Common use of Center Services Clause in Contracts

Center Services. 5.1. Provided Tenant is not in default under any of the provisions of the Lease following the expiration of any applicable notice and cure periods, Landlord shall provide, to the extent of and in the same manner as other buildings of similar type in the same geographical location as the Building, the following services and facilities, the cost of which will be borne as set forth in Sections 3 and 4 above: 5.1.1. Air conditioning and heating, through the HVAC system of the Building, except that Landlord shall not be responsible in any manner for any equipment installed by Tenant as part of the Tenant Improvements. Tenant agrees to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may reasonably prescribe for the proper and economical functioning and protection of the air conditioning system. 5.1.2. Electric current for illumination for standard general office use and the operation of standard general office equipment. If the nature of Tenant’s use requires additional lines, risers or other electrical equipment, Landlord shall install the same at Tenant’s cost and expense and Tenant shall also pay any abnormal electric usage charges. 5.1.3. Cleaning, maintenance and repair service of the public toilet rooms in the Center, which shall not include the restrooms in the Demised Premises. 5.1.4. Cleaning of outside of exterior window panes. 5.1.5. Cleaning, maintenance and repair of common areas. 5.1.6. Normal janitorial service for the office space in the Demised Premises and normal janitorial service for any other portions of the Demised Premises, if and only if Tenant has elected to have Landlord clean such other portions of the Demised Premises at Tenant’s expense. 5.1.7. Hot and cold water for lavatory, general laboratory and drinking purposes; if Tenant requires water for additional purposes or requires an abnormal amount of water, Tenant shall pay the cost thereof as shown on a meter to be installed and maintained at Tenant’s expense to measure such consumption. 5.1.8. Maintenance service for the changing of light bulbs in the Demised Premises and the Center, the cost of which as it relates solely to the Demised Premises shall be borne by Tenant and the cost of which as it relates to the common areas of the Center shall be included in the calculation of Operating Expenses. 5.2. It is understood that Landlord does not warrant that any of the services referred to in this Section 5 will be free from interruption from causes beyond the control of Landlord. Landlord reserves the right, without any liability to Tenant, and without being in breach of any covenant of this Lease, to interrupt or suspend service of any of the heating, ventilating, air-conditioning, electric, sanitary, or other Center systems serving the Demised Premises, or the providing of any of the other services required of Landlord under this Lease, whenever and for so long as may be necessary by reason of accidents, emergencies, strikes or the making of repairs or changes which Landlord is required by this Lease or by law to make or in good ▇▇▇▇▇ ▇▇▇▇▇ advisable, or by reason of difficulty in securing proper supplies of fuel, steam, water, electricity, labor or supplies, or by reason of any other cause beyond Landlord’s reasonable control, including without limitation, mechanical failure and governmental restrictions on the use of materials or the use of any of the Center’s systems. In each instance, however, Landlord shall exercise commercially reasonable diligence to eliminate the cause of interruption and to effect restoration of service, and shall give Tenant reasonable notice, when practicable, of the commencement and anticipated duration of such interruption. Tenant shall not be entitled to any diminution or abatement of rent or other compensation nor shall this Lease or any of the obligations of the Tenant be affected or reduced by reason of the interruption, stoppage or suspension of any of the Center’s systems or services. Notwithstanding the foregoing, in the event of an interruption of services that is within Landlord’s reasonable control and does not result from any equipment or systems installed by Tenant and lasts in excess of three (3) business days, Tenant’s rent shall ▇▇▇▇▇ in the following proportions: (i) if the office space is rendered untenantable and unusable, 15% of rent shall ▇▇▇▇▇ from the first (1st) business day of interruption until normal service has been restored; and (ii) if the lab space is untenantable and unusable, 70% of rent shall ▇▇▇▇▇ from the first (1st) business day of interruption until normal service has been restored, except that if Tenant is able to use at least one (1) biology lab and one (1) chemistry lab, then only 25% of rent shall so ▇▇▇▇▇; provided that in each instance, Tenant does not in fact use the Demised Premises during such time and Tenant promptly provides notice to Landlord of such interruption. If Landlord shall elect to provide security services from time to time, they shall be for deterrence purposes only. Landlord shall not under any circumstances be liable for personal injury or property damage or loss incurred by Tenant or its employees, agents, contractors or invitees which the security service failed to prevent. 5.3. Tenant shall not install any equipment of any kind or nature whatsoever which would or might necessitate any changes, replacement or additions to the water, plumbing, heating, air conditioning or the electrical systems servicing the Demised Premises or any other portion of the Center; nor install any plumbing fixtures in the Demised Premises except pursuant to Tenant’s Construction Documents as outlined in Exhibit “B” for the purposes of the Tenant Improvements; nor use in excess of normal office use any of the utilities, the common areas of the Building, the janitorial or trash removal services, or any other services or portions of the Building without the prior written consent of the Landlord, and in the event such consent is granted, the cost of any such installation, replacements, changes, additions or excessive use shall be paid for by Tenant, in advance in the case of any installations, replacements and additions, and promptly upon being billed therefor in the case of charges for excessive use.