in Expenses (except as provided for excess usage). Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Lessee For purposes hereof, with respect to overall load, the “electrical standard” for the Building is: (i) a design load of 1.2 ▇▇▇▇▇ per square foot of net useable floor area for all building standard overhead lighting located within the Premises which requires a voltage of 480/277 volts; and (ii) a connected load of 3.3 ▇▇▇▇▇ per square foot of net useable area for all equipment located and operated within the Premises which requires a voltage of 120/208 volts single phase or less, it being understood that electricity required to operate the Base Building HVAC system is not included within or deducted from such 3.3 ▇▇▇▇▇ per square foot described in this clause (ii). Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges Landlord Additional Rent for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereofequipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused by Lessee introducing excessive pollutants However, if the Premises, or solids other than ordinary human waste into a material portion of the sanitary sewer systemPremises, including permitsare made untenantable for a period in excess of 2 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the 3rd consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored to extent necessary to render the Premises (or the applicable portion thereof) tenantable. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 1 contract

Sources: Office Lease Agreement (Safeco Corp)

Building Services. Lessor Landlord shall provide furnish Tenant with the normal utility following services: (a) water for use in the Base Building restrooms; (b) customary heat and air conditioning in season during Building Service Hours; (c) standard janitorial service connections for the office portions of the Premises on Business Days (it being acknowledged and agreed that Tenant shall be solely responsible for all cleaning with respect to the Lab Space as provided in Section 9.01); (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may from time to time impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. In addition, Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord. As of the Effective Date, Landlord’s standard charge for additional HVAC service is $64.00 per hour during warm weather months (generally commencing as of June 1st) and $47.00 per hour during cold weather months (generally commencing as of October 1st ). If Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord. Lessee shall pay directly Notwithstanding anything to the appropriate supplier contrary, Landlord agrees that, throughout the Term of this Lease, 20 tons of condenser water will be available for the 16th Floor Premises and 5 tons of condenser water will be available for the 17th Floor Premises, provided that Tenant will be responsible, at Tenant’s sole cost and expense, for the installation, operation and maintenance of all utility services any condenser water pump(s) to the Leased Premisesextent Tenant determines such pump(s) are necessary to maintain flow requirements. If, at Tenant’s request, Landlord, or an affiliated or third party service provider, provides any services that are not Landlord’s express obligation under this Lease, including, but not limited towithout limitation, any required security deposits and initial connection chargerepairs which are Tenant’s responsibility pursuant to Section 9 below, all charges for gas, electricity, telephone, water, sanitary and storm sewer Tenant shall pay to the applicable service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of provider the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in plus a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromadministrative charge.

Appears in 1 contract

Sources: Office Lease Agreement (Haemonetics Corp)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours, although Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord; (c) standard janitorial service on Business Days; (d) electricity in accordance with the terms and conditions in Section 7.02; (e) access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (f) such other services as Landlord reasonably determines are necessary or appropriate for the Property. As of the date hereof, Landlord’s charge for after hours heating and air conditioning service is $47.00 per hour, which amount is representative of Landlord’s actual cost of providing after hours heating and air conditioning service (taking into consideration (i) depreciation of the equipment used in connection therewith and (ii) as a result of certain services being separately metered, those costs that Tenant has or will pay for such after hours heating and air conditioning service) and which cost is subject to change from time to time. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant either: (a) through inclusion in Expenses (except as provided for excess usage); (b) by a separate charge payable by Tenant to Landlord; or (c) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant’s use of electrical service connections shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Lessee Landlord shall pay directly have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the appropriate supplier application of Laws, the cost failure of all any equipment, the performance of repairs, improvements or alterations, utility services interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the Leased obligation to fulfill any covenant or agreement. However, if the Premises, including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share material portion of the cost Premises, are made untenantable for a period in excess of such services and Lessee shall pay such share 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer systemcorrect, including permitsthen Tenant, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the 4th consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 1 contract

Sources: Lease Agreement (Giga Tronics Inc)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal utility following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours, although (i) Tenant shall have the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord, and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) elevator service; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building for Tenant and its employees twenty-four (24) hours per day, seven (7) per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Lessee If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay directly to the appropriate supplier Landlord, or such other party designated by Landlord, the cost of all utility services providing such service plus a reasonable administrative charge. 7.02 Electricity used by Tenant in the Premises shall be paid for by Tenant by a separate monthly charge payable by Tenant to Landlord as estimated by Landlord (and reconciled annually). Without the Leased Premisesconsent of Landlord, includingTenant’s use of electrical service shall not exceed the Building standard usage, but not limited toper square foot, any required security deposits as reasonably determined by Landlord, based upon the Building standard electrical design load. Landlord shall, at Landlord’s expense, install and initial connection chargemeasure electrical usage by commonly accepted methods, all charges for gas, electricity, telephone, water, sanitary including the installation of measuring devices such as submeters and storm sewer service and security systemscheck meters. If any services are jointly metered with other Leased Premises it is determined that Tenant is using electricity in such quantities or property (during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per-rentable-square-foot basis, to materially exceed that which Landlord reasonably deems to be standard for examplethe Building, exterior lighting), Lessor Tenant shall make a reasonable determination of Lessee's proportionate share of pay Landlord Additional Rent for the cost of such excess electrical usage and, if applicable, for the cost of purchasing and installing the measuring device(s). 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereofequipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused by Lessee introducing excessive pollutants However, if the Premises, or solids other than ordinary human waste into a material portion of the sanitary sewer systemPremises, including permitsare made untenantable for a period in excess of three (3) consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the fourth (4th) consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 1 contract

Sources: Office Lease Agreement (Clementia Pharmaceuticals Inc.)

Building Services. Lessor shall provide the normal utility service connections Landlord agrees to furnish or cause to be furnished to the Building. Lessee shall pay directly Premises the following utilities and services, subject to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits conditions and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as standards set forth herein, Lessor the cost of which shall either be Operating Expenses or a Direct Reimbursement Expenses in accordance with the terms of this Lease: (A) Non-attended automatic elevator service (if the Building has such equipment serving the Premises), in common with Landlord and other tenants and occupants and their agents and invitees, 24 hours a day, 7 days a week. (B) During Business Hours, such air conditioning, heating and ventilation as, in Landlord’s reasonable judgment, are required for the comfortable use and occupancy of the Premises with typical heat and occupancy loads for the Permitted Use; provided, however, that if Tenant shall require heating, ventilation or air conditioning in excess of that which Landlord shall be required to provide hereunder, Landlord may provide such additional heating, ventilation or air conditioning at such rates and upon such additional conditions as shall be determined by Landlord from time to time. Tenant shall be able to control the provision of HVAC services within the Premises after Business Hours. Tenant will be responsible for paying Landlord’s then hourly charge for supplying such services (as reasonably determined by Landlord from time to time) as additional Rent. The hourly cost for HVAC supplied after Building Hours as of the Lease Date is $75.00 per hour (C) Water for drinking and rest room purposes. (D) Reasonable janitorial and cleaning services five (5) days per week to the Common Areas. (E) At Tenant’s sole cost, Tenant shall contract with Landlord’s janitorial vendor to provide janitorial and cleaning services to the Premises five (5) days a week and, the cost of removal of Tenant’s refuse and rubbish, to the extent that the same exceeds the refuse and rubbish attendant to normal office usage. Notwithstanding the foregoing, if Tenant is dissatisfied with the performance of such vendor, then and in such events, Tenant may select another janitorial vendor for the Premises, which vendor shall be subject to Landlord’s approval which approval shall not be unreasonably withheld. (F) An access control security system for after-hours use by all tenants in the Building which shall include card key access for all elevators servicing the second floor of the Building and the entrance into the Premises. (G) Notwithstanding anything to the contrary set forth in this Section 7.1, Landlord and Tenant acknowledge that the Premises will be separately metered for electricity serving the lights and convenience outlets and server rooms in the Premises. Tenant will reimburse Landlord directly for such separately metered electricity unless Tenant is paying for such electricity directly to the utility provider. Notwithstanding such separate metering of electricity usage within the Premises if Tenant’s increased electrical requirements (beyond standard office operations) or other sources of heat will materially affect the temperature level in the Premises or the Building, Landlord may require Tenant to pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, including but not limited to the cost of modifications to the air conditioning system. Landlord shall not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord’s reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Landlord, at its own cost and expense, shall provide to the Premises electric current with the capacity set forth in Schedule 1 of the Work Letter. Tenant covenants that its use of electric current shall never exceed such capacity. (H) Any amounts which Tenant is required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas to Landlord pursuant to this Section 7.1 shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished payable within thirty (30) days after written demand by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor Landlord and shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromconstitute additional Rent.

Appears in 1 contract

Sources: Office Lease (Splunk Inc)

Building Services. Lessor Landlord agrees to furnish or cause to be furnished to the Premises the following utilities and services, subject to the conditions and standards set forth herein: (A) Non-attended automatic elevator service. (B) During Business Hours, air conditioning, heating and ventilation in accordance with the specifications attached as Exhibit "F" hereto; provided, however, that if Tenant shall require heating, ventilation or air conditioning in excess of that which Landlord shall be required to provide hereunder, Landlord may provide such additional heating, ventilation or air conditioning at such rates and upon such additional conditions as shall be determined by Landlord from time to time (Landlord shall provide air conditioning, heating and ventilation service 24 hours a day to a single portion of the normal utility service connections Premises designated by Tenant [not to exceed 10,000 rentable square feet] at no additional cost to Tenant [but subject to inclusion in Operating Expenses].). (C) Water for drinking and rest room purposes. (D) Reasonable janitorial and cleaning services, for office use purposes. Specifications for Landlord's current janitorial and cleaning services are attached hereto as Exhibit G (Landlord shall not materially change such specifications unless, as changed, the janitorial and cleaning services to be furnished to the BuildingPremises are comparable to those generally furnished in first class office buildings in the O'Ha▇▇ ▇▇▇ridor). Lessee If the Premises are not used exclusively as offices, or if the Tenant elects and Landlord consents, the Premises shall be kept clean and in order by Tenant, at Tenant's expense, to the satisfaction of Landlord and by persons reasonably approved by Landlord; and, in all events, Tenant shall pay directly to the appropriate supplier Landlord the cost of all utility services removal of Tenant's refuse and rubbish, to the Leased extent that the same exceeds the refuse and rubbish attendant to normal office usage. (E) Electricity shall not be furnished by Landlord, but shall be furnished by the approved electric utility company serving the area. Landlord shall permit the Tenant to receive such service direct from such utility company at Tenant's cost and shall permit Landlord's wire and conduits, to the extent available, suitable and safely capable, to be used for such purposes. Tenant shall make all necessary arrangements with the utility company for metering and paying for electrical current furnished by it to Tenant, and Tenant shall pay for all (A) If Landlord obtains actual knowledge of the existence of any Hazardous Materials other than Tenant's Hazardous Materials in the Building or on or under the land underlying the Building or in or under the parking areas serving the Building in violation of applicable law, then to the extent required by applicable law, Landlord's sole obligation and responsibility to Tenant with respect to such Hazardous Materials (except for the other remedies provided in this Insert 6.04) shall be (a) the commencement within ninety (90) days after Landlord obtains actual knowledge of the existence of such Hazardous Materials in violation of applicable law, of the removal, encapsulation or other appropriate containment program reasonably elected by Landlord and designed to comply with then applicable law, and (b) the diligent prosecution of such program to completion in a manner designed to cause such portions of the Building or such portions of such land, as the case may be, to be in compliance with then applicable law. For purposes hereof, the phrase "Landlord's actual knowledge" shall mean the actual, and not constructive, knowledge of the regional property manager of Heit▇▇▇ ▇▇▇perties Ltd. in charge of the Building (or, if Heit▇▇▇ ▇▇▇perties Ltd. is no longer the managing agent for the Building, the regional property manager [or individual with a comparable position] for such successor managing agent) without such manager having undertaken any investigation. (B) Notwithstanding anything in the Lease to the contrary, if as a result of the existence of Hazardous Materials in the Building or on or under the Building in violation of Applicable Laws (unless such Hazardous Materials constitute Tenant's Hazardous Materials), the Premises, includingor a "material part" (as defined below) of the Premises, but is rendered untenantable, inaccessible or unusable for Tenant's business, in Tenant's good faith business judgment, for a period of three (3) consecutive business days and Tenant does not limited tooccupy the Premises, any required security deposits or such material portion thereof which is rendered untenantable, inaccessible or unusable, as the case may be, during such 3-business day period, then as Tenant's sole remedy for such interruption of occupancy (except for the remedies provided in subparagraphs [C] and initial connection charge[D] of this Insert 6.04), all charges Base Rent and Tax and Operating Expense Adjustment payable for gas, electricity, telephone, water, sanitary such portion of the Premises which Tenant does not so occupy shall abat▇ ▇▇▇ the period commencing on the expiration of said three (3) business day period and storm sewer service and security systems. If any services are jointly metered with other Leased expiring on the date Tenant determines in its good faith business judgment that it is able to resume occupancy of the Premises or property such material part thereof, as the case may be. As used in this subparagraph (for exampleB) of Insert 6.04, exterior lightingthe phrase "material part" shall mean an amount in excess of five thousand (5,000) rentable square feet of the Premises. (C) Notwithstanding anything in this Lease to the contrary, if as a result of the existence of Hazardous Materials in the Building or on or under the Building in violation of Applicable Laws (unless such Hazardous Materials constitute Tenant's Hazardous Materials), Lessor shall make the Premises or a reasonable determination of Lessee's proportionate share "material part" (as defined below) of the cost Premises is rendered untenantable, inaccessible or unusable for Tenant's business, in Tenant's good faith business judgment, for a period of one hundred-twenty (120) consecutive days and Tenant does not occupy the Premises, or such material portion thereof which is rendered untenantable, inaccessible or unusable, as the case may be, during such one hundred-twenty (120) day period, then in addition to the remedies set forth in subparagraphs (B) and (D) of this Insert 6.04, and as Tenant's sole additional remedy for such one hundred-twenty (120) day interruption of occupancy, Tenant shall have the right to terminate this Lease and its obligations under this Lease by giving Landlord written notice of such services and Lessee shall pay such share to Lessor termination within ten (10) business days after the expiration of receipt such one hundred-twenty (120) day period. As used in this subparagraph (C) of Insert 6.04, the phrase "material part" shall mean an amount in excess of twenty-three thousand (23,000) rentable square feet of the Premises. (D) In the event that during the Lease Term Tenant discovers the existence in the Premises or the Building of Hazardous Materials that have been brought upon the Premises or the Building by Landlord, its employees, agents, contractors or assignees and such Hazardous Materials were not in compliance with all Applicable Laws which were in effect at the time the Hazardous Materials were brought upon the Premises, such Hazardous Materials shall be defined as "Landlord's Unlawful Hazardous Materials". Landlord shall indemnify, defend and hold harmless Tenant against any actual out-of-pocket losses, including reasonable attorneys' fees, which result from Tenant's liability to any third person, not a party to this Lease (including governmental authorities) for any claims, judgments, penalties or fines which arise from the presence on the Premises of any invoice thereofLandlord's Unlawful Hazardous Materials. Lessee Landlord's obligations under this indemnification shall pay terminate upon the expiration or earlier termination of the Lease Term, provided, however, Landlord's indemnification obligations under this Insert 6.04(D) for any good faith claim or demand made by written notice from Tenant to Landlord given prior to the expiration or termination of the Lease Term shall survive the expiration or termination of the Lease Term. (E) Notwithstanding anything in this Insert 6.04 to the contrary, Tenant covenants and agrees that it will cooperate, in all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer systemreasonable respects, including permits, fees with Landlord in investigating and charges levied resolving any claims by any governmental subdivision for any of Tenant's employees, agents, contractors or invitees that such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required person has been injured by any governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees Hazardous Materials in the Building. Except as set forth herein, Lessor Building (provided Tenant shall not be required to pay for prevent or discourage any utility service, supplies or upkeep such person from asserting any such claim which Tenant believes in connection with the Leased Premises or Building. Utility services for the common areas shall good faith to be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromvalid).

Appears in 1 contract

Sources: Office Lease (Galileo International Inc)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal following services: (a) water for use in the Base Building lavatories; (b) customary heat and air conditioning in season during Building Service Hours. Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord; (c) standard janitorial service on Business Days; (d) Elevator service; (e) Electricity in accordance with the terms and conditions in Section 7.02; and (f) such other services as Landlord reasonably determines are necessary or appropriate for the Property. 7.02 Electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant either: (a) through inclusion in Expenses (except as provided for excess usage); (b) by a separate charge payable by Tenant to Landlord; or (c) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant’s use of electrical service connections shall not exceed, either in voltage, rated capacity, use beyond Building Service Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Lessee Landlord shall have the right to measure electrical usage by commonly accepted methods. If it is determined that Tenant is using excess electricity, Tenant shall pay directly to the appropriate supplier the cost of all utility services to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges Landlord for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of such excess electrical usage as Additional Rent. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services and Lessee shall pay such share due to Lessor within ten (10) days the application of receipt Laws, the failure of any invoice thereofequipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs caused by Lessee introducing excessive pollutants However, if the Premises, or solids other than ordinary human waste into a material portion of the sanitary sewer systemPremises, including permitsare made untenantable for a period in excess of 3 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee then Tenant, as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanksperiod beginning on the 4th consecutive March 9, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use 2004 Matter ID Number: 11424 4 Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are in a multi- occupancy Buildinghave not been rendered untenantable by the Service Failure, Lessee shall pay all surcharges levied due to Lessee's use the amount of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas abatement shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromequitably prorated.

Appears in 1 contract

Sources: Office Lease Agreement (Captiva Software Corp)

Building Services. Lessor 7.01 Landlord shall provide furnish Tenant with the normal utility following services: (a) water for use in the Base Building lavatories and plumbing fixtures located within the Premises as of the date of this Lease; (b) customary heat and air conditioning in season during Building Service Hours, although (i) Tenant shall have the right to receive HVAC service connections during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord, and (ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord; (c) standard janitorial service on Business Days; (d) elevator service, non-exclusive use of the common loading dock(s) of the Building, and exclusive use of the loading dock on the north side of the ground floor of the Building created by Landlord as part of Landlord’s Work pursuant to the Work Letter which Tenant can use 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; (e) electricity in accordance with the terms and conditions in Section 7.02; (f) access to the Building and the Premises for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of this Lease and such protective services or monitoring systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Lessee If Landlord, at Tenant’s request, provides any services which are not Landlord’s express obligation under this Lease, including, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 9 below, Tenant shall pay directly Landlord, or such other party designated by Landlord, the reasonable cost of providing such service. 7.02 The electric current supplied to the appropriate supplier Premises (other than electricity utilized to furnish base Building HVAC service to the Premises) shall be measured by one or more submeters installed and maintained by Landlord at Landlord’s cost and expense (which cost and expense shall be included in Expenses under Section 2.01 of Exhibit B); provided, however, that any submeter installed to measure electrical consumption of any supplemental HVAC equipment or other supplemental equipment installed by Tenant shall be installed and maintained at Tenant’s sole cost and expense. Within thirty (30) days after Landlord’s demand from time to time, Tenant shall pay Landlord the cost of all utility services electric current supplied to the Leased Premises, including, but not limited to, any required security deposits and initial connection charge, all charges for gas, electricity, telephone, water, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lightingat the average electrical rate per kilowatt hour paid by Landlord to the utility company), Lessor shall make a reasonable determination of Lessee's proportionate share of as measured by such submeters, other than the cost of electricity utilized to furnish base Building HVAC service to the Premises. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed five (5) ▇▇▇▇▇ demand load per rentable square foot of the Premises. Landlord shall install the submeters required of it pursuant to the foregoing for each Increment prior to the respective Rent Commencement Date of such services Increment. Pending Landlord’s installation of submeters as aforesaid, Landlord shall have the right to measure Tenant’s electrical usage by other commonly accepted methods, including check meters, and Lessee Tenant shall pay such share Landlord for electricity furnished to Lessor within ten (10) days the Premises on the basis thereof. 7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of receipt services due to the application of Laws, the failure of any invoice thereofequipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (defined below) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Lessee shall pay all costs However, if the Premises, or a material portion of the Premises, are made unusable for the reasonable operation of Tenant’s business for a period in excess of 5 consecutive Business Days as a result of a Service Failure that is reasonably within the control of Landlord to correct, and provided that such Service Failure is not caused by Lessee introducing excessive pollutants Tenant or solids other than ordinary human waste into the sanitary sewer systemany Tenant Related Parties, including permitsthen Tenant, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee as its sole remedy, shall be responsible for entitled to receive an abatement of Rent payable hereunder during the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for Lessee's use period beginning on the 6th consecutive Business Day of the sanitary sewer systemService Failure and ending on the day the service has been restored. If the Leased entire Premises are have not been rendered unusable for the reasonable operation of Tenant’s business by the Service Failure, the amount of abatement shall be equitably prorated. As used in a multi- occupancy Buildingthis Lease, Lessee shall pay all surcharges levied due to Lessee's use “Force Majeure” means strikes, lockouts, labor disputes, acts of sanitary sewer or waste removal services insofar as such surcharges affect Lessor God, fire, earthquake, flood or other Lessees in casualty, shortages of labor or materials, war, terrorist acts, pandemics, civil disturbances and other causes (other than financial inability) beyond the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep in connection with the Leased Premises or Building. Utility services for the common areas shall be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in any respect for damages to either person, property or business on account of any interruption or failure of utilities or services furnished by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No such interruption or failure may be construed as an eviction of Lessee or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction control of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or abatement of rent or damages on account of such malfunction or of any interruptions in service occasioned thereby or resulting therefromperforming party.

Appears in 1 contract

Sources: Office Lease Agreement (Zulily, Inc.)

Building Services. Lessor Landlord shall provide the normal utility service connections to Leased Premises with trash removal service, elevator service, and with water and electricity for lighting, receptacles for the' operation of office machines and other incidental uses during the Buildingterm of this Lease. Lessee Tenant shall pay directly to the appropriate supplier the cost of all utility services telephone charges for service to the Leased Premises, includingexcluding, but not limited tohowever, any required costs associated with making the Leased Premises accessible to the local point of telephone access which shall be borne by the Landlord, which point of local connection shall be provided by Landlord if it sells the Building during the term of this Lease (the "Local Point of Connection"). Until such Local Point of Connection is established, Landlord hereby grants to Tenant a license to access and connect 10 existing telephone connections located In buildings adjacent to the Building which are owned by Landlord. Landlord shall furnish Tenant hot and cold water at those points of supply provided for general use of other tenants in the Buildings. In addition, Landlord shall furnish central heating and air conditioning in season during Normal Business Hours, and at temperatures and in amounts as are in accordance with the standards of office buildings in the Tampa Bay area, subject, however, to being in compliance with any governmental regulations. Such HVAC service during hours other than Normal Business Hours may be furnished only upon the request of Tenant, at the overtime charge thereof, as established from time to time by Landlord, and which Tenant acknowledges is presently established at the Utility' Overtime Charge set forth In Section 2.1(x) above. Landlord shall also provide routine maintenance, painting and electric lighting 'service for all public areas and special service areas of the Buildings in the manner and to the extent deemed by Landlord to be standard and in accordance with the standards of first class office buildings In the Tampa Bay area, Landlord may, In its sole discretion, provide additional services not enumerated herein. Landlord will not be liable to Tenant or any other person, for. direct or consequential damages, or otherwise, for any failure to supply any heat, air conditioning, elevator, cleaning, lighting or security deposits and initial connection charge, all charges or for gas, any surges or interruptions of electricity, telephoneor other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such services, wateror any of them, sanitary and storm sewer service and security systems. If any services are jointly metered with other Leased Premises or property (for example, exterior lighting), Lessor shall make a reasonable determination of Lessee's proportionate share of the cost of at such services and Lessee shall pay such share to Lessor within ten (10) days of receipt of any invoice thereof. Lessee shall pay all costs caused by Lessee introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Lessee shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices times as may be required necessary by any reason of accident, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental subdivision for Lessee's use of the sanitary sewer system. If the Leased Premises are in a multi- occupancy Building, Lessee shall pay all surcharges levied due to Lessee's use of sanitary sewer or waste removal services insofar as such surcharges affect Lessor or other Lessees in the Building. Except as set forth herein, Lessor shall not be required to pay for any utility service, supplies or upkeep preemption in connection with a national or local emergency, any rule, order or regulation, conditions of supply and demand which make any product unavailable, Landlord's compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the Leased Premises or Buildingcontrol of Landlord. Utility services for the common areas shall Landlord will not be part of Operating Expenses. Lessee agrees that Lessor is not liable to Lessee in Tenant or any respect other person or entity for direct or consequential damages resulting from the admission to or exclusion from the Buildings of any person. Landlord will not be liable for damages to either personpersons or property' or for injury to, property or Interruption of, business on account of for any interruption or failure discontinuance of utilities or services furnished provided by Lessor provided that Lessor uses reasonable diligence to repair the same promptly. No Landlord, nor will such interruption or failure may discontinuance in any way be construed as an eviction of Lessee Tenant or entitle Lessee to (i) any abatement of rent, (ii) terminate the Lease, or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises or Building (which by definition do not include any improvements or facilities of Lessee above Building standard improvements) occur for any reason, Lessor shall use reasonable diligence to repair same promptly, but Lessee will not be entitled to any claim for rebate or cause an abatement of rent or damages on account operate to release Tenant from any of Tenant's obligations under this Lease. Landlord reserves the right from lime to time to make changes in the utilities and services provided by Landlord to the Buildings provided such malfunction or changes do not detract from the level of any interruptions in service occasioned thereby or resulting therefromthe existing utilities and services, Any planned interruption to these building services will be accompanied by twenty-four (24) written notice whenever possible to allow Tenant to adjust accordingly.

Appears in 1 contract

Sources: Office Lease Agreement (Spheris Leasing LLC)