Building Services. 7.01 Landlord shall furnish Tenant with the following services: (a) water for use in the Base Building restrooms, any restrooms and break rooms located in the Premises, and the room identified in the Preliminary Plans as the “pharmacy”; (b) heat and air conditioning in season during Building Service Hours as necessary to maintain the Premises (other than the Separate Electrical/HVAC Areas (defined in Section 7.04 below)) at a comfortable temperature consistent with other class “A” office buildings (provided, however, that Landlord shall not be liable for any failure to maintain such temperature to the extent such failure results from (i) any density of occupancy within the Premises that (x) exceeds the occupancy-density level that is customary for general office use in class “A” office buildings, and (y) is not expressly provided for in the Plans, (ii) any use of heat-generating equipment in concentrations or quantities in excess of the average concentrations and quantities customarily associated with general office use in class ”A” office buildings, or (iii) Tenant’s failure to keep the window coverings in the Premises closed during periods when the Premises are exposed to direct sunlight). Tenant shall have the right to receive HVAC service (other than for the Separate Electrical/HVAC Areas) during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which charge is $24.00 per hour per floor as of the date of this Lease and shall not be increased during the Term except to the extent of any increases in Landlord’s cost therefor) 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 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 be paid for by Tenant through inclusion in Expenses, except as otherwise provided (a) in this Section 7.02 or elsewhere in this Lease with respect to excess usage, (b) in Section 7.04 below, or (c) in Section 8 of Exhibit F attached hereto. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity or overall load, the electrical standard for the Building. Except with respect to the Separate Electrical/HVAC Areas (in which areas electrical usage shall be measured in accordance with Section 7.04 below), Landlord shall have the right to measure electrical usage by commonly accepted methods. For purposes hereof, the “electrical standard” for the Building is: (i) a design load of 1.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ per square foot described in this clause (ii). If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord for the actual cost of such excess electrical usage at the rates charged by the utility provider as Additional Rent. 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 (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. Without limiting the preceding sentence or Section 7.01 above, in the event of any Service Failure that has a material adverse impact on Tenant’s business and is within Landlord’s reasonable control to cure, Landlord shall use commercially reasonable efforts to cure the same. In addition, 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 receive an abatement of 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. (a) Electricity consumed in the portions of the Premises identified in the Preliminary Plans as the “server room,” the “UPS room,” and the “test/stage lab” (collectively, the “Separate Electrical/HVAC Areas”) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company). (b) Tenant, at Tenant’s sole cost and expense: (i) shall install supplemental HVAC units to provide the sole source of heat, ventilation and air conditioning to the Separate Electrical/HVAC Areas, and (ii) may (but shall not be obligated to) install supplemental HVAC units to provide a supplemental source of heat, ventilation and air conditioning to the portions of the Premises identified on the Preliminary Plans as the “customer care department” and the “NOC Room” (collectively, the “Redundant HVAC Areas”), and, in each case, shall connect such supplemental HVAC Units (collectively, the “Supplemental HVAC Units”) to Landlord’s condenser water loop at Tenant’s sole cost and expense. Notwithstanding anything contained to the contrary herein: (1) in no event shall the Supplemental HVAC Units exceed (a) 66 tons for floor 12, (b) 79 tons for the entire initial Premises described in Exhibit A-1, or (c) 10 tons per floor (as appropriately prorated for any partial floors) for any portions of the Premises other than the initial Premises described in Exhibit A-1; and (2) in no event shall the Supplemental HVAC Units that are in operation at any one time exceed (a) 36 tons for floor 12, or (b) 49 tons for the entire initial Premises described in Exhibit A-1. The Supplemental HVAC Units shall be water-cooled units, and in no event shall Tenant be permitted to install air-cooled supplemental HVAC units. Notwithstanding anything to the contrary contained herein, Tenant shall not be permitted to install more than 7 Supplemental HVAC Units for floor 12, or more than 5 Supplemental HVAC Units for any other floor (in each case as appropriately prorated for any partial floor in the Premises). Tenant shall pay to Landlord both a one-time installation fee (in the amount of $257.97 per ton) and a monthly use fee (in the amount of $16.35 per ton per month) for each of the Supplemental HVAC Units to be connected to Landlord’s condenser water loop. All fees shall be payable by Tenant to Landlord within 30 days after billing by Landlord. The manner in which Tenant connects the Supplemental HVAC Units to Landlord’s condenser water loop, including, without limitation, the routing of any water lines, shall be subject to Landlord’s prior written approval. Tenant shall be responsible for the cost of purchasing and installing a submeter to measure electricity consumed in connection with the Supplemental HVAC Units (other than any such electricity produced by the Generator (defined in Section 8 of Exhibit F attached hereto) (“Tenant-Generated Electricity”)); provided, however, that such measurement shall be required with respect to the Redundant HVAC Areas only after Building Service Hours. Electricity consumed during Building Service Hours in connection with the Supplemental HVAC Units serving the Redundant HVAC Areas (other than Tenant-Generated Electricity) shall be included in Expenses except to the extent that such electrical consumption, when taken together with the balance of the electrical consumption in the Redundant HVAC Areas, exceeds the electrical standard for the Building. Except only as provided in the immediately preceding sentence, all electricity consumed in connection with the Supplemental HVAC Units (other than Tenant-Generated Electricity) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company). 7.05 If, pursuant to any revision to the Plans, a shutoff valve is installed for the potable water system located on the 14th floor of the Building, then, in the case of any leakage from such system, Tenant shall be permitted access to, and may close, such valve without the prior consent of (but with reasonably prompt notice to) Landlord.
Appears in 1 contract
Building Services. 7.01 8.01 Landlord shall furnish Tenant with the following servicesservices the cost of which shall be included in Expenses: (a) at all times, hot and cold water for use in the Base Building restrooms, any restrooms and break rooms located in the Premises, and the room identified in the Preliminary Plans as the “pharmacy”lavatories; (b) heat at all times, access and air conditioning in season during Building Service Hours as necessary to maintain use of the Building’s condenser water system which shall provide Tenant with capacity of five (5) tons of condenser water on each floor of the Premises and an additional one hundred twenty (other than 120) tons of condenser water to support Tenant’s data center floor and Tenant’s trading floor (all of which may be allocated per floor in the Separate Electrical/HVAC Areas (defined Premises in Section 7.04 belowany manner that Tenant desires)) at a comfortable temperature consistent with other class “A” office buildings (provided, however, it being agreed that Landlord the costs thereof shall not be liable for any failure separately charged to maintain such temperature to Tenant but rather included in Expenses along with all costs of the extent such failure results from services described in this Section 8.01; (ic) any density at all times, ten (10) ▇▇▇▇▇ of occupancy within electrical load per rentable square foot of the Premises that (x) exceeds the occupancy-density level that is customary for general power, lighting and HVAC services in accordance with terms and conditions of Section 8.02, (d) during Business Service Hours, HVAC equipment capable of (1) heating a standard office use layout floor in class “A” office buildingsthe Building to a range of 68° F to 72° F during the winter when the temperature outside is no lower than 0° F, and (y2) is not expressly provided for cooling a standard office layout floor in the Plans, (ii) any use Building to a range of heat-generating equipment in concentrations or quantities in excess of 70° F to 74° F during the average concentrations and quantities customarily associated with general office use in class ”A” office buildings, or (iii) Tenant’s failure to keep the window coverings in the Premises closed during periods summer when the Premises are exposed to direct sunlight). temperature outside is lower than 92° F and between 72° F and 76° F during the summer when the temperature outside is 92° F, so long as Tenant complies with the Density Limit and designs and implements the Initial Alterations and any other Alterations in a manner that does not limit the operations of such equipment; provided that (A) Tenant shall have the right to receive additional HVAC service (other than for the Separate Electrical/HVAC Areas) during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which charge is currently $24.00 75.00 per hour per floor hour, as of the date of this Lease and shall not be increased during the Term except adjusted from time to the extent of any increases in Landlord’s cost therefortime) and providing such prior notice as is reasonably specified by Landlord, and (B) Tenant shall be permitted to connect supplemental HVAC units to the Building’s condenser water loop (but only to the extent set forth in (b) above) as part of the Initial Alterations, subject to the provisions of Section 4 and Section 10, at no charge to Tenant; (ce) 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 area, or such other reasonably comparable janitorial services designated by Landlord from time to time, subject to amendment by Landlord from time to time; (df) passenger elevator service, except in cases of emergency situations or required state testing; (eg) electricity access to the loading dock and freight elevators subject to Landlord’s approval as to timing (which approval shall not be unreasonably withheld) and provided that such use is scheduled in advance and paid for by Tenant in accordance with Landlord’s then uniformly administered policies, currently $48.50 per hour (except that Landlord shall not charge Tenant for use of the terms loading dock or freight elevators in connection with the Initial Alterations to both the Initial Premises and conditions in Section 7.02the Additional Premises); (fh) 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 protective services or monitoring systems systems, if any, as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards; (i) access to building risers and conduits, subject to Landlord’s approval (which approval shall not be unreasonably withheld), including one (1) redundant riser to each floor for telephone and data services, provided that the installation of any equipment required in connection with Tenant’s use of such services shall be the responsibility and cost of Tenant; (j) access to the fire egress stairwell; (k) security for the Property, including a 24 hours on-site manned security desk in the lobby of the Building; (l) removal of snow and ice from the driveways and walkways of the Property; (m) commingled, single stream recycling program that allows paper, plastic, glass and metal to be recycled in any colored containers, which containers are provided for Common Areas and each desk upon Tenant’s request to Landlord; and (gn) 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 10 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 8.02 Electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion in Expensesby a separate charge payable by Tenant to Landlord determined and measured by a separate check-meter. Each floor of the Premises shall have one (1) check meter consisting of the existing check meter for normal/outlet/lighting power previously installed by Landlord. Also, except one additional check meter shall be installed by Tenant on the 2nd Floor of the Building off collection bus B, all as otherwise provided (a) in this Section 7.02 or elsewhere in this Lease with respect part of the Initial Alterations. There shall be no administrative fee for the check meters. Subject to excess usageLandlord’s prior written approval of the plans and specifications therefor, (b) in Section 7.04 below, or (c) in Section 8 of Exhibit F attached hereto. Without the consent of Landlord, Tenant’s use of electrical service which approval shall not exceedbe unreasonably withheld, either in voltageconditioned or delayed, rated capacity or overall load, the electrical standard for the Building. Except with respect to the Separate Electrical/HVAC Areas (in which areas electrical usage shall be measured in accordance with Section 7.04 below), Landlord shall have the right to measure electrical usage by commonly accepted methods. For purposes hereof, the “electrical standard” for the Building is: Tenant may (i) a design load of 1.0 ▇▇▇▇▇ per square foot of net usable floor area for all building standard overhead lighting located within install, operate and maintain in the Premises which requires a voltage or in any other area of 480/277 volts; the Building, electrical equipment, provided that such equipment would not overload the electrical system beyond its capacity for proper, efficient and safe operation as determined by Landlord, (ii) a connected load furnish cooling or heating to the Premises, including, without limitation, the use of 4.0 ▇▇▇▇▇ per square foot electric or gas heating devices (except that in no event may Tenant install any portable heating devices), and (iii) install, operate and maintain more than its proportionate share of net usable area for all equipment located telephone lines 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 4.0 ▇▇▇▇▇ per square foot described in this clause (ii). If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord for the actual cost of such excess electrical usage other telecommunication facilities at the rates charged by the utility provider as Additional RentBuilding.
7.03 8.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of any such Building services due to the application of LawsLaw, 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. Without limiting the preceding sentence or Section 7.01 above, in the event of any Service Failure that has a material adverse impact on Tenant’s business and is within Landlord’s reasonable control to cure, Landlord shall use commercially reasonable efforts to cure the same. In additionHowever, 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 correctcovered by Landlord’s Rent Interruption Insurance (as defined below), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service Service Failure has been restoredcured. If the entire Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably prorated.
(a) Electricity consumed in prorated based on the portions nature and extent of the Premises identified in the Preliminary Plans as the “server room,” the “UPS room,” and the “test/stage lab” (collectively, the “Separate Electrical/HVAC Areas”) shall be paid for by interference with Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event business operations. Landlord shall pay the applicable utility company).
provide no less than seven (b7) Tenantdays advance notice of any scheduled interruption of services relating to repairs, at Tenant’s sole cost and expense: (i) shall install supplemental HVAC units to provide the sole source of heat, ventilation and air conditioning to the Separate Electrical/HVAC Areasimprovements or alterations, and (ii) may (but Landlord shall not be obligated to) install supplemental HVAC units to provide a supplemental source of heat, ventilation schedule the same on weekends and air conditioning to the portions of the Premises identified on the Preliminary Plans as the “customer care department” and the “NOC Room” (collectively, the “Redundant HVAC Areas”), and, in each case, shall connect such supplemental HVAC Units (collectively, the “Supplemental HVAC Units”) to Landlord’s condenser water loop at Tenant’s sole cost and expense. Notwithstanding anything contained to the contrary herein: (1) in no event shall the Supplemental HVAC Units exceed (a) 66 tons for floor 12, (b) 79 tons for the entire initial Premises described in Exhibit A-1, or (c) 10 tons per floor (as appropriately prorated for any partial floors) for any portions of the Premises other than the initial Premises described in Exhibit A-1; and (2) in no event shall the Supplemental HVAC Units that are in operation at any one time exceed (a) 36 tons for floor 12, or (b) 49 tons for the entire initial Premises described in Exhibit A-1. The Supplemental HVAC Units shall be waterafter-cooled units, and in no event shall Tenant be permitted to install air-cooled supplemental HVAC units. Notwithstanding anything to the contrary contained herein, Tenant shall not be permitted to install more than 7 Supplemental HVAC Units for floor 12, or more than 5 Supplemental HVAC Units for any other floor (in each case as appropriately prorated for any partial floor in the Premises). Tenant shall pay to Landlord both a one-time installation fee (in the amount of $257.97 per ton) and a monthly use fee (in the amount of $16.35 per ton per month) for each of the Supplemental HVAC Units to be connected to Landlord’s condenser water loop. All fees shall be payable by Tenant to Landlord within 30 days after billing by Landlord. The manner in which Tenant connects the Supplemental HVAC Units to Landlord’s condenser water loop, including, without limitation, the routing of any water lines, shall be subject to Landlord’s prior written approval. Tenant shall be responsible for the cost of purchasing and installing a submeter to measure electricity consumed in connection with the Supplemental HVAC Units (other than any such electricity produced by the Generator (defined in Section 8 of Exhibit F attached hereto) (“Tenant-Generated Electricity”)); provided, however, that such measurement shall be required with respect to the Redundant HVAC Areas only after Building Service Hours. Electricity consumed during Building Service Hours in connection with the Supplemental HVAC Units serving the Redundant HVAC Areas (other than Tenant-Generated Electricity) shall be included in Expenses except to the extent that such electrical consumption, when taken together the same would materially interfere with the balance of the electrical consumption in the Redundant HVAC Areas, exceeds the electrical standard for the Building. Except only as provided in the immediately preceding sentence, all electricity consumed in connection with the Supplemental HVAC Units (other than Tenant-Generated Electricity) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility companyuse of, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company).
7.05 If, pursuant to any revision to the Plans, a shutoff valve is installed for the potable water system located on the 14th floor of the Building, then, in the case of any leakage from such system, Tenant shall be permitted access to, and may close, such valve without the prior consent of (but with reasonably prompt notice to) LandlordPremises.
Appears in 1 contract
Sources: Office Lease Agreement (Investment Technology Group Inc)
Building Services. 7.01 Throughout the Term, Landlord shall agrees that the Building will be managed and maintained in accordance with generally accepted industry practices and in a manner befitting a modern, first class rental office building in Fairfax County, Virginia, and that, subject to Legal Requirements, it will furnish to Tenant with the following services: :
(a1) water Subject to the provisions of subsection (b), normal and usual electricity for use in lighting purposes and the Base Building restrooms, any restrooms and break operation of ordinary office equipment;
(2) Adequate supplies for toilet rooms located in public areas of the PremisesBuilding;
(3) Normal and usual cleaning and janitorial services after business hours on Business Days in accordance with the standards set forth in Exhibit D attached hereto and made a part hereof, and the room identified in the Preliminary Plans as the “pharmacy”; (b) heat and air conditioning in season during Building Service Hours as necessary to maintain the Premises (other than the Separate Electrical/HVAC Areas (defined in Section 7.04 below)) at a comfortable temperature consistent with other class “A” office buildings (provided, however, that Landlord shall not be liable for any failure to maintain such temperature provide cleaning and janitorial services to the extent such failure results from double- secured areas of the Leased Premises;
(i4) any density of occupancy within the Premises that (x) exceeds the occupancy-density level that is customary for general office use in class “A” office buildings, Hot and (y) is not expressly provided for cold running water in the Plans, (ii) any use of heat-generating equipment toilet rooms located in concentrations or quantities in excess public areas of the average concentrations Building and quantities customarily associated with general office use in class ”A” office buildings, or (iii) Tenant’s failure to keep at valved outlets at the window coverings locations in the Leased Premises closed during periods when the Premises are exposed to direct sunlight). Tenant shall have the right to receive HVAC service shown on Tenant's Space Layout;
(other than for the Separate Electrical/HVAC Areas5) during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which charge is $24.00 per hour per floor as of the date of this Lease and shall not be increased during the Term except Subject to the extent provisions of any increases in Landlord’s cost therefor) and providing such prior notice as is reasonably specified by Landlord; subsections (c) standard janitorial service and (e), heating and air-conditioning to the Leased Premises when required for the comfortable occupancy of the Leased Premises, at reasonable temperatures, pressures and degrees of humidity, and in reasonable volumes and velocities, between the hours of 8:00 A.M. and 7:00 P.M. on Business Days; Days and between the hours of 9:00 A.M. and 1:00 P.M. on Saturdays unless Saturday is a legal holiday;
(d6) Automatically operated 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 facilities 24 hours per day/7 a day, seven days per week, subject to a week throughout the terms Term;
(7) All electric bulbs and fluorescent tubes in permanently installed light fixtures in the Leased Premises and in the public areas 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 the Building;
(g8) Five (5) such other services as Landlord reasonably determines are necessary or appropriate keys for the Property.
7.02 Electricity used by Tenant in suite entry door to each portion of the Leased Premises shall be paid for by Tenant through inclusion in Expenses, except as otherwise provided (a) in this Section 7.02 or elsewhere in this Lease with respect to excess usage, (b) in Section 7.04 below, or (c) in Section 8 of Exhibit F attached hereto. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity or overall load, the electrical standard for the Building. Except with respect to the Separate Electrical/HVAC Areas (in which areas electrical usage shall be measured in accordance with Section 7.04 below), Landlord shall have the right to measure electrical usage by commonly accepted methods. For purposes hereof, the “electrical standard” for the Building is: (i) located on a design load of 1.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ per square foot described in this clause (ii). If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord for the actual separate Floor at no cost of such excess electrical usage at the rates charged by the utility provider as Additional Rent.
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 (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenantbut all additional keys, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Without limiting the preceding sentence or Section 7.01 above, in the event of any Service Failure that has a material adverse impact on Tenant’s business and is within Landlord’s reasonable control to cure, Landlord shall use commercially reasonable efforts to cure the same. In addition, if the Premises, or a material portion of the Premises, are made untenantable including replacements 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 remedylost keys, shall be entitled to receive an abatement issued only upon the payment of Rent payable hereunder during a reasonable cost for each additional key;
(9) An electronic card security access system for the period beginning on the 4th consecutive Business Day public areas of the Service Failure Building and ending on the day the service has been restored. If the entire Premises have not been rendered untenantable garage and a reasonable number of access cards for use by the Service Failure, the amount of abatement shall be equitably prorated.Tenant's employees; and
(a10) Electricity consumed in the portions A fully-operational structured parking facility for use by tenants of the Premises identified in the Preliminary Plans as the “server room,” the “UPS room,” and the “test/stage lab” (collectively, the “Separate Electrical/HVAC Areas”) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly Building with access limited to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company).
(b) Tenant, at Tenant’s sole cost and expense: (i) shall install supplemental HVAC units to provide the sole source of heat, ventilation and air conditioning to the Separate Electrical/HVAC Areas, and (ii) may (but shall not be obligated to) install supplemental HVAC units to provide a supplemental source of heat, ventilation and air conditioning to the portions of the Premises identified on the Preliminary Plans as the “customer care department” and the “NOC Room” (collectively, the “Redundant HVAC Areas”), and, in each case, shall connect such supplemental HVAC Units (collectively, the “Supplemental HVAC Units”) to Landlord’s condenser water loop at Tenant’s sole cost and expense. Notwithstanding anything contained to the contrary herein: (1) in no event shall the Supplemental HVAC Units exceed (a) 66 tons for floor 12, (b) 79 tons for the entire initial Premises described in Exhibit A-1, or (c) 10 tons per floor (as appropriately prorated for any partial floors) for any portions of the Premises other than the initial Premises described in Exhibit A-1; and (2) in no event shall the Supplemental HVAC Units that are in operation at any one time exceed (a) 36 tons for floor 12, or (b) 49 tons for the entire initial Premises described in Exhibit A-1. The Supplemental HVAC Units shall be water-cooled units, and in no event shall Tenant be permitted to install air-cooled supplemental HVAC units. Notwithstanding anything to the contrary contained herein, Tenant shall not be permitted to install more than 7 Supplemental HVAC Units for floor 12, or more than 5 Supplemental HVAC Units for any other floor (in each case as appropriately prorated for any partial floor in the Premises). Tenant shall pay to Landlord both a one-time installation fee (in the amount of $257.97 per ton) and a monthly use fee (in the amount of $16.35 per ton per month) for each of the Supplemental HVAC Units to be connected to Landlord’s condenser water loop. All fees shall be payable Persons authorized by Tenant to Landlord within 30 days after billing by Landlord. The manner in which Tenant connects the Supplemental HVAC Units to Landlord’s condenser water loop, including, without limitation, the routing of any water lines, shall be subject to Landlord’s prior written approval. Tenant shall be responsible for the cost of purchasing and installing a submeter to measure electricity consumed in connection with the Supplemental HVAC Units (other than any such electricity produced by the Generator (defined in Section 8 of Exhibit F attached hereto) (“Tenant-Generated Electricity”)); provided, however, that such measurement shall be required with respect to the Redundant HVAC Areas only after Building Service Hours. Electricity consumed during Building Service Hours in connection with the Supplemental HVAC Units serving the Redundant HVAC Areas (other than Tenant-Generated Electricity) shall be included in Expenses except to the extent that such electrical consumption, when taken together with the balance of the electrical consumption in the Redundant HVAC Areas, exceeds the electrical standard for the Building. Except only as provided in the immediately preceding sentence, all electricity consumed in connection with the Supplemental HVAC Units (other than Tenant-Generated Electricity) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company).
7.05 If, pursuant to any revision to the Plans, a shutoff valve is installed for the potable water system located on the 14th floor of the Building, then, in the case of any leakage from such system, Tenant shall be permitted access to, and may close, such valve without the prior consent of (but with reasonably prompt notice to) Landlord.
Appears in 1 contract
Building Services. 7.01 Landlord shall furnish Tenant 20.1 Subject to and in accordance with the following services: (a) water for use in terms of this Lease, the Base Building restrooms, any restrooms and break rooms located in the Premises, and the room identified in the Preliminary Plans as the “pharmacy”; (b) heat and air conditioning in season during Building Service Hours as necessary to maintain the Premises (other than the Separate Electrical/HVAC Areas (defined in Section 7.04 below)) at a comfortable temperature consistent with other class “A” office buildings (provided, however, that Landlord shall not be liable for any failure to maintain such temperature to the extent such failure results from will (i) any density supply passenger elevator service to the Office Premises, with at least six (6) of occupancy within the Premises that such passenger elevators being subject to call for such service during Business Hours and at least three (x3) exceeds the occupancy-density level that is customary of such passenger elevators being subject to call for general office use in class “A” office buildings, and (y) is such service during times which are not expressly provided for in the PlansBusiness Hours, (ii) any supply two elevators for the transmission of freight during Business Hours and at least one of such freight elevators for such use during non-Business Hours by all tenants on a first-come first-served, reserved, exclusive basis (such use during non-Business Hours by Tenant to be on a reserved, exclusive basis at the Tenant’s sole cost and expense as per the Rate Schedule) (the elevator service set forth in forgoing clauses (i)-(ii) shall be consistent with the First Class Standard, subject to temporary interruption for repairs, renovations or other interruptions consistent with the First Class Standard), (iii) supply use of heatthe Building’s loading docks on a first-generating come, first-served unreserved basis (such use during non-Business Hours to be on a first-come, first served reserved basis at the Tenant’s sole cost and expense as per the Rate Schedule), (iv) supply to the Office Premises during Building HVAC Hours heat as needed for the warming of such Office Premises, in accordance with the specifications set forth on Exhibit 11, and the parties agree to comply with their respective obligations set forth on such Exhibit, (v) supply to the Office Premises during Building HVAC Hours toilet exhaust fan service (as set forth in Section 20.8) , air conditioning (including cooling as needed) and ventilation to such portions of the Office Premises as are served by the Building’s base-building air conditioning system in accordance with the specifications set forth on Exhibit 11, and the parties agree to comply with their respective obligations set forth on such Exhibit, (vi) supply heating and ventilation service for any Below Grade Premises in accordance with Requirements applicable to below grade storage space, and the Landlord will not provide air conditioning to any Below Grade Premises, and (vii) provide to the Office Premises (but not to other portions of the Premises, if any, and not to Licensed Areas) the cleaning services on Business Days in accordance with the cleaning specifications set forth on Exhibit 12, it being agreed that no such cleaning services are provided for areas which are used for preparing, dispensing or consumption of food or beverages, or for non-core bathrooms, and that for the following portions of the Premises the cleaning services will be limited to emptying and re-lining standard size refuse containers and vacuuming the carpeted floor areas thereof: exhibition areas, classrooms, auditoriums, trading floors, storage rooms, shipping rooms, messenger centers, mail rooms, computer and data processing rooms, reproduction, duplicating and multi-media rooms, broadcasting and telecom facilities, file rooms, infrastructure areas and areas used for other activities or equipment which are not typical office use. The Tenant agrees that it shall install window blinds or shades on all windows of the Office Premises in concentrations accordance with Building Regulations. No representation or quantities agreement is made by the Landlord with respect to the adequacy or fitness of such air conditioning or ventilation to maintain temperatures that may be required for, or because of, the operation of any computer, data processing or other electronic equipment of the Tenant in excess of the average concentrations specifications therefor for which the Landlord is expressly obligated hereunder, and quantities customarily associated with general office use in class ”A” office buildingsthe Landlord assumes no responsibility, or (iii) Tenant’s failure to keep the window coverings in the Premises closed during periods when the Premises are exposed to direct sunlight). Tenant and shall have no liability for any loss or damage however sustained, in connection with any such operations by the right to receive HVAC service Tenant. Unless otherwise provided in this Lease, (other than for the Separate Electrical/HVAC Areasx) during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which charge is $24.00 per hour per floor as of the date of this Lease and shall not be increased during the Term except to the extent of any increases in Landlord’s cost therefor) and providing such prior notice as is reasonably specified by Landlord; (c) standard janitorial service “Business Hours”, means 8:00 A.M. until 6:00 P.M. on Business Days; (dy) 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 be paid for by Tenant through inclusion in Expenses, except as otherwise provided (a) in this Section 7.02 or elsewhere in this Lease with respect to excess usage, (b) in Section 7.04 below, or (c) in Section 8 of Exhibit F attached hereto. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity or overall load, the electrical standard for the Building. Except with respect to the Separate Electrical/HVAC Areas (in which areas electrical usage shall be measured in accordance with Section 7.04 below“Business Day(s), Landlord shall have the right to measure electrical usage by commonly accepted methods. For purposes hereof, the “electrical standard” for the Building is: means (i) a design load of 1.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ per square foot described in this clause (ii). If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord for the actual cost of such excess electrical usage at the rates charged by the utility provider as Additional Rent.
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 (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. Without limiting the preceding sentence or Section 7.01 above, in the event of any Service Failure that has a material adverse impact on Tenant’s business and is within Landlord’s reasonable control to cure, Landlord shall use commercially reasonable efforts to cure the same. In addition, 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 receive an abatement of 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.
(a) Electricity consumed in the portions of the Premises identified in the Preliminary Plans as the “server room,” the “UPS room,” and the “test/stage lab” (collectively, the “Separate Electrical/HVAC Areas”) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company).
(b) Tenant, at Tenant’s sole cost and expense: (i) shall install supplemental HVAC units to provide the sole source of heat, ventilation and air conditioning to the Separate Electrical/HVAC Areas, and (ii) may (but shall not be obligated to) install supplemental HVAC units to provide a supplemental source of heat, ventilation and air conditioning to the portions of the Premises identified on the Preliminary Plans as the “customer care department” and the “NOC Room” (collectively, the “Redundant HVAC Areas”), and, in each case, shall connect such supplemental HVAC Units (collectively, the “Supplemental HVAC Units”) to Landlord’s condenser water loop at Tenant’s sole cost and expense. Notwithstanding anything contained to the contrary herein: (1) in no event shall the Supplemental HVAC Units exceed (a) 66 tons for floor 12, (b) 79 tons for the entire initial Premises described in Exhibit A-1, or (c) 10 tons per floor (as appropriately prorated for any partial floors) for any portions of the Premises days other than the initial Premises described in Exhibit A-1; and (2) in no event shall the Supplemental HVAC Units that are in operation at any one time exceed (a) 36 tons for floor 12, or (b) 49 tons for the entire initial Premises described in Exhibit A-1. The Supplemental HVAC Units shall be water-cooled units, and in no event shall Tenant be permitted to install air-cooled supplemental HVAC units. Notwithstanding anything to the contrary contained herein, Tenant shall not be permitted to install more than 7 Supplemental HVAC Units for floor 12, or more than 5 Supplemental HVAC Units for any other floor (in each case as appropriately prorated for any partial floor in the Premises). Tenant shall pay to Landlord both a one-time installation fee (in the amount of $257.97 per ton) and a monthly use fee (in the amount of $16.35 per ton per month) for each of the Supplemental HVAC Units to be connected to Landlord’s condenser water loop. All fees shall be payable by Tenant to Landlord within 30 days after billing by Landlord. The manner in which Tenant connects the Supplemental HVAC Units to Landlord’s condenser water loop, including, without limitation, the routing of any water lines, shall be subject to Landlord’s prior written approval. Tenant shall be responsible for the cost of purchasing and installing a submeter to measure electricity consumed in connection with the Supplemental HVAC Units (other than any such electricity produced by the Generator (defined in Section 8 of Exhibit F attached hereto) (“Tenant-Generated Electricity”)); provided, however, that such measurement shall be required with respect to the Redundant HVAC Areas only after Building Service Hours. Electricity consumed during Building Service Hours in connection with the Supplemental HVAC Units serving the Redundant HVAC Areas (other than Tenant-Generated Electricity) shall be included in Expenses except to the extent that such electrical consumption, when taken together with the balance of the electrical consumption in the Redundant HVAC Areas, exceeds the electrical standard for the Building. Except only as provided in the immediately preceding sentence, all electricity consumed in connection with the Supplemental HVAC Units (other than Tenant-Generated Electricity) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company).
7.05 If, pursuant to any revision to the Plans, a shutoff valve is installed for the potable water system located on the 14th floor of the Building, then, in the case of any leakage from such system, Tenant shall be permitted access to, and may close, such valve without the prior consent of (but with reasonably prompt notice to) Landlord.Saturdays,
Appears in 1 contract
Sources: Lease (Greenhill & Co Inc)
Building Services. 7.01 Throughout the Term, Landlord shall agrees that the Building will be managed and maintained in accordance with generally accepted industry practices and in a manner befitting a modern, first class rental office building in Fairfax County, Virginia, and that, subject to Legal Requirements, it will furnish to Tenant with the following services: :
(a1) water Subject to the provisions of subsection (b), normal and usual electricity for use in lighting purposes and the Base Building restrooms, any restrooms and break operation of ordinary office equipment;
(2) Adequate supplies for toilet rooms located in public areas of the PremisesBuilding;
(3) Normal and usual cleaning and janitorial services after business hours on Business Days in accordance with the standards set forth in Exhibit D attached hereto and made a part hereof, and the room identified in the Preliminary Plans as the “pharmacy”; (b) heat and air conditioning in season during Building Service Hours as necessary to maintain the Premises (other than the Separate Electrical/HVAC Areas (defined in Section 7.04 below)) at a comfortable temperature consistent with other class “A” office buildings (provided, however, that Landlord shall not be liable for any failure to maintain such temperature provide cleaning and janitorial services to the extent such failure results from double-secured areas of the Leased Premises;
(i4) any density of occupancy within the Premises that (x) exceeds the occupancy-density level that is customary for general office use in class “A” office buildings, Hot and (y) is not expressly provided for cold running water in the Plans, (ii) any use of heat-generating equipment toilet rooms located in concentrations or quantities in excess public areas of the average concentrations Building and quantities customarily associated with general office use at valved outlets at the locations in class ”A” office buildings, or (iii) the Leased Premises shown on Tenant’s failure to keep the window coverings in the Premises closed during periods when the Premises are exposed to direct sunlight). Tenant shall have the right to receive HVAC service Space Layout;
(other than for the Separate Electrical/HVAC Areas5) during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which charge is $24.00 per hour per floor as of the date of this Lease and shall not be increased during the Term except Subject to the extent provisions of any increases in Landlord’s cost therefor) and providing such prior notice as is reasonably specified by Landlord; subsections (c) standard janitorial service and (e), heating and air-conditioning to the Leased Premises when required for the comfortable occupancy of the Leased Premises, at reasonable temperatures, pressures and degrees of humidity, and in reasonable volumes and velocities, between the hours of 8:00 A.M. and 7:00 P.M. on Business Days; Days and between the hours of 9:00 AM. and 1:00 P.M. on Saturdays unless Saturday is a legal holiday;
(d6) Automatically operated 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 facilities 24 hours per day/7 a day, seven days per week, subject to a week throughout the terms Term;
(7) All electric bulbs and fluorescent tubes in permanently installed light fixtures in the Leased Premises and in the public areas 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 the Building;
(g8) Five (5) such other services as Landlord reasonably determines are necessary or appropriate keys for the Property.
7.02 Electricity used by Tenant in suite entry door to each portion of the Leased Premises shall be paid for by Tenant through inclusion in Expenses, except as otherwise provided (a) in this Section 7.02 or elsewhere in this Lease with respect to excess usage, (b) in Section 7.04 below, or (c) in Section 8 of Exhibit F attached hereto. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity or overall load, the electrical standard for the Building. Except with respect to the Separate Electrical/HVAC Areas (in which areas electrical usage shall be measured in accordance with Section 7.04 below), Landlord shall have the right to measure electrical usage by commonly accepted methods. For purposes hereof, the “electrical standard” for the Building is: (i) located on a design load of 1.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ per square foot described in this clause (ii). If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord for the actual separate Floor at no cost of such excess electrical usage at the rates charged by the utility provider as Additional Rent.
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 (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenantbut all additional keys, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Without limiting the preceding sentence or Section 7.01 above, in the event of any Service Failure that has a material adverse impact on Tenant’s business and is within Landlord’s reasonable control to cure, Landlord shall use commercially reasonable efforts to cure the same. In addition, if the Premises, or a material portion of the Premises, are made untenantable including replacements 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 remedylost keys, shall be entitled to receive an abatement issued only upon the payment of Rent payable hereunder during a reasonable cost for each additional key;
(9) An electronic card security access system for the period beginning on the 4th consecutive Business Day public areas of the Service Failure Building and ending on the day the service has been restored. If the entire Premises have not been rendered untenantable garage and a reasonable number of access cards for use by the Service Failure, the amount of abatement shall be equitably prorated.Tenant’s employees; and
(a10) Electricity consumed in the portions A fully-operational structured parking facility for use by tenants of the Premises identified in the Preliminary Plans as the “server room,” the “UPS room,” and the “test/stage lab” (collectively, the “Separate Electrical/HVAC Areas”) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly Building with access limited to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company).
(b) Tenant, at Tenant’s sole cost and expense: (i) shall install supplemental HVAC units to provide the sole source of heat, ventilation and air conditioning to the Separate Electrical/HVAC Areas, and (ii) may (but shall not be obligated to) install supplemental HVAC units to provide a supplemental source of heat, ventilation and air conditioning to the portions of the Premises identified on the Preliminary Plans as the “customer care department” and the “NOC Room” (collectively, the “Redundant HVAC Areas”), and, in each case, shall connect such supplemental HVAC Units (collectively, the “Supplemental HVAC Units”) to Landlord’s condenser water loop at Tenant’s sole cost and expense. Notwithstanding anything contained to the contrary herein: (1) in no event shall the Supplemental HVAC Units exceed (a) 66 tons for floor 12, (b) 79 tons for the entire initial Premises described in Exhibit A-1, or (c) 10 tons per floor (as appropriately prorated for any partial floors) for any portions of the Premises other than the initial Premises described in Exhibit A-1; and (2) in no event shall the Supplemental HVAC Units that are in operation at any one time exceed (a) 36 tons for floor 12, or (b) 49 tons for the entire initial Premises described in Exhibit A-1. The Supplemental HVAC Units shall be water-cooled units, and in no event shall Tenant be permitted to install air-cooled supplemental HVAC units. Notwithstanding anything to the contrary contained herein, Tenant shall not be permitted to install more than 7 Supplemental HVAC Units for floor 12, or more than 5 Supplemental HVAC Units for any other floor (in each case as appropriately prorated for any partial floor in the Premises). Tenant shall pay to Landlord both a one-time installation fee (in the amount of $257.97 per ton) and a monthly use fee (in the amount of $16.35 per ton per month) for each of the Supplemental HVAC Units to be connected to Landlord’s condenser water loop. All fees shall be payable Persons authorized by Tenant to Landlord within 30 days after billing by Landlord. The manner in which Tenant connects the Supplemental HVAC Units to Landlord’s condenser water loop, including, without limitation, the routing of any water lines, shall be subject to Landlord’s prior written approval. Tenant shall be responsible for the cost of purchasing and installing a submeter to measure electricity consumed in connection with the Supplemental HVAC Units (other than any such electricity produced by the Generator (defined in Section 8 of Exhibit F attached hereto) (“Tenant-Generated Electricity”)); provided, however, that such measurement shall be required with respect to the Redundant HVAC Areas only after Building Service Hours. Electricity consumed during Building Service Hours in connection with the Supplemental HVAC Units serving the Redundant HVAC Areas (other than Tenant-Generated Electricity) shall be included in Expenses except to the extent that such electrical consumption, when taken together with the balance of the electrical consumption in the Redundant HVAC Areas, exceeds the electrical standard for the Building. Except only as provided in the immediately preceding sentence, all electricity consumed in connection with the Supplemental HVAC Units (other than Tenant-Generated Electricity) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company).
7.05 If, pursuant to any revision to the Plans, a shutoff valve is installed for the potable water system located on the 14th floor of the Building, then, in the case of any leakage from such system, Tenant shall be permitted access to, and may close, such valve without the prior consent of (but with reasonably prompt notice to) Landlord.
Appears in 1 contract
Building Services. 7.01 (a) Landlord shall furnish Tenant with perform, at Landlord's sole cost and expense, all Landlord's Core Shell Work (defined in Exhibit F annexed hereto) to the extent necessary, if any, to provide the following services: , systems and facilities for the Building and Common Areas within the Building (a) water for use "Building Services"), subject to and in conformity with the Base Building restroomsand Building Services Specifications annexed as Exhibit F hereto:
(1) Heating, any restrooms ventilating and break rooms located air conditioning for the Premises at all times and the Common Areas within the Building during normal business hours.
(2) Electricity for office and light industrial use, including office and light industrial equipment, in the Premises, ;
(3) Life safety support systems for the Building;
(4) Structural systems for the Building;
(5) Hot and the room identified in the Preliminary Plans as the “pharmacy”; (b) heat and air conditioning in season during Building Service Hours as necessary to maintain cold water for Tenant's use at the Premises and a plumbing system for the Building;
(other than the Separate Electrical/HVAC Areas (defined in Section 7.04 below)6) at a comfortable temperature consistent with other class “A” office buildings (provided, however, that Landlord shall not be liable for any failure to maintain such temperature to the extent such failure results from (i) any density of occupancy within the Premises that (x) exceeds the occupancy-density level that is customary for general office use in class “A” office buildings, and (y) is not expressly provided for in the Plans, (ii) any use of heat-generating equipment in concentrations or quantities in excess of the average concentrations and quantities customarily associated with general office use in class ”A” office buildings, or (iii) Tenant’s failure to keep the window coverings in the Premises closed during periods when the Premises are exposed to direct sunlight). Tenant shall have the right to receive HVAC service tie the Premises into the Building security system, if any, at Tenant's sole cost and expense;
(other than for 7) Cleaning and maintenance of Common Areas in or relating to the Separate Electrical/HVAC AreasBuilding, including bathroom facilities, if any;
(8) Subject to the terms and conditions of this Lease, Tenant shall have access to the Building and the Premises at all times (i.e., 24 hours a day, 365 days a year) during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which charge is $24.00 per hour per floor as of the date term of this Lease and shall not be increased during the Term except Lease; subject to the extent of any increases in Landlord’s cost therefor) and providing such prior notice as is reasonably specified by Landlord; (c) standard janitorial service on Business Days; (d) elevator service; (e) electricity temporary interruption in accordance with the terms and conditions hereof for repair work or in Section 7.02; emergencies.
(fb) access In addition to the Building services set forth in paragraph (a) above, Landlord shall provide the following services and facilities for Tenant the Common Areas ("Common Area Services"):
(1) Landscaping, snow removal and its employees 24 hours per day/7 days per week, subject lighting services for the Common Areas in conformity with the Common Area Specifications annexed as Exhibit G hereto;
(2) Maintenance and repair of the Common Areas.
(c) Subject to the terms provisions of this Lease, at no expense to Tenant, Tenant shall have the continuing right during the term of this Lease to utilize, in common with other tenants within the Building, the parking area identified on the Plan of Parking Area annexed as Exhibit H hereto ("Parking Area"). Landlord agrees that during the term of this Lease it shall not reduce the number of parking spaces within the Parking Area to fewer than 160 unreserved and such security or monitoring systems as Landlord may reasonably imposefull size spaces (i.e., includingnine (9) feet by twenty (20) feet), without limitation, sign-in procedures and/or presentation the prior written consent of identification cards; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the PropertyTenant.
7.02 Electricity used (d) Landlord does not warrant that Building Services or Common Area Services shall be free from any temporary slowdown, interruption or stoppage caused by Tenant the maintenance, repair, replacement or improvement of any of the equipment involved in the Premises shall be paid for by Tenant through inclusion in Expenses, except as otherwise provided (a) in this Section 7.02 or elsewhere in this Lease with respect to excess usage, (b) in Section 7.04 belowfurnishing of any such services, or (c) in Section 8 caused by strikes, lockouts, fuel shortages, accidents, acts of Exhibit F attached hereto. Without God or the consent elements or any other cause beyond the control of Landlord. Landlord agrees to use its best efforts to resume the service upon any such slowdown, Tenant’s use of electrical service shall not exceedinterruption or stoppage as soon as possible. Notwithstanding the foregoing, either in voltage, rated capacity or overall load, the electrical standard for the Building. Except with respect but subject to the Separate Electrical/HVAC Areas (in which areas electrical usage shall be measured in accordance with Section 7.04 below), Landlord shall have the right to measure electrical usage by commonly accepted methods. For purposes 41 hereof, the “electrical standard” for the Building is: (i) a design load of 1.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ per square foot described in this clause (ii). If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord for the actual cost of such excess electrical usage at the rates charged by the utility provider as Additional Rent.
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 (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. Without limiting the preceding sentence or Section 7.01 above, in the event Tenant is deprived of the normal use or occupancy of all or any Service Failure that has a material adverse impact on Tenant’s business and is within Landlord’s reasonable control to cure, Landlord shall use commercially reasonable efforts to cure the same. In addition, if the Premises, or a material portion of the Premises, are made untenantable Premises as a result of the stoppage of any of Building Services or Common Area Services 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 receive an abatement of 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.
ten (a10) Electricity consumed in the portions of the Premises identified in the Preliminary Plans as the “server room,” the “UPS room,” and the “test/stage lab” (collectively, the “Separate Electrical/HVAC Areas”) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company).
(b) Tenant, at Tenant’s sole cost and expense: (i) shall install supplemental HVAC units to provide the sole source of heat, ventilation and air conditioning to the Separate Electrical/HVAC Areas, and (ii) may (but shall not be obligated to) install supplemental HVAC units to provide a supplemental source of heat, ventilation and air conditioning to the portions of the Premises identified on the Preliminary Plans as the “customer care department” and the “NOC Room” (collectively, the “Redundant HVAC Areas”), and, in each case, shall connect such supplemental HVAC Units (collectively, the “Supplemental HVAC Units”) to Landlord’s condenser water loop at Tenant’s sole cost and expense. Notwithstanding anything contained to the contrary herein: (1) in no event shall the Supplemental HVAC Units exceed (a) 66 tons for floor 12, (b) 79 tons for the entire initial Premises described in Exhibit A-1, or (c) 10 tons per floor (as appropriately prorated for any partial floors) for any portions of the Premises other than the initial Premises described in Exhibit A-1; and (2) in no event shall the Supplemental HVAC Units that are in operation at any one time exceed (a) 36 tons for floor 12, or (b) 49 tons for the entire initial Premises described in Exhibit A-1. The Supplemental HVAC Units shall be water-cooled units, and in no event shall Tenant be permitted to install air-cooled supplemental HVAC units. Notwithstanding anything to the contrary contained herein, Tenant shall not be permitted to install more than 7 Supplemental HVAC Units for floor 12, or more than 5 Supplemental HVAC Units for any other floor (in each case as appropriately prorated for any partial floor in the Premises). Tenant shall pay to Landlord both a one-time installation fee (in the amount of $257.97 per ton) and a monthly use fee (in the amount of $16.35 per ton per month) for each of the Supplemental HVAC Units to be connected to Landlord’s condenser water loop. All fees shall be payable by Tenant to Landlord within 30 days after billing by Landlord. The manner in which Tenant connects the Supplemental HVAC Units to Landlord’s condenser water loop, including, without limitation, the routing of any water lines, shall be subject to Landlord’s prior written approval. Tenant shall be responsible for the cost of purchasing and installing a submeter to measure electricity consumed in connection with the Supplemental HVAC Units (other than any such electricity produced by the Generator (defined in Section 8 of Exhibit F attached hereto) (“Tenant-Generated Electricity”)); provided, however, that such measurement shall be required with respect to the Redundant HVAC Areas only after Building Service Hours. Electricity consumed during Building Service Hours in connection with the Supplemental HVAC Units serving the Redundant HVAC Areas (other than Tenant-Generated Electricity) shall be included in Expenses except to the extent that such electrical consumption, when taken together with the balance of the electrical consumption in the Redundant HVAC Areas, exceeds the electrical standard for the Building. Except only as provided in the immediately preceding sentence, all electricity consumed in connection with the Supplemental HVAC Units (other than Tenant-Generated Electricity) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company).
7.05 If, pursuant to any revision to the Plans, a shutoff valve is installed for the potable water system located on the 14th floor of the Buildingdays, then, in that event, Base Rent shall ▇▇▇▇▇ (pro rata, in the case event of any leakage partial loss of occupancy) from such system, and after the eleventh day following the date on which Tenant shall be permitted access to, gives notice to Landlord advising it of the service interruption and may close, such valve without continuing until the prior consent of (but with reasonably prompt notice to) Landlorddate the service is restored.
Appears in 1 contract
Building Services. 7.01 Landlord shall furnish Tenant with the following services: (a) water for use in Prior to the Base Building restroomsCommencement Date, any restrooms Landlord at Landlord's sole cost and break rooms located in the Premises, and the room identified in the Preliminary Plans as the “pharmacy”; (b) heat and air conditioning in season during Building Service Hours as necessary to expense shall maintain the Premises (other than the Separate Electrical/HVAC Areas (defined in Section 7.04 below)) at a comfortable interior temperature consistent with other class “A” office buildings (provided, however, that Landlord shall not be liable for any failure to maintain such temperature to the extent such failure results from (i) any density of occupancy within the Premises that (x) exceeds the occupancy-density level that is customary for general office use in class “A” office buildings, and (y) is not expressly provided for in the Plans, (ii) any use of heat-generating equipment in concentrations or quantities in excess of the average concentrations and quantities customarily associated with general office use in class ”A” office buildingsBuilding above thirty-two degrees Fahrenheit (32(0)F), or (iii) Tenant’s failure to keep the window coverings in the Premises closed during periods when the Premises are exposed to direct sunlight). Tenant shall have the right to receive HVAC service (other than for the Separate Electrical/HVAC Areas) during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which charge is $24.00 per hour per floor as of the date of this Lease and shall not be increased during the Term except to the extent of any increases in Landlord’s cost therefor) 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 perform preventative maintenance to the Building for Tenant Systems, 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 be paid for by Tenant through inclusion in Expenses, except as otherwise provided (a) in this Section 7.02 or elsewhere in this Lease with respect to excess usage, (b) in Section 7.04 below, or (c) in Section 8 of Exhibit F attached hereto. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity or overall load, the electrical standard for the Building. Except with respect to the Separate Electrical/HVAC Areas (in which areas electrical usage shall be measured in accordance with Section 7.04 below), Landlord shall have the right to measure electrical usage by commonly accepted methods. For purposes hereof, the “electrical standard” for the Building is: (i) with a design load of 1.0 ▇▇▇▇▇ per square foot of net usable floor area for all building standard overhead lighting located within part-time engineer reasonably sufficient to protect the Premises which requires a voltage of 480/277 volts; and (ii) a connected load of 4.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ per square foot described in this clause (ii). If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord for the actual cost of such excess electrical usage at the rates charged by the utility provider as Additional Rent.
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 (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. Without limiting the preceding sentence or Section 7.01 above, in the event of any Service Failure that has a material adverse impact on Tenant’s business and is within Landlord’s reasonable control to cure, Landlord shall use commercially reasonable efforts to cure the same. In addition, 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 receive an abatement of 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.
(a) Electricity consumed in the portions of the Premises identified in the Preliminary Plans as the “server room,” the “UPS room,” and the “test/stage lab” (collectively, the “Separate Electrical/HVAC Areas”) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company)Building Systems.
(b) TenantThroughout the Term, at Tenant’s sole cost Landlord shall maintain the Premises in a first-class manner consistent with Comparable Buildings, shall operate all Building Systems consistent with the Plans and expense: Specifications, and, subject to Unavoidable Delays, all Requirements, the provisions of this Article ------- 11 and the approved Operating Budget, and shall furnish, or cause to be -- furnished, the following services ("Building Services"):
(i) shall install supplemental Subject to the provisions of Section 11.2, normal and usual electricity for interior and exterior lighting purposes for the Building, the Parking Garage, surface parking areas and Common Areas, and the operation of ordinary office equipment and HVAC units service and lighting in accordance with the design capabilities of the Building and such other services to provide the sole source of heatBuilding (all in accordance with the Base Building Construction Documents), ventilation the Parking Garage, surface parking areas and air Common Areas as may be required under this Lease;
(ii) Public lavatory facilities and adequate supplies for toilet rooms throughout the Premises;
(iii) In accordance with the specifications contained within the Base Building Construction Documents, hot and cold running water in toilet rooms, kitchens and pantries throughout the Premises as well as sufficient running water for HVAC and other applicable uses;
(iv) Heating, ventilating and air-conditioning to the Separate ElectricalBuilding (zoned Floor-by-Floor) during Business Hours, in accordance with the specifications attached as Exhibit L; ---------
(v) Automatically operated elevator service (with at least eight (8) passenger elevators and one freight elevator) twenty-four (24) hours a day, seven days a week;
(vi) Building Standard lighting fixtures, electric bulbs and fluorescent tubes in light fixtures in the Premises (including the Parking Garage and the Land);
(vii) A controlled access security system for the Premises (including the Parking Garage) permitting access thereto twenty-four (24) hours a day, three hundred sixty-five (365) days a year, via a Kastle or similar key-card system, including key-cards for such system and Building concierge/HVAC Areassecurity personnel during Business Hours;
(viii) Landscaping maintenance, road and driveway repair, and snow removal;
(iiix) may (but shall not be obligated to) install supplemental HVAC units to provide a supplemental source of heat, ventilation Janitorial and air conditioning char services to the portions of Premises (including the Premises identified on cafeteria, kitchen and dining area, however, if the Preliminary Plans as the “customer care department” and the “NOC Room” (collectively, the “Redundant HVAC Areas”), and, in each case, shall connect such supplemental HVAC Units (collectively, the “Supplemental HVAC Units”) to Landlord’s condenser water loop at Tenant’s sole cost and expense. Notwithstanding anything contained to the contrary herein: Building is occupied by more than one (1) in no event shall the Supplemental HVAC Units exceed (a) 66 tons for floor 12tenant, (b) 79 tons for the entire initial Premises described in Exhibit A-1, or (c) 10 tons per floor (as appropriately prorated for any partial floors) for any portions of the Premises other than the initial Premises described in Exhibit A-1; and (2) in no event shall the Supplemental HVAC Units that are in operation at any one time exceed (a) 36 tons for floor 12, or (b) 49 tons for the entire initial Premises described in Exhibit A-1. The Supplemental HVAC Units such services shall be water-cooled units, and in no event shall Tenant be permitted considered a "tenant extra" to install air-cooled supplemental HVAC units. Notwithstanding anything to the contrary contained herein, Tenant shall not be permitted to install more than 7 Supplemental HVAC Units for floor 12, or more than 5 Supplemental HVAC Units for any other floor (in each case as appropriately prorated for any partial floor in the Premises). Tenant shall pay to Landlord both a one-time installation fee (in the amount of $257.97 per ton) and a monthly use fee (in the amount of $16.35 per ton per month) for each of the Supplemental HVAC Units to be connected to Landlord’s condenser water loop. All fees shall be payable by Tenant to Landlord within 30 days after billing by Landlord. The manner in which Tenant connects the Supplemental HVAC Units to Landlord’s condenser water loop, including, without limitation, the routing of any water lines, shall be subject to Landlord’s prior written approval. Tenant shall be responsible for the cost of purchasing and installing a submeter to measure electricity consumed in connection with the Supplemental HVAC Units (other than any such electricity produced by the Generator (defined in Section 8 of Exhibit F attached hereto) (“Tenant-Generated Electricity”)); provided, however, that such measurement shall be required with respect to the Redundant HVAC Areas only after Building Service Hours. Electricity consumed during Building Service Hours in connection with the Supplemental HVAC Units serving the Redundant HVAC Areas (other than Tenant-Generated Electricity) shall be included in Expenses except to the extent that such electrical consumption, when taken together with the balance of the electrical consumption in the Redundant HVAC Areas, exceeds the electrical standard for the Building. Except only as provided in the immediately preceding sentence, all electricity consumed in connection with the Supplemental HVAC Units (other than Tenant-Generated Electricity) shall be paid for directly by TenantTenant and Operating Expenses will be appropriately reduced on account thereof), by separate charge billed by the applicable utility companyincluding trash removal and recycling, andMonday through Friday, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company).
7.05 If, pursuant to any revision to the Plans, a shutoff valve is installed for the potable water system located on the 14th floor of the Building, thenexcepting holidays, in accordance with the case of any leakage from such system, Tenant shall be permitted access to, and may close, such valve without the prior consent of (but with reasonably prompt notice to) Landlord.cleaning specifications attached hereto as Exhibit F; ---------
Appears in 1 contract
Sources: Deed of Lease (Verisign Inc/Ca)
Building Services. 7.01 10.1 Landlord agrees to furnish heating, ventilating and air conditioning to the Premises to an extent lawfully permitted for the comfort and occupation of the Premises to during the hours 7:00 a.m. to 6:00 p.m., Monday through Friday and from 9:00 a.m. through 3:00 p.m. on Saturdays, legal holidays excepted. Tenant agrees to keep the corridor doors closed. Tenant agrees not to install any equipment which gives off heat in an amount which would place an overload on the central building facilities; and in all respects to conform with any reasonable rules and regulations Landlord shall furnish make for the use of the heating and air conditioning systems and will not install equipment which would place an overload on the structure of the Building, provided however, that Tenant shall be entitled to install air conditioning ducting and equipment to service that portion of the Premises containing Tenant's computer equipment, provided that Tenant shall otherwise comply with the following services: requirements of Article 12 of this Lease. Tenant will have the right to require and pay for at its cost and expense heating and air conditioning delivered to the floor or floors in which its Premises are located at times other than those specified herein, provided it gives Landlord twenty-four (24) hours notice of such requirements during weekdays and forty-eight (48) hours during weekends and holidays. The current cost is $55.00 per hour and the same may be increased from time to time to the extent Landlord's actual costs for same are increased.
10.2 Landlord shall provide water, electricity, and use of elevators twenty-four (24) hours per day, seven (7) days a week.
10.2.1 Landlord shall maintain, in good condition and repair, the following:
(a) water The structural parts and exterior walls of the Building, which structural parts include the foundations, bearing walls, subfloor, roof, and windows (except if caused by acts of Tenant or its invitees).
(b) The unexposed electrical, plumbing and sewage systems including without limitation, those portions of the systems lying outside Premises;
(c) Utilities and building standard lamp replacement on a scheduled basis;
(d) Heating, ventilating and air conditioning systems of the Building;
(e) The landscaping, parking, loading areas, walks and driveways of the Property; and
(f) Elevators, except for use Tenant's private elevator inside of Tenant's first floor premises. Landlord shall complete the functional upgrades to the building elevators, including recladding the interiors, replacement of buttons and indicator lights.
10.3 Landlord agrees to furnish, or cause to be furnished, the Premises with electricity necessary for lighting and fractional horsepower office machines, water, and elevator service in the Base Building restroomsand the Premises. Janitorial service will be furnished five (5) times weekly, any restrooms legal holidays excepted, time and break rooms located in days to be at Landlord's option, provided that Landlord shall cause the janitorial service provider to adhere to Tenant's security policies and procedures with respect to the Premises, and the room identified in the Preliminary Plans that Tenant shall provide Landlord with written copies of said security policies and procedures Window cleaning, inside and outside, will be furnished two (2) times per year. No electric current will be furnished for high-energy consumption equipment such as the “pharmacy”; (b) heat and air conditioning in season during Building Service Hours as necessary to maintain the Premises electronic business machines or computers (other than electric typewriters, word processors, adding machines, copy machines, fax machines, or desk-top computers using 110 volts) or for hot plates or electric heaters (see Exhibit "B" attached hereto).
10.4 If Tenant shall require electric current for purposes other than those specified above, it is understood that Landlord may cause an electric meter to be installed in the Separate Electrical/HVAC Areas Premises for that equipment and kept in repair at the sole cost and expense of the Tenant, so Tenant agrees to pay Landlord for all such electric current consumed for any such other purposes at the rates charged for similar services by the local public utility plus any additional expense incurred in installing and maintaining such meter and keeping account of the current so consumed. Statements of Landlord for such consumption of electric current shall be rendered to Tenant not less frequently than quarter annually, and final statements shall be rendered to Tenant on or before the last days of the fourth month after expiration of the Lease. The amount of such statements shall be paid by Tenant within fifteen (defined in Section 7.04 below)15) at a comfortable temperature consistent with other class “A” office buildings (provided, however, that days after the same have been rendered.
10.5 Landlord shall not be liable for any damage to person or property of any nature whatsoever, or compensation or claim for abatement of Rent or otherwise by reason of any inconvenience, annoyance, injury, or loss arising from the installation, operation, and maintenance of any equipment or service provided under this Article 10 or otherwise or from any failure to maintain such temperature to the extent keep said equipment or service in operation when such failure results from is occasioned by act or neglect of Tenant or by repairs, removals, improvements needful in the judgment of Landlord or by any power failure, labor controversy or by any accident or casualty whatsoever, or for any other reason whatsoever and howsoever occurring beyond Landlord's reasonable control. If interruptions, curtailment or stoppage of any equipment or service extends beyond five (i5) working days after written notification is received by Landlord and is caused by Landlord or its agents', employees', or contractors' negligence in properly maintaining or otherwise timely commencing repair of any density item of occupancy within equipment, then Tenant shall be entitled to a pro rata adjustment of rent for the Premises that (x) exceeds the occupancy-density level that is customary for general office use in class “A” office buildings, period of any such curtailment or stoppage of service.
10.6 Landlord shall not be required to furnish and (y) is Tenant shall not expressly be entitled to receive any such service provided for in this Article 10 during any period when Tenant is in default under the Plans, (ii) any use provisions of heat-generating equipment in concentrations or quantities in excess of the average concentrations and quantities customarily associated with general office use in class ”A” office buildings, or (iii) Tenant’s failure to keep the window coverings in the Premises closed during periods when the Premises are exposed to direct sunlight). this Lease.
10.7 Tenant shall have the right to receive HVAC service (other than for the Separate Electrical/HVAC Areas) during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which charge is $24.00 per hour per floor as of the date of this Lease and shall not be increased during the Term except to the extent of any increases in Landlord’s cost therefor) 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 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 be paid for by Tenant through inclusion in Expenses, except as otherwise provided (a) in this Section 7.02 or elsewhere in this Lease with respect to excess usage, (b) in Section 7.04 below, or (c) in Section 8 of Exhibit F attached hereto. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity or overall load, the electrical standard for the Building. Except with respect to the Separate Electrical/HVAC Areas (in which areas electrical usage shall be measured in accordance with Section 7.04 below), Landlord shall have the right to measure electrical usage by commonly accepted methods. For purposes hereof, the “electrical standard” for the Building is: (i) a design load of 1.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ per square foot described in this clause (ii). If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord for the actual cost of such excess electrical usage at the rates charged by the utility provider as Additional Rent.
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 (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. Without limiting the preceding sentence or Section 7.01 above, in the event of any Service Failure that has a material adverse impact on Tenant’s business and is within Landlord’s reasonable control to cure, Landlord shall use commercially reasonable efforts to cure the same. In addition, 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 receive an abatement of 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.
(a) Electricity consumed in the portions of the Premises identified in the Preliminary Plans as the “server room,” the “UPS room,” and the “test/stage lab” (collectively, the “Separate Electrical/HVAC Areas”) shall be paid for by Tenant, by separate charge billed by the applicable utility company, andright, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company).
(b) Tenant, at Tenant’s its sole cost and expense: (i) shall , to install supplemental HVAC units up to provide the sole source of heat, ventilation and air conditioning to the Separate Electrical/HVAC Areas, and (ii) may (but shall not be obligated to) install supplemental HVAC units to provide a supplemental source of heat, ventilation and air conditioning to the portions of the Premises identified on the Preliminary Plans as the “customer care department” and the “NOC Room” (collectively, the “Redundant HVAC Areas”), and, in each case, shall connect such supplemental HVAC Units (collectively, the “Supplemental HVAC Units”) to Landlord’s condenser water loop at Tenant’s sole cost and expense. Notwithstanding anything contained to the contrary herein: (1) in no event shall the Supplemental HVAC Units exceed (a) 66 tons for floor 12, (b) 79 tons for the entire initial Premises described in Exhibit A-1, or (c) 10 tons per floor (as appropriately prorated for any partial floors) for any portions of the Premises other than the initial Premises described in Exhibit A-1; and two (2) in no event shall the Supplemental HVAC Units that are in operation at any one time exceed (a) 36 tons for floor 12, or (b) 49 tons for the entire initial Premises described in Exhibit A-1. The Supplemental HVAC Units shall be water-cooled units, and in no event shall Tenant be permitted to install air-cooled supplemental HVAC units. Notwithstanding anything to the contrary contained herein, Tenant shall not be permitted to install more than 7 Supplemental HVAC Units for floor 12, or more than 5 Supplemental HVAC Units for any other floor (in each case as appropriately prorated for any partial floor in the Premises). Tenant shall pay to Landlord both a one-time installation fee (in the amount of $257.97 per ton) and a monthly use fee (in the amount of $16.35 per ton per month) for each of the Supplemental HVAC Units to be connected to Landlord’s condenser water loop. All fees shall be payable by Tenant to Landlord within 30 days after billing by Landlord. The manner in which Tenant connects the Supplemental HVAC Units to Landlord’s condenser water loop, including, without limitation, the routing of any water lines, shall be subject to Landlord’s prior written approval. Tenant shall be responsible for the cost of purchasing and installing a submeter to measure electricity consumed in connection with the Supplemental HVAC Units (other than any such electricity produced by the Generator (defined in Section 8 of Exhibit F attached hereto) (“Tenant-Generated Electricity”)); provided, however, that such measurement shall be required with respect to the Redundant HVAC Areas only after Building Service Hours. Electricity consumed during Building Service Hours in connection with the Supplemental HVAC Units serving the Redundant HVAC Areas (other than Tenant-Generated Electricity) shall be included in Expenses except to the extent that such electrical consumption, when taken together with the balance of the electrical consumption in the Redundant HVAC Areas, exceeds the electrical standard for the Building. Except only as provided in the immediately preceding sentence, all electricity consumed in connection with the Supplemental HVAC Units (other than Tenant-Generated Electricity) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company).
7.05 If, pursuant to any revision to the Plans, a shutoff valve is installed for the potable water system located small satellite dishes on the 14th floor roof of the Building, then, in upon the case execution and delivery by Landlord and Tenant of any leakage from such system, Tenant shall be permitted access to, and may close, such valve without the prior consent of a Satellite Installation Agreement (but with reasonably prompt notice to"Satellite Agreement") Landlordattached hereto as Exhibit "G".
Appears in 1 contract
Building Services. 7.01 Throughout the Term, Landlord shall furnish Tenant with agrees that the ----------------- Building will be maintained and operated in the same manner as other First-Class office Buildings and that, subject to Unavoidable Delays and Legal Requirements, it will furnish. or cause to be furnished, the following services: :
(a1) water Subject to the provisions of subsections (b) and (c), normal and usual electricity for use in the Base operation of ordinary office equipment consisting of an average of eight (8) ▇▇▇▇▇ of demand load per square foot of Rentable Area, exclusive of existing ceiling lighting, plus electricity for the operation of the existing ceiling lighting;
(2) Adequate supplies for core or Building restrooms, any restrooms and break standard toilet rooms located in the PremisesBuilding;
(3) Subject to Tenant's right to furnish its own cleaning and janitorial services as described in subsection (k) hereof, normal and usual cleaning and janitorial services on Business Days in accordance with the room identified standards set forth in the Preliminary Plans as the “pharmacy”; (b) heat and air conditioning in season during Building Service Hours as necessary Exhibit D to maintain the Premises (other than the Separate Electrical/HVAC Areas (defined in Section 7.04 below)) at a comfortable temperature consistent with other class “A” office buildings (this Lease, provided, however, that any cleaning and janitorial services requested by Tenant with respect to any bathrooms in the Leased Premises other than core or Building standard bathrooms shall be furnished by Landlord shall not only upon Tenant's request and at a reasonable additional charge to be liable for any failure to maintain such temperature agreed upon by Landlord and Tenant;
(4) Hot and cold running water in the toilet rooms located in the core areas of the Building and at the valved outlets in the Leased Premises (if any);
(5) Subject to the extent such failure results from provisions of subsections (id) any density of occupancy within the Premises that (x) exceeds the occupancy-density level that is customary for general office use in class “A” office buildings, and (y) is not expressly provided for in the Plansg), (ii) any use of heatheating, ventilating and air-generating equipment in concentrations or quantities in excess of the average concentrations and quantities customarily associated with general office use in class ”A” office buildings, or (iii) Tenant’s failure to keep the window coverings in the Premises closed during periods when the Premises are exposed to direct sunlight). Tenant shall have the right to receive HVAC service (other than for the Separate Electrical/HVAC Areas) during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which charge is $24.00 per hour per floor as of the date of this Lease and shall not be increased during the Term except conditioning to the extent Leased Premises between the hours of any increases in Landlord’s cost therefor) 8:00 A.M. and providing such prior notice as is reasonably specified by Landlord; (c) standard janitorial service 6:00 P.M. on Business Days; provided that the computer room in the Leased Premises shall have 24-hour HVAC service;
(d6) Automatically operated elevator service; service twenty-four (e24) electricity hours a day, seven (7) days a week;
(7) Intentionally Deleted;
(8) Installation of all initial and replacement electric bulbs and fluorescent tubes in accordance light fixtures in the Common Areas;
(9) In addition, an individual shall be stationed in the lobby reception area during business hours. A security access system for the Common Areas of the Building, including ten (10) card entry cards for Tenant's usage with any additional cards to be issued at Tenant's sole cost and expense, which identification cards shall be compatible with the terms and conditions in Section 7.02; Building's card access system;
(f10) Two (2) keys for 24-hour access to each of the Building for Tenant Building's telephone and its employees 24 hours per day/7 days per week, subject janitorial closets pertaining solely to the terms of this Lease and such security or monitoring systems as Landlord may reasonably imposeLeased Premises and, includingif the Leased Premises is not equipped with a card access system, without limitation, sign-in procedures and/or presentation of identification cards; and two (g2) 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 as otherwise provided (a) in this Section 7.02 or elsewhere in this Lease with respect to excess usage, (b) in Section 7.04 below, or (c) in Section 8 of Exhibit F attached hereto. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity or overall load, the electrical standard for the Building. Except with respect keys to the Separate Electrical/HVAC Areas (in which areas electrical usage shall be measured in accordance with Section 7.04 below)Leased Premises, Landlord shall have the right to measure electrical usage by commonly accepted methods. For purposes hereof, the “electrical standard” for the Building is: (i) a design load of 1.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ 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 such keys being understood that electricity required to operate the Base Building HVAC system is not included within or deducted from such 4.0 ▇▇▇▇▇ per square foot described in this clause (ii). If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord for the actual at no cost of such excess electrical usage at the rates charged by the utility provider as Additional Rent.
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 (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute but all additional keys, including replacements for lost keys, shall be issued only upon Tenant's payment of a constructive eviction reasonable cost for each additional key; and
(11) Upon occupancy of the Leased Premises by Tenant's employees, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Without limiting the preceding sentence or Section 7.01 above, cafeteria services in the event of any Service Failure that has a material adverse impact on Building's cafeteria, which Tenant’s business 's employees and is within Landlord’s reasonable control to cure, Landlord shall use commercially reasonable efforts to cure the same. In addition, 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, invitees shall be entitled to receive an abatement use, together with the employees and invitees of Rent payable hereunder Landlord and any other tenants occupying space in the Building, 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 cafeteria's normal operating hours (which hours shall be equitably prorated.
(a) Electricity consumed comparable to the hours of cafeterias in the portions of the Premises identified in the Preliminary Plans as the “server room,” the “UPS room,” and the “test/stage lab” (collectively, the “Separate Electrical/HVAC Areas”) shall be paid for by Tenant, by separate charge billed by the applicable utility companyother First-Class Office Buildings), and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) upon reasonable notice to Landlord (in which event Landlord shall pay the applicable utility company).
(b) Tenantand subject to availability, and at Tenant’s 's sole cost and expense: (i) shall install supplemental HVAC units to provide , the sole source of heat, ventilation and air conditioning to the Separate Electrical/HVAC Areas, and (ii) may (but shall not be obligated to) install supplemental HVAC units to provide a supplemental source of heat, ventilation and air conditioning to the portions use of the Premises identified on the Preliminary Plans as the “customer care department” and the “NOC Room” (collectively, the “Redundant HVAC Areas”), and, in each case, shall connect such supplemental HVAC Units (collectively, the “Supplemental HVAC Units”) to Landlord’s condenser water loop at Tenant’s sole cost and expense. Notwithstanding anything contained to the contrary herein: (1) in no event shall the Supplemental HVAC Units exceed (a) 66 tons for floor 12, (b) 79 tons for the entire initial Premises described in Exhibit A-1, or (c) 10 tons per floor (as appropriately prorated for any partial floors) for any portions of the Premises other than the initial Premises described in Exhibit A-1; and (2) in no event shall the Supplemental HVAC Units that are in operation at any one time exceed (a) 36 tons for floor 12, or (b) 49 tons for the entire initial Premises described in Exhibit A-1. The Supplemental HVAC Units shall be water-cooled units, and in no event shall Tenant be permitted to install air-cooled supplemental HVAC units. Notwithstanding anything to the contrary contained herein, Tenant shall not be permitted to install more than 7 Supplemental HVAC Units for floor 12, or more than 5 Supplemental HVAC Units for any other floor (in each case as appropriately prorated for any partial floor seating area in the Premises). Tenant shall pay to Landlord both a one-time installation fee (in the amount of $257.97 per ton) Building's cafeteria at other times for meetings and a monthly use fee (in the amount of $16.35 per ton per month) for each of the Supplemental HVAC Units to be connected to Landlord’s condenser water loop. All fees shall be payable by Tenant to Landlord within 30 days after billing by Landlord. The manner in which Tenant connects the Supplemental HVAC Units to Landlord’s condenser water loop, including, without limitation, the routing of any water lines, shall be subject to Landlord’s prior written approval. Tenant shall be responsible for the cost of purchasing and installing a submeter to measure electricity consumed in connection with the Supplemental HVAC Units (other than any such electricity produced by the Generator (defined in Section 8 of Exhibit F attached hereto) (“Tenant-Generated Electricity”)); provided, however, that such measurement shall be required with respect to the Redundant HVAC Areas only after Building Service Hours. Electricity consumed during Building Service Hours in connection with the Supplemental HVAC Units serving the Redundant HVAC Areas (other than Tenant-Generated Electricity) shall be included in Expenses except to the extent that such electrical consumption, when taken together with the balance of the electrical consumption in the Redundant HVAC Areas, exceeds the electrical standard for the Building. Except only as provided in the immediately preceding sentence, all electricity consumed in connection with the Supplemental HVAC Units (other than Tenant-Generated Electricity) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company)special events.
7.05 If, pursuant to any revision to the Plans, a shutoff valve is installed for the potable water system located on the 14th floor of the Building, then, in the case of any leakage from such system, Tenant shall be permitted access to, and may close, such valve without the prior consent of (but with reasonably prompt notice to) Landlord.
Appears in 1 contract
Building Services. 7.01 Landlord shall furnish Tenant with the following services: (a) water for use in the Base Building restrooms, any restrooms and break rooms located in the Premises, and the room identified in the Preliminary Plans as the “pharmacy”; (b) heat and air conditioning in season during Building Service Hours as necessary to maintain the Premises (other than the Separate Electrical/HVAC Areas (defined in Section 7.04 below)) at a comfortable temperature consistent with other class “A” office buildings (provided, however, that Landlord shall not be liable for any failure to maintain such temperature to the extent such failure results from (i) any density of occupancy within the Premises that (x) exceeds the occupancy-density level that is customary for general office use in class “A” office buildingsfurnish, and (y) is not expressly provided for in the Plans, (ii) any use of heat-generating equipment in concentrations or quantities in excess of the average concentrations and quantities customarily associated with general office use in class ”A” office buildings, or (iii) Tenant’s failure to keep the window coverings in the Premises closed during periods when the Premises are exposed to direct sunlight). Tenant shall have the right to receive HVAC service (other than for the Separate Electrical/HVAC Areas) during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which charge is $24.00 per hour per floor as of the date of this Lease and shall not be increased during the Term except to the extent of any increases in Landlord’s cost therefor) 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 day, 7 days ----------------- per week, subject heating and cooling as normal seasonal changes may require to the terms provide reasonably comfortable space temperature and ventilation for occupants 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 be paid for by Tenant through inclusion in Expenses, except as otherwise provided (a) in this Section 7.02 or elsewhere in this Lease with respect to excess usage, (b) in Section 7.04 below, or (c) in Section 8 under normal business operation at an occupancy of Exhibit F attached hereto. Without the consent not more than one person per 150 square feet of Landlord, Tenant’s use of Premises Rentable Area and an electrical service shall load not exceed, either in voltage, rated capacity or overall load, the electrical standard for the Building. Except with respect to the Separate Electrical/HVAC Areas (in which areas electrical usage shall be measured in accordance with Section 7.04 below), Landlord shall have the right to measure electrical usage by commonly accepted methods. For purposes hereof, the “electrical standard” for the Building is: (i) a design load of 1.0 exceeding 3.0 ▇▇▇▇▇ per square foot of net usable floor area for all building standard overhead lighting located within Premises Rentable Area. In the event Tenant introduces into the Premises personnel or equipment which requires a voltage overloads the capacity of 480/277 volts; and (ii) a connected load of 4.0 ▇▇▇▇▇ 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 Building system or lessin any other way interferes with the system's ability to perform adequately its proper functions, it being understood that electricity required to operate the Base Building HVAC system is not included within or deducted from such 4.0 ▇▇▇▇▇ per square foot described in this clause (ii). If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord for the actual cost of such excess electrical usage at the rates charged by the utility provider as Additional Rent.
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 (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. Without limiting the preceding sentence or Section 7.01 above, in the event of any Service Failure that has a material adverse impact on Tenant’s business and is within Landlord’s reasonable control to cure, Landlord shall use commercially reasonable efforts to cure the same. In additionsupplementary systems may, if the Premises, or a material portion of the Premises, are made untenantable for a period in excess of 3 consecutive Business Days and 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 receive an abatement of 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.
(a) Electricity consumed in the portions of the Premises identified in the Preliminary Plans as the “server room,” the “UPS room,” and the “test/stage lab” (collectively, the “Separate Electrical/HVAC Areas”) shall be paid for by Tenant, by separate charge billed by the applicable utility company, andneeded, at Landlord’s option's option (but after consultation with Tenant), either: (i) directly to the applicable utility companybe provided by Landlord, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company)at Tenant's expense.
(b) Tenant, at Tenant’s sole cost and expense: Landlord shall also provide:
(i) shall install supplemental HVAC units to provide Passenger elevator service from the sole source of heat, ventilation and air conditioning to the Separate Electrical/HVAC Areas, and existing passenger elevator system.
(ii) may Domestic water service (but shall not be obligated toat temperatures supplied by the city in which the Property is located) install supplemental HVAC units to provide a supplemental source of heatfor drinking, ventilation lavatory and air conditioning toilet purposes, and connection to the portions municipal sewer system.
(iii) Snow and ice removal to the walks, driveways and parking areas which Tenant is entitled to use under this Lease, and landscaping of the Premises identified on the Preliminary Plans as the “customer care department” and the “NOC Room” surrounding grounds.
(collectively, the “Redundant HVAC Areas”), and, in each case, shall connect such supplemental HVAC Units (collectively, the “Supplemental HVAC Units”iv) to Landlord’s condenser water loop at Tenant’s sole cost and expense. Notwithstanding anything contained Free access to the contrary herein: (1) Premises at all times, subject to security precautions from time to time in no event shall the Supplemental HVAC Units exceed (a) 66 tons for floor 12effect, (b) 79 tons for the entire initial Premises described in Exhibit A-1, or and subject always to restrictions based on emergency conditions.
(c) 10 tons per floor (as appropriately prorated Landlord shall have no obligation whatsoever to provide any security for any partial floors) for any portions of the Premises other than or the initial Premises described in Exhibit A-1; Property. If and (2) in no event shall to the Supplemental HVAC Units extent that are in operation at any one time exceed (a) 36 tons for floor 12, or (b) 49 tons Tenant desires to provide security for the entire initial Premises described in Exhibit A-1. The Supplemental HVAC Units shall be water-cooled unitsor for Tenant's employees and invitees or their property, and in no event shall Tenant be permitted to install air-cooled supplemental HVAC units. Notwithstanding anything to the contrary contained herein, Tenant shall not be permitted to install more than 7 Supplemental HVAC Units for floor 12, or more than 5 Supplemental HVAC Units for any other floor (in each case as appropriately prorated for any partial floor in the Premises). Tenant shall pay to Landlord both a one-time installation fee (in the amount of $257.97 per ton) and a monthly use fee (in the amount of $16.35 per ton per month) for each of the Supplemental HVAC Units to be connected to Landlord’s condenser water loop. All fees shall be payable by Tenant to Landlord within 30 days after billing by Landlord. The manner in which Tenant connects the Supplemental HVAC Units to Landlord’s condenser water loop, including, without limitation, the routing of any water lines, shall be subject to Landlord’s prior written approval. Tenant shall be responsible for so doing. Tenant agrees that, as between Landlord and Tenant, it is Tenant's responsibility to advise its agents, employees, contractors and invitees as to the cost foregoing and as to necessary and appropriate safety precautions. Without in any way limiting the operation of purchasing Article 10 hereof, Tenant, for itself and installing its agents, employees, contractors and invitees, hereby expressly waives any claim, action, cause of action or other right which may accrue or arise against Landlord as a submeter result of any damage or injury to measure electricity consumed in connection with the Supplemental HVAC Units (other than person or property of Tenant or any such electricity produced by the Generator (defined in Section 8 of Exhibit F attached hereto) (“Tenant-Generated Electricity”)); providedagent, howeverinvitee, that such measurement shall be required with respect to the Redundant HVAC Areas only after Building Service Hours. Electricity consumed during Building Service Hours in connection with the Supplemental HVAC Units serving the Redundant HVAC Areas (other than Tenant-Generated Electricity) shall be included in Expenses contractor or employee, except to the extent that such electrical consumptionthe same arises from the negligent act or omission of Landlord or its agents, when taken together with the balance of the electrical consumption in the Redundant HVAC Areasemployees or contractors, exceeds the electrical standard for the Building. Except only and will indemnify and hold Landlord harmless from and against any loss, cost, damage or expense suffered by Landlord as provided in the immediately preceding sentence, all electricity consumed in connection with the Supplemental HVAC Units (other than Tenant-Generated Electricity) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company).
7.05 If, pursuant to any revision to the Plans, a shutoff valve is installed for the potable water system located on the 14th floor of the Building, then, in the case result of any leakage from such systemclaim, Tenant shall be permitted access toaction, and may close, such valve without the prior consent cause of (but with reasonably prompt notice to) Landlordaction or other right.
Appears in 1 contract
Sources: Lease (Lycos Inc)
Building Services. 7.01 Throughout the Term, Landlord shall agrees that the Building will be managed and maintained in accordance with generally accepted industry practices and in a manner befitting a modern, first class rental office building in Fairfax County, Virginia, and that, subject to Legal Requirements, it will furnish to Tenant with the following services: :
(a1) water Subject to the provisions of subsection (b), normal and usual electricity for use in lighting purposes and the Base Building restrooms, any restrooms and break operation of ordinary office equipment;
(2) Adequate supplies for toilet rooms located in public areas of the PremisesBuilding;
(3) Normal and usual cleaning and janitorial services after business hours on Business Days in accordance with the standards set forth in Exhibit D attached hereto and made a part hereof, and the room identified in the Preliminary Plans as the “pharmacy”; (b) heat and air conditioning in season during Building Service Hours as necessary to maintain the Premises (other than the Separate Electrical/HVAC Areas (defined in Section 7.04 below)) at a comfortable temperature consistent with other class “A” office buildings (provided, however, that Landlord shall not be liable for any failure to maintain such temperature provide cleaning and janitorial services to the extent such failure results from double-secured areas of the Leased Premises;
(i4) any density of occupancy within the Premises that (x) exceeds the occupancy-density level that is customary for general office use in class “A” office buildings, Hot and (y) is not expressly provided for cold running water in the Plans, (ii) any use of heat-generating equipment toilet rooms located in concentrations or quantities in excess public areas of the average concentrations Building and quantities customarily associated with general office use in class ”A” office buildings, or (iii) Tenant’s failure to keep at valved outlets at the window coverings locations in the Leased Premises closed during periods when the Premises are exposed to direct sunlight). Tenant shall have the right to receive HVAC service shown on Tenant's Space Layout;
(other than for the Separate Electrical/HVAC Areas5) during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which charge is $24.00 per hour per floor as of the date of this Lease and shall not be increased during the Term except Subject to the extent provisions of any increases in Landlord’s cost therefor) and providing such prior notice as is reasonably specified by Landlord; subsections (c) standard janitorial service and (e), heating and air-conditioning to the Leased Premises when required for the comfortable occupancy of the Leased Premises, at reasonable temperatures, pressures and degrees of humidity, and in reasonable volumes and velocities, between the hours of 8:00 A.M. and 7:00 P.M. on Business Days; Days and between the hours of 9:00 A.M. and 1:00 P.M. on Saturdays unless Saturday is a legal holiday;
(d6) Automatically operated 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 facilities 24 hours per day/7 a day, seven days per week, subject to a week throughout the terms Term;
(7) All electric bulbs and fluorescent tubes in permanently installed light fixtures in the Leased Premises and in the public areas 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 the Building;
(g8) Five (5) such other services as Landlord reasonably determines are necessary or appropriate keys for the Property.
7.02 Electricity used by Tenant in suite entry door to each portion of the Leased Premises shall be paid for by Tenant through inclusion in Expenses, except as otherwise provided (a) in this Section 7.02 or elsewhere in this Lease with respect to excess usage, (b) in Section 7.04 below, or (c) in Section 8 of Exhibit F attached hereto. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity or overall load, the electrical standard for the Building. Except with respect to the Separate Electrical/HVAC Areas (in which areas electrical usage shall be measured in accordance with Section 7.04 below), Landlord shall have the right to measure electrical usage by commonly accepted methods. For purposes hereof, the “electrical standard” for the Building is: (i) located on a design load of 1.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ per square foot described in this clause (ii). If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord for the actual separate Floor at no cost of such excess electrical usage at the rates charged by the utility provider as Additional Rent.
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 (defined in Section 26.03) (collectively a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenantbut all additional keys, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. Without limiting the preceding sentence or Section 7.01 above, in the event of any Service Failure that has a material adverse impact on Tenant’s business and is within Landlord’s reasonable control to cure, Landlord shall use commercially reasonable efforts to cure the same. In addition, if the Premises, or a material portion of the Premises, are made untenantable including replacements 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 remedylost keys, shall be entitled to receive an abatement issued only upon the payment of Rent payable hereunder during a reasonable cost for each additional key;
(9) An electronic card security access system for the period beginning on the 4th consecutive Business Day public areas of the Service Failure Building and ending on the day the service has been restored. If the entire Premises have not been rendered untenantable garage and a reasonable number of access cards for use by the Service Failure, the amount of abatement shall be equitably prorated.Tenant's employees; and
(a10) Electricity consumed in the portions A fully-operational structured parking facility for use by tenants of the Premises identified in the Preliminary Plans as the “server room,” the “UPS room,” and the “test/stage lab” (collectively, the “Separate Electrical/HVAC Areas”) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly Building with access limited to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company).
(b) Tenant, at Tenant’s sole cost and expense: (i) shall install supplemental HVAC units to provide the sole source of heat, ventilation and air conditioning to the Separate Electrical/HVAC Areas, and (ii) may (but shall not be obligated to) install supplemental HVAC units to provide a supplemental source of heat, ventilation and air conditioning to the portions of the Premises identified on the Preliminary Plans as the “customer care department” and the “NOC Room” (collectively, the “Redundant HVAC Areas”), and, in each case, shall connect such supplemental HVAC Units (collectively, the “Supplemental HVAC Units”) to Landlord’s condenser water loop at Tenant’s sole cost and expense. Notwithstanding anything contained to the contrary herein: (1) in no event shall the Supplemental HVAC Units exceed (a) 66 tons for floor 12, (b) 79 tons for the entire initial Premises described in Exhibit A-1, or (c) 10 tons per floor (as appropriately prorated for any partial floors) for any portions of the Premises other than the initial Premises described in Exhibit A-1; and (2) in no event shall the Supplemental HVAC Units that are in operation at any one time exceed (a) 36 tons for floor 12, or (b) 49 tons for the entire initial Premises described in Exhibit A-1. The Supplemental HVAC Units shall be water-cooled units, and in no event shall Tenant be permitted to install air-cooled supplemental HVAC units. Notwithstanding anything to the contrary contained herein, Tenant shall not be permitted to install more than 7 Supplemental HVAC Units for floor 12, or more than 5 Supplemental HVAC Units for any other floor (in each case as appropriately prorated for any partial floor in the Premises). Tenant shall pay to Landlord both a one-time installation fee (in the amount of $257.97 per ton) and a monthly use fee (in the amount of $16.35 per ton per month) for each of the Supplemental HVAC Units to be connected to Landlord’s condenser water loop. All fees shall be payable Persons authorized by Tenant to Landlord within 30 days after billing by Landlord. The manner in which Tenant connects the Supplemental HVAC Units to Landlord’s condenser water loop, including, without limitation, the routing of any water lines, shall be subject to Landlord’s prior written approval. Tenant shall be responsible for the cost of purchasing and installing a submeter to measure electricity consumed in connection with the Supplemental HVAC Units (other than any such electricity produced by the Generator (defined in Section 8 of Exhibit F attached hereto) (“Tenant-Generated Electricity”)); provided, however, that such measurement shall be required with respect to the Redundant HVAC Areas only after Building Service Hours. Electricity consumed during Building Service Hours in connection with the Supplemental HVAC Units serving the Redundant HVAC Areas (other than Tenant-Generated Electricity) shall be included in Expenses except to the extent that such electrical consumption, when taken together with the balance of the electrical consumption in the Redundant HVAC Areas, exceeds the electrical standard for the Building. Except only as provided in the immediately preceding sentence, all electricity consumed in connection with the Supplemental HVAC Units (other than Tenant-Generated Electricity) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company).
7.05 If, pursuant to any revision to the Plans, a shutoff valve is installed for the potable water system located on the 14th floor of the Building, then, in the case of any leakage from such system, Tenant shall be permitted access to, and may close, such valve without the prior consent of (but with reasonably prompt notice to) Landlord.
Appears in 1 contract
Building Services. 7.01 Throughout the Term, Landlord shall furnish Tenant with agrees that the following services: (a) water for use Building will be maintained in the Base Building restrooms, any restrooms and break rooms located in the Premisessame manner as other Peer Group Buildings, and the room identified in the Preliminary Plans as the “pharmacy”; (b) heat and air conditioning in season during Building Service Hours as necessary to maintain the Premises (other than the Separate Electrical/HVAC Areas (defined in Section 7.04 below)) at a comfortable temperature consistent with other class “A” office buildings (provided, however, that Landlord shall not be liable for any failure to maintain such temperature to the extent such failure results from (i) any density of occupancy within the Premises that (x) exceeds the occupancy-density level that is customary for general office use in class “A” office buildings, and (y) is not expressly provided for in the Plans, (ii) any use of heat-generating equipment in concentrations or quantities in excess of the average concentrations and quantities customarily associated with general office use in class ”A” office buildings, or (iii) Tenant’s failure to keep the window coverings in the Premises closed during periods when the Premises are exposed to direct sunlight). Tenant shall have the right to receive HVAC service (other than for the Separate Electrical/HVAC Areas) during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which charge is $24.00 per hour per floor as of the date of this Lease and shall not be increased during the Term except to the extent of any increases in Landlord’s cost therefor) 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 weekthat, subject to the terms of this Lease Unavoidable Delays and such security Legal Requirements, it will furnish, or monitoring systems as Landlord may reasonably imposecause to be furnished, all necessary maintenance, repairs, utilities and services, including, without limitation, sign-in procedures and/or presentation the initial capital improvements and equipment installations, as well as the subsequent maintenance, services and repairs as set forth below to the following services:
(1) Subject to the provisions 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 through inclusion in Expenses, except as otherwise provided (a) in this Section 7.02 or elsewhere in this Lease with respect to excess usage, subsections (b) in Section 7.04 below, or and (c) in Section 8 of Exhibit F attached hereto. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity or overall load, the electrical standard for the Building. Except with respect to the Separate Electrical/HVAC Areas (in which areas electrical usage shall be measured in accordance with Section 7.04 below), Landlord shall have normal and usual electricity for lighting purposes and the right to measure electrical usage by commonly accepted methods. For purposes hereof, the “electrical standard” for the Building is: (i) a design load operation of 1.0 ordinary office equipment consisting of an average of 5 ▇▇▇▇▇ per square foot of net usable floor area Rentable Area;
(2) Adequate supplies for all building standard overhead lighting toilet rooms located within in the Common Areas and in the Leased Premises which requires a voltage of 480/277 volts; (if any);
(3) Cleaning and janitorial services after business hours on Business Days in accordance with the standards set forth in Exhibit C to this Lease;
(ii4) a connected load of 4.0 ▇▇▇▇▇ per square foot of net usable area for all equipment Hot and cold running water in the toilet rooms located in the Common Areas 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 4.0 ▇▇▇▇▇ per square foot described in this clause (ii). If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord for the actual cost of such excess electrical usage at valved outlets at the rates charged by locations in the utility provider as Additional Rent.Leased Premises (if any) shown on Tenant's Space Layout;
7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due (5) Subject to the application provisions of Lawssubsections (d), the failure of any equipmentheating, 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. Without limiting the preceding sentence or Section 7.01 above, in the event of any Service Failure that has a material adverse impact on Tenant’s business ventilating and is within Landlord’s reasonable control to cure, Landlord shall use commercially reasonable efforts to cure the same. In addition, 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 receive an abatement of 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.
(a) Electricity consumed in the portions of the Premises identified in the Preliminary Plans as the “server room,” the “UPS room,” and the “test/stage lab” (collectively, the “Separate Electrical/HVAC Areas”) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company).
(b) Tenant, at Tenant’s sole cost and expense: (i) shall install supplemental HVAC units to provide the sole source of heat, ventilation and air air-conditioning to the Separate Electrical/HVAC AreasLeased Premises as may seasonally be required to maintain a minimum temperature within all of the Leased Premises of 72(degree)F in winter when outdoor temperatures are 10(degree)F, or above, and (ii) may (but shall not be obligated to) install supplemental HVAC units to provide a supplemental source of heat, ventilation and air conditioning to the portions maximum temperature within all of the Leased Premises identified of 76(degree)F in summer when outdoor temperatures are 91(degree)F or below, between the hours of 8:00 A.M. and 7:00 P.M. on Business Days and between the Preliminary Plans as hours of 8:00 A.M. and 1:00 P.M. on Saturdays ("normal business hours") unless Saturday is a Legal Holiday in accordance with the “customer care department” and standards set forth in subsection (f);
(6) Automatically operated elevator service 24 hours a day, seven days a week, but Landlord may limit the “NOC Room” (collectively, number of elevators in the “Redundant HVAC Areas”), and, Building in each case, shall connect such supplemental HVAC Units (collectively, the “Supplemental HVAC Units”) to Landlord’s condenser water loop operation at Tenant’s sole cost and expense. Notwithstanding anything contained to the contrary herein: (1) times other than during normal business hours on Business Days but in no event less than one;
(7) All electric bulbs and fluorescent tubes in light fixtures in the Common Areas and Building Standard light fixtures in the Leased Premises shall the Supplemental HVAC Units exceed be promptly replaced when necessary;
(a) 66 tons for floor 12, (b) 79 tons 8) A security access system for the entire initial Premises described in Exhibit A-1, or (c) 10 tons per floor (as appropriately prorated for any partial floors) for any portions of the Premises other than the initial Premises described in Exhibit A-1; and (2) in no event shall the Supplemental HVAC Units that are in operation at any one time exceed (a) 36 tons for floor 12, or (b) 49 tons for the entire initial Premises described in Exhibit A-1. The Supplemental HVAC Units shall be water-cooled units, and in no event shall Tenant be permitted to install air-cooled supplemental HVAC units. Notwithstanding anything to the contrary contained herein, Tenant shall not be permitted to install more than 7 Supplemental HVAC Units for floor 12, or more than 5 Supplemental HVAC Units for any other floor (in each case as appropriately prorated for any partial floor in the Premises). Tenant shall pay to Landlord both a one-time installation fee (in the amount of $257.97 per ton) and a monthly use fee (in the amount of $16.35 per ton per month) for each of the Supplemental HVAC Units to be connected to Landlord’s condenser water loop. All fees shall be payable by Tenant to Landlord within 30 days after billing by Landlord. The manner in which Tenant connects the Supplemental HVAC Units to Landlord’s condenser water loop, including, without limitation, the routing of any water lines, shall be subject to Landlord’s prior written approval. Tenant shall be responsible for the cost of purchasing and installing a submeter to measure electricity consumed in connection with the Supplemental HVAC Units (other than any such electricity produced by the Generator (defined in Section 8 of Exhibit F attached hereto) (“Tenant-Generated Electricity”)); provided, however, that such measurement shall be required with respect to the Redundant HVAC Common Areas only after Building Service Hours. Electricity consumed during Building Service Hours in connection with the Supplemental HVAC Units serving the Redundant HVAC Areas (other than Tenant-Generated Electricity) shall be included in Expenses except to the extent that such electrical consumption, when taken together with the balance of the electrical consumption in the Redundant HVAC Areas, exceeds the electrical standard for the Building. Except only as provided in the immediately preceding sentence, all electricity consumed in connection with the Supplemental HVAC Units (other than Tenant-Generated Electricity) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company).
7.05 If, pursuant to any revision to the Plans, a shutoff valve is installed for the potable water system located on the 14th floor of the Building; and
(9) Sufficient access cards, then, to be used in conjunction with the case of any leakage from such security system, to provide each employee of Tenant shall be permitted access towith a card, and may close, such valve without the prior consent of (but with reasonably prompt notice to) Landlorda system for disarming and replacing cards as employees leave or are replaced.
Appears in 1 contract
Building Services. 7.01 Throughout the Term, Landlord shall furnish Tenant with agrees that the Building will be maintained in the same manner as other Peer Group Buildings, and that, subject to Unavoidable Delays and Legal Requirements, it will furnish, or cause to be furnished, the following services: :
(a1) water for use in Subject to the Base Building restrooms, any restrooms and break rooms located in the Premises, and the room identified in the Preliminary Plans as the “pharmacy”; provisions of subsections (b) heat and air conditioning in season during (c), normal and usual electricity for lighting, heating, ventilating and cooling the Leased Premises and Building Service Hours as necessary to maintain temperatures comparable to those of Peer Group Buildings, and Landlord will supply an additional five (5) ▇▇▇▇▇ of electricity per square foot of Rentable Area for the Premises (other than the Separate Electrical/HVAC Areas (defined in Section 7.04 below)) at a comfortable temperature consistent with other class “A” operation of ordinary office buildings (equipment; provided, however, that Landlord shall not be liable for any failure to maintain such temperature to utilities, including without limitation the extent such failure results from total costs (iincluding all capacity, energy and usage charges) any density of occupancy within the Premises that (x) exceeds the occupancy-density level that is customary for general office use in class “A” office buildings, and (y) is not expressly provided for in the Plans, (ii) any use of heat-generating equipment in concentrations or quantities in excess of the average concentrations and quantities customarily associated with general office use in class ”A” office buildings, or (iii) Tenant’s failure to keep the window coverings in the Premises closed during periods when the Premises are exposed to direct sunlight). Tenant shall have the right to receive HVAC service (other than for the Separate Electrical/HVAC Areas) during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which charge is $24.00 per hour per floor as of the date of this Lease and shall not be increased during the Term except to the extent of any increases in Landlord’s cost therefor) obtaining and providing such prior notice as is reasonably specified by Landlord; electricity or heating and cooling and life safety power generation from Trigen-Inner Harbor East LLC (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 security or monitoring systems as Landlord may reasonably imposeany successor entity, including, without limitation, sign-in procedures and/or presentation of identification cards; and Veolia Energy Inner Harbor East, LLC) (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property.
7.02 Electricity used by Tenant in “Trigen Charges”), provided to the Leased Premises shall be paid for by sub-metered and Tenant through inclusion in Expensesshall pay the cost of all such utilities directly to the applicable utility provider, except as otherwise provided (a) in this that, subject to Section 7.02 or elsewhere in this Lease with respect to excess usage, (b) in Section 7.04 below, or (c) in Section 8 of Exhibit F attached hereto. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity or overall load2, the electrical standard for the Building. Except electricity and Trigen Charges with respect to the Separate Electrical/HVAC Areas (in which areas electrical usage portion of the Leased Premises comprised of the 4th Floor Space shall be measured billed to Tenant by Landlord on a monthly basis and shall be an amount equal to the Trigen Charges for the preceding month multiplied by a percent based on the percentage of the 4th Floor occupied by Tenant;
(2) Adequate supplies for toilet rooms located in the Common Areas and in the Leased Premises (if any);
(3) Cleaning and janitorial services after business hours on Business Days in accordance with Section 7.04 belowthe standards set forth in Exhibit C to this Lease;
(4) Hot and cold running water in the toilet rooms located in the Common Areas and at valved outlets at the locations in the Leased Premises (if any) shown on Tenant’s Space Layout;
(5) Subject to the provisions of subsections (d), Landlord shall have heating, ventilating and air-conditioning to the right to measure electrical usage by commonly accepted methods. For purposes hereof, Leased Premises between the “electrical standard” for the Building is: (i) a design load hours of 1.0 8:00 A.M. and 7:00 P.M. on Business Days and ▇▇▇▇▇▇ 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 4.0 ▇▇▇▇▇▇ 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 4.0 ▇▇▇▇’▇ per square foot described Birthday, President’s Day, Columbus Day and Veteran’s Day and between the hours of 8:00 A.M. and 1:00 P.M. on Saturdays unless Saturday is a Legal Holiday in this clause accordance with the standards set forth in subsection (iif). If it is determined that Tenant is using excess electricity;
(6) Automatically operated elevator service twenty-four (24) hours a day, Tenant shall pay seven (7) days a week, but Landlord for may limit the actual cost number of such excess electrical usage at the rates charged by the utility provider as Additional Rent.
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 (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. Without limiting the preceding sentence or Section 7.01 above, elevators in the event of any Service Failure that has a material adverse impact on Tenant’s business and is within Landlord’s reasonable control to cure, Landlord shall use commercially reasonable efforts to cure the same. In addition, 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 receive an abatement of 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.
(a) Electricity consumed in the portions of the Premises identified in the Preliminary Plans as the “server room,” the “UPS room,” and the “test/stage lab” (collectively, the “Separate Electrical/HVAC Areas”) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company).
(b) Tenant, at Tenant’s sole cost and expense: (i) shall install supplemental HVAC units to provide the sole source of heat, ventilation and air conditioning to the Separate Electrical/HVAC Areas, and (ii) may (but shall not be obligated to) install supplemental HVAC units to provide a supplemental source of heat, ventilation and air conditioning to the portions of the Premises identified on the Preliminary Plans as the “customer care department” and the “NOC Room” (collectively, the “Redundant HVAC Areas”), and, in each case, shall connect such supplemental HVAC Units (collectively, the “Supplemental HVAC Units”) to Landlord’s condenser water loop at Tenant’s sole cost and expense. Notwithstanding anything contained to the contrary herein: (1) in no event shall the Supplemental HVAC Units exceed (a) 66 tons for floor 12, (b) 79 tons for the entire initial Premises described in Exhibit A-1, or (c) 10 tons per floor (as appropriately prorated for any partial floors) for any portions of the Premises other than the initial Premises described in Exhibit A-1; and (2) in no event shall the Supplemental HVAC Units that are Building in operation at any one time exceed times other than during normal business hours on Business Days;
(a7) 36 tons for floor 12, or All electric bulbs and fluorescent tubes in light fixtures in the Common Areas and Building Standard light fixtures in the Leased Premises shall be promptly replaced when necessary;
(b) 49 tons 8) A security access system for the entire initial Premises described Common Areas of the Building as shown on Exhibit J;
(9) Sufficient access cards, to be used in Exhibit A-1. The Supplemental HVAC Units shall be water-cooled unitsconjunction with the security system, to provide each employee of Tenant with a card, and in no event shall Tenant be permitted a system for disarming and replacing cards as employees leave or are replaced; and
(10) Access to install air-cooled supplemental HVAC units. Notwithstanding anything to the contrary contained hereinfiber optic cable service for Tenant’s telecommunications requirements, Tenant shall not be permitted to install more than 7 Supplemental HVAC Units for floor 12, or more than 5 Supplemental HVAC Units for any other floor (in each case as appropriately prorated for any partial floor in the Premises). Tenant shall pay to Landlord both a one-time installation fee (in the amount of $257.97 per ton) and a monthly use fee (in the amount of $16.35 per ton per month) for each of the Supplemental HVAC Units to be connected to Landlord’s condenser water loop. All fees shall be payable by Tenant to Landlord within 30 days after billing by Landlord. The manner in which Tenant connects the Supplemental HVAC Units to Landlord’s condenser water loop, including, without limitation, the routing of any water lines, shall be subject to Landlord’s prior written approval. Tenant shall be responsible for the cost of purchasing and installing a submeter to measure electricity consumed in connection with the Supplemental HVAC Units (other than any such electricity produced by the Generator (defined in Section 8 of Exhibit F attached hereto) (“Tenant-Generated Electricity”)); provided, however, that such measurement shall be required with respect to the Redundant HVAC Areas only after Building Service Hours. Electricity consumed during Building Service Hours in connection with the Supplemental HVAC Units serving the Redundant HVAC Areas (other than Tenant-Generated Electricity) shall be included in Expenses except to the extent that such electrical consumption, when taken together with the balance of the electrical consumption in the Redundant HVAC Areas, exceeds the electrical standard for the Building. Except only as provided in the immediately preceding sentence, all electricity consumed in connection with the Supplemental HVAC Units (other than Tenant-Generated Electricity) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company)including internet access.
7.05 If, pursuant to any revision to the Plans, a shutoff valve is installed for the potable water system located on the 14th floor of the Building, then, in the case of any leakage from such system, Tenant shall be permitted access to, and may close, such valve without the prior consent of (but with reasonably prompt notice to) Landlord.
Appears in 1 contract
Building Services. 7.01 (a) The Landlord shall agrees to furnish Tenant with to the Tenant, Premises, Common Areas and Building, as applicable, during the Term of this Lease, the following services: (a) water for use in the Base Building restrooms, any restrooms and break rooms located in the Premises, and the room identified in the Preliminary Plans as the “pharmacy”; (b) heat and air conditioning in season during Building Service Hours as necessary to maintain the Premises (other than the Separate Electrical/HVAC Areas (defined in Section 7.04 below)) at a comfortable temperature consistent with other class “A” office buildings (provided, however, that Landlord shall not be liable for any failure to maintain such temperature to the extent such failure results from :
(i) any density Cold water for drinking, lavatory, toilet, and ordinary cleaning purposes at those points of occupancy within supply provided for general use of other tenants in the Office Section (or the First Floor Space, if applicable).
(ii) Subject to all binding federal and local energy conservation regulations, heating, ventilation and air-conditioning during Business Hours (including such service to the Mezzanine on the day after Thanksgiving from 7:00 A.M. until 6:00 P.M.), as required to maintain an inside temperature between seventy degrees (70o) and seventy-four degrees (74o) F DB and relative humidity between forty-five percent (45%) and fifty-five percent (55%). The Landlord shall use its best efforts to cause the Premises that and Common Areas to comply (x1) exceeds with all applicable state and local building codes, the occupancymost recent standards established by the American Society of Heating, Refrigeration, and Air Conditioning Engineers (the “ASHRAE”) for high-density level that is customary for general office use in class “A” rise office buildings, and standards customarily adopted for Class A high-rise buildings and (y2) is not expressly provided for in with the PlansASHRAE Standard 62, (ii) any use of heat-generating equipment in concentrations or quantities in excess of the average concentrations and quantities customarily associated with general office use in class ”A” office buildings, or latest edition.
(iii) Tenant’s failure Routine maintenance, painting and electric lighting service for all Common Areas and Service Areas of the Development and facilities related thereto.
(iv) Janitorial service to keep the window coverings in the Premises closed and the Mezzanine on a five (5) day a week basis, exclusive of Holidays in accordance with the specifications as set forth in Exhibit “F”, including, but not limited to, any and all restrooms located within the Premises. Notwithstanding the foregoing, the Landlord understands that the Tenant has high standards for building services. Accordingly, at any time during periods when the Premises are exposed Term upon sixty (60) days advance notice to direct sunlight). the Landlord, the Tenant shall have the continuing right, provided that such right to receive HVAC service (other than for the Separate Electrical/HVAC Areas) during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which charge is $24.00 per hour per floor as of the date of this Lease and shall not be increased during unreasonably exercised (the Term except exercise of such right for security purposes shall not be deemed unreasonable), to the extent provide thereafter, directly or indirectly, cleaning contractors of any increases in Landlord’s cost therefor) 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 its own choice 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 clean the Premises (the “Tenant Janitors”), the cost of which shall be paid no less frequently than monthly by the Tenant (the “Tenant Cleaning Costs”). The Tenant shall be entitled monthly to a credit against its share of the cost of the Additional Rent for by Tenant through inclusion such month in Expenses, except as otherwise provided (a) in this Section 7.02 or elsewhere in this Lease with respect to excess usage, (b) in Section 7.04 below, or (c) in Section 8 of Exhibit F attached hereto. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity or overall load, the electrical standard for the Building. Except with respect an amount equal to the Separate Electrical/HVAC Areas (Tenant Cleaning Cost actually borne by the Tenant for such monthly period, but in which areas electrical usage shall be measured in accordance with Section 7.04 below), Landlord shall have no event to exceed that portion of the right to measure electrical usage by commonly accepted methods. For purposes hereof, the “electrical standard” Operating Expense for janitorial services for the Building is: (i) on a design load of 1.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ per square foot described in this clause (ii). If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord for the actual cost of such excess electrical usage at the rates charged by the utility provider Rentable Area as Additional Rent.
7.03 Landlord’s failure to furnish, or any interruption, diminishment or termination of services due applied to the application Premises. Upon receipt 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. Without limiting the preceding sentence or Section 7.01 above, in the event of any Service Failure that has a material adverse impact on Tenant’s business and is within Landlord’s reasonable control to cure, Landlord shall use commercially reasonable efforts to cure the same. In addition, if the Premises, or a material portion notice 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 receive an abatement of 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.
(a) Electricity consumed in the portions of the Premises identified in the Preliminary Plans as the “server room,” the “UPS room,” and the “test/stage lab” (collectively, the “Separate Electrical/HVAC Areas”) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company).
(b) Tenant, at Tenant’s sole cost and expense: (i) shall install supplemental HVAC units election to provide the sole source of heatTenant Janitors, ventilation and air conditioning the Landlord shall be excused from any obligation to provide janitorial services to the Separate Electrical/HVAC Areas, and Premises until thirty (ii30) may (but shall not be obligated to) install supplemental HVAC units days after such time that the Landlord receives notice in writing that the Tenant elects for the Landlord to provide a supplemental source of heat, ventilation and air conditioning to the portions resume delivery of the Premises identified on the Preliminary Plans as the “customer care department” and the “NOC Room” (collectively, the “Redundant HVAC Areas”), and, in each case, shall connect such supplemental HVAC Units (collectively, the “Supplemental HVAC Units”) to Landlord’s condenser water loop at Tenant’s sole cost and expense. Notwithstanding anything contained to the contrary herein: (1) in no event shall the Supplemental HVAC Units exceed (a) 66 tons for floor 12, (b) 79 tons janitorial services for the entire initial Premises described in Exhibit A-1, or (c) 10 tons per floor (as appropriately prorated for any partial floors) for any portions of the Premises other than the initial Premises described in Exhibit A-1; and (2) in no event shall the Supplemental HVAC Units that are in operation at any one time exceed (a) 36 tons for floor 12, or (b) 49 tons for the entire initial Premises described in Exhibit A-1. The Supplemental HVAC Units shall be water-cooled units, and in no event shall Tenant be permitted to install air-cooled supplemental HVAC unitsPremises. Notwithstanding anything to the contrary contained hereincontrary, should the Landlord determine, in its commercial reasonable judgment, that the Tenant Janitors shall fail to provide on a consistent basis janitorial services to the Premises in accordance with the requirements as set forth in Exhibit “F”, then the Landlord shall deliver written notice to the Tenant of such deficiencies with specificity, and the Tenant shall not be permitted have thirty (30) days after receipt of such notice to install more than 7 Supplemental HVAC Units for floor 12cause the Tenant Janitors to rectify the enumerated deficiencies. If, or more than 5 Supplemental HVAC Units for any other floor (in each case as appropriately prorated for any partial floor in the Premises). Landlord’s commercially reasonable judgment, the Tenant Janitors fail to timely rectify such deficiencies or fail to maintain such improved service for a minimum of six (6) months after each notice from the Landlord, then upon written notice from the Landlord to the Tenant, the Tenant shall pay discharge the Tenant Janitors within no greater than forty-five (45) days of receipt of such notice and the Landlord shall resume janitorial services to Landlord both a one-time installation fee (in the amount of $257.97 per ton) and a monthly use fee (in the amount of $16.35 per ton per month) for each of the Supplemental HVAC Units to be connected to Landlord’s condenser water loop. All fees shall be payable by Tenant to Landlord within 30 days after billing by Landlord. The manner in which Tenant connects the Supplemental HVAC Units to Landlord’s condenser water loopPremises, including, without limitation, the routing of any water lines, shall be subject to Landlord’s prior written approval. Tenant shall be responsible for coincident with such discharge at the cost of purchasing which shall be paid as an Operating Expense.
(v) Building Standard fluorescent lighting composed of 2’ x 4’ fixtures, to the extent set forth in the Tenant’s Plans and installing a submeter to measure electricity consumed Specifications (as described in connection with the Supplemental HVAC Units (other than any such electricity produced by the Generator (defined in Section 8 of Exhibit F attached hereto) (“Tenant-Generated Electricity”Work Letter)); provided, subject, however, that such measurement to the requirements of Section 10.01.
(vi) Building Standard light fixtures as well as any starters, ballasts and bulbs for any Building Standard light fixture or any starters, ballasts and bulbs for any Tenant light fixture, which utilizes the same starters, ballasts and bulbs as the Building Standard light fixture. For the purpose of this section Building Standard light fixtures shall be required defined as 2’x4’ lay in fixture with respect parabolic lens, with 4 ft T-8 fluorescent bulb and 2’x2’ lay in fixture with parabolic lens, with T-8 U-Tube fluorescent bulb. Replacement and/or maintenance of any other light fixtures as well as starters, ballasts and bulbs for such light fixtures, located in the Tenant’s Premises shall be at the Tenant’s expense.
(vii) Electricity to the Redundant HVAC Common Areas only after Building and Service Hours. Electricity consumed during Building Service Hours in connection with Areas of the Supplemental HVAC Units serving the Redundant HVAC Areas (other than Tenant-Generated Electricity) shall be included in Expenses except Development, and to the extent that such electrical consumption, when taken together with the balance of the electrical consumption Premises in the Redundant HVAC Areas, exceeds the electrical standard quantities necessary for normal office use and for the Building. Except only as provided in the immediately preceding sentence, all electricity consumed in connection with the Supplemental HVAC Units (other than Tenant-Generated Electricity) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company)Building Standard fluorescent lighting.
7.05 If, pursuant to any revision to the Plans, a shutoff valve is installed for the potable water system located on the 14th floor of the Building, then, in the case of any leakage from such system, Tenant shall be permitted access to, and may close, such valve without the prior consent of (but with reasonably prompt notice to) Landlord.
Appears in 1 contract
Building Services. 7.01 A. On the Commencement Date, Landlord shall deliver the Building with HVAC systems and utilities in conformance with the specifications attached hereto as Appendix “D”.
B. During Tenant’s business hours, in the event Landlord manages the Property as provided in Section 6. D hereof, Landlord shall furnish Tenant with and maintain the following services: (a) water for use following:
1. HVAC systems to provide a temperature condition as provided in the Base Building restroomsspecifications attached to Appendix “D”;
2. Passenger elevator service. Operatorless automatic passenger and freight elevator service shall be deemed “elevator service” within the meaning of this subsection;
3. Janitor and cleaning services in and about the Premises in accordance with Appendix “H”, any restrooms Saturdays, Sundays and break rooms located Holidays (Thanksgiving, Christmas, New Years, Memorial Day, Labor Day, and Independence Day) excepted; and
4. Window washing of all windows (inside and out) in the Premises, at such times as shall be reasonably required, provided however, that the inside and outside windows shall be washed no less than four (4) times per year, weather permitting.
5. Maintenance of all Common Areas; maintenance and repair responsibilities for the roof, exterior walls, exterior windows and waterproofing, floor slabs, and all other structural components of the Building; and maintenance of all parking areas, walks, landscaping and all other Common Areas, all as may be necessary to keep them in a first-class, good, serviceable and neat condition; and compliance with all laws affecting the Premises, and the room identified Common Areas, the cost of which, only to the extent applicable, shall be included in Operating Costs.
6. Landlord agrees to provide all utilities to the Premises as provided in the Preliminary Plans specifications attached to Appendix “D”. Notwithstanding anything in this Lease to the contrary, if by reason of Landlord’s failure to provide the services herein covenanted to be provided by Landlord, or by reason of any other failure by Landlord to perform its obligation hereunder, with respect to any matter under Landlord’s reasonable control, reason of any Force Majeure event described in Section 26 hereof, any part of the Premises is rendered untenantable, then Tenant shall be entitled, if such failure continues for three (3) or more consecutive days, to an equitable abatement against the rent due hereunder to the extent of such untenantability from the date of interruption of services through restoration of services. To the extent that such condition continues for thirty (30) days or more, Tenant shall, after thirty (30) days prior written notice to Landlord and Landlord’s mortgagee of Tenant has notice (which time period shall be reduced in the event of an emergency) have the right to exercise self-help as flier described in Section 28 hereof. In connection with exercising such self-help right, Tenant may enter in and upon all portions of the Premises and Common Areas to make repairs, improvements, and alterations (collectively, “pharmacyRepairs”; (b) heat and air conditioning in season during Building Service Hours as Tenant reasonably deems necessary to maintain correct such failure, all at the reasonable cost and expense of Landlord. Tenant shall be entitled to a credit against the rent due hereunder for all amounts incurred by it in connection with exercising such self-help rights, together with interest thereon at the rate set forth in Section 5-B hereof from the date incurred until the date paid by Landlord or credited against rent. If such untenantability continues for one hundred and twenty (120) consecutive days, Tenant may elect to terminate this Lease.
C. Electricity shall not be furnished by Landlord, but except as otherwise hereinafter provided, shall be furnished by the electric utility company serving the area (“Electric Service Provider”). Landlord shall deliver the Premises so that the Tenant shall receive such service as well as all other utility services, directly from the applicable public utility company. The electricity used during the performance of janitorial service, the making of alterations or repairs in the Premises (other than the Separate Electrical/HVAC Areas (defined in Section 7.04 below)) at a comfortable temperature consistent with other class “A” office buildings (provided, however, that Landlord shall not be liable for any failure to maintain such temperature to the extent such failure results from (i) any density of occupancy within the Premises that (x) exceeds the occupancy-density level that is customary for general office use in class “A” office buildings, and (y) is not expressly provided for in the Plans, (ii) any use of heat-generating equipment in concentrations or quantities in excess of the average concentrations and quantities customarily associated with general office use in class ”A” office buildings, or (iii) Tenant’s failure to keep the window coverings in the Premises closed during periods when the Premises are exposed to direct sunlight). Tenant shall have the right to receive HVAC service (other than Work) and for the Separate Electrical/HVAC Areas) during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service (which charge is $24.00 per hour per floor as of the date of this Lease and shall not be increased during the Term except to the extent of any increases in Landlord’s cost therefor) 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 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 be paid for by Tenant through inclusion in Expenses, except as otherwise provided (a) in this Section 7.02 or elsewhere in this Lease with respect to excess usage, (b) in Section 7.04 below, or (c) in Section 8 of Exhibit F attached hereto. Without the consent of Landlord, Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity or overall load, the electrical standard for the Building. Except with respect to the Separate Electrical/HVAC Areas (in which areas electrical usage shall be measured in accordance with Section 7.04 below), Landlord shall have the right to measure electrical usage by commonly accepted methods. For purposes hereof, the “electrical standard” for the Building is: (i) a design load of 1.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ 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 4.0 ▇▇▇▇▇ per square foot described in this clause (ii). If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord for the actual cost of such excess electrical usage at the rates charged by the utility provider as Additional Rent.
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 (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. Without limiting the preceding sentence or Section 7.01 above, in the event of any Service Failure that has a material adverse impact on Tenant’s business and is within Landlord’s reasonable control to cure, Landlord shall use commercially reasonable efforts to cure the same. In addition, if the Premises, or a material portion operation of the Premises, are made untenantable ’ air conditioning system at times other than as provided herein; or the operation of any special air conditioning systems which may be required 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 data processing equipment or for other special equipment or machinery installed by Tenant, as its sole remedy, shall be entitled to receive an abatement of 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.
(a) Electricity consumed in the portions of the Premises identified in the Preliminary Plans as the “server room,” the “UPS room,” and the “test/stage lab” (collectively, the “Separate Electrical/HVAC Areas”) shall be paid for by Tenant. Tenant shall make no material alterations or additions to the electric equipment without the prior written consent of the Landlord in each instance, by separate charge billed by which consent shall not be unreasonably withheld, delayed or conditioned. Tenant covenants and agrees that at all times its use of electric current shall never exceed the applicable utility company, and, at Landlord’s option, either: (i) capacity of the feeders to the Building or the risers or wiring installed thereon.
D. Landlord shall deliver the Building on the Commencement Date with all utilities separately metered and Tenant shall pay directly to the applicable utility companyproper authorities charged with the collection thereof all charges for water, sewer, gas, electricity, telephone and other utilities used or (ii) to Landlord (in which event Landlord shall pay consumed on the applicable utility company)Premises.
(b) Tenant, at Tenant’s sole cost and expense: (i) shall install supplemental HVAC units to provide E. To the sole source of heat, ventilation and air conditioning to the Separate Electrical/HVAC Areas, and (ii) may (but shall not be obligated to) install supplemental HVAC units to provide a supplemental source of heat, ventilation and air conditioning to the portions of the Premises identified on the Preliminary Plans as the “customer care department” and the “NOC Room” (collectively, the “Redundant HVAC Areas”), and, in each case, shall connect such supplemental HVAC Units (collectively, the “Supplemental HVAC Units”) to Landlord’s condenser water loop at Tenant’s sole cost and expense. Notwithstanding anything contained to the contrary herein: (1) in no event shall the Supplemental HVAC Units exceed (a) 66 tons for floor 12, (b) 79 tons for the entire initial Premises described in Exhibit A-1, or (c) 10 tons per floor (as appropriately prorated for any partial floors) for any portions of the Premises other than the initial Premises described in Exhibit A-1; and (2) in no event shall the Supplemental HVAC Units that are in operation at any one time exceed (a) 36 tons for floor 12, or (b) 49 tons for the entire initial Premises described in Exhibit A-1. The Supplemental HVAC Units shall be water-cooled units, and in no event shall Tenant be extent permitted to install air-cooled supplemental HVAC units. Notwithstanding anything to the contrary contained hereinby law, Tenant shall not be permitted have the right at any time and from time to install more than 7 Supplemental HVAC Units time during the Term to contract for floor 12or purchase utility services from any company or third party, or more than 5 Supplemental HVAC Units for any other floor (in each case as appropriately prorated for any partial floor in the Premises). Tenant shall pay to Landlord both a one-time installation fee (in the amount of $257.97 per ton) and a monthly use fee (in the amount of $16.35 per ton per month) for each of the Supplemental HVAC Units to be connected to Landlord’s condenser water loop. All fees shall be payable by Tenant to Landlord within 30 days after billing by Landlord. The manner in which Tenant connects the Supplemental HVAC Units to Landlord’s condenser water loop, including, including without limitation, the routing of any electricity, steam, chilled water lines, shall be subject to Landlord’s prior written approval. and natural gas.
F. Tenant shall be responsible for allowed twenty-four (24) hour, seven (7) day a week access to the cost of purchasing Building and installing a submeter to measure electricity consumed in connection with the Supplemental HVAC Units (other than any such electricity produced by the Generator (defined in Section 8 of Exhibit F attached hereto) (“Tenant-Generated Electricity”)); provided, however, that such measurement shall be required with respect able to the Redundant HVAC Areas only after Building Service Hours. Electricity consumed during Building Service Hours in connection with the Supplemental HVAC Units serving the Redundant HVAC Areas (other than Tenant-Generated Electricity) shall be included in Expenses except to the extent that such electrical consumptionrequest all services of Landlord outside of normal business hours, when taken together with the balance of the electrical consumption in the Redundant HVAC Areas, exceeds the electrical standard for the Building. Except only as provided in the immediately preceding sentence, Tenant pays all electricity consumed in connection with the Supplemental HVAC Units (other than Tenant-Generated Electricity) shall be paid for by Tenant, by separate charge billed by the applicable utility company, and, at Landlord’s option, either: (i) directly to the applicable utility company, or (ii) to Landlord (in which event Landlord shall pay the applicable utility company)actual documented overtime costs.
7.05 If, pursuant to any revision to the Plans, a shutoff valve is installed for the potable water system located on the 14th floor of the Building, then, in the case of any leakage from such system, Tenant shall be permitted access to, and may close, such valve without the prior consent of (but with reasonably prompt notice to) Landlord.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)