Cleaning. A. Cleaning of office areas, lavatories, main lobby, elevators, building exterior, and windows shall be performed or caused to be performed by Landlord at Landlord’s expense on Operating Days in accordance with the cleaning specifications annexed hereto as Schedule 1 or such other cleaning specifications that may be agreed to in writing by Landlord and Tenant from time to time (the “Cleaning Specifications”). B. If Tenant requires services in excess of those contained in the then applicable Cleaning Specifications, Tenant shall have the right to have Tenant’s employees perform such services or Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord), and Tenant shall be responsible for paying any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and for the removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odors) incurred by Landlord (or Landlord’s cleaning contractor) in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises. In connection with the foregoing, Landlord shall provide to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other waste. C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work in the Premises and/or the Building required by reason of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises for the preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications for the Building or (b) for removal from the Premises and the Building of so much of any of Tenant’s refuse or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable access to the Premises after Operating Hours and the reasonable use of light, power and water in the Premises as reasonably required for the purpose of cleaning the Premises. D. Notwithstanding the foregoing, Tenant may elect, from time to time, to perform any or all of the cleaning services otherwise to be provided by Landlord pursuant to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so elects.
Appears in 2 contracts
Sources: Lease Agreement (Pershing Square Holdco, L.P.), Lease Agreement (Pershing Square Holdco, L.P.)
Cleaning. A. Cleaning of office areas, lavatories, main lobby, elevators, building exterior, and windows shall be performed or caused to be performed by Landlord at Landlord’s expense on Operating Days in accordance with the cleaning specifications annexed hereto as Schedule 1 or such other cleaning specifications that may be agreed to in writing by Landlord and Tenant from time to time (the “Cleaning Specifications”).
B. If Tenant requires services in excess of those contained in the then applicable Cleaning Specifications, Tenant shall have the right to have Tenant’s employees perform such services or Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord), and Tenant shall be responsible for paying any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and for the removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odorsa) incurred by Landlord (or Landlord’s cleaning contractor) in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises. In connection with the foregoing, Landlord shall provide to Tenant, at Tenant’s its sole cost and expense, a dedicated refrigerated room shall be solely liable and responsible for cleaning the demised premises. Tenant covenants and agrees to use only the third-party contractors designated by Landlord to provide cleaning services in the basement Building of which the demised premises form a part or contractor or contractors selected by Tenant and reasonably approved in advance by Landlord for any waxing, polishing and other maintenance work of the Building demised premises and of Tenant’s personal property therein. Tenant covenants and agrees that it shall not employ any individual, firm or organization for storage and disposal of such garbage and/or other wastepurposes without Landlord’s prior written consent.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work in the Premises and/or the Building required by reason of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises for the preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications for the Building or (b) for removal Tenant, at its sole cost and expense, shall remove or cause to be removed from the Premises demised premises and the Building of so much of any of Tenant’s refuse or rubbish as shall exceed that ordinarily accumulated daily Building, in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from a manner acceptable to the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, all of its cleaning contractor trash, refuse and their employees rubbish. Should Tenant fail to pay the cost of such removal, Landlord may pay such cost and charge the same to Tenant, the amount thereof to be paid as Additional Rent on the first day of the month following Landlord’s billing thereof to Tenant. Such removal of the trash, refuse and rubbish shall have also be subject to such reasonable access to rules and regulations as established by the Premises after Operating Hours and the reasonable use of light, power and water in the Premises as reasonably required for the purpose of cleaning the Premises.
D. Notwithstanding the foregoing, Tenant may elect, Landlord from time to time, provided Tenant is provided with advance written notice of such rules and regulations and they are not enforced against Tenant in a discriminatory manner.
(c) Landlord shall cause the windows in the demised premises to perform any or all be cleaned, and shall charge Tenant its then current Building standard charge for such cleaning, which charge shall be payable as Additional Rent. As of the date hereof, Landlord’s Building standard charge for window cleaning is $20.00 per window. Tenant shall not hire, rent, do or permit to be done any window cleaning in, on or about the demised premises. Landlord shall cause all common areas of the Building (including the lobby) to be kept neat and clean in accordance with the standards for comparable buildings located in the mid-Manhattan market.
(d) Tenant shall be liable for any tax imposed by any governmental authority with respect to cleaning services otherwise to be provided by Landlord pursuant to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable in the demised premises. Tenant shall pay to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or as Additional Rent if Tenant so electsRent, such taxes within thirty (30) days of billing thereof and a receipt from the taxing authority evidencing such payment obligation.
Appears in 2 contracts
Sources: Loft Lease (Integral Ad Science Holding LLC), Lease Agreement (Integral Ad Science Holding LLC)
Cleaning. A. Cleaning The Landlord shall, provide janitorial services to the Office Premises at such times and in such manner as is consistent with prevailing practices in comparable office buildings in the City of Markham of similar age and in a similar location. The Landlord shall periodically clean both sides of exterior windows so as to maintain the Building to the standard of a comparable office areas, lavatories, main lobby, elevators, building exteriorin the City of Markham of similar age and in a similar location. The Tenant acknowledges that the Landlord may clean the windows during Normal Business Hours and the Tenant agrees to allow the Landlord and its contractors entry into the Premises for this purpose. The Landlord shall keep those portions of the Common Areas accessible to the public in a clean and orderly fashion, and windows shall be performed or caused to be performed by Landlord at Landlord’s expense keep the sidewalks and driveways located on Operating Days in accordance with the cleaning specifications annexed hereto as Schedule 1 or such other cleaning specifications that may be agreed to in writing by Landlord and Tenant from time to time (the “Cleaning Specifications”).
B. If Tenant requires services in excess Lands reasonably clear of those excessive build-up of snow. Notwithstanding anything contained in this Lease, it is understood and agreed that the then applicable Cleaning Specifications, Tenant shall have the right to have Tenant’s employees perform such services or Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord), and Tenant shall be responsible for paying any and all costs whatsoever in connection therewith. Notwithstanding anything providing its own janitorial services to the contrary contained hereinWarehouse Premises and emptying the garbage receptacles, not allowing garbage or waste to accumulate in or about the Warehouse Premises, all on a daily basis and at regular intervals as prescribed by the Landlord. The Tenant shall be responsible for cleaning further, at its expense, keep the Warehouse Premises free of insects, rodents, vermin and other pests. If the License Area Tenant does not maintain a standard of cleanliness and for repair satisfactory to the removal from Landlord (acting reasonably) or fails to keep the Warehouse Premises free of insects, rodents, vermin and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities pets in the Premises, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odors) incurred by Landlord (or Landlord’s cleaning contractor) in connection with reasonable opinion, then the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises. In connection with the foregoing, Landlord shall provide to Tenanthave the right, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other waste.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, after twenty-four (a24) for extra cleaning work in the Premises and/or the Building required by reason of (i) misuse hours’ prior oral or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises for the preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications for the Building or (b) for removal from the Premises and the Building of so much of any of Tenant’s refuse or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable access written notice to the Premises after Operating Hours and Tenant within which the reasonable use of light, power and water in the Premises as reasonably required for the purpose of Tenant fails to perform such cleaning the Premises.
D. Notwithstanding the foregoing, Tenant may elect, from time to timeor repair, to perform any or all cause to be performed the cleaning or repair and to require the Tenant to pay for such cost together with an administration fee of 15% thereon as Additional Rent under this Lease (payable immediately upon its receipt of an invoice). Further, should there be a repeated breach by the Tenant of its cleaning or repair obligations in the Landlord’s sole determination, then the Landlord shall have the right, upon written notice to the Tenant, to assume the Tenant’s ongoing obligations at the expense of the cleaning services otherwise to be provided by Landlord pursuant Tenant plus the administration fee of 15%, all as Additional Rent payable under this Lease. [*****] Confidential Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so electsomitted information.
Appears in 1 contract
Sources: Office Lease (Fluidigm Corp)
Cleaning. A. Cleaning of office areas, lavatories, main lobby, elevators, building exterior, (a) The Lessee must during the Term keep the Premises clean and windows shall be performed or caused to be performed by Landlord at Landlord’s expense on Operating Days in accordance with the cleaning specifications annexed hereto as Schedule 1 or such other cleaning specifications that may be agreed to in writing by Landlord and Tenant from time to time (the “Cleaning Specifications”)tidy.
B. If Tenant requires services in excess of those contained in the then applicable Cleaning Specifications, Tenant shall have the right to have Tenant’s employees perform such services or Tenant shall (b) The Lessor will engage Landlord’s a cleaning contractor (or such other to carry out daily cleaning contractor reasonably acceptable to Landlord), and Tenant shall be responsible for paying any rubbish and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and for the waste removal from the Premises and to periodically clean the Building interior windows of any garbage the Premises in a thorough and professional manner and the Lessee will pay all costs and expenses incurred by or other on behalf of the Lessor in such cleaning and removal of rubbish and waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred payable monthly in connection therewith, arrears.
(c) The Lessor will engage a cleaning contractor to carry out cleaning and any additional costs (including, without limitation, extermination, ventilation waste removal from the Common Areas and to periodically clean the exterior windows of the Building in a thorough and professional manner and the mitigation Lessee will pay the Lessee's Proportion of any odors) all such costs and expenses incurred by Landlord (or Landlord’s on behalf of the Lessor in such cleaning contractor) in connection with the storage or disposal and removal of any of Tenant’s garbage or other rubbish and waste from the Kitchen and/or Common Areas payable monthly in arrears.
(d) The Lessor shall not be responsible to the Lessee for any cafeteria, lunchroom loss of or damage to the property or effects of the Lessee occasioned by or contributed to by any supervisor or office cleaner or other food preparation and/or consumption facilities in the Premises. In connection with the foregoing, Landlord shall provide to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement persons contracted by or on behalf of the Building Lessor for storage and disposal of such garbage and/or other waste.
C. Without limiting cleaning, rubbish removal or related tasks provided that the provisions of paragraph B aboveLessor shall, Tenant shall reimburse Landlord on demand for if requested by the actual costs charged by Landlord’s cleaning contractorLessee, without profit to Landlord, (a) for extra cleaning work in the Premises and/or the Building required by reason of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises for the preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications for the Building or (b) for removal from the Premises and the Building of so much of any of Tenant’s refuse or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable access to the Premises after Operating Hours and to any office cleaner or other persons employed or engaged by on or behalf of the Lessor for cleaning, rubbish removal or related tasks where the Lessee has reasonable cause to suspect such a person has or may have damaged, destroyed or stolen any item of the Lessee or any of its servants or agents.
(e) The cleaning contractor appointed by the Lessor must comply with the reasonable use security requirements of light, power and water in the Premises as reasonably required for Lessee notified to the purpose of cleaning the Premises.
D. Notwithstanding the foregoing, Tenant may elect, contractor from time to time, to perform any or all of .
(f) The Lessor must replace the cleaning services otherwise contractor appointed by the Lessor (subject to be provided the Lessor having the right to terminate the contractor in such circumstances and subject to any applicable notice periods) if:
(i) there is a security breach which the Lessee has reasonable grounds to believe may have been due to the cleaning contractor; or
(ii) the Lessee reasonably objects to the standard of work performed by Landlord pursuant to this Section II, using Tenant’s employees or a the cleaning contractors and the cleaning contractor reasonably acceptable does not improve its standard of work to Landlord, provided Tenant shall not be entitled a satisfactory level within a reasonable time of receipt by it of notice from the Lessor requiring it to any abatement in Annual Fixed Rent or Additional Rent if Tenant so electsdo so.
Appears in 1 contract
Cleaning. A. Cleaning of office areas(a) From and after the Effective Date, lavatoriesTenant shall have the right, main lobby, elevators, building exterior, and windows shall be performed or caused to be performed by Landlord at Landlord’s expense on Operating Days in accordance with the cleaning specifications annexed hereto as Schedule 1 or such other cleaning specifications that may be agreed to in writing by Landlord and Tenant from time to time (but not more than once in any period of twelve (12) consecutive months), to submit proposed cleaning specifications for the “demised premises to Landlord (which cleaning specifications shall be subject to Landlord's reasonable approval) with a request that Landlord provide a cost estimate for providing such cleaning services in accordance with such specifications. Landlord shall use good faith efforts to deliver a cost estimate (the "Cleaning Specifications”).
B. Costs") based upon such proposed cleaning specifications to Tenant within thirty (30) days after receipt of Tenant's request. If Tenant requires services in excess of those contained in the then applicable Cleaning Specifications, Tenant shall have the right elects to have Landlord provide such cleaning services by giving written notice to Landlord to such effect within sixty (60) days after Tenant’s employees perform such services or Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord), and Tenant shall be responsible for paying any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning 's receipt of the License Area and for Cleaning Costs, then effective upon the removal from the Premises and the Building date when Landlord or an affiliate of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odors) incurred by Landlord (or Landlord’s begins providing such cleaning contractor) in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises. In connection with the foregoing, Landlord shall provide to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other waste.
C. Without limiting the provisions of paragraph B aboveservices, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, within thirty (a30) days after receipt of Landlord's invoices therefor, for extra Landlord's costs of providing such cleaning work in the Premises and/or the Building required by reason of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises for the preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications for the Building or (b) for removal from the Premises and the Building of so much of any of Tenant’s refuse or rubbish services as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable access to the Premises after Operating Hours and the reasonable use of light, power and water in the Premises as reasonably required for the purpose of cleaning the Premises.
D. Notwithstanding the foregoing, Tenant may elect, adjusted from time to time.
(b) For so long as Tenant retains responsibility for providing cleaning services to the demised premises, Tenant shall clean the first and second floor lobbies serving the demised premises to perform any or all the standards of a first class office building in Downtown Brooklyn. If within thirty (30) days after receipt of Landlord's notice that Tenant shall have failed to clean the first and second floor lobbies serving the demised premises to such standard Tenant shall have failed to achieve such standard, then Landlord may notify Tenant of the date when Landlord shall assume responsibility for providing cleaning services otherwise to the first and second floor lobbies serving the demised premises. From and after the date when Landlord shall have assumed such responsibility, Tenant shall pay Landlord, as additional rent and within thirty (30) days after receipt of Landlord's invoices therefor, all commercially reasonable costs of providing such cleaning services. Any dispute about the application of this Paragraph 11(b) may be provided by Landlord submitted to arbitration pursuant to this Article 38 of the Lease, before an arbitrator selected in accordance with Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so elects38.01(b) of the Lease.
Appears in 1 contract
Sources: Lease (Keyspan Corp)
Cleaning. A. Cleaning of office areas, lavatories, main lobby, elevators, building exteriorAs long as this Lease is in full force and effect, and windows provided Tenant shall be performed or caused keep the Demised Premises in order, Owner, at Owner's expense, shall cause the office areas of the Demised Premises to be performed by Landlord cleaned and shall cause Tenant's ordinary office waste paper refuse to be removed, all at Landlord’s expense on Operating Days regular intervals in accordance with standards and practices adopted by Owner for the cleaning specifications annexed hereto as Schedule 1 or such other cleaning specifications that may be agreed to in writing by Landlord and Tenant from time to time (the “Cleaning Specifications”).
B. If Tenant requires services in excess of those contained in the then applicable Cleaning Specifications, Building. Tenant shall have the right to have Tenant’s employees perform such services or Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord), cooperate with any waste and Tenant shall be responsible for paying any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and for the removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odors) incurred by Landlord (or Landlord’s cleaning contractor) in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises. In connection with the foregoing, Landlord shall provide to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement recycling program of the Building for storage and disposal shall comply with all reasonable rules and regulations of such garbage and/or other waste.
C. Without limiting Owner with respect thereto. Tenant acknowledges that Owner's obligation to cause the provisions office areas of paragraph B abovethe Demised Premises to be cleaned excludes any portion of the Demised Premises not used as office areas (e.g., Tenant shall reimburse Landlord on demand storage, mail and computer areas, private lavatories and areas used for the actual costs charged by Landlord’s cleaning contractorstorage, without profit to Landlord, (a) for extra cleaning work in the Premises and/or the Building required by reason of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises for the preparation, serving service or consumption of food or beverages). Tenant shall pay Owner at Building standard rates or, data processing or reproducing operationsif there are no such rates, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications at reasonable rates, for the Building or (b) for removal from the Premises and the Building of so much of any of Tenant’s 's refuse or rubbish as rubbish, other than ordinary office waste paper refuse, from the Building, and Tenant, at Tenant's expense, shall exceed that ordinarily accumulated cause all portions of the Demised Premises used for the storage, preparation, service or consumption of food or beverages to be cleaned daily in ordinary office occupancy (it being understood thata manner satisfactory to Owner, without limitationand to be exterminated against infestation by vermin, garbage roaches or other waste rodents regularly and, in addition, whenever there shall be evidence of any infestation.
B. Tenant acknowledges and is aware that the cleaning services required to be furnished by Owner pursuant to this Section may be furnished by a contractor or contractors employed by Owner and agrees that Owner shall not be deemed in default of any of its obligations under this Section 29.04 unless such default shall continue for an unreasonable period of time after notice from Tenant to Owner setting forth the Kitchen and/or any cafeteriaspecific nature of such default.
C. Notwithstanding the provisions of Subsection A of this Section, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, its cleaning contractor and their employees Tenant shall have reasonable access the option to contract independently for the Premises after Operating Hours removal of such other refuse and rubbish and for office cleaning services in addition to those furnished by Owner. In the event Tenant exercises such option, the removal of such other refuse and rubbish and the reasonable use furnishing of lightoffice cleaning services to Tenant by persons other than Owner and its contractors shall be performed in accordance with such regulations and requirements as, power in Owner's judgment, are necessary for the proper operation of the Building, and water in Tenant agrees that Tenant will not permit any person to enter the Demised Premises as reasonably required or the Building for such purposes, or for the purpose of cleaning the Premises.
D. Notwithstanding the foregoing, Tenant may elect, from time to time, to perform any or all of the cleaning providing extermination services otherwise required to be provided performed by Landlord Tenant pursuant to Subsection A of this Section IISection, using Tenant’s employees or a cleaning contractor reasonably acceptable other than persons first approved by Owner, such approval not unreasonably to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so electswithheld.
Appears in 1 contract
Sources: Lease Agreement (Bion Environmental Technologies Inc)
Cleaning. A. Cleaning (A) Provided Tenant shall keep the Premises in order, Landlord, at Landlord's expense (but subject to recoupment pursuant to Article 2 hereof), shall cause the Premises, excluding any portions thereof used for the storage, preparation, service or consumption of office areasfood or beverages other than coffee, lavatoriestea or vending machine snacks ("Tenant's Kitchenette Area"), main lobby, elevators, building exterior, and windows shall be performed or caused to be performed by Landlord at Landlord’s expense on Operating Days cleaned, substantially in accordance with the cleaning specifications annexed standards set forth in Section A of Exhibit "C" attached hereto as Schedule 1 or such other cleaning specifications that may be agreed to in writing by Landlord and Tenant from time to time (the “Cleaning Specifications”).
B. If Tenant requires services in excess of those contained in the then applicable Cleaning Specifications, made a part hereof. Tenant shall have the right to have Tenant’s employees perform such services or Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable pay to Landlord), promptly after Landlord's request, the cost of removal of refuse and Tenant shall be responsible for paying any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and for the removal rubbish from the Premises to the extent that such refuse and rubbish exceeds the amount thereof usually attendant to the use of the Premises as offices. Tenant, at Tenant's sole cost and expense, shall cause all portions of the Premises used for the storage, preparation, service or consumption of food or beverages to be cleaned daily in a manner reasonably satisfactory to Landlord, and to be exterminated against infestation by vermin, rodents or roaches regularly in a manner reasonably satisfactory to Landlord, and by Persons reasonably approved by Landlord. If Tenant performs any cleaning services in addition to the services provided by Landlord as aforesaid, then Tenant shall employ the cleaning contractor providing cleaning services to the Building on behalf of Landlord, provided that such cleaning contractor's rates are commercially reasonable. Tenant shall comply with any garbage or other waste from the Kitchen recycling program and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs refuse disposal program (including, without limitation, exterminationany program related to the recycling, ventilation and the mitigation separation or other disposal of paper, glass or metals) which Landlord reasonably imposes or which is required pursuant to any odorsRequirements.
(B) incurred by Landlord (or Landlord’s cleaning contractor) shall cause Tenant's Kitchenette Area, if any, to be cleaned, substantially in connection accordance with the storage or disposal standards set forth in Section B of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the PremisesExhibit "C" attached hereto and made a part hereof. In connection with the foregoing, Landlord shall provide to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other waste.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse pay to Landlord on demand as additional rent, for the actual costs charged by Landlord’s cleaning contractor, without profit such services initially a flat rate of $50.00 per month (which rate shall be subject to Landlord, (a) for extra cleaning work in the Premises and/or the Building required by reason of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises for the preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications for the Building or (b) for removal from the Premises and the Building of so much of any of Tenant’s refuse or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, its cleaning contractor and their employees shall have commercially reasonable access to the Premises after Operating Hours and the reasonable use of light, power and water in the Premises as reasonably required for the purpose of cleaning the Premises.
D. Notwithstanding the foregoing, Tenant may elect, increase from time to time) ("Kitchenette Additional Rent"). Landlord shall render bills for Kitchenette Additional Rent at such time as Landlord may elect (but in no event more frequently than monthly), and Tenant shall pay the amount shown thereon to perform any or all of Landlord within thirty (30) days after Landlord gives such ▇▇▇▇(s) to Tenant.
(C) Landlord shall cause the cleaning services otherwise Building to be provided by Landlord pursuant power-washed prior to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so electsthe Commencement Date.
Appears in 1 contract
Cleaning. A. Cleaning of office areas, lavatories, main lobby, elevators, building exterior, and windows shall be performed or caused to be performed by Landlord at Landlord’s expense on Operating Days in accordance with the cleaning specifications annexed hereto as Schedule 1 or such other cleaning specifications that may be agreed to in writing by Landlord and Tenant from time to time (the “Cleaning Specifications”).
B. If Tenant requires services in excess of those contained in the then applicable Cleaning Specifications, Tenant shall have the right to have Tenant’s employees perform such services or Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord), and Tenant shall be responsible for paying any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and for the removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odors) incurred by Landlord (or Landlord’s cleaning contractor) in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises. In connection with the foregoing, Landlord shall provide to Tenant, at Tenant’s its sole cost and expense, a dedicated refrigerated room shall maintain the Premises in an orderly condition. Landlord shall cause the basement Premises to be cleaned in accordance with the then current Building Standard cleaning specifications for the Building, which specifications in effect on the date of this Lease, are set forth in Exhibit G hereto. Landlord agrees that the cleaning specifications for the Building for storage and disposal of such garbage and/or other waste.
C. Without limiting the provisions of paragraph B above, shall not at any time be less favorable (except to a de minimis degree) to Tenant than those annexed hereto as Exhibit G. Tenant shall reimburse pay to Landlord on demand for the actual costs charged by as Additional Rent, within thirty (30) days after Landlord’s cleaning contractordemand therefor, without profit to Landlord, the costs incurred by Landlord for (a) for extra cleaning work in the Premises and/or the Building required by reason because of (i) misuse or neglect on the part of Tenant, Tenant or its agents, employees, contractors, invitees employees or subtenantsvisitors, (ii) use of portions of the Premises for the preparation, cooking, serving or consumption of food or beverages, ; data processing or reproducing operations, ; private lavatories or toilets toilets; or other special purposes requiring greater or more difficult cleaning work than office areas or areas, (iii) unusual quantity of interior glass surfaces, or (iv) non-Building Standard materials or finishes not included in Landlord’s general cleaning specifications for the Building installed by Tenant or at its request, and (b) for the removal from the Premises and the Building of so much any refuse and rubbish of any Tenant in excess of Tenant’s refuse or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess routine of ordinary business office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable after hours access to the Premises after Operating Hours and the reasonable free use of light, power and water in the Premises as reasonably required for the purpose of cleaning the Premises.
D. Notwithstanding Premises in accordance with Landlord’s obligations hereunder. Landlord acknowledges that Tenant expects to receive high quality cleaning services in accordance with Exhibit G for the foregoingPremises throughout the Term, and Landlord agrees to take commercially reasonable steps to address reasonable issues raised by Tenant if the quality of such services at any times fails to meet the standards required by this Lease. Additionally, Tenant may electshall have the right to contract directly with the Building’s cleaning contractor for any supplemental cleaning, from time to time, to perform any or all of the which supplemental cleaning services otherwise to shall be provided by Landlord pursuant to this Section II, using at Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so electssole cost and expense.
Appears in 1 contract
Sources: Lease Agreement (Yelp Inc)
Cleaning. A. Cleaning Landlord shall cause the Premises, including the exterior and the interior of office areasthe Building’s exterior windows serving the Premises, lavatories, main lobby, elevators, building exterior, and windows shall be performed or caused to be performed by Landlord at Landlord’s expense on Operating Days cleaned in accordance with the cleaning specifications annexed hereto as Schedule 1 or such other cleaning specifications that may be agreed provisions of Exhibit D attached to in writing this Lease and made a part hereof. Tenant, however, shall pay to Landlord, within thirty (30) days after demand, the actual out-of-pocket costs reasonably incurred by Landlord and Tenant from time to time for (the “Cleaning Specifications”).
B. If Tenant requires services in excess of those contained i) extra cleaning work in the then applicable Cleaning SpecificationsPremises required because of carelessness, misuse or neglect on the part of Tenant shall have the right to have Tenant’s or its subtenants or its or their employees perform such services or Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord)visitors, and Tenant shall be responsible for paying any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and for the (ii) removal from the Premises and the Building of any garbage refuse and rubbish of Tenant in excess of that ordinarily accumulated in business office occupancy or at times other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odors) incurred by Landlord (or than Landlord’s standard cleaning contractor) in connection with times. Landlord shall provide to Tenant a credit for the storage or disposal cost applicable at the Complex of any of Tenant’s garbage or other waste from standard office cleaning services for the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premiseslaboratory areas which are not cleaned. In connection with Notwithstanding the foregoing, Landlord shall provide to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other waste.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work in the Premises and/or the Building required by reason of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of shall not be required to clean any portions of the Premises used for laboratory purposes, and (ii) shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages, training rooms, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring to the extent such areas require greater or more difficult cleaning work than office areas areas. Also notwithstanding the foregoing or anything to the contrary contained in this Lease, Tenant shall be solely responsible for the proper and legal disposal of all medical, laboratory, toxic and so-called “red bag” waste, and other regulated substances and materials used in connection with Tenant’s laboratory use, if any, conducted at the Premises (iii) materials collectively, “Lab Waste”). Landlord shall have no liability to any person or finishes not included in entity with respect to such Lab Waste. Tenant shall comply with all Legal Requirements with respect to the generation, storage, collection and disposal of Lab Waste. In addition, Tenant shall be required, at Tenant’s sole cost and expense, to contract with a licensed laboratory, medical and toxic waste removal company for the disposal of all Lab Waste. At Landlord’s general cleaning specifications for the Building request, made not more frequently than annually, Tenant shall provide Landlord with a copy of such contract. Tenant shall indemnify, defend and hold harmless Landlord from and against any and all damage, loss, liability, claims, actions or (b) for removal from the Premises proceedings, including but not limited to reasonable attorney’s fees and the Building any fines and/or penalties, arising out of so much of any of or relating to Tenant’s refuse or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable access to the Premises after Operating Hours and the reasonable use of light, power and water in the Premises as reasonably required for the purpose of cleaning the Premises.
D. Notwithstanding the foregoing, Tenant may elect, from time to time, failure to perform any or all of the cleaning services otherwise obligation provided herein with respect to be provided by Landlord pursuant to this Section II, using such Lab Waste. Tenant’s employees obligations with respect to such Lab Waste shall survive the expiration or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so electsother termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Insmed Inc)
Cleaning. A. Cleaning (A) Subject to the terms of office areasArticle 10 hereof and this Section 4.4, lavatories, main lobby, elevators, building exterior, and windows Landlord shall be performed or caused cause the Premises to be performed by Landlord at Landlord’s expense on Operating Days cleaned substantially in accordance with the cleaning specifications annexed standards set forth in Exhibit “4.4” attached hereto and made a part hereof. Landlord shall not be required to clean the portions of the Premises (if any) (x) that Tenant uses for the storage, preparation, service or consumption of food or beverages, (y) in which Tenant is performing Alterations, or (z) in which the interior installation has been demolished in all material respects. Tenant shall pay to Landlord, as Schedule 1 or such other cleaning specifications that may be agreed to in writing additional rent, the reasonable costs incurred by Landlord in removing from the Building any of Tenant’s refuse and rubbish to the extent exceeding the amount of refuse and rubbish usually generated by a tenant that uses the Premises for ordinary office purposes. Tenant shall make such payments to Landlord not later than the thirtieth (30th) day after the date that Landlord gives to Tenant an invoice therefor from time to time.
(B) Tenant, at Tenant’s expense, shall exterminate the portions of the Premises that Tenant uses for the storage, preparation, service or consumption of food against infestation by insects and vermin regularly and, in addition, whenever there is evidence of infestation. Tenant shall engage Persons to perform such exterminating that are approved by Landlord, which approval Landlord shall not unreasonably withhold, condition or delay. Tenant shall cause such Persons to perform such exterminating in a manner that is reasonably satisfactory to Landlord. Landlord hereby advises Tenant that, to the best of Landlord’s knowledge, on the date hereof, the Premises is not infested with insects or vermin.
(C) Tenant, at Tenant’s expense, shall clean daily all portions of the Premises used for the storage, preparation, service or consumption of food or beverages. Tenant shall not have the right to perform any cleaning services (or any other similar facilities management services such as, for example, matron services or handyman services) in the Premises using any Person other than the cleaning contractor that Landlord has engaged from time to time (the “Cleaning Specifications”).
B. If Tenant requires to perform cleaning services in excess of those contained in the then applicable Cleaning SpecificationsBuilding for Landlord; provided, however, that (x) Landlord shall not have the right to require Tenant to use such cleaning contractor unless the rates that such cleaning contractor agrees to charge Tenant for such additional cleaning services are commercially reasonable, and (y) subject to Section 4.8 hereof, Tenant shall have the right to have use Tenant’s own employees perform for such services or Tenant shall engage Landlord’s additional cleaning services. If such cleaning contractor does not agree to charge Tenant for such additional cleaning services (or such other similar services) at commercially reasonable rates, then Tenant may employ to perform such additional cleaning services (or such similar services) another cleaning contractor reasonably acceptable to Landlord)that Landlord approves, and which approval Landlord shall not unreasonably withhold, condition or delay.
(D) Tenant shall be responsible for paying comply with any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and for the removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs refuse disposal program (including, without limitation, extermination, ventilation and any waste recycling program) that Landlord imposes reasonably after having given Tenant reasonable advance notice of the mitigation of effectiveness thereof or that is required by Requirements.
(E) Tenant shall not clean any odors) incurred by Landlord (or Landlord’s cleaning contractor) in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities window in the Premises. In connection with the foregoing, Landlord shall provide to Tenantnor require, at Tenant’s sole cost and expensepermit, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other waste.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work suffer or allow any window in the Premises and/or to be cleaned, in either case from the Building required by reason outside in violation of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions Section 202 of the Premises for New York Labor Law, any other Requirement, or the preparationrules of the Board of Standards and Appeals, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications for the Building or (b) for removal from the Premises and the Building of so much of any of Tenant’s refuse other board or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage body having or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable access to the Premises after Operating Hours and the reasonable use of light, power and water in the Premises as reasonably required for the purpose of cleaning the Premisesasserting jurisdiction.
D. Notwithstanding the foregoing, Tenant may elect, from time to time, to perform any or all of the cleaning services otherwise to be provided by Landlord pursuant to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so elects.
Appears in 1 contract
Cleaning. A. Cleaning of office areas, lavatories, main lobby, elevators, building exterior, and windows shall be performed or caused to be performed by Landlord at Landlord’s expense on Operating Days in accordance with Provided the cleaning specifications annexed hereto as Schedule 1 or such other cleaning specifications that may be agreed to in writing by Landlord and Tenant from time to time (the “Cleaning Specifications”).
B. If Tenant requires services in excess of those contained in the then applicable Cleaning Specifications, Tenant shall have keep the right to have Tenant’s employees perform such services or Tenant 5th Floor Premises in order, the Landlord, at the Landlord's expense, shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord)cause the 5th Floor Premises, and Tenant shall be responsible for paying excluding any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and portions thereof used for the removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteriastorage, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odors) incurred by Landlord (or Landlord’s cleaning contractor) in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises. In connection with the foregoing, Landlord shall provide to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other waste.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work in the Premises and/or the Building required by reason of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises for the preparation, serving service or consumption of food or beverages, data processing to be cleaned Monday through Friday (except for those days designated as legal holidays by the Federal or reproducing operationsState government or by the unions now or hereafter representing the Landlord's building personnel) substantially in accordance with the specifications set forth as Exhibit "D" annexed hereto. The Tenant, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications at the Tenant's sole cost and expense, shall cause all portions of the premises used for the Building storage, preparation, service or (b) consumption of food or beverages to be cleaned daily in a manner satisfactory to the Landlord, and to be exterminated against infestation by vermin, rodents or roaches regularly and, in addition, whenever there shall be evidence of any infestation. Any such extermination shall be done at the Tenant's sole cost and expense and by contractors reasonably approved by the Landlord. The Landlord reserves the right, on thirty days' notice to the Tenant, to require the Tenant to receive cleaning services for removal the 4th Floor Premises from the Premises Landlord's contractor, at a cost to the Tenant not to exceed the Tenant's cost in contracting independently for such cleaning services for the 4th Floor Premises. If the Tenant shall desire any additional cleaning services in addition to the services PROVIDED by the Landlord (as set forth on Exhibit "D"), the Tenant shall, at its sole cost, employ such cleaning contractor providing services to the building on behalf of the Landlord or such other cleaning contractor as shall be approved by the Landlord. The Tenant shall, at its sole cost and expense, comply with all present and future laws, ordinances, regulations and requirements of the Building City, State or Federal Government or any agency having jurisdiction over the building, or any rules which the Landlord may impose, with respect to the recycling or sorting of so much refuse and rubbish. The Landlord reserves the right to refuse to collect or accept from the Tenant any refuse or rubbish which is not separated and sorted as required and to require the Tenant to arrange for such collection, at the Tenant's sole cost and expense, using a contractor reasonably satisfactory to the Landlord. The Tenant shall indemnify the Landlord from all liability arising from the Tenant's failure to comply with the provisions of this Paragraph. The Tenant shall pay to the Landlord the cost of removal of any of the Tenant’s 's refuse or and rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary building which exceeds normal office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable access to the Premises after Operating Hours and the reasonable use of light, power and water in the Premises as reasonably required for the purpose of cleaning the Premisesrequirements.
D. Notwithstanding the foregoing, Tenant may elect, from time to time, to perform any or all of the cleaning services otherwise to be provided by Landlord pursuant to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so elects.
Appears in 1 contract
Sources: Lease Agreement (Cyber Dialogue Inc)
Cleaning. A. (a) Tenant shall be responsible for cleaning the Premises under standards use by similarly situated buildings, including, without limitation, the interior side of the perimeter windows in the Premises. Tenant shall bring rubbish to a place in the Building designated by Landlord and in dumpsters/containers designated by Landlord and shall pay to Landlord, within thirty (30) days after notice thereof, Landlord’s building standard cost for removal thereof, which is presently $35.00 per half-cubic yard (a cubic yard for this purpose being defined as one (1) carting industry standard “Mini Rubbish” dumpster/container), which amount is subject to increase from time to time as Landlord’s cost to remove rubbish increases. In addition, Tenant shall pay to Landlord on demand the costs incurred by Landlord for the removal from the Premises and the Building of any refuse and rubbish of Tenant in excess of that ordinarily accumulated daily in the routine of business office occupancy.
(b) Cleaning of office areas, the common area lavatories, main lobby, elevators, and building exterior, and windows exterior shall be performed or caused to be performed by Landlord at Landlord’s 's expense on Operating Business Days in accordance with the cleaning specifications annexed hereto as Schedule 1 or such other cleaning specifications that may be agreed to contained in writing by Landlord and Tenant the contract from time to time (in effect between Landlord and the “Cleaning Specifications”)cleaning contractor from time to time engaged by Landlord for the Building.
B. If Tenant requires services in excess of those contained in the then applicable Cleaning Specifications, Tenant shall have the right to have Tenant’s employees perform such services or Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord), and Tenant shall be responsible for paying any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and for the removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odorsc) incurred by Landlord (or Landlord’s cleaning contractor) in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises. In connection with the foregoing, Landlord shall provide to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other waste.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged incurred by Landlord’s cleaning contractor, without profit to Landlord, (a) Landlord for extra cleaning work in the Premises and/or the Building required by reason of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises for the preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or areas, (iii) unusual quantities of interior glass surfaces or (iv) nonbuilding standard materials or finishes not included in Landlord’s general cleaning specifications for the Building installed by Tenant or (b) for removal from the Premises and the Building of so much of any of Tenant’s refuse or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). at its request Landlord, its cleaning contractor and their employees shall have reasonable access to the Premises after Operating Business Hours and the reasonable free use of light, power and water in the Premises as reasonably required for the purpose of cleaning the Premises.
D. Notwithstanding the foregoing, Tenant may elect, from time to time, to perform any or all of the cleaning services otherwise to be provided by Landlord pursuant to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so elects.
Appears in 1 contract
Cleaning. A. Cleaning of office areasLandlord, lavatoriesat its expense, main lobby, elevators, building exterior, and windows shall be performed or caused cause the Demised Premises to be performed by Landlord at Landlord’s expense on Operating Days cleaned in accordance with the cleaning specifications set forth in Landlord’s then current cleaning contract for the Building, a current copy of which is annexed hereto as Schedule 1 or such other cleaning specifications that may be agreed to in writing by Landlord and Tenant from time to time (the “Cleaning Specifications”).
B. If Tenant requires services in excess of those contained in the then applicable Cleaning Specifications, Exhibit E. Tenant shall have pay to Landlord on demand the right to have Tenant’s employees perform such services or Tenant shall engage costs (at Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord), and Tenant shall be responsible for paying any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and for the removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odorsstandard rates) incurred by Landlord (or Landlord’s cleaning contractor) in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises. In connection with the foregoing, Landlord shall provide to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other waste.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work in the Demised Premises and/or the Building required by reason because of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenantsany Tenant Party (as defined in Subsection 38.01(B), (ii) use of portions of the Demised Premises for the preparation, serving or consumption of food or beverages, data processing or reproducing operationsoperations (beyond normal office reproducing use), private trading areas, executive lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas (other than Building lavatories or toilets located in the Demised Premises as set forth in General Cleaning of Exhibit E or if Tenant replaces such Building lavatories/toilets set forth on Exhibit E with a different concept of restrooms, then Landlord’s obligation to clean such restrooms will continue provided such restroom concept constructed by Tenant are similar in size to the Building standard lavatories and are in mutually agreeable locations as the Building standard lavatories), (iii) materials unusual quantity of interior glass surfaces, (iv) non Building standard materials, equipment, fixtures or finishes not included in Landlord’s general cleaning specifications for the Building installed by Tenant or at its request, and (b) for removal from the Demised Premises and the Building of so much of any refuse and rubbish of Tenant’s refuse or rubbish Tenant as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess routine of ordinary business office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable access to the Demised Premises after Operating Hours and the reasonable free use of light, power and water in the Demised Premises as reasonably required for the purpose of cleaning the Premises.
D. Notwithstanding the foregoing, Demised Premises in accordance with Landlord's obligations hereunder. Additional cleaning required by Tenant may elect, from time to time, to perform any or all of shall be performed at Tenant's expense by the cleaning services otherwise to be provided by Landlord pursuant to this Section IIcontractor, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlordif any, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so electsfor the Building.
Appears in 1 contract
Sources: Lease Agreement (Original Bark Co)
Cleaning. A. Cleaning (A) Subject to the terms of office areasArticle 10 hereof and this Section 4.4, lavatories, main lobby, elevators, building exterior, and windows Landlord shall be performed or caused cause the Premises to be performed by Landlord at Landlord’s expense on Operating Days cleaned substantially in accordance with the cleaning specifications annexed standards set forth in Exhibit "4.4" attached hereto and made a part hereof. Landlord shall not be required to clean the portions of the Premises (if any) (x) that Tenant uses for the storage, preparation, service or consumption of food or beverages, (y) in which Tenant is performing Alterations, or (z) in which the interior installation has been demolished in all material respects. Tenant shall pay to Landlord, as Schedule 1 or such other cleaning specifications that may be agreed to in writing additional rent, the Out-of-Pocket Costs incurred by Landlord in removing from the Building any of Tenant's refuse and rubbish to the extent exceeding the amount of refuse and rubbish usually generated by a tenant that uses the Premises for ordinary office purposes. Tenant shall make such payments to Landlord not later than the thirtieth (30th) day after the date that Landlord gives to Tenant an invoice therefor from time to time, together with reasonable supporting documentation for the charges set forth therein.
(B) Tenant, at Tenant's expense, shall exterminate the portions of the Premises that Tenant uses for the storage, preparation, service or consumption of food against infestation by insects and vermin regularly and, in addition, whenever there is evidence of infestation. Tenant shall engage Persons to perform such exterminating that are approved by Landlord, which approval Landlord shall not unreasonably withhold, condition or delay. Tenant shall cause such Persons to perform such exterminating in a manner that is reasonably satisfactory to Landlord.
(C) Tenant, at Tenant's expense, shall clean daily all portions of the Premises used for the storage, preparation, service or consumption of food or beverages. Tenant shall not have the right to perform any cleaning services (or any other similar facilities management services such as, for example, matron services or handyman services) in the Premises using any Person other than the cleaning contractor that Landlord has engaged from time to time (the “Cleaning Specifications”).
B. If Tenant requires to perform cleaning services in excess of those contained in the then applicable Cleaning SpecificationsBuilding for Landlord; provided, however, that (x) Landlord shall not have the right to require Tenant to use such cleaning contractor unless the rates that such cleaning contractor agrees to charge Tenant for such additional cleaning services are commercially reasonable, (y) subject to Section 4.10 hereof, Tenant shall have the right to have use Tenant’s 's own employees perform for such additional cleaning services or and (z) subject to Section 4.10 hereof, if Tenant installs a retail café in the Premises (such as, for example, a coffee bar) for use solely by Tenant's personnel and guests in accordance with the terms of Article 7 hereof, then Tenant shall engage Landlord’s have the right to permit employees of any third party operating such café in accordance with Section 17.12 hereof to clean the area of the Premises constituting such café. If such cleaning contractor engaged by Landlord does not agree to charge Tenant for such additional cleaning services (or such other similar services) at commercially reasonable rates, then Tenant may employ to perform such additional cleaning services (or such similar services) another cleaning contractor reasonably acceptable to Landlord)that Landlord approves, and which approval Landlord shall not unreasonably withhold, condition or delay.
(D) Tenant shall be responsible for paying comply with any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and for the removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs refuse disposal program (including, without limitation, extermination, ventilation and any waste recycling program) that Landlord imposes reasonably after having given Tenant reasonable advance notice of the mitigation of effectiveness thereof or that is required by Requirements.
(E) Tenant shall not clean any odors) incurred by Landlord (or Landlord’s cleaning contractor) in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities window in the Premises. In connection with the foregoing, Landlord shall provide to Tenantnor require, at Tenant’s sole cost and expensepermit, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other waste.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work suffer or allow any window in the Premises and/or to be cleaned, in either case from the Building required by reason outside in violation of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions Section 202 of the Premises for New York Labor Law, any other Requirement, or the preparationrules of the Board of Standards and Appeals, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications for the Building or (b) for removal from the Premises and the Building of so much of any of Tenant’s refuse other board or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage body having or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable access to the Premises after Operating Hours and the reasonable use of light, power and water in the Premises as reasonably required for the purpose of cleaning the Premisesasserting jurisdiction.
D. Notwithstanding the foregoing, Tenant may elect, from time to time, to perform any or all of the cleaning services otherwise to be provided by Landlord pursuant to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so elects.
Appears in 1 contract
Sources: Lease (Clear Secure, Inc.)
Cleaning. A. Cleaning of office areas, lavatories, main lobby, elevators, building exterior, and windows (a) Landlord shall be performed or caused cause the Office Areas to be performed by Landlord at Landlord’s expense on Operating Days cleaned, substantially in accordance with the cleaning specifications annexed hereto as Schedule 1 or such other cleaning specifications that may be agreed to set forth in writing by Landlord and Tenant from time to time (the “Cleaning Specifications”).
B. If Tenant requires services in excess of those contained in the then applicable Cleaning SpecificationsExhibit I attached hereto; provided, Tenant shall have the right to have Tenant’s employees perform such services or Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord), and Tenant shall be responsible for paying any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and for the removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premiseshowever, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odors) incurred by Landlord (or Landlord’s cleaning contractor) in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises. In connection with the foregoing, Landlord shall provide to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other waste.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work in the Premises and/or the Building required by reason of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises Office Areas used for the storage, preparation, serving service or consumption of food or beverages, as an exhibition area or classroom, for storage, as a shipping room or mail room, for private bathrooms, showers or exercise facilities, as a trading floor, or primarily for operation of computer, data processing processing, telecommunications, or reproducing operationssimilar equipment shall be cleaned at Tenant’s expense, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in by Landlord’s general cleaning specifications for the Building or (b) for removal from the Premises and the Building contractor, at rates which shall be competitive with rates of so much of any of Tenant’s refuse or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy)cleaning contractors providing comparable services to Comparable Buildings. Landlord, its ’s cleaning contractor and their its employees shall have reasonable access to the Premises after Operating Hours at all times except between 8:00 a.m. and 5:30 p.m. on weekdays which are not Observed Holidays.
(b) Tenant shall, at its sole cost and expense, (i) cause the reasonable use Lab Areas to be cleaned on a regularly scheduled basis, in a manner reasonably satisfactory to Landlord, (ii) cause the Lab Areas to be exterminated with such frequency and in such manner as to prevent the existence of lightvermin or other infestation, power (iii) cause all portions of the Lab Areas used for the storage, preparation or consumption of food or beverages, if any, to be cleaned daily in a manner reasonably satisfactory to Landlord, and water (iv) cause ▇▇▇▇▇▇'s garbage and other refuse to be removed from the Premises, at such times and to a location designated by Landlord. Tenant shall be responsible, at its sole cost and expense, for all trash removal services with respect to the Lab Areas and for all biohazard disposal services required in connection with its operations in the Premises. Such services shall be performed by licensed (where required by Requirements), insured and qualified contractors approved by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned) and with sufficient frequency so that the Premises are at all times kept neat and clean. Until removed, ▇▇▇▇▇▇’s garbage and trash shall be kept in a neat and orderly condition, properly bagged or in the case of packing boxes and cartons, securely tied. Tenant shall observe such additional customary Rules and Regulations regarding rubbish removal, biohazard disposal, and/or recycling as reasonably required for the purpose of cleaning the Premises.
D. Notwithstanding the foregoing, Tenant Landlord may elect, adopt from time to time. Without limitation, if Tenant fails to perform any or all of the cleaning services otherwise foregoing obligations (and such failure continues after the delivery of required notice and the expiration of applicable grace period), then Landlord may elect, to be provided cause a contractor or contractors engaged by Landlord pursuant to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided perform such obligations in which event Tenant shall not be entitled to any abatement in Annual Fixed Rent or reimburse Landlord as Additional Rent if Tenant so electsfor all commercially reasonable costs and expenses incurred by Landlord in connection therewith.
Appears in 1 contract
Cleaning. A. Cleaning of office areasDuring the Term, lavatoriesOwner, main lobbyat no additional charge to Tenant, elevators, building exterior, shall provide janitorial and windows shall be performed or caused cleaning services to be performed by Landlord at Landlord’s expense on Operating Days the Office Space substantially in accordance with the cleaning specifications Cleaning Specifications set forth in Exhibit B annexed hereto as Schedule 1 and made a part hereof. Owner shall not be required to provide janitorial or such other cleaning specifications that may be agreed services to in writing by Landlord and Tenant from time to time (the “Cleaning Specifications”)Basement Space.
B. If Tenant requires services in excess of those contained in the then applicable Cleaning Specifications, Tenant shall have Owner reserves the right to have Tenant’s employees perform such services or charge Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord), and Tenant shall be responsible for paying any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and for the cost of removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odors) incurred by Landlord (or Landlord’s cleaning contractor) in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises. In connection with the foregoing, Landlord shall provide to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other waste.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work in the Premises and/or the Building required by reason of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises for the preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications for the Building or (b) for removal from the Premises and the Building of so much of any of Tenant’s refuse or and rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of that typically resulting from ordinary office occupancy). Landlorduse (including, its cleaning contractor and their employees shall have reasonable access but not limited to, wooden or metal packaging materials) from the Building.
C. If Owner permits Tenant to the Premises after Operating Hours and the reasonable use of lightstore, power and water prepare, serve or consume food or beverages in the Demised Premises as reasonably required for the purpose of cleaning the Premises.
D. Notwithstanding the foregoingother than in ordinary pantry use, Tenant may electTenant, from time to timeat Tenant’s expense, to perform any or shall cause all portions of the cleaning services otherwise Demised Premises used for such storage, preparation, service or consumption of food or beverages to be provided cleaned daily in a manner reasonably satisfactory to Owner, and to be exterminated against infestation by Landlord pursuant to this Section IIvermin, using roaches or rodents regularly and, in addition, whenever there shall be evidence of any infestation. Any cleaning of the Demised Premises by Tenant, whether required by Owner or otherwise, shall be by Tenant’s own employees or by a cleaning contractor reasonably acceptable approved by Owner (not to Landlordbe unreasonably withheld) in writing, provided Tenant and shall not be entitled to at Tenant’s expense without any abatement in credit against Fixed Annual Fixed Rent or Additional Rent if or contribution by Owner.
D. Tenant so electsacknowledges and is aware that any cleaning services required to be furnished by Owner pursuant to this Lease may be furnished by a contractor or contractors employed by Owner and agrees that Owner shall not be deemed in default of any of its obligations under this Article 57 unless such default shall continue for an unreasonable period of time after notice from Tenant to Owner setting forth the specific nature of such default.
Appears in 1 contract
Sources: Office Lease (Atari Inc)
Cleaning. A. Cleaning (A) Subject to the terms of office areasArticle 10 hereof and this Section 4.4, lavatories, main lobby, elevators, building exterior, and windows Landlord shall be performed or caused cause the Premises to be performed by Landlord at Landlord’s expense on Operating Days cleaned substantially in accordance with the cleaning specifications annexed standards set forth in Exhibit “4.4” attached hereto and made a part hereof. Landlord shall not be required to clean the portions of the Premises (if any) (x) that Tenant uses for the storage, preparation, service or consumption of food or beverages, (y) in which Tenant is performing Alterations, or (z) in which the interior installation has been demolished in all material respects. Tenant shall pay to Landlord, as Schedule 1 or such other cleaning specifications that may be agreed to in writing additional rent, the reasonable costs incurred by Landlord in removing from the Building any of Tenant’s refuse and rubbish to the extent exceeding the amount of refuse and rubbish usually generated by a tenant that uses the Premises for ordinary office purposes. Tenant shall make such payments to Landlord not later than the thirtieth (30th) day after the date that Landlord gives to Tenant an invoice therefor from time to time.
(B) Tenant, at Tenant’s expense, shall exterminate the portions of the Premises that Tenant uses for the storage, preparation, service or consumption of food against infestation by insects and vermin regularly and, in addition, whenever there is evidence of infestation. Tenant shall engage Persons to perform such exterminating that are approved by Landlord, which approval Landlord shall not unreasonably withhold, condition or delay. Tenant shall cause such Persons to perform such exterminating in a manner that is reasonably satisfactory to Landlord.
(C) Tenant, at Tenant’s expense, shall clean daily all portions of the Premises used for the storage, preparation, service or consumption of food or beverages. Tenant shall not have the right to perform any cleaning services (or any other similar facilities management services such as, for example, matron services or handyman services) in the Premises using any Person other than the cleaning contractor that Landlord has engaged from time to time (the “Cleaning Specifications”).
B. If Tenant requires to perform cleaning services in excess of those contained in the then applicable Cleaning SpecificationsBuilding for Landlord; provided, however, that (x) Landlord shall not have the right to require Tenant to use such cleaning contractor unless the rates that such cleaning contractor agrees to charge Tenant for such additional cleaning services are commercially reasonable, and (y) subject to Section 4.8 hereof, Tenant shall have the right to have use Tenant’s own employees perform for such services or Tenant shall engage Landlord’s additional cleaning services. If such cleaning contractor does not agree to charge Tenant for such additional cleaning services (or such other similar services) at commercially reasonable rates, then Tenant may employ to perform such additional cleaning services (or such similar services) another cleaning contractor reasonably acceptable to Landlord)that Landlord approves, and which approval Landlord shall not unreasonably withhold, condition or delay.
(D) Tenant shall be responsible for paying comply with any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and for the removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs refuse disposal program (including, without limitation, extermination, ventilation and any waste recycling program) that Landlord imposes reasonably after having given Tenant reasonable advance notice of the mitigation of effectiveness thereof or that is required by Requirements.
(E) Tenant shall not clean any odors) incurred by Landlord (or Landlord’s cleaning contractor) in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities window in the Premises. In connection with the foregoing, Landlord shall provide to Tenantnor require, at Tenant’s sole cost and expensepermit, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other waste.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work suffer or allow any window in the Premises and/or to be cleaned, in either case from the Building required by reason outside in violation of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions Section 202 of the Premises for New York Labor Law, any other Requirement, or the preparationrules of the Board of Standards and Appeals, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications for the Building or (b) for removal from the Premises and the Building of so much of any of Tenant’s refuse other board or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage body having or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable access to the Premises after Operating Hours and the reasonable use of light, power and water in the Premises as reasonably required for the purpose of cleaning the Premisesasserting jurisdiction.
D. Notwithstanding the foregoing, Tenant may elect, from time to time, to perform any or all of the cleaning services otherwise to be provided by Landlord pursuant to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so elects.
Appears in 1 contract
Sources: Lease (Riverbed Technology, Inc.)
Cleaning. A. Cleaning At least nine (9) months prior to the Commencement Date, Tenant shall notify Owner whether Tenant elects to clean the Demised Premises itself or have Owner clean the Demised Premises. If Tenant elects to clean the Demised Premises itself, then the provisions of office areas, lavatories, main lobby, elevators, building exterior, subsection I of this Section shall apply and windows the provisions of subsection II shall be performed of no force and effect. If Tenant elects to have Owner clean the Demised Premises, then the provision of subsection II of this Section shall apply and the provisions of subsection I shall be of no force and effect.
I. Owner shall have no obligation to clean the Demised Premises or caused remove refuse therefrom. Tenant, at Tenant's expense, shall cause the Demised Premises to be performed by Landlord at Landlord’s expense on Operating Days cleaned substantially in accordance with the standards set forth in Schedule E attached hereto and made a part hereof, and shall cause Tenant's refuse to be removed. Such cleaning specifications annexed hereto as Schedule 1 or such other shall be performed by the cleaning specifications that may be agreed to in writing by Landlord and Tenant contractor selected, from time to time time, by Owner in its sole discretion, provided that (i) such cleaning contractor shall be the “Cleaning Specifications”).
B. If same cleaning contractor then selected by Owner to provide cleaning to the remainder of the Building outside the Demised Premises, and (ii) Tenant requires services in excess of shall execute a cleaning contract with such contractor, which shall contain the same provisions as those contained in Owner's cleaning contract with such cleaning contractor to the then applicable Cleaning Specifications, extent related to the cleaning of tenant space in the building (as said provisions shall be adjusted to reflect the size of the Demised Premises and any extra cleaning services required by Tenant beyond those set forth in Schedule E). Tenant shall have the right to have Tenant’s employees perform such services or Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord), cooperate with any waste and Tenant shall be responsible for paying any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and for the removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odors) incurred by Landlord (or Landlord’s cleaning contractor) in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises. In connection with the foregoing, Landlord shall provide to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement recycling program of the Building for storage and disposal shall comply with all reasonable rules and regulations of such garbage and/or other wasteOwner with respect thereto.
C. Without limiting the provisions of paragraph B above, II. Provided Tenant shall reimburse Landlord on demand keep the Demised Premises in reasonable order, Owner, at Owner's expense, shall cause the office areas of the Demised Premises to be cleaned substantially in accordance with the standards set forth in Schedule E and shall cause Tenant's ordinary office waste paper refuse to be removed. Tenant shall cooperate with any waste and garbage recycling program of the Building and shall comply with all reasonable rules and regulations of Owner with respect thereto. Tenant acknowledges that Owner's obligation to cause the office areas of the Demised Premises to be cleaned excludes any portion of the Demised Premises not used as office areas (e.g., storage, mail and computer areas, private lavatories and areas used for the actual costs charged by Landlord’s cleaning contractorstorage, without profit to Landlord, (a) for extra cleaning work in the Premises and/or the Building required by reason of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises for the preparation, serving service or consumption of food or beverages). Unless Owner shall request that Tenant make its own arrangements directly with the contractor providing cleaning services to the Demised Premises, data processing or reproducing operationsTenant shall pay Owner at Owner's actual out-of-pocket cost, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications for the Building or (b) for removal from the Premises and the Building of so much of any of Tenant’s 's refuse or rubbish as shall exceed that ordinarily accumulated daily in rubbish, other than ordinary office occupancy (it being understood thatwaste paper refuse, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable access to the Premises after Operating Hours and the reasonable use of light, power and water in the Premises as reasonably required for the purpose of cleaning the PremisesBuilding.
D. Notwithstanding the foregoing, Tenant may elect, from time to time, to perform any or all of the cleaning services otherwise to be provided by Landlord pursuant to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so elects.
Appears in 1 contract
Sources: Sub Sublease Agreement (Eyetech Pharmaceuticals Inc)
Cleaning. A. Cleaning of office areas, lavatories, main lobby, elevators, building exterior, and windows The following shall be performed or caused added to be performed by Landlord at Landlord’s expense on Operating Days in accordance with Section 7.6 of the cleaning specifications annexed hereto as Schedule 1 or such other cleaning specifications that may be agreed to in writing by Landlord and Tenant from time to time (the Original Lease: “Cleaning Specifications”).
B. If Tenant requires services in excess of those contained in the then applicable Cleaning Specifications, Tenant shall have the right to have Tenant’s employees perform such services or Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord), and Tenant shall be responsible for paying any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained hereinin this Section 7.6, Tenant may, at Tenant’s expense, elect to hire additional day ▇▇▇▇▇▇ services to service areas only within the Leased Premises. Any such day ▇▇▇▇▇▇ services shall not be responsible for cleaning of the License Area and for the removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odors) incurred by Landlord (or required to be Landlord’s cleaning contractor; provided, however, such vendor/contractor shall be approved, in writing, by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Simultaneous with Tenant’s request for Landlord approval of such vendor/contractor, Tenant shall give Landlord (i) the name and address of the proposed vendor/contractor; (ii) the terms of and the scope of such day ▇▇▇▇▇▇ services, (iii) the written results of a background check for the individuals employed by the vender/contractor that will be performing work in connection the Leased Premises, including information about the individual’s criminal record and ability to work; and (iv) any other information reasonably requested by Landlord. Tenant’s vendor/contractor shall carry and maintain at all times Commercial General Liability Insurance, Business Auto Liability, All-Risk Insurance and Worker’s Compensation Insurance, Employer’s Liability Insurance, all issued by insurers licensed to do business in California and having coverage amounts which are reasonably acceptable to Landlord and any other insurance reasonably required by Landlord. The insurance certificates shall name Landlord Insured Parties as additional insureds on the liability policies. Certificates or copies of such insurance policy shall be delivered to Landlord before the commencement of any day ▇▇▇▇▇▇ services by any vendor. The insurance policies required hereunder shall be considered as the primary insurance and shall not call into contribution any insurance then maintained by the Landlord. Neither Tenant nor any of its vendors/contractors rendering such day ▇▇▇▇▇▇ services shall use the janitor closets within the Project and any such cleaning supplies shall be kept within the Leased Premises in the ordinary course of business and in accordance with the storage or disposal terms of the Lease and Laws. At Landlord’s request, Tenant shall provide Landlord a Materials Safety Data Sheet (MSDS) listing any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities and all materials kept by Tenant in the PremisesLeased Premises which may be of a hazardous nature. In connection with For clarity, the provisions of Sections 9.1(d) apply to this Section 7.6. Notwithstanding the foregoing, Landlord shall provide have the option to withdraw any such consent for such day ▇▇▇▇▇▇ services, for reasonable cause, upon thirty (30) days prior written notice to Tenant, at Tenant’s sole cost and expensein which case, a dedicated refrigerated room in the basement of the Building for storage and disposal of Tenant shall within such garbage and/or other waste.
C. Without limiting thirty (30) days, terminate such day ▇▇▇▇▇▇ services. Notwithstanding the provisions of paragraph B aboveSections 9.1(d), Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work in the Premises and/or the Building required by reason of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises for the preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications for the Building or (b) for removal from the Premises and the Building of so much of any of Tenant’s refuse or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable access to the Premises after Operating Hours and the reasonable use of light, power and water in the Premises as reasonably required for the purpose of cleaning the Premises.
D. Notwithstanding the foregoing, Tenant may elect, from time to time, to perform any or all of the cleaning services otherwise to be provided by Landlord pursuant to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled required to any abatement in Annual Fixed Rent or Additional Rent if Tenant so electsengage a union day ▇▇▇▇▇▇ service provider.”
Appears in 1 contract
Sources: Office Lease Agreement (Roblox Corp)
Cleaning. A. Cleaning of office areas(i) Dirt, lavatories, main lobby, elevators, building exterior, litter and windows obstructions shall be performed or caused to be performed by Landlord at Landlord’s expense on Operating Days in accordance with the cleaning specifications annexed hereto as Schedule 1 or such other cleaning specifications that may be agreed to in writing by Landlord collected and Tenant from time to time removed daily (the “Cleaning Specifications”).
B. If Tenant requires services in excess of those contained in the then applicable Cleaning Specifications, Tenant shall have the right to have Tenant’s employees perform such services or Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlordseven days a week), and Tenant garbage, trash, and leaves, collected and removed by Licensee on a regular basis, as needed. Licensee shall be responsible for paying any removal of all other materials, including construction debris and all costs whatsoever in connection therewithabandoned vessels. Notwithstanding anything to the contrary contained herein, Tenant Licensee shall be responsible for cleaning disposal of garbage from Licensee’s Special Events. Dirt, litter, obstructions, garbage, trash and leaves shall be collected so as to maintain the Licensed Premises in a clean, neat and good condition. At no time may any garbage, trash and litter, including but not limited to construction debris generated at the Licensed Premises (excluding any construction debris resulting from the construction of approved Alterations and Capital Improvements which is removed in the ordinary course of construction), be stored on the Licensed Premises or placed within Parks containers without the express written approval of the License Area Parks’ Manhattan Borough Commissioner. Licensee is prohibited from bringing any garbage, trash, litter and natural debris not generated at the Licensed Premises to the Licensed Premises for the removal from the Premises disposal.
(ii) All walkways, sidewalks and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption all pavements and facilities in the Licensed Premises including comfort stations, recreational facilities, docks, piers and boathouses, shall be routinely cleaned and maintained so as to keep such improvements and facilities in a clean, neat and good condition.
(iii) Graffiti shall be regularly painted over or removed, as appropriate to the nature of the surface, within forty-eight (48) hours of Licensee noticing or being informed of the presence of graffiti on the Licensed Premises.
(iv) Drains, any costs incurred in connection therewithsewers and catch basins on the Licensed Premises shall be cleaned regularly to prevent clogging.
(v) Branches and trees damaged or felled shall be promptly set aside for removal by the City.
(vi) Licensee shall remove or shall cause the removal of all boats, and any additional costs (includingdocks, without limitation, extermination, ventilation and vehicles or other property abandoned at the mitigation of any odors) incurred by Landlord (or Landlord’s cleaning contractor) Licensed Premises in connection with the storage its activities or disposal any sublicensee or permittee. Licensee shall promptly notify Parks of any of Tenant’s garbage abandoned boats or other waste from vehicles at the Kitchen and/or any cafeteriaLicensed Premises that it becomes aware of.
(vii) Licensee shall maintain, lunchroom or other food preparation and/or consumption facilities and clean the restrooms at the Licensed Premises in the Premisesa manner reasonably approved by Parks. In connection with the foregoingaddition, Landlord Licensee shall provide stock all necessary supplies, and make any necessary repairs to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other wasterestrooms.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work in the Premises and/or the Building required by reason of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises for the preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications for the Building or (b) for removal from the Premises and the Building of so much of any of Tenant’s refuse or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable access to the Premises after Operating Hours and the reasonable use of light, power and water in the Premises as reasonably required for the purpose of cleaning the Premises.
D. Notwithstanding the foregoing, Tenant may elect, from time to time, to perform any or all of the cleaning services otherwise to be provided by Landlord pursuant to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so elects.
Appears in 1 contract
Sources: License Agreement
Cleaning. A. Cleaning of office areas(i) Dirt, lavatories, main lobby, elevators, building exterior, litter and windows obstructions shall be performed or caused to be performed by Landlord at Landlord’s expense on Operating Days in accordance with the cleaning specifications annexed hereto as Schedule 1 or such other cleaning specifications that may be agreed to in writing by Landlord collected and Tenant from time to time removed daily (the “Cleaning Specifications”).
B. If Tenant requires services in excess of those contained in the then applicable Cleaning Specifications, Tenant shall have the right to have Tenant’s employees perform such services or Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlordseven days a week), and Tenant garbage, trash, and leaves, collected and removed by Licensee on a regular basis, as needed. Licensee shall be responsible for paying any removal of all other materials, including construction debris and all costs whatsoever in connection therewithabandoned vessels. Notwithstanding anything to the contrary contained herein, Tenant Licensee shall be responsible for cleaning disposal of garbage from Licensee’s Special Events. Dirt, litter, obstructions, garbage, trash and leaves shall be collected so as to maintain the Licensed Premises in a clean, neat and good condition. At no time may any garbage, trash and litter, including but not limited to construction debris generated at the Licensed Premises (excluding any construction debris resulting from the construction of approved Alterations and Capital Improvements which is removed in the ordinary course of construction), be stored on the Licensed Premises or placed within Parks containers without the express written approval of the License Area Parks’ Manhattan Borough Commissioner. Licensee is prohibited from bringing any garbage, trash, litter and natural debris not generated at the Licensed Premises to the Licensed Premises for the removal from the Premises disposal.
(ii) All walkways, sidewalks and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption all pavements and facilities in the Licensed Premises including comfort stations, recreational facilities, docks, piers and boathouses, shall be routinely cleaned and maintained so as to keep such improvements and facilities in a clean, neat and good condition.
(iii) Graffiti shall be regularly painted over or removed, as appropriate to the nature of the surface, within forty-eight (48) hours of Licensee noticing or being informed of the presence of graffiti on the Licensed Premises.
(iv) Drains, any costs incurred in connection therewithsewers and catch basins on the Licensed Premises shall be cleaned regularly to prevent clogging.
(v) Branches and trees damaged or felled shall be promptly set aside for removal by the City.
(vi) Licensee shall remove or shall cause the removal of all boats, and any additional costs (includingdocks, without limitation, extermination, ventilation and vehicles or other property abandoned at the mitigation of any odors) incurred by Landlord (or Landlord’s cleaning contractor) Licensed Premises in connection with the storage its activities or disposal any sublicensee or permittee. Licensee shall promptly notify Parks of any of Tenant’s garbage abandoned boats or other waste from vehicles at the Kitchen and/or any cafeteriaLicensed Premises that it becomes aware of.
(vii) Licensee shall maintain, lunchroom or other food preparation and/or consumption facilities and clean the restrooms at the Licensed Premises in the Premisesa manner reasonably approved by ▇▇▇▇▇. In connection with the foregoingaddition, Landlord Licensee shall provide stock all necessary supplies, and make any necessary repairs to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other wasterestrooms.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work in the Premises and/or the Building required by reason of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises for the preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications for the Building or (b) for removal from the Premises and the Building of so much of any of Tenant’s refuse or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable access to the Premises after Operating Hours and the reasonable use of light, power and water in the Premises as reasonably required for the purpose of cleaning the Premises.
D. Notwithstanding the foregoing, Tenant may elect, from time to time, to perform any or all of the cleaning services otherwise to be provided by Landlord pursuant to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so elects.
Appears in 1 contract
Sources: License Agreement
Cleaning. A. Cleaning of office areas(A) Tenant, lavatoriesat Tenant’s expense, main lobbyshall cause the Premises, elevators, building all glass surfaces (interior and exterior), and windows shall be performed or caused all fixtures, furnishings and property of Tenant to be performed cleaned daily, shall not at any time sweep any refuse, rubbish or dirt into the gutters or streets of the Building and Tenant, at Tenant’s expense, shall exterminate the portions of the Premises that Tenant uses for the storage, preparation, service or consumption of food against infestation by insects and veHnin regularly, and in addition, whenever there is evidence of infestation and whenever Landlord, in its reasonable discretion, deems the same necessary or desirable. Tenant shall engage Persons to perform such exterminating that are approved by Landlord, which approval Landlord shall not unreasonably withhold, condition or delay. Tenant shall cause such Persons to perform such exterminating in a manner that is reasonably satisfactory to Landlord.
(B) Tenant, at LandlordTenant’s expense on Operating Days expense, shall clean daily all portions of the Premises used for the storage, preparation, service or consumption of food or beverages. Tenant shall not have the right to perform any cleaning services in accordance with the Premises using any Person other than the cleaning specifications annexed hereto as Schedule 1 or such other cleaning specifications contractor that may be agreed to in writing by Landlord and Tenant has engaged from time to time (the “Cleaning Specifications”).
B. If Tenant requires to perform cleaning services in excess of those contained in the then applicable Cleaning SpecificationsBuilding for Landlord; provided, however, that (x) Landlord shall not have the right to require Tenant to use such cleaning contractor unless the rates that such cleaning contractor agrees to charge Tenant for such additional cleaning services are commercially reasonable, and (y) subject to Section 5.9 hereof, Tenant shall have the right to have use Tenant’s own employees for such additional cleaning services. If such cleaning contractor does not agree to charge Tenant for such additional cleaning services at commercially reasonable rates, then Tenant may employ to perform such additional cleaning services another cleaning contractor that Landlord approves, which approval Landlord shall not unreasonably withhold, condition or delay.
(C) Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord), and Tenant shall be responsible for paying comply with any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and for the removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs refuse disposal program (including, without limitation, extermination, ventilation and the mitigation of any odorswaste recycling program) incurred that Landlord imposes reasonably or that is required by Landlord Requirements.
(or Landlord’s cleaning contractorD) in connection with the storage or disposal of Tenant shall not clean any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities window in the Premises. In connection with the foregoing, Landlord shall provide to Tenantnor require, at Tenant’s sole cost and expensepermit, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other waste.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work suffer or allow any window in the Premises and/or to be cleaned, in either case from the Building required by reason outside in violation of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions Section 202 of the Premises for New York Labor Law, any other Requirement, or the preparationrules of the Board of Standards and Appeals, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications for the Building or (b) for removal from the Premises and the Building of so much of any of Tenant’s refuse other board or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage body having or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable access to the Premises after Operating Hours and the reasonable use of light, power and water in the Premises as reasonably required for the purpose of cleaning the Premisesasserting jurisdiction.
D. Notwithstanding the foregoing, Tenant may elect, from time to time, to perform any or all of the cleaning services otherwise to be provided by Landlord pursuant to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so elects.
Appears in 1 contract
Sources: Loan Agreement (Alexanders Inc)
Cleaning. A. Cleaning of office areasProvided that Tenant shall keep the Premises in good order, lavatoriesLandlord shall cause the Premises, main lobbyincluding those interior hallways which are located within the Premises, elevators, building exterior, and windows shall be performed or caused to be performed by Landlord at Landlord’s expense on Operating Days cleaned in accordance with the cleaning specifications standards set forth in Exhibit "C" annexed hereto as Schedule 1 or such other cleaning specifications that may be agreed and hereby made a part hereof. Tenant agrees to in writing reimburse Landlord for the costs incurred by Landlord in so cleaning the Premises, together with Landlord's administrative costs (not to exceed five percent (5%) of such cleaning costs) in regard thereto. Such cleaning costs shall not exceed reasonable costs incurred for similar services provided to other Class A suburban office parks located in Monroe County. The cost of such services shall initially be $0.80 per square foot of Total Usable Area per year (including Landlord's administrative costs) and Tenant from time shall pay such costs in equal monthly installments at times for and together with the payments of Base Rent. The cost to time (Tenant shall be immediately increased by an amount equal to any increase in the “Cleaning Specifications”).
B. If cost of cleaning services with respect to the Premises billed to Landlord. Tenant requires services shall also pay to Landlord, within 15 days of billing, the costs incurred by Landlord for any cleaning in or of the Premises in excess of that specified in Exhibit "C" as well as for any additional cleaning requested by Tenant. Cleaning services will be provided to the Premises on a seven-day/week basis provided that extra services beyond those contained in provided on a five-day/week basis shall be paid for by Tenant. If Landlord fails to provide the then applicable Cleaning Specificationscleaning services set forth herein, Tenant shall notify the Landlord in writing and provide Landlord with thirty (30) days to cure such failures. If such failures have not been cured within such thirty (30) day time period, Tenant shall thereafter have the right to hire, at Tenant's expense, its own cleaning service(s) and shall not have Tenant’s employees perform such services or Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord), and Tenant shall be responsible for paying any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible pay Landlord for cleaning of the License Area and for the removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteriaas set forth herein provided that before Tenant hires such cleaning service, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odors) incurred by Tenant must give Landlord (or Landlord’s cleaning contractor) in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises. In connection with the foregoing, Landlord shall provide to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement of the Building for storage and disposal another written notice of such garbage and/or other wastefailures and fifteen (15) days to cure such failures.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work in the Premises and/or the Building required by reason of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises for the preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications for the Building or (b) for removal from the Premises and the Building of so much of any of Tenant’s refuse or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable access to the Premises after Operating Hours and the reasonable use of light, power and water in the Premises as reasonably required for the purpose of cleaning the Premises.
D. Notwithstanding the foregoing, Tenant may elect, from time to time, to perform any or all of the cleaning services otherwise to be provided by Landlord pursuant to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so elects.
Appears in 1 contract
Cleaning. A. Cleaning Landlord shall cause the Premises [excluding any portions thereof used for the storage, preparation, service or consumption of office areasfood or beverages (except for pantries, lavatories, main lobby, elevators, building exterior, and windows which Landlord shall be performed or caused to be performed by Landlord at Landlord’s expense on Operating Days clean in accordance with the applicable provisions of Exhibit D-Cleaning Specifications); as an exhibition area or classroom; for storage; as a shipping room, mail room or for similar purposes; for private bathrooms, showers or exercise facilities; primarily for operation of computer or data processing, and portions of the Premises that include any improvements or property that require non-standard office cleaning specifications annexed hereto supplies, materials, procedures, labor or service, such as Schedule 1 paintings and other works of art] to be cleaned by a licensed cleaning contractor, substantially in accordance with the standards set forth in Exhibit D-Cleaning Specifications. Landlord reserves the right to modify such standards from time-to-time provided that Landlord’s cleaning standards shall be reasonably consistent with those provided in ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇. Any areas of the Premises which Landlord is not required to clean hereunder or which require additional cleaning shall be cleaned, at Tenant’s expense, by Landlord’s cleaning contractor for such other additional charge as Landlord’s cleaning specifications that may be agreed to in writing by Landlord and Tenant contractor might require from time to time. Landlord’s cleaning contractor and its employees shall have access to the Premises at all times except between 8:00 a.m. and 6:00 p.m. on weekdays which are not Holidays. In addition to the foregoing, Landlord will cause the exterior windows of the Building to be washed not less than two (2) times per year (exterior surface two (2) times per year and interior surface one (1) time (the “Cleaning Specifications”per year).
B. If , with additional window washing services to be available if requested by Tenant requires services in excess of those contained in the then applicable Cleaning Specifications, and at Tenant’s expense. Tenant shall have the right to have Tenant’s employees perform its own cleaning contractor service the Premises between 8:00 a.m. and 6:00 p.m. on weekdays which are not Holidays provided such services or Tenant shall engage cleansing contractor is a licensed cleaning contractor, such cleaning contractor coordinates the provision of such servicers with Landlord’s property manager and such cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord), and Tenant shall be responsible for paying any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and for the removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odors) incurred by Landlord (or Landlord’s cleaning contractor) in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises. In connection with the foregoing, Landlord shall provide to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other waste.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged abides by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work in the Premises and/or the Building required by reason of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises for the preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications for the Building or (b) for removal from the Premises reasonable rules and the Building of so much of any of Tenant’s refuse or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable access to the Premises after Operating Hours and the reasonable use of light, power and water in the Premises as reasonably required for the purpose of cleaning the Premises.
D. Notwithstanding the foregoing, Tenant may elect, regulations from time to time, to perform any or all of time in effect governing third-party contractors providing services at the cleaning services otherwise to be provided by Landlord pursuant to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so electsBuilding.
Appears in 1 contract
Sources: Deed of Lease (FBR & Co.)
Cleaning. A. Cleaning of office areasTenant shall keep the Demised Premises clean and in a neat, lavatoriesorderly, main lobby, elevators, building exteriorsafe, and windows shall be performed or caused to be performed by sanitary condition. Landlord shall, at Landlord’s expense on Operating Days expense, cause the Demised Premises to be cleaned in accordance with the cleaning specifications annexed attached hereto as Schedule 1 or such other cleaning specifications that may be agreed to in writing by Landlord EXHIBIT F and Tenant from time to time (the “Cleaning Specifications”).
B. If Tenant requires services in excess of those contained in the then applicable Cleaning Specifications, made a part hereof on business days. Tenant shall have pay to Landlord on demand the right to have Tenant’s employees perform such services or Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord), and Tenant shall be responsible for paying any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and for the removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odors) incurred by Landlord for (or Landlord’s cleaning contractorx) in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises. In connection with the foregoing, Landlord shall provide to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other waste.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work in the Demised Premises and/or the Building required by reason because of (i) misuse or neglect on the part of Tenant, or its agents, contractors, licensees, employees, contractors, invitees customers or subtenantsvisitors, (ii) use of portions of the Demised Premises for the preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or areas, (iii) unusual quantity of interior glass surfaces, and (iv) non-Building standard materials or finishes not included in Landlord’s general cleaning specifications for installed by Tenant or at its request, and (y) the Building or (b) for removal from the Demised Premises and the Building of so much any refuse and rubbish of any Tenant in excess of Tenant’s refuse or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess routine of ordinary business office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable after-hours access to the Demised Premises after Operating Hours and the reasonable free use of light, power and water in the Demised Premises as reasonably required for the purpose of cleaning the Demised Premises in accordance with Landlord’s obligations hereunder. Tenant shall have the right for its employees to undertake general cleaning within the Demised Premises.
D. B. Tenant shall not employ any other cleaning and maintenance contractor without Landlord’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed). Tenant shall require every person engaged by Tenant to clean any window in the Demised Premises from the outside to use the equipment and safety devices required by Section 202 of the Labor Law and any other Legal Requirements applicable thereto. Notwithstanding the foregoing, Tenant may electLandlord shall cause the exterior windows of each floor of the Demised Premises to be cleaned one (1) time prior to Tenant’s occupancy of the Demised Premises within ten (10) days following Tenant’s request; it being agreed, however, that with respect to the eighth (8th) floor portion of the Demised Premises, Landlord shall cause the exterior windows of such floor to be cleaned promptly following the date of this Lease.
C. If the Demised Premises shall be or become infested with vermin, Tenant, at Tenant’s expense, shall cause the same to be exterminated from time to timetime to the reasonable satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be reasonably approved by Landlord. In the event Landlord maintains a Building extermination contract, Tenant may elect to perform any or all retain such services and shall pay to Landlord Tenant’s pro rata share of the cleaning extermination services otherwise provided to be provided by Landlord pursuant to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so electsthe Demised Premises.
Appears in 1 contract
Cleaning. A. Cleaning of office areasLandlord (subject to recoupment pursuant to Article 6 hereof) shall cause the Premises to be cleaned by a reputable, lavatoriesexperienced and insured cleaning contractor five (5) days per week (Monday through Friday, main lobbyinclusive (excluding holidays); however, elevators, building exterior, and windows shall the Friday cleaning services may be performed or caused to be performed by Landlord at Landlord’s expense on Operating Days in accordance weekend days) consistent with the cleaning specifications annexed hereto and made a part hereof as Schedule 1 Exhibit D. Tenant shall pay to Landlord, as Additional Rent, within thirty (30) days after being billed therefor, Landlord's extra charges from its cleaning contractor for any special or such other unusual cleaning specifications that may be agreed to in writing by Landlord and Tenant from time to time (the “Cleaning Specifications”).
B. If Tenant requires services in excess of those contained work in the then applicable Cleaning SpecificationsPremises, including, without limitation, the cleaning of portions of the Premises with glass partitions, any executive bathrooms, or any areas used for the storage, preparation, service or consumption of food or beverages (if any). Notwithstanding the foregoing, throughout the Term Tenant shall have the right one-time per calendar year to have Tenant’s employees perform such services or Tenant shall engage Landlord’s cleaning contractor (or such other substitute its own reputable, experienced and insured cleaning contractor reasonably acceptable approved by Landlord to clean the Premises pursuant to such cleaning specifications, in which case (a) Tenant shall receive, at Landlord's election, a credit against either Tenant's Additional Rent or Fixed Rent equal to the savings actually realized by Landlord as a result of such substitution (the "Janitorial Credit"), and Tenant (b) Landlord shall be responsible adjust the Base Expenses to reflect any such annual Janitorial Credit for paying any future payments of Costs of Operation and all costs whatsoever in connection therewithMaintenance escalations under Article 6 hereof. Notwithstanding anything If, at the time that the application of the Janitorial Credit becomes necessary pursuant to the contrary contained hereinprovisions of this Section, Tenant shall be responsible for cleaning the amount of the License Area and for the removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odors) incurred savings actually realized by Landlord (or Landlord’s cleaning contractor) has not been determined, then, in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises. In connection with the foregoingsuch event, Landlord shall provide to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in reasonably estimate the basement of the Building for storage and disposal of such garbage and/or other waste.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work in the Premises and/or the Building required by reason of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises for the preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications for the Building or (b) for removal from the Premises and the Building of so much of any of Tenant’s refuse or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable access to the Premises after Operating Hours and the reasonable use of light, power and water in the Premises as reasonably required same for the purpose of cleaning such application and, within thirty (30) days after the Premises.
D. Notwithstanding date that the foregoingactual Janitorial Credit becomes known, Landlord shall notify Tenant may elect, from time of such actual amount and within thirty (30) days following such notice Tenant shall pay to time, Landlord any deficiency in Rent owed to perform any or all Landlord based upon Landlord's estimate of the cleaning services otherwise to be provided Janitorial Credit and Landlord shall credit Tenant with any overpayment of Rent made by Landlord pursuant to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant shall not be entitled to any abatement in Annual Fixed Rent or Additional Rent if Tenant so electsbased on such estimate.
Appears in 1 contract
Cleaning. A. Cleaning of office areasLandlord, lavatoriesat its expense, main lobby, elevators, building exterior, and windows shall be performed or caused cause the demised premises to be performed by Landlord at Landlord’s expense on Operating Days cleaned in accordance a manner consistent with the cleaning specifications annexed hereto as Schedule 1 or such other cleaning specifications that may be agreed to in writing by Landlord and Tenant from time to time (the “Cleaning Specifications”).
B. If Tenant requires services in excess of those contained a first-class office building in the then applicable Cleaning Specifications, Wall Street district of Manhattan. Tenant shall have pay to Landlord on demand the right to have Tenant’s employees perform such services or Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord), and Tenant shall be responsible for paying any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible for cleaning of the License Area and for the removal from the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odors) incurred by Landlord (or Landlord’s cleaning contractor) in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises. In connection with the foregoing, Landlord shall provide to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other waste.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work in the Premises and/or the Building demised premises required by reason because of (i) misuse or neglect on the part of Tenant, Tenant or its agents, employees, contractors, invitees employees or subtenantsvisitors, (ii) use of portions of the Premises demised premises for the preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or areas, (iii) unusual quantity of interior glass surfaces, (iv) non-building standard materials or finishes not included in Landlord’s general cleaning specifications for the Building installed by Tenant or at its request, and (b) for removal from the Premises demised premises and the Building of so much any refuse and rubbish of any Tenant in excess of Tenant’s refuse or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess routine of ordinary business office occupancy). Landlord, its 's cleaning contractor and their employees shall have reasonable after hours access to the Premises after Operating Hours demised premises and the reasonable free use of light, power and water in the Premises demised premises as reasonably required for the purpose of cleaning the Premisesdemised premises in accordance with Landlord's obligations hereunder, subject to Tenant's reasonable security requirements of which Tenant has provided in writing to Landlord.
D. Notwithstanding the foregoingB. Tenant, Tenant may electat its sole cost and expense, from time to timeshall keep clean, to perform any or the reasonable satisfaction of Landlord, all portions of the cleaning services otherwise demised premises that Landlord is not obligated to be provided clean (or to which Landlord does not have access due to Tenant's security requirements), by Landlord pursuant to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided . Tenant shall place all of its refuse and rubbish that Landlord is not obligated to remove from the demised premises in sealed plastic bags at a location and at times to be entitled designated by Landlord. Tenant shall pay to Landlord, on demand, any abatement costs incurred by Landlord for (i) removal from the designated location and the Building of so much of any refuse and rubbish of Tenant as shall exceed, in Annual Fixed Rent Landlord's reasonable judgment, that ordinarily accumulated daily in the routine of business office occupancy for premises equal in size to the demised premises and (ii) Tenant's failure to place its refuse and rubbish at the designated location, times or Additional Rent if in the manner hereinbefore provided. No one other than persons first approved by Landlord shall be permitted to enter the demised premises or the Building for the purposes of cleaning the same. All cleaning of the demised premises by Tenant so electsshall be performed strictly in accordance with the rules and regulations established from time to time by Landlord in accordance with the provisions of this lease.
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Sources: Office Lease (Thestreet Com)
Cleaning. A. Cleaning 23.01 Tenant shall, at its sole cost and expense, (i) keep the Premises clean, in good order and free of office areas, lavatories, main lobby, elevators, building exterior, all debris to the satisfaction of Landlord and windows shall be performed or caused (ii) promptly bag and remove all garbage in connection with the conduct of its business at the Premises to be performed the Building’s designated disposal area under such conditions and at such times as approved by Landlord at Landlord’s expense on Operating Days in accordance so as to avoid any obnoxious or offensive odors therefrom or otherwise interfering with the cleaning specifications annexed hereto comfort and quiet enjoyment of the other occupants of the Building or pedestrians.
23.02 Tenant shall, at its sole cost and expense, engage a carting company for the removal and disposal of Tenant’s bulk or non-ordinary garbage during such hours as Schedule 1 or such other cleaning specifications that may be agreed to in writing reasonably designated by Landlord Landlord; such removal and Tenant from time to time (disposal shall at all times comply with all applicable laws. Upon the “Cleaning Specifications”).
B. If Tenant requires services in excess enactment of city wide commercial recycling regulations notwithstanding those contained in the then applicable Cleaning Specifications, Tenant shall have the right to have Tenant’s employees perform such services or Tenant shall engage Landlord’s cleaning contractor (or such other cleaning contractor reasonably acceptable to Landlord), and Tenant shall be responsible for paying any and all costs whatsoever in connection therewith. Notwithstanding anything to the contrary contained hereinregulations, Tenant shall be responsible for cleaning all the requirements of said regulations as if Tenant were the Landlord of said premises. Tenant shall pay any and all fines issued as a result of T▇▇▇▇▇’s failure to perform all the requirements set forth for commercial recycling. Refuse in closed plastic trash bags shall be permitted to remain in front of the License Area and Premises only on days when such refuse is scheduled for removal.
23.03 Tenant shall not clean, nor require, permit, suffer or allow any window in the Premises to be cleaned, from the outside in violation of any applicable law, or the rules of any governmental or quasi-governmental authority asserting jurisdiction.
23.04 Without limiting Tenant’s obligations hereunder, Tenant shall be responsible for the prompt and thorough removal from of any and all graffiti at or on the Building fronting the Premises, Building windows constituting part of the Premises, sidewalks, curbs and loading docks adjacent to the Premises. Tenant acknowledges that it shall remove same without the requirement for Landlord to give notice to Tenant of any graffiti condition. However, if Landlord shall give Tenant written notice of a graffiti condition at the Premises and the Building of any garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises, any costs incurred in connection therewith, and any additional costs (including, without limitation, extermination, ventilation and the mitigation of any odors) incurred by Landlord (or Landlord’s cleaning contractor) in connection with the storage or disposal of any of Tenant’s garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises. In connection with the foregoing, Landlord shall provide to Tenant, at Tenant’s sole cost and expense, a dedicated refrigerated room in the basement of the Building for storage and disposal of such garbage and/or other waste.
C. Without limiting the provisions of paragraph B above, Tenant shall reimburse Landlord on demand for the actual costs charged by Landlord’s cleaning contractor, without profit to Landlord, (a) for extra cleaning work in the Premises and/or the Building required by reason of (i) misuse or neglect on the part of Tenant, its agents, employees, contractors, invitees or subtenants, (ii) use of portions of the Premises for the preparation, serving or consumption of food or beverages, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas or (iii) materials or finishes not included in Landlord’s general cleaning specifications for the Building or (b) for removal from the Premises and the Building of so much of any of Tenant’s refuse or rubbish as shall exceed that ordinarily accumulated daily in ordinary office occupancy (it being understood that, without limitation, garbage or other waste from the Kitchen and/or any cafeteria, lunchroom or other food preparation and/or consumption facilities in the Premises are in excess of ordinary office occupancy). Landlord, its cleaning contractor and their employees shall have reasonable access to the Premises after Operating Hours and the reasonable use of light, power and water in the Premises as reasonably required for the purpose of cleaning the Premises.
D. Notwithstanding the foregoing, Tenant may elect, from time to time, to perform any or all of the cleaning services otherwise to be provided by Landlord pursuant to this Section II, using Tenant’s employees or a cleaning contractor reasonably acceptable to Landlord, provided Tenant same shall not be entitled corrected by Tenant within ten (10) days of the date of such notice, such failure to any abatement in Annual Fixed Rent or Additional Rent if Tenant so electscorrect shall be deemed to be a default under the terms of this Lease.
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