Extra Services. Landlord may provide to Tenant at Tenant’s sole cost and expense (and subject to the limitations hereinafter set forth) the following extra services: (a) Such extra cleaning and janitorial services requested by ▇▇▇▇▇▇; (b) Intentionally Omitted; (c) Heating, ventilation, air conditioning or Extra Electrical Service, subject to the provisions of Section 4.2(g) hereof, provided by Landlord to Tenant (i) during hours other than the Building hours of operation specified in the rules and regulations for the Building adopted pursuant to Section 5.17, which shall provide for Building hours of operation of 8:00 a.m. to 6:00 p.m., Monday through Friday (excluding holidays observed by the federal government), or (ii) on Saturdays, Sundays, or holidays, all said heating, ventilation, and air conditioning or extra electrical service to be furnished solely upon the prior written request of Tenant submitted during business hours to Landlord at least 24 hours in advance of the time such service is needed, or pursuant to such other procedures (which may permit less than 24 hours notice) as may be established from time to time by Landlord for the Building (such after-hour HVAC, shall be billed at Landlord’s commercially reasonable standard rates); (d) Maintaining and replacing non-Building Standard lamps, bulbs, starters and ballasts (whether or not the light fixtures were installed by Landlord as part of the Tenant Improvements); (e) Repair and maintenance service which is the obligation of Tenant under this Lease; (f) Repair, maintenance or janitorial service to the Leased Premises, the Common Areas or the Project parking area which is required as a result of the acts or omissions of Tenant, its agents, employees, contractors, invitees or licensees; and (g) Any basic service in amounts determined by Landlord to exceed the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service, but only if Landlord elects to provide such additional or excess service. For the purposes of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the Leased Premises to measure the amount of electricity and/or water consumed by Tenant therein. The cost of such installation and of such excess electricity and/or water (at the rates charged for such services by the local public utility) shall be paid by Tenant to Landlord upon receipt by Tenant of a ▇▇▇▇ ▇▇▇▇▇▇▇▇. The cost chargeable to Tenant for all extra services shall constitute Additional Rent and shall include a management fee payable to Landlord of ten percent (10%). Additional Rent shall be paid monthly by Tenant to Landlord concurrently with the payment of Base Rent.
Appears in 2 contracts
Sources: Office Building Lease (Marqeta, Inc.), Office Building Lease (Marqeta, Inc.)
Extra Services. If Tenant uses extra services because of either non-Business Hours use or high electricity installations or if Tenant uses any Landlord-provided services in excess of that required for normal and customary office use (it being understood that Landlord may provide to Tenant at Tenant’s sole cost and expense (and subject to the limitations hereinafter set forth) considers the following extra services:
factors to be significant indicators that electrical consumption may be in excess of normal and customary office use (a) Such extra cleaning and janitorial services requested by ▇▇▇▇▇▇;
(b) Intentionally Omitted;
(c) Heatingi.e., ventilation, air conditioning or Extra Electrical Service, subject to the provisions of Section 4.2(g) hereof, provided by Landlord to Tenant “above standard”): (i) during hours heavy, intense and/or dedicated plug loads in rooms, closets or other than areas of the Building hours of operation specified in the rules and regulations for the Building adopted Premises served by Supplemental HVAC Equipment or which Landlord has a right to require be served by Supplemental HVAC Equipment pursuant to Section 5.17, which shall provide for Building hours of operation of 8:00 a.m. to 6:00 p.m., Monday through Friday (excluding holidays observed by the federal government), or 5.5(c) herein and (ii) the temperature in a specific area of the Premises exceeds 78° F dry bulb on Saturdaysa recurring basis due to Tenant’s surrounding equipment or activities in or near such area), Sundays, or holidays, all said heating, ventilationthe costs of such services shall be excluded from Operating Costs, and air conditioning or extra electrical service to be furnished solely upon the prior written request of Tenant submitted during business hours to Landlord at least 24 hours in advance of the time such service is needed, or pursuant to such other procedures (which may permit less than 24 hours notice) as may be established from time to time by Landlord for the Building (such after-hour HVAC, shall be billed at Landlord’s commercially reasonable standard rates);
(d) Maintaining and replacing non-Building Standard lamps, bulbs, starters and ballasts (whether or not the light fixtures were installed by Landlord as part of the Tenant Improvements);
(e) Repair and maintenance service which is the obligation of Tenant under this Lease;
(f) Repair, maintenance or janitorial service to the Leased Premises, the Common Areas or the Project parking area which is required as a result of the acts or omissions of Tenant, its agents, employees, contractors, invitees or licensees; and
(g) Any basic service in amounts determined by Landlord to exceed the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service, but only if Landlord elects to provide such additional or excess service. For the purposes of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the Leased Premises to measure the amount of electricity and/or water consumed by Tenant therein. The cost of such installation and of such excess electricity and/or water (at the rates charged for such services by the local public utility) shall be paid by Tenant to Landlord upon as Additional Rent within thirty (30) days of receipt of an invoice for such costs from Landlord. HVAC and lighting required by Tenant during non-Business Hours shall be supplied upon request by Tenant’s use of a ▇▇▇▇ ▇▇▇▇▇▇▇▇an override system in the Premises which will provide non-Business Hours HVAC and lighting to the Premises and which will provide Landlord with information to determine the length of time during which Tenant uses such non-Business Hours HVAC and lighting and Tenant shall pay the cost incurred by Landlord in providing such non-Business Hours HVAC and lighting. The current charge for non-Business Hours HVAC and lighting is $17.00 per hour per floor, but such charge is subject to increase based on increased costs incurred by Landlord in providing the same throughout the Lease Term. If Tenant determines that it will need to use HVAC and lighting service on a regular and sustained basis during non-Business Hours, Landlord agrees to collaborate with Tenant in a good faith effort to provide such non-Business Hours HVAC and lighting service at a reduced rate compared to the then applicable non-Business Hours HVAC and lighting rate. Subject to Section 5.1(c) herein, Tenant shall not place or operate in the Premises any electrically operated equipment or other machinery, other than machinery and equipment normally used in offices, including, but not limited to, a server room, state-of-the-art communications systems and other equipment requiring electrical capacity in excess of that required for normal and customary office use, and none of the equipment or machinery placed in the Premises by Tenant shall exceed the electrical capacity of the Premises, unless Tenant receives Landlord’s advance written consent. Landlord is not obligated to provide any services other than those listed in Section 5.1(a) herein, but at Tenant’s request, such other services may be provided by Landlord, in Landlord’s sole discretion, provided the cost chargeable to Tenant for all extra of such services shall constitute Additional Rent and shall include a management fee payable to Landlord of ten percent (10%). Additional Rent shall be is paid monthly by Tenant to Landlord concurrently with as Additional Rent. Tenant’s failure to pay the payment of correct charges required by this Section 5.1(b) within thirty (30) days after receiving an invoice for the same shall entitle Landlord to the same remedies it has upon Tenant’s failure to pay Base RentRent or any other charges due under this Lease and the right to terminate any such services.
Appears in 2 contracts
Sources: Lease (Premier, Inc.), Lease (Premier, Inc.)
Extra Services. Landlord may provide to Tenant in Landlord's discretion and at Tenant’s sole ▇▇▇▇▇▇'s cost and expense (and subject to the limitations hereinafter set forth) the additional services described below ("Extra Services"). Tenant shall pay Landlord for the cost (including capital costs, out of-pocket expenses and the allocated cost of Landlord's employees) of providing any Extra Services, together with an administrative fee equal to seven and one- half percent (7.5%) of such cost, within thirty (30) days following presentation of an invoice therefor by Landlord to Tenant. Landlord shall not charge the administrative fee on the services described in Sections 5.4(b) and 5.4(c) or --------------- ----- for the cost of extra services:janitorial services that are provided under a separate contract between Tenant and the janitorial service. The cost chargeable to Tenant for Extra Services shall constitute Rent.
(a) Such Any extra cleaning and janitorial services requested by ▇▇▇▇▇▇;Tenant or required for the Tenant Improvements, in excess of that required for Building Standard Improvements; provided that Tenant may contract separately with Landlord's janitorial provider for extra janitorial services at Tenant's expense.
(b) Intentionally Omitted;Additional air conditioning and ventilating capacity required by reason of any electrical, data processing or other equipment or facilities or services required to support the same, in excess of that which would be required for Building Standard Improvements.
(c) Heating, ventilation, air conditioning or Extra Electrical Service, subject to the provisions of Section 4.2(g) hereof, provided by Landlord to Tenant (i) extra electrical equipment or service during hours other than the Building hours of operation specified in the rules and regulations for the Building adopted pursuant to Section 5.17, which Normal Office Hours. Landlord shall provide for Building hours of operation of 8:00 a.m. to 6:00 p.m., Monday through Friday (excluding holidays observed by the federal government), or (ii) on Saturdays, Sundays, or holidays, all said heating, ventilation, ventilation and air conditioning or extra electrical service to be furnished solely upon the prior written request of Tenant submitted during business hours to given in compliance with the notice requirements and procedures that Landlord at least 24 hours in advance of the time such service is needed, or pursuant to such other procedures (which may permit less than 24 hours notice) as may be established establish from time to time time. Tenant shall pay the hourly rate established by Landlord but shall not be required to pay an administrative fee for the Building (such after-hour HVAC, shall be billed at Landlord’s commercially reasonable standard rates);hours HVAC or electricity.
(d) Maintaining Repair and replacing non-Building Standard lamps, bulbs, starters and ballasts (whether or not the light fixtures were installed by Landlord as part of the Tenant Improvements);maintenance for which ▇▇▇▇▇▇ is responsible hereunder.
(e) Repair and maintenance service which is the obligation of Tenant under this Lease;
(f) Repair, maintenance or janitorial service to the Leased Premises, the Common Areas or the Project parking area which is required as a result of the acts or omissions of Tenant, its agents, employees, contractors, invitees or licensees; and
(g) Any basic service Basic Service in amounts reasonably determined by Landlord to exceed the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service5.1, but ----------- only if Landlord elects to provide such additional or excess service. For the purposes .
(f) Any other item described in this Lease as an Extra Service or which Landlord is not required to provide as part of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the Leased Premises to measure the amount of electricity and/or water consumed by Tenant therein. The cost of such installation and of such excess electricity and/or water (at the rates charged for such services by the local public utility) shall be paid by Tenant to Landlord upon receipt by Tenant of a ▇▇▇▇ ▇▇▇▇▇▇▇▇. The cost chargeable to Tenant for all extra services shall constitute Additional Rent and shall include a management fee payable to Landlord of ten percent (10%). Additional Rent shall be paid monthly by Tenant to Landlord concurrently with the payment of Base RentBasic Services.
Appears in 1 contract
Extra Services. Except as expressly set forth herein, Tenant shall have no right to any services in excess of those provided herein; however:
(i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard, commercially reasonable, charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord. The charge for after hours HVAC service as of Effective Date is $260 per hour per floor, and $65 per hour per zone. Charges for fans only as of the Effective Date is $80 per hour per floor, and $20 per hour per zone. All of the foregoing charges are subject to change by Landlord may provide during the Term;
(ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord;
(iii) Landlord shall have the right to measure Tenant’s electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per rentable square foot basis, to exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord as additional Rent the estimated cost of such excess electrical usage and, if applicable, for the cost of purchasing, installing and maintaining the measuring device(s);
(iv) If Tenant installs or operates a server room which requires a supplemental HVAC unit(s) or otherwise installs supplemental HVAC units or other forms of high-consumption equipment or areas, Landlord will have the right to install, at Tenant’s sole cost and expense expense, a separate electrical meter to measure Tenant’s electrical consumption in such areas or from such equipment and to require that Tenant pay Landlord directly for the electricity consumed in such areas or by such equipment, on a monthly basis, within thirty (30) days after the delivery and subject to the limitations hereinafter set forth) the following extra services:an invoice from Landlord.
(av) Such extra cleaning and janitorial if Tenant uses any other services requested by ▇▇▇▇▇▇;
(b) Intentionally Omitted;
(c) Heatingin an amount or for a period in excess of that provided for herein, ventilation, air conditioning or Extra Electrical Service, subject then Landlord reserves the right to the provisions of Section 4.2(g) hereof, provided by Landlord to charge Tenant (i) during hours other than the Building hours of operation specified in the rules and regulations as additional Rent hereunder a reasonable sum as reimbursement for the Building adopted pursuant to Section 5.17, which shall provide for Building hours of operation of 8:00 a.m. to 6:00 p.m., Monday through Friday (excluding holidays observed by the federal government), or (ii) on Saturdays, Sundays, or holidays, all said heating, ventilation, and air conditioning or extra electrical service to be furnished solely upon the prior written request of Tenant submitted during business hours to Landlord at least 24 hours in advance of the time such service is needed, or pursuant to such other procedures (which may permit less than 24 hours notice) as may be established from time to time by Landlord for the Building (such after-hour HVAC, shall be billed at Landlord’s commercially reasonable standard rates);
(d) Maintaining and replacing non-Building Standard lamps, bulbs, starters and ballasts (whether or not the light fixtures were installed by Landlord as part of the Tenant Improvements);
(e) Repair and maintenance service which is the obligation of Tenant under this Lease;
(f) Repair, maintenance or janitorial service to the Leased Premises, the Common Areas or the Project parking area which is required as a result of the acts or omissions of Tenant, its agents, employees, contractors, invitees or licensees; and
(g) Any basic service in amounts determined by Landlord to exceed the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service, but only if Landlord elects to provide such additional or excess service. For the purposes of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the Leased Premises to measure the amount of electricity and/or water consumed by Tenant therein. The cost of such installation added services, and to charge Tenant for the cost of any administrative time, additional equipment or facilities or modifications thereto which are necessary to provide the additional services, and/or to discontinue providing such excess electricity and/or water (at the rates charged for such services by the local public utility) shall be paid by Tenant to Landlord upon receipt by Tenant of a ▇▇▇▇ ▇▇▇▇▇▇▇▇. The cost chargeable to Tenant for all extra services shall constitute Additional Rent and shall include a management fee payable to Landlord of ten percent (10%). Additional Rent shall be paid monthly by Tenant to Landlord concurrently with the payment of Base RentTenant.
Appears in 1 contract
Sources: Office Lease Agreement (RPX Corp)
Extra Services. Landlord may shall also provide to Tenant at Tenant’s sole cost and expense (and subject to the limitations hereinafter set forth) the following extra services:services and utilities, and the costs thereof shall be excluded from Operating Expenses and instead shall be paid directly by Tenant as more specifically set forth below.
(a) Such extra cleaning and janitorial services requested by ▇▇▇▇▇▇;
(b) Intentionally Omitted;
(c) Heating, ventilation, air conditioning or Extra Electrical Service, subject to the provisions of Section 4.2(g) hereof, provided by Landlord to Tenant (i) during hours other than Condenser water in accordance with the Building hours relevant provisions of operation specified Exhibit H (the “Condenser Water Specifications”) in the rules and regulations for the Building adopted pursuant to Section 5.17, which such quantities as Tenant shall provide for Building hours of operation of 8:00 a.m. to 6:00 p.m., Monday through Friday (excluding holidays observed by the federal government), or (ii) on Saturdays, Sundays, or holidays, all said heating, ventilation, and air conditioning or extra electrical service to be furnished solely upon the prior written request of Tenant submitted during business hours to Landlord at least 24 hours in advance of the time such service is needed, or pursuant to such other procedures (which may permit less than 24 hours notice) as may be established from time to time draw up to the maximum amount available to Tenant as set forth on Exhibit CW. Tenant shall pay for service requested and delivered under this clause (i) at the rate therefor set forth in Exhibit CW, subject to adjustment as therein provided.
(ii) HVAC in accordance with the HVAC Specifications to the Premises at such times outside of Regular HVAC Hours and for such portions of the Premises as Tenant shall from time to time request; provided that Landlord shall receive Tenant’s request therefor no later than 2:00 p.m. on a Business Day for such service at any time during the period commencing at 8:00 p.m. on such Business Day and ending on 7:00 a.m. on the next Business Day. Each such request shall specify the hours for which and the portions of the Premises for which Tenant is requesting such service. Tenant shall pay for service requested and delivered under this clause (ii) at the rates therefor set forth on Exhibit OTHVAC, subject to adjustment as therein provided.
(iii) Dedicated freight elevator service in accordance with the Freight Elevator Specifications at such times outside of Regular Freight Elevator Hours as Tenant shall from time to time request, subject to availability, provided Landlord shall receive Tenant’s request therefor no later than 2 p.m. on a Business Day for such service at any time during the period commencing at 6:00 p.m. on such Business Day and ending on 7:00 a.m. on the next Business Day. Each such request shall specify the hours for which Tenant is requesting such service. Landlord shall administer the scheduling of such service for Tenant and for Landlord and other tenants in a reasonable, non-discriminatory manner. If applicable Laws, service or collective bargaining agreements, or security concerns require that such service be attended by an operator or security personnel, Tenant shall pay a fee established by Landlord equal to the costs of such operator or personnel.
(iv) Use of the Building’s six bay loading dock (except for two bays which shall be dedicated to trash removal) at such times outside of Regular Loading Dock Hours as Tenant shall from time to time request, subject to availability, provided, Landlord shall receive Tenant’s request therefor no later than 2 p.m. on a Business Day for such use at any time during the period commencing at 4:00 p.m. on such Business Day and ending on 7:00 a.m. on the next Business Day. Each such request shall specify the hours for which Tenant is requesting such use. Landlord shall administer the scheduling of such service for Tenant and for Landlord and other tenants in a reasonable, non-discriminatory manner. If applicable Laws, service or collective bargaining agreements, or security concerns require that the loading dock be attended by an operator or security personnel, Tenant shall pay a fee established by Landlord equal to the costs of such operator or personnel.
(v) Such cleaning and trash removal service in addition to that described in the Cleaning Specifications as is available from Landlord’s janitorial service contractor, provided (a) Tenant Cleaning shall not be in effect, (b) Landlord shall receive Tenant’s request therefor reasonably in advance, and (c) Tenant shall pay for such additional service by reimbursing Landlord the amount charged by Landlord’s janitorial service contractor. Additionally, whether or not Tenant Cleaning shall be in effect, Tenant shall also be entitled to contract for such additional cleaning and/or maintenance services directly with such other contractors as Tenant desires (who shall employ union labor if Landlord’s janitorial cleaning contractor employs union labor) subject to the approval of such contractors in advance by Landlord as provided in Paragraph 6(A)(iv) above.
(vi) Such other extra utilities or services as Tenant may from time to time request, provided (a) the same are reasonable and feasible for Landlord to provide and do not involve material modifications or additions to the Property or existing Building systems or equipment, and (b) Landlord shall receive Tenant’s request reasonably in advance (all of which extra utilities or services provided under this Paragraph 6(B)(vi) are hereinafter referred to as “Extra Utilities and Services”). Tenant shall pay Landlord for such afterExtra Utilities and Services at a rate equal to Landlord’s actual out-hour HVACof-pocket costs for such Extra Utilities and Services. All charges under this Paragraph 6(B) shall be due at the same time as the installment of Net Rent with which the same are billed, or if billed separately, shall be billed at Landlord’s commercially reasonable standard rates);
due within thirty (d30) Maintaining and replacing non-Building Standard lamps, bulbs, starters and ballasts (whether days after such billing. Landlord may comply with written or not the light fixtures were installed by Landlord as part of the Tenant Improvements);
(e) Repair and maintenance oral requests for service which is the obligation of Tenant under this Lease;
(fParagraph 6(B) Repair, maintenance by an officer or janitorial service to the Leased Premises, the Common Areas or the Project parking area which is required as a result of the acts or omissions specifically authorized employee of Tenant, its agents, employees, contractors, invitees or licensees; and
(g) Any basic service in amounts determined by Landlord . Tenant shall be obligated to exceed the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service, but pay only if Landlord elects to provide such additional or excess service. For the purposes of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the Leased Premises to measure the amount of electricity and/or water consumed by Tenant therein. The cost of such installation and of such excess electricity and/or water (at the rates charged for such services by the local public utility) shall be paid by Tenant to Landlord upon receipt by Tenant of a ▇▇▇▇ ▇▇▇▇▇▇▇▇. The cost chargeable to Tenant for all extra services shall constitute Additional Rent and shall include a management fee payable to Landlord of ten percent (10%as it requests under this Paragraph 6(B). Additional Rent shall be paid monthly by Tenant to Landlord concurrently with the payment of Base Rent.
Appears in 1 contract
Sources: Office Lease (Hyatt Hotels Corp)
Extra Services. Landlord may provide Except as expressly set forth herein, Tenant shall have no right to Tenant at Tenant’s sole cost and expense (and subject to the limitations hereinafter set forth) the following extra servicesany services in excess of those provided herein; however:
(ai) Such extra cleaning Tenant expressly acknowledges that it may be necessary to install heating, ventilation and janitorial services requested by air conditioning (“HVAC”) units serving the Premises. If Tenant desires to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line (there are condenser water taps located on every floor in the janitor’s closet), ▇▇▇▇▇▇;
(b) Intentionally Omitted;
(c) Heating, ventilation, air conditioning or Extra Electrical Service, subject ’s right to the provisions of Section 4.2(g) hereof, provided by Landlord to Tenant (i) during hours other than the Building hours of operation specified in the rules and regulations for the Building adopted pursuant to Section 5.17so connect shall require Landlord’s prior written consent, which shall provide for Building hours of operation of 8:00 a.m. to 6:00 p.m., Monday through Friday (excluding holidays observed by the federal government), or (ii) on Saturdays, Sundays, or holidays, all said heating, ventilation, and air conditioning or extra electrical service to not be furnished solely upon the prior written request of Tenant submitted during business hours to Landlord at least 24 hours in advance of the time such service is needed, or pursuant to such other procedures (which may permit less than 24 hours notice) as unreasonably withheld but may be established conditioned in part upon Landlord determining there is adequate excess capacity from time to time by Landlord for the Building (time; any such after-hour HVAC, connection and use shall be billed at Landlord’s commercially reasonable standard rates);
(d) Maintaining and replacing non-Building Standard lamps, bulbs, starters and ballasts (whether or not the light fixtures were installed by Landlord as part of the Tenant Improvements);
(e) Repair and maintenance service which is the obligation of Tenant under this Lease;
(f) Repair, maintenance or janitorial service subject to the Leased Premises, the Common Areas or the Project parking area which is required as a result of the acts or omissions of Tenant, its agents, employees, contractors, invitees or licensees; and
(g) Any basic service in amounts determined by Landlord to exceed the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service, but only if Landlord elects to provide such additional or excess service. For the purposes of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the Leased Premises to measure the amount of electricity and/or water consumed pro-rata share and other reasonable restrictions imposed by Tenant therein. The cost of such installation and of such excess electricity and/or water (at the rates charged for such services by the local public utility) shall be paid by Tenant to Landlord upon receipt by Tenant of a ▇▇▇▇ ▇▇▇▇▇▇▇▇, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord. The cost chargeable Further, Tenant will be required to install (A) a circulation pump properly sized for the water supply between the supply and return condenser risers with sufficient ability to circulate condenser water through the cooling tower(s) and (B) a sub-meter measuring the electrical demand used with respect to the condenser water (and Tenant will be responsible for all extra services any such electrical charges); in no event will Landlord be obligated to allocate more than twelve (12) tons of capacity to any floor of the Premises.
(ii) Landlord shall constitute Additional Rent have the right to measure Tenant’s usage either for the Premises or for any specific use within the Premises (including without limitation Tenant’s information technology equipment and for “high density” and/or “high consumption” areas, described above) for electricity, water, gas, steam, or other utility usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. Any meter so installed may, at ▇▇▇▇▇▇▇▇’s option, be a “smart meter”. Except to the extent included in Operating Expenses, Tenant shall include pay the actual costs for the consumption shown on the meter plus any fee applicable to reading the meter, either directly to the third-party utility provider in the case of a management fee payable direct meter or to Landlord in the case of a check submeter or check meter, and Tenant shall provide a monthly report to Landlord of ten percent Tenant’s usage as measured by the meter. If the electricity costs for the Premises are included in Operating Expenses (10%). Additional Rent shall be and not paid monthly directly by Tenant or directly reimbursed to Landlord concurrently with by Tenant) and it is determined that Tenant is using electricity in such quantities or during such periods as to cause the payment total cost of Base RentTenant’s electrical usage, on a monthly, per rentable square foot basis, to exceed the Standard Electricity Allocation, Tenant shall pay Landlord as additional Rent the estimated cost of such excess electrical usage and, if applicable, for the cost of purchasing, installing and maintaining the measuring device(s); and
(iii) If Tenant uses any other services in an amount or for a period in excess of that provided for herein, then Landlord reserves the right to charge ▇▇▇▇▇▇ as additional Rent hereunder a reasonable sum as reimbursement for the cost of such added services, and to charge Tenant for the cost of any administrative time, additional equipment or facilities or modifications thereto which are necessary to provide the additional services, and/or to discontinue providing such excess services to Tenant.
Appears in 1 contract
Sources: Office Lease Agreement (Turo Inc.)
Extra Services. Except as expressly set forth herein, Tenant shall have no right to any services in excess of those provided herein; however:
(i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord. The charge for after hours HVAC service as of the Effective Date is $260 per hour per floor, and $65 per hour per zone. The charge for fans only as of the Effective Date is $80 per hour per floor, and $20 per hour per zone. All of the foregoing charges are subject to change by Landlord may provide during the Term;
(ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord;
(iii) Landlord shall have the right to measure Tenant’s electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per rentable square foot basis, to exceed the Standard Electricity Allocation, Tenant shall pay Landlord as additional Rent the estimated cost of such excess electrical usage and, if applicable, for the cost of purchasing, installing and maintaining the measuring device(s);
(iv) If Tenant installs or operates a server room or supplemental HVAC units or other forms of high-consumption equipment or areas, Landlord will have the right to install, at Tenant’s sole cost and expense (expense, a separate electrical meter to measure Tenant’s electrical consumption in such areas or from such equipment and subject to the limitations hereinafter set forth) the following extra services:
(a) Such extra cleaning and janitorial services requested by ▇▇▇▇▇▇;
(b) Intentionally Omitted;
(c) Heating, ventilation, air conditioning or Extra Electrical Service, subject to the provisions of Section 4.2(g) hereof, provided by require that Tenant pay Landlord to Tenant (i) during hours other than the Building hours of operation specified in the rules and regulations directly for the Building adopted pursuant to Section 5.17electricity consumed in such areas or by such equipment, which shall provide for Building hours on a monthly basis, within ten (10) days after the delivery of operation of 8:00 a.m. to 6:00 p.m., Monday through Friday (excluding holidays observed by the federal government), or (ii) on Saturdays, Sundays, or holidays, all said heating, ventilation, and air conditioning or extra electrical service to be furnished solely upon the prior written request of Tenant submitted during business hours to Landlord at least 24 hours in advance of the time such service is needed, or pursuant to such other procedures (which may permit less than 24 hours notice) as may be established an invoice from time to time by Landlord for the Building (such after-hour HVAC, shall be billed at Landlord’s commercially reasonable standard rates);
(d) Maintaining and replacing non-Building Standard lamps, bulbs, starters and ballasts (whether or not the light fixtures were installed by Landlord as part of the Tenant Improvements);
(e) Repair and maintenance service which is the obligation of Tenant under this Lease;
(f) Repair, maintenance or janitorial service to the Leased Premises, the Common Areas or the Project parking area which is required as a result of the acts or omissions of Tenant, its agents, employees, contractors, invitees or licensees; and
(gv) Any basic service if Tenant uses any other services in amounts determined by an amount or for a period in excess of that provided for herein, then Landlord reserves the right to exceed charge Tenant as additional Rent hereunder a reasonable sum as reimbursement for the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service, but only if Landlord elects to provide such additional or excess service. For the purposes of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the Leased Premises to measure the amount of electricity and/or water consumed by Tenant therein. The cost of such installation added services, and to charge Tenant for the cost of any administrative time, additional equipment or facilities or modifications thereto which are necessary to provide the additional services, and/or to discontinue providing such excess electricity and/or water (at the rates charged for such services by the local public utility) shall be paid by Tenant to Landlord upon receipt by Tenant of a ▇▇▇▇ ▇▇▇▇▇▇▇▇. The cost chargeable to Tenant for all extra services shall constitute Additional Rent and shall include a management fee payable to Landlord of ten percent (10%). Additional Rent shall be paid monthly by Tenant to Landlord concurrently with the payment of Base RentTenant.
Appears in 1 contract
Sources: Office Lease Agreement (Velti PLC)
Extra Services. Except as expressly set forth herein, Tenant shall have no right to any services in excess of those provided herein; however:
(i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord;
(ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord may provide having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord;
(iii) Landlord shall have the right to measure Tenant’s electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per rentable square foot basis, to exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord as additional Rent the estimated cost of such excess electrical usage and, if applicable, for the cost of purchasing, installing and maintaining the measuring device(s);
(iv) If Tenant installs or operates a server room or supplemental HVAC units or other forms of high-consumption equipment or areas, Landlord will have the right to install, at Tenant’s sole cost and expense expense, a separate electrical meter to measure Tenant’s electrical consumption in such areas or from such equipment and to require that Tenant pay Landlord directly for the electricity consumed in such areas or by such equipment, on a monthly basis, within ten (10) days after the delivery and subject to the limitations hereinafter set forth) the following extra services:an invoice from Landlord.
(av) Such extra cleaning and janitorial if Tenant uses any other services requested by ▇▇▇▇▇▇;
(b) Intentionally Omitted;
(c) Heatingin an amount or for a period in excess of that provided for herein, ventilation, air conditioning or Extra Electrical Service, subject then Landlord reserves the right to the provisions of Section 4.2(g) hereof, provided by Landlord to charge Tenant (i) during hours other than the Building hours of operation specified in the rules and regulations as additional Rent hereunder a reasonable sum as reimbursement for the Building adopted pursuant to Section 5.17, which shall provide for Building hours of operation of 8:00 a.m. to 6:00 p.m., Monday through Friday (excluding holidays observed by the federal government), or (ii) on Saturdays, Sundays, or holidays, all said heating, ventilation, and air conditioning or extra electrical service to be furnished solely upon the prior written request of Tenant submitted during business hours to Landlord at least 24 hours in advance of the time such service is needed, or pursuant to such other procedures (which may permit less than 24 hours notice) as may be established from time to time by Landlord for the Building (such after-hour HVAC, shall be billed at Landlord’s commercially reasonable standard rates);
(d) Maintaining and replacing non-Building Standard lamps, bulbs, starters and ballasts (whether or not the light fixtures were installed by Landlord as part of the Tenant Improvements);
(e) Repair and maintenance service which is the obligation of Tenant under this Lease;
(f) Repair, maintenance or janitorial service to the Leased Premises, the Common Areas or the Project parking area which is required as a result of the acts or omissions of Tenant, its agents, employees, contractors, invitees or licensees; and
(g) Any basic service in amounts determined by Landlord to exceed the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service, but only if Landlord elects to provide such additional or excess service. For the purposes of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the Leased Premises to measure the amount of electricity and/or water consumed by Tenant therein. The cost of such installation added service, and to charge Tenant for the cost of any administrative time, additional equipment or facilities or modifications thereto which are necessary to provide the additional services, and/or to discontinue providing such excess electricity and/or water (at the rates charged for such services by the local public utility) shall be paid by Tenant to Landlord upon receipt by Tenant of a ▇▇▇▇ ▇▇▇▇▇▇▇▇. The cost chargeable to Tenant for all extra services shall constitute Additional Rent and shall include a management fee payable to Landlord of ten percent (10%). Additional Rent shall be paid monthly by Tenant to Landlord concurrently with the payment of Base RentTenant.
Appears in 1 contract
Sources: Office Lease Agreement (Velti PLC)
Extra Services. Except as expressly set forth herein, Tenant shall have no right to any services in excess of those provided herein; however:
(i) Tenant shall have the right to receive HVAC service during hours other than building service hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord.
(ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord may provide having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord;
(iii) Landlord shall have the right to measure Tenant’s electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per rentable square foot basis, to exceed the Standard Electricity Allocation, Tenant shall pay Landlord as additional Rent the estimated cost of such excess electrical usage and, if applicable, for the cost of purchasing, installing and maintaining the measuring device(s);
(iv) If Tenant installs or operates a server room or supplemental HVAC units or other forms of high-consumption equipment or areas, Landlord will have the right to install, at Tenant’s sole cost and expense expense, a separate electrical meter to measure Tenant’s electrical consumption in such areas or from such equipment and to require that Tenant pay Landlord directly for the electricity consumed in such areas or by such equipment, on a monthly basis, within ten (and subject to 10) days after the limitations hereinafter set forth) the following extra services:delivery of an invoice from Landlord; and
(av) Such extra cleaning and janitorial if Tenant uses any other services requested by in an amount or for a period in excess of that provided for herein, then Landlord reserves the right to charge ▇▇▇▇▇▇;
(b) Intentionally Omitted;
(c) Heating, ventilation, air conditioning or Extra Electrical Service, subject to the provisions of Section 4.2(g) hereof, provided by Landlord to Tenant (i) during hours other than the Building hours of operation specified in the rules and regulations ▇ as additional Rent hereunder a reasonable sum as reimbursement for the Building adopted pursuant to Section 5.17, which shall provide for Building hours of operation of 8:00 a.m. to 6:00 p.m., Monday through Friday (excluding holidays observed by the federal government), or (ii) on Saturdays, Sundays, or holidays, all said heating, ventilation, and air conditioning or extra electrical service to be furnished solely upon the prior written request of Tenant submitted during business hours to Landlord at least 24 hours in advance of the time such service is needed, or pursuant to such other procedures (which may permit less than 24 hours notice) as may be established from time to time by Landlord for the Building (such after-hour HVAC, shall be billed at Landlord’s commercially reasonable standard rates);
(d) Maintaining and replacing non-Building Standard lamps, bulbs, starters and ballasts (whether or not the light fixtures were installed by Landlord as part of the Tenant Improvements);
(e) Repair and maintenance service which is the obligation of Tenant under this Lease;
(f) Repair, maintenance or janitorial service to the Leased Premises, the Common Areas or the Project parking area which is required as a result of the acts or omissions of Tenant, its agents, employees, contractors, invitees or licensees; and
(g) Any basic service in amounts determined by Landlord to exceed the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service, but only if Landlord elects to provide such additional or excess service. For the purposes of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the Leased Premises to measure the amount of electricity and/or water consumed by Tenant therein. The cost of such installation added services, and to charge Tenant for the cost of any administrative time, additional equipment or facilities or modifications thereto which are necessary to provide the additional services, and/or to discontinue providing such excess electricity and/or water (at the rates charged for such services by the local public utility) shall be paid by Tenant to Landlord upon receipt by Tenant of a ▇▇▇▇ ▇▇▇▇▇▇▇▇. The cost chargeable to Tenant for all extra services shall constitute Additional Rent and shall include a management fee payable to Landlord of ten percent (10%). Additional Rent shall be paid monthly by Tenant to Landlord concurrently with the payment of Base RentTenant.
Appears in 1 contract
Extra Services. Except as expressly set forth herein, Tenant shall have no right to any services in excess of those provided herein:
(i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord may provide (as of the Effective Date, Landlord’s charge for after hours HVAC is $189.00 per hour plus the cost of engineering (currently $75.00 per hour)). The foregoing charges are subject to change from time to time to the extent necessary to meet changes in Landlord’s cost of providing such service. Any such increased charge shall be based upon the actual cost of electricity consumed by the Building’s HVAC equipment and Landlord’s reasonable, good faith estimate of the cost of increased maintenance and wear and tear on the Building’s HVAC equipment plus such after-hours usage, and labor costs, if any, related to the provision of such after-hours HVAC service.
(ii) if Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop, such permission shall be conditioned upon Landlord having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord;
(iii) Landlord shall have the right to measure Tenant’s electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per rentable square foot basis, to exceed that which Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord as additional Rent the estimated cost of such excess electrical usage and, if applicable, for the cost of purchasing, installing and maintaining the measuring device(s);
(iv) If Tenant installs or operates a server room or supplemental HVAC units or other forms of high-consumption equipment or areas, Landlord will have the right to install, at Tenant’s sole cost and expense (expense, a separate electrical meter to measure Tenant’s electrical consumption in such areas or from such equipment and subject to the limitations hereinafter set forth) the following extra services:
(a) Such extra cleaning and janitorial services requested by ▇▇▇▇▇▇;
(b) Intentionally Omitted;
(c) Heating, ventilation, air conditioning or Extra Electrical Service, subject to the provisions of Section 4.2(g) hereof, provided by require that Tenant pay Landlord to Tenant (i) during hours other than the Building hours of operation specified in the rules and regulations directly for the Building adopted pursuant to Section 5.17electricity consumed in such areas or by such equipment, which shall provide for Building hours of operation of 8:00 a.m. to 6:00 p.m.on a monthly basis, Monday through Friday within ten (excluding holidays observed by 10) days after the federal government), or (ii) on Saturdays, Sundays, or holidays, all said heating, ventilation, delivery and air conditioning or extra electrical service to be furnished solely upon the prior written request of Tenant submitted during business hours to an invoice from Landlord at least 24 hours in advance of the time such service is needed, or pursuant to such other procedures (which may permit less than 24 hours notice) as may be established from time to time by Landlord for the Building (such after-hour HVAC, shall be billed at Landlord’s commercially reasonable standard rates);
(d) Maintaining and replacing non-Building Standard lamps, bulbs, starters and ballasts (whether or not the light fixtures were installed by Landlord as part of the Tenant Improvements);
(e) Repair and maintenance service which is the obligation of Tenant under this Lease;
(f) Repair, maintenance or janitorial service to the Leased Premises, the Common Areas or the Project parking area which is required as a result of the acts or omissions of Tenant, its agents, employees, contractors, invitees or licensees; and
(g) Any basic service in amounts determined by Landlord to exceed the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service, but only if Landlord elects to provide such additional or excess service. For the purposes of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the Leased Premises to measure the amount of electricity and/or water consumed by Tenant therein. The cost of such installation and of such excess electricity and/or water (at the rates charged for such services to Landlord by the local public utilityelectric company, without markup.
(v) shall be paid by if Tenant uses any other services in an amount or for a period in excess of that provided for herein, then Landlord reserves the right to Landlord upon receipt by charge Tenant as additional Rent hereunder a reasonable sum as reimbursement for the cost of a ▇▇▇▇ ▇▇▇▇▇▇▇▇. The cost chargeable such added services, and to charge Tenant for all extra the cost of any administrative time, additional equipment or facilities or modifications thereto which are necessary to provide the additional services, and/or to discontinue providing such excess services shall constitute Additional Rent and shall include a management fee payable to Landlord of ten percent (10%). Additional Rent shall be paid monthly by Tenant to Landlord concurrently with the payment of Base RentTenant.
Appears in 1 contract
Extra Services. Landlord may shall provide to Tenant at Tenant’s sole cost and expense at standard Building charges in effect from time to time (which, in the case of services described in subparagraphs (a), (b) and (e) below shall be reimbursed by Tenant without profit to the Landlord, and which in all cases shall be reasonably consistent with amounts charged by Landlords of other first class office buildings in the City of Boston providing such extra services) and subject to the limitations hereinafter set forth) , the following extra servicesfollowing:
(a) Such extra cleaning and janitorial services requested by ▇▇▇▇▇▇;
(b) Intentionally Omitted;
(c) Heating, ventilation, air conditioning or Extra Electrical Service, subject to the provisions of Section 4.2(g) hereof, extra service provided by Landlord to Tenant (i) during hours other than the Building hours of operation specified in the rules and regulations for the Building adopted pursuant to Section 5.17, which shall provide for Building hours of operation of 8:00 a.m. to 6:00 p.m., Monday through Friday (excluding holidays observed by the federal government)Business Hours, or (ii) on Saturdaysdays other than Business Days, Sundays, or holidays, all said heating, ventilation, ventilation and air conditioning or extra electrical service to be furnished solely upon the prior written request of Tenant submitted during business hours given with such advance notice as Landlord may reasonably require (but not exceeding one (1) Business Day);
(b) Additional air conditioning and ventilating capacity or chilled and/or condenser water required by reason of any electrical, data processing or other equipment or facilities or services required to Landlord at least 24 hours support the same, in advance excess of that which would be required for Building Standard Improvements;
(c) Repair and maintenance which is the time obligation of Tenant hereunder;
(d) Additional cleaning and janitorial services if the quality, quantity or use of Tenant Extra Improvements are not consistent with Building Standard Improvements and require more service;
(e) Additional electricity above the standards specified in Section 3.01(a)(v), in which case Tenant shall pay to Landlord, as Additional Rent, the costs of such service additional electricity usage based either on a separate meter or meters measuring such electrical consumption or (if such space is needed, or pursuant to such other procedures (which may permit less than 24 hours noticenot separately metered) as may be established on the reasonable determination from time to time by Landlord Landlord’s engineer (or, if Tenant so requests, at Tenant’s expense by an independent engineer reasonably acceptable to the parties) as to the level of electrical consumption in the Leased Premises. Tenant shall be responsible for the Building (costs of installing such after-hour HVAC, meters and all electrical equipment reasonably required for such additional electricity usage. All work necessary for such installation shall be billed at Landlord’s commercially reasonable standard ratesdone in accordance with the requirements of Section 4.06 (regarding Tenant Improvements);.
(df) Maintaining Maintenance and replacing non-Building Standard replacement of initial lamps, bulbs, starters and ballasts (whether or not the light fixtures were installed by Landlord as part of the Tenant Improvements)ballasts;
(e) Repair and maintenance service which is the obligation of Tenant under this Lease;
(f) Repair, maintenance or janitorial service to the Leased Premises, the Common Areas or the Project parking area which is required as a result of the acts or omissions of Tenant, its agents, employees, contractors, invitees or licensees; and
(g) Any basic service Basic Service in amounts determined by Landlord to exceed the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service3.01(a), but only if Landlord elects to provide such additional or excess service. For the purposes of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the Leased Premises to measure the amount of electricity and/or water consumed by Tenant therein. The cost of such installation and of such excess electricity and/or water (at the rates charged for such services by the local public utility) shall be paid by Tenant to Landlord upon receipt by Tenant of a ▇▇▇▇ ▇▇▇▇▇▇▇▇. The cost chargeable to Tenant for all extra services shall constitute Additional Rent Rent. If the same extra service is provided to Tenant and other tenants (such as regularly scheduled, above-standard cleaning services), Tenant’s share shall equal the total cost thereof multiplied by the quotient of the Net Rentable Area of the Leased Premises over the total Net Rentable Areas of all areas to which such extra service is provided. Landlord may include a management fee payable to Landlord of ten percent (10%). Additional Rent shall be paid monthly by Tenant to Landlord concurrently with the payment of Base Rent.estimated monthly
Appears in 1 contract
Sources: Lease (Houghton Mifflin Co)
Extra Services. Landlord may provide Except as expressly set forth herein, Tenant shall have no right to Tenant at Tenant’s sole cost and expense (and subject to the limitations hereinafter set forth) the following extra servicesany services in excess of those provided herein; however:
(ai) Such extra cleaning Tenant expressly acknowledges that it may be necessary to install heating, ventilation and janitorial services requested by ▇▇▇▇▇▇;
(b) Intentionally Omitted;
(c) Heating, ventilation, air conditioning or Extra Electrical Service, subject (“HVAC”) units serving the Premises. If Tenant desires to connect any supplemental HVAC units to the provisions of Section 4.2(g) hereof, provided by Landlord to Tenant Building’s condenser water loop or chilled water line (i) during hours other than the Building hours of operation specified there are condenser water taps located on every floor in the rules and regulations for the Building adopted pursuant janitor’s closet), Tenant’s right to Section 5.17so connect shall require Landlord’s prior written consent, which shall provide not be unreasonably withheld but may be conditioned in part upon Landlord determining there is adequate excess capacity from time to time; any such connection and use shall be subject to Tenant’s pro-rata share and other reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord. Further, Tenant will be required to install (A) a circulation pump properly sized for Building hours the water supply between the supply and return condenser risers with sufficient ability to circulate condenser water through the cooling tower(s) and (B) a sub-meter measuring the electrical demand used with respect to the condenser water (and Tenant will be responsible for any such electrical charges); in no event will Landlord be obligated to allocate more than twelve (12) tons of operation capacity to any floor of 8:00 a.m. to 6:00 p.m., Monday through Friday (excluding holidays observed by the federal government), or Premises.
(ii) on SaturdaysLandlord shall have the right to measure Tenant’s usage either for the Premises or for any specific use within the Premises (including without limitation Tenant’s information technology equipment and for “high density” and/or “high consumption” areas, Sundaysdescribed above) for electricity, water, gas, steam, or holidaysother utility usage by commonly accepted methods, all said heatingincluding the installation of measuring devices such as submeters and check meters. Any meter so installed may, ventilation, and air conditioning or extra electrical service to be furnished solely upon the prior written request of Tenant submitted during business hours to Landlord at least 24 hours in advance of the time such service is needed, or pursuant to such other procedures (which may permit less than 24 hours notice) as may be established from time to time by Landlord for the Building (such after-hour HVAC, shall be billed at Landlord’s commercially reasonable standard rates);
option, be a “smart meter”. Except to the extent included in Operating Expenses, Tenant shall pay the actual costs for the consumption shown on the meter plus any fee applicable to reading the meter, either directly to the third-party utility provider in the case of a direct meter or to Landlord in the case of a check submeter or check meter, and Tenant shall provide a monthly report to Landlord of Tenant’s usage as measured by the meter. If the electricity costs for the Premises are included in Operating Expenses (dand not paid directly by Tenant or directly reimbursed to Landlord by Tenant) Maintaining and replacing non-Building it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per rentable square foot basis, to exceed the Standard lampsElectricity Allocation, bulbs, starters and ballasts (whether or not the light fixtures were installed by Tenant shall pay Landlord as part additional Rent the estimated cost of such excess electrical usage and, if applicable, for the Tenant Improvementscost of purchasing, installing and maintaining the measuring device(s);
(e) Repair and maintenance service which is the obligation of Tenant under this Lease;
(f) Repair, maintenance or janitorial service to the Leased Premises, the Common Areas or the Project parking area which is required as a result of the acts or omissions of Tenant, its agents, employees, contractors, invitees or licensees; and
(giii) Any basic service If Tenant uses any other services in amounts determined by an amount or for a period in excess of that provided for herein, then Landlord reserves the right to exceed charge Tenant as additional Rent hereunder a reasonable sum as reimbursement for the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service, but only if Landlord elects to provide such additional or excess service. For the purposes of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the Leased Premises to measure the amount of electricity and/or water consumed by Tenant therein. The cost of such installation added services, and to charge Tenant for the cost of any administrative time, additional equipment or facilities or modifications thereto which are necessary to provide the additional services, and/or to discontinue providing such excess electricity and/or water (at the rates charged for such services by the local public utility) shall be paid by Tenant to Landlord upon receipt by Tenant of a ▇▇▇▇ ▇▇▇▇▇▇▇▇. The cost chargeable to Tenant for all extra services shall constitute Additional Rent and shall include a management fee payable to Landlord of ten percent (10%). Additional Rent shall be paid monthly by Tenant to Landlord concurrently with the payment of Base RentTenant.
Appears in 1 contract
Sources: Office Lease Agreement (Turo Inc.)
Extra Services. Except as expressly set forth herein, Tenant shall have no right to any services in excess of those provided herein; however:
(i) Tenant shall have the right to receive HVAC service during hours other than Building Service Hours by paying Landlord’s then-standard charge for additional HVAC service and providing such prior notice as is reasonably specified by Landlord. Landlord’s current standard charge for after hours HVAC service is as follows: $75.00 per hour for fans only, $105.00 per hour (plus engineering and labor costs, if any) for heating and $170.00 per hour (plus engineering and labor costs, if any) for cooling, with a minimum of four (4) hours in each case. The foregoing charges are subject to change from time to time to the extent necessary to meet changes in Landlord’s cost of providing such service. Any such increased charge shall be based upon the actual cost of electricity consumed by the Building’s HVAC equipment and Landlord’s reasonable, good faith estimate of the cost of increased maintenance and wear and tear on the Building’s HVAC equipment plus such after-hours usage, and labor costs, if any, related to the provision of such after-hours HVAC service.
(ii) If Tenant is permitted to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line, such permission shall be conditioned upon Landlord may provide having adequate excess capacity from time to time and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a connection fee and/or a monthly usage fee, as reasonably determined by Landlord. Notwithstanding the foregoing to the contrary, Landlord will make available for Tenant’s use a condenser water riser connecting with the Building’s rooftop cooling tower connected to one (1) floor of the Premises selected by Tenant in order to service Tenant’s supplemental HVAC unit(s), with the capacity of ten (10) tons. Such condenser water will be made available to Tenant at no additional cost, except that Tenant will bear the cost of tapping into the Building’s condenser water loop, and of any electrical consumption associated with the operation of any such supplemental HVAC unit, as described in Section 12(b)(iv) below.
(iii) Landlord shall have the right to measure Tenant’s electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant’s electrical usage for the Premises exceeds, in any calendar month, the product of one and two-tenths (1.20) kilowatt hours multiplied by the number of rentable square feet of area in the Premises (other than any areas described in clause (iv) below, which will be separately metered) (the “Electrical Allowance”), Tenant shall pay Landlord as additional Rent the estimated cost of such excess electrical usage and, if Tenant’s electrical usage exceeds the Electrical Allowance more than three times in any calendar year, then Tenant shall also reimburse Landlord for the cost of purchasing, installing, operating and maintaining the measuring device(s);
(iv) If Tenant installs or operates a server room or other form of high consumption area, Landlord will require that Tenant, at Tenant’s sole cost and expense (and subject to the limitations hereinafter set forth) the following extra services:
(a) Such extra cleaning and janitorial services requested by ▇▇▇▇▇▇;
(b) Intentionally Omitted;
(c) Heatingexpense, ventilation, air conditioning or Extra Electrical Service, subject to the provisions of Section 4.2(g) hereof, provided by Landlord to Tenant (i) during hours other than the Building hours of operation specified in the rules and regulations for the Building adopted pursuant to Section 5.17, which shall provide for Building hours of operation of 8:00 a.m. to 6:00 p.m., Monday through Friday (excluding holidays observed by the federal government), or (ii) on Saturdays, Sundays, or holidays, all said heating, ventilation, and air conditioning or extra electrical service to be furnished solely upon the prior written request of Tenant submitted during business hours to Landlord at least 24 hours in advance of the time such service is needed, or pursuant to such other procedures (which may permit less than 24 hours notice) as may be established from time to time by Landlord for the Building (such after-hour HVAC, shall be billed at Landlord’s commercially reasonable standard rates);
(d) Maintaining and replacing non-Building Standard lamps, bulbs, starters and ballasts (whether or not the light fixtures were installed by Landlord as part of the Tenant Improvements);
(e) Repair and maintenance service which is the obligation of Tenant under this Lease;
(f) Repair, maintenance or janitorial service to the Leased Premises, the Common Areas or the Project parking area which is required as a result of the acts or omissions of Tenant, its agents, employees, contractors, invitees or licensees; and
(g) Any basic service in amounts determined by Landlord to exceed the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service, but only if Landlord elects to provide such additional or excess service. For the purposes of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the Leased Premises electrical meter to measure Tenant’s electrical consumption in such area(s); if Landlord determines, on the amount basis of the readings of electrical consumption from such meter, that Tenant’s electrical consumption in such area(s) exceed the Electrical Allowance, Tenant will pay to Landlord directly for the cost of electricity and/or water consumed in such areas or by such equipment in excess of the Electrical Allowance, on a monthly basis, within thirty (30) days after the delivery of an invoice from Landlord.
(v) If Tenant therein. The uses any other services in an amount or for a period in excess of that provided for herein, then Landlord reserves the right to charge Tenant as additional Rent hereunder a reasonable sum as reimbursement for the cost of such installation added services, and to charge Tenant for the cost of any administrative time, additional equipment or facilities or modifications thereto which are necessary to provide the additional services, and/or to discontinue providing such excess electricity and/or water (at the rates charged for such services by the local public utility) shall be paid by Tenant to Landlord upon receipt by Tenant of a ▇▇▇▇ ▇▇▇▇▇▇▇▇. The cost chargeable to Tenant for all extra services shall constitute Additional Rent and shall include a management fee payable to Landlord of ten percent (10%). Additional Rent shall be paid monthly by Tenant to Landlord concurrently with the payment of Base RentTenant.
Appears in 1 contract
Extra Services. Landlord may provide to Tenant in Landlord’s discretion and at Tenant▇▇▇▇▇▇’s sole cost and expense (and subject to the limitations hereinafter set forth) the additional services described below (“Extra Services”). Tenant shall pay Landlord for the cost (including capital costs, out-of-pocket expenses and the allocated cost of Landlord’s employees) of providing any Extra Services, together with an administrative fee equal to ten percent (10%) of such cost, within thirty (30) days following presentation of an invoice therefor by Landlord to Tenant. Landlord shall not charge the administrative fee on the cost of extra services:janitorial services that are provided under a separate contract between Tenant and the janitorial service. The cost chargeable to Tenant for Extra Services shall constitute Rent.
(a) Such Any extra cleaning and janitorial services requested by ▇▇▇▇▇▇;Tenant or required for the Tenant Improvements, in excess of that required for Building Standard Improvements; provided that Tenant may contract separately with Landlord’s janitorial provider for extra janitorial services at Tenant’s expense.
(b) Intentionally Omitted;Additional air conditioning and ventilating capacity required by reason of any electrical, data processing or other equipment or facilities or services required to support the same, in excess of that which would be required for Building Standard Improvements.
(c) Heating, ventilation, air conditioning or Extra Electrical Service, subject to the provisions of Section 4.2(g) hereof, provided by Landlord to Tenant (i) extra electrical equipment or service during hours other than the Building hours of operation specified in the rules and regulations for the Building adopted pursuant to Section 5.17, which Normal Office Hours. Landlord shall provide for Building hours of operation of 8:00 a.m. to 6:00 p.m., Monday through Friday (excluding holidays observed by the federal government), or (ii) on Saturdays, Sundays, or holidays, all said heating, ventilation, ventilation and air conditioning or extra electrical service to be furnished solely upon the prior written request of Tenant submitted during business hours to given in compliance with the notice requirements and procedures that Landlord at least 24 hours in advance of the time such service is needed, or pursuant to such other procedures (which may permit less than 24 hours notice) as may be established establish from time to time time. Tenant shall pay the hourly rate established by Landlord but shall not be required to pay an administrative fee for the Building (such after-hour HVAC, shall be billed at Landlord’s commercially reasonable standard rates);hours HVAC or electricity.
(d) Maintaining Repair and replacing non-Building Standard lamps, bulbs, starters and ballasts (whether or not the light fixtures were installed by Landlord as part of the Tenant Improvements);maintenance for which ▇▇▇▇▇▇ is responsible hereunder.
(e) Repair and maintenance service which is the obligation of Tenant under this Lease;
(f) Repair, maintenance or janitorial service to the Leased Premises, the Common Areas or the Project parking area which is required as a result of the acts or omissions of Tenant, its agents, employees, contractors, invitees or licensees; and
(g) Any basic service Basic Service in amounts reasonably determined by Landlord to exceed the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service5.1, but only if Landlord elects to provide such additional or excess service. For the purposes .
(f) Any other item described in this Lease as an Extra Service or which Landlord is not required to provide as part of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the Leased Premises to measure the amount of electricity and/or water consumed by Tenant therein. The cost of such installation and of such excess electricity and/or water (at the rates charged for such services by the local public utility) shall be paid by Tenant to Landlord upon receipt by Tenant of a ▇▇▇▇ ▇▇▇▇▇▇▇▇. The cost chargeable to Tenant for all extra services shall constitute Additional Rent and shall include a management fee payable to Landlord of ten percent (10%). Additional Rent shall be paid monthly by Tenant to Landlord concurrently with the payment of Base RentBasic Services.
Appears in 1 contract
Extra Services. Landlord may shall provide to Tenant at Tenant’s sole cost and expense at standard Building charges in effect from time to time (and subject to the limitations hereinafter set forth) the following extra servicesfollowing:
(a) Such extra cleaning and janitorial services requested by ▇▇▇▇▇▇;
(b) Intentionally Omitted;
(c) Heating, ventilation, air conditioning or Extra Electrical Service, subject to the provisions of Section 4.2(g) hereof, provided by Landlord to Tenant extra service (i) during hours other than the Building hours of operation specified in the rules Business Hours, and regulations for the Building adopted pursuant to Section 5.17, which shall provide for Building hours of operation of 8:00 a.m. to 6:00 p.m., Monday through Friday (excluding holidays observed by the federal government), or (ii) on Saturdaysdays other than Business Days, Sundays, or holidays, all said heating, ventilation, ventilation and air conditioning or extra electrical service to be furnished solely upon the prior written request of Tenant submitted during business hours given with such advance notice as Landlord may reasonably require;
(b) Additional air conditioning and ventilating capacity or chilled and/or condenser water required by reason of any electrical, data processing or other equipment or facilities or services required to Landlord at least 24 hours support the same, to the extent in advance excess of that which would be required for Building Standard Improvements;
(c) Repair and maintenance which is the time such service is neededobligation of Tenant hereunder, or pursuant to such other procedures (which may permit less than 24 hours notice) as may be established from time to time if so requested by Landlord for the Building (such after-hour HVAC, shall be billed at Landlord’s commercially reasonable standard rates)Tenant;
(d) Maintaining Additional cleaning and replacing nonjanitorial services to the extent that the quality, quantity, or scope of such services exceeds the building-Building Standard standard level of services provided to tenants of the Office Section generally.
(e) Additional electricity above the standards specified in the parenthetical in Section 3.01(a)(v), in which case Tenant shall pay to Landlord, as Additional Rent, the costs of such additional electricity usage (at then applicable utility company rates) based either on a separate meter or meters measuring such electrical consumption or on a reasonable determination by Landlord’s engineer as to the level of electrical consumption in the Leased Premises, which determination shall be conclusive and binding on the parties. Tenant shall be responsible for the costs of installing such meters and all electrical equipment reasonably required for such additional electricity usage. All work necessary for such installation shall be done in accordance with the requirements of Section 4.02 (regarding Tenant Improvements).
(f) Maintenance and replacement of initial lamps, bulbs, starters and ballasts (whether or not the light fixtures were installed by Landlord as part of the Tenant Improvements)ballasts;
(e) Repair and maintenance service which is the obligation of Tenant under this Lease;
(f) Repair, maintenance or janitorial service to the Leased Premises, the Common Areas or the Project parking area which is required as a result of the acts or omissions of Tenant, its agents, employees, contractors, invitees or licensees; and
(g) Any basic service Basic Service in amounts reasonably determined by Landlord to exceed the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service, but only if Landlord elects to provide such additional or excess service. For the purposes of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the Leased Premises to measure the amount of electricity and/or water consumed by Tenant therein. The cost of such installation and of such excess electricity and/or water (at the rates charged for such services by the local public utility) shall be paid by Tenant to Landlord upon receipt by Tenant of a ▇▇▇▇ ▇▇▇▇▇▇▇▇. The cost chargeable to Tenant for all extra services shall constitute Additional Rent and shall include a management fee payable to Landlord of ten percent (10%3.01(a). Additional Rent shall be paid monthly by Tenant to Landlord concurrently with the payment of Base Rent.
Appears in 1 contract
Sources: Lease (NewStar Financial, Inc.)
Extra Services. Landlord may shall provide to Tenant Tenant, subject to capacity limitations and the needs of other tenants, and at Tenant’s sole 's cost and expense (and subject to the other limitations hereinafter set forth) the additional services described below ("Extra Services"). Tenant shall pay Landlord for the cost (including capital costs, out-of-pocket expenses and the allocated cost of Landlord's employees) of providing any Extra Services, together with an administrative fee equal to fifteen percent (15%) of such cost, within ten (10) days following extra services:presentation of an invoice therefor by Landlord to Tenant. Landlord shall credit the administrative fee collected from Tenant on a line- item basis against Operating Costs if such fee is charged in connection with an item that would otherwise be included within Operating Costs. The cost chargeable to Tenant for Extra Services shall constitute additional Rent.
(a) Such Any extra cleaning and janitorial services requested by ▇▇▇▇▇▇;in excess of that required for Building Standard Improvements. Landlord shall, upon reasonable advance notice, arrange for weekend janitorial service on terms acceptable to the service provider, Tenant and Landlord.
(b) Intentionally Omitted;Additional air conditioning and ventilating capacity (24 hours a day, seven days a week, 365 days a year) required by reason of any electrical, data processing or other equipment or facilities or services required to support the same, in excess of that which would be required for Building Standard Improvements.
(c) Heating, ventilation, air conditioning or Extra Electrical Service, subject to the provisions of Section 4.2(g) hereof, provided by Landlord to Tenant (i) extra electrical equipment or service during hours other than the Building Normal Office Hours up to 24 hours of operation specified in the rules and regulations for the Building adopted pursuant to Section 5.17a day, which seven days a week, 365 days a year. Landlord shall provide for Building hours of operation of 8:00 a.m. to 6:00 p.m., Monday through Friday (excluding holidays observed by the federal government), or (ii) on Saturdays, Sundays, or holidays, all said heating, ventilation, ventilation and air conditioning or extra electrical service to be furnished solely upon the prior written request of Tenant submitted during business hours to given in compliance with the notice requirements and procedures that Landlord at least 24 hours in advance of the time such service is needed, or pursuant to such other procedures (which may permit less than 24 hours notice) as may be established establish from time to time by Landlord for the Building (such after-hour HVAC, shall be billed at Landlord’s commercially reasonable standard rates);time.
(d) Maintaining Repair and replacing non-Building Standard lamps, bulbs, starters and ballasts (whether or not the light fixtures were installed by Landlord as part of the Tenant Improvements);maintenance for which ▇▇▇▇▇▇ is responsible hereunder.
(e) Repair and maintenance service which is the obligation of Tenant under this Lease;
(f) Repair, maintenance or janitorial service to the Leased Premises, the Common Areas or the Project parking area which is required as a result of the acts or omissions of Tenant, its agents, employees, contractors, invitees or licensees; and
(g) Any basic service Basic Service in amounts reasonably determined by Landlord to exceed the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service5.1, but only if ----------- Landlord elects to provide such additional or excess service. For the purposes .
(f) Any other item described in this Lease as an Extra Service or which Landlord is not required to provide as part of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the Leased Premises to measure the amount of electricity and/or water consumed by Tenant therein. The cost of such installation and of such excess electricity and/or water (at the rates charged for such services by the local public utility) shall be paid by Tenant to Landlord upon receipt by Tenant of a ▇▇▇▇ ▇▇▇▇▇▇▇▇. The cost chargeable to Tenant for all extra services shall constitute Additional Rent and shall include a management fee payable to Landlord of ten percent (10%). Additional Rent shall be paid monthly by Tenant to Landlord concurrently with the payment of Base RentBasic Services.
Appears in 1 contract
Extra Services. Landlord may shall provide to Tenant at Tenant’s sole cost and expense at standard Building charges in effect from time to time (which, in the case of services described in subparagraph (e) below shall be at Landlord’s actual cost and in the case of each of the other subparagraphs below at Landlord’s actual cost plus Landlord’s prevailing, reasonable administrative charges) and subject to the limitations hereinafter set forth) , the following extra servicesfollowing:
(a) Such extra cleaning and janitorial services requested by ▇▇▇▇▇▇;
(b) Intentionally Omitted;
(c) Heating, ventilation, air conditioning or Extra Electrical Service, subject to the provisions of Section 4.2(g) hereof, extra service provided by Landlord to Tenant (i) during hours other than the Building hours of operation specified in the rules and regulations for the Building adopted pursuant to Section 5.17Business Hours, which shall provide for Building hours of operation of 8:00 a.m. to 6:00 p.m., Monday through Friday (excluding holidays observed by the federal government), or (ii) on Saturdaysdays other than Business Days, Sundays, or holidays, all said heating, ventilation, ventilation and air conditioning or extra electrical service to be furnished solely upon the prior written request of Tenant submitted during business hours to given with such advance notice as Landlord at least 24 hours may reasonably require in advance a manner consistent with the standard of the time such service is needed, or pursuant to such other procedures operating first-class high-rise office towers in downtown Boston (which may permit less than 24 is currently before 2:00 p.m. on any Business Day for after-hours notice) as may be established from time to time by Landlord HVAC service on such day and before 2:00 p.m. on Friday for after-hours HVAC service for the weekend);
(b) Additional air conditioning and ventilating capacity or chilled and/or condenser water required by reason of any electrical, data processing or other equipment or facilities or services required to support the same, in excess of that which would be required for Building Standard Improvements;
(such after-hour HVAC, shall be billed at Landlord’s commercially reasonable standard rates)c) Repair and maintenance which is the obligation of Tenant hereunder;
(d) Maintaining Additional cleaning and replacing non-janitorial services required if the quality, quantity or use of Tenant Extra Improvements are not consistent with Building Standard Improvements and require more service;
(e) Additional electricity above the standards specified in Sections 3.01(b)(v) and (vi), in which case Tenant, at Tenant’s option, shall either (i) install, at its sole cost and expense, a separate meter or meters for its electrical consumption, and all work necessary for such installation shall be done in accordance with the requirements of Section 4.02 (regarding Tenant Improvements), or (ii) agree to pay to Landlord all additional costs associated with such additional electrical service, based on a determination by Landlord’s engineer as to the level of electrical consumption in the Leased Premises, which determination shall be conclusive and binding on the parties;
(f) Maintenance and replacement of initial lamps, bulbs, starters and ballasts (whether or not the light fixtures were installed by Landlord as part of the Tenant Improvements)ballasts;
(e) Repair and maintenance service which is the obligation of Tenant under this Lease;
(f) Repair, maintenance or janitorial service to the Leased Premises, the Common Areas or the Project parking area which is required as a result of the acts or omissions of Tenant, its agents, employees, contractors, invitees or licensees; and
(g) Any basic service Basic Service in amounts reasonably determined by Landlord to exceed the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service3.01(b), but only if Landlord elects to provide such additional or excess service. For the purposes of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the Leased Premises to measure the amount of electricity and/or water consumed by Tenant therein. The cost of such installation and of such excess electricity and/or water (at the rates charged for such services by the local public utility) shall be paid by Tenant to Landlord upon receipt by Tenant of a ▇▇▇▇ ▇▇▇▇▇▇▇▇. The cost chargeable to Tenant for all extra services shall constitute Additional Rent and shall include a management fee payable to Landlord of ten percent (10%). Additional Rent shall be paid monthly by Tenant to Landlord concurrently with the payment of Base Rent.
Appears in 1 contract
Extra Services. Except as expressly set forth herein, Tenant shall have no right to receive from Landlord any services in excess of those provided herein; however:
(i) If Tenant requests to receive HVAC service during hours other than Building Service Hours, Tenant will be required to pay Landlord’s then standard charge for additional HVAC service and to provide such prior notice as is reasonably specified by Landlord. As of the Effective Date, Landlord’s current charge for after-hours HVAC is $135.00 per hour, per floor and for after-hours “fans only” service is $55.00 per hour, per floor; such charges are subject to change from time to time during the Term. With Landlord’s consent, Tenant may provide also install additional heat pumps within and serving the Premises in accordance with the provisions of Article 21, provided that Landlord shall have the right to require that Tenant remove some or all of such heat pumps at the expiration or sooner termination of this Lease.
(ii) Tenant shall have the right, subject to Landlord’s approval of Tenant’s plans and specifications therefore to install within the Premises supplemental HVAC units and equipment for Tenant’s Signal Group and separate supplemental HVAC units and equipment for Tenant’s server room. If Tenant desires to connect any supplemental HVAC units to the Building’s condenser water loop or chilled water line (there are condenser water taps located on every floor in the janitor’s closet), Tenant’s right to so connect shall be conditioned upon Landlord having adequate excess capacity from time to time as reasonably determined by Landlord (Landlord represents that the Building has up to a maximum of eleven (11) tons of condenser water capacity which may be allocated to serve Tenant’s supplemental units on the eighth (8th) floor) and such connection and use shall be subject to Landlord’s reasonable approval and reasonable restrictions imposed by Landlord, and Landlord shall have the right to charge Tenant a reasonable one-time connection fee and/or a monthly usage fee, as reasonably determined by Landlord; notwithstanding the foregoing, Landlord hereby agrees that Landlord will waive its right to charge Tenant a connection fee or a monthly usage fee in connection with Tenant’s use of condenser water (up to the maximum tonnage described above) during the Term. Further, in such event Tenant will be required to install (A) a circulation pump properly sized for the water supply between the supply and return condenser risers with sufficient ability to circulate condenser water through the cooling tower(s) and (B) a sub-meter measuring the electrical demand used with respect to the condenser water (and Tenant will be responsible for any such electrical charges);
(iii) Upon not less than ten (10) days’ prior written notice to Tenant, Landlord shall have the right to measure Tenant’s usage either for the Premises or for any specific use within the Premises (including without limitation Tenant’s information technology equipment) for electricity, water, gas, steam, or other utility usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. Any meter so installed may, at Landlord’s option, be a “smart meter”. If as the result of the installation of such meters it is determined that Tenant is using electricity in such quantities or during such periods as to cause the total cost of Tenant’s electrical usage, on a monthly, per rentable square foot basis, to exceed the Standard Electricity Allocation by more than three percent (3%), Tenant shall pay Landlord as additional Rent the estimated cost of such excess electrical usage and, if applicable, for the cost of purchasing, installing and maintaining the measuring device(s);
(iv) If Tenant installs or operates a server room or supplemental HVAC units or other forms of high-consumption equipment or areas, Landlord will have the right to install, at Tenant’s sole cost and expense (and subject expense, a separate electrical meter to measure Tenant’s electrical consumption in such areas or from such equipment and, if the limitations hereinafter set forth) consumption of electricity such high-consumption areas exceeds the following extra services:
(a) Such extra cleaning and janitorial services requested by ▇▇▇▇▇▇;
(b) Intentionally Omitted;
(c) HeatingStandard Electricity Allocation as applicable to such areas, ventilation, air conditioning or Extra Electrical Service, subject to the provisions of Section 4.2(g) hereof, provided by require that Tenant pay Landlord to Tenant (i) during hours other than the Building hours of operation specified in the rules and regulations directly for the Building adopted pursuant to Section 5.17electricity consumed in such areas or by such equipment, which shall provide for Building hours on a monthly basis, within thirty (30) days after the delivery of operation of 8:00 a.m. to 6:00 p.m., Monday through Friday (excluding holidays observed by the federal government), or (ii) on Saturdays, Sundays, or holidays, all said heating, ventilation, and air conditioning or extra electrical service to be furnished solely upon the prior written request of Tenant submitted during business hours to Landlord at least 24 hours in advance of the time such service is needed, or pursuant to such other procedures (which may permit less than 24 hours notice) as may be established an invoice from time to time by Landlord for the Building (such after-hour HVAC, shall be billed at Landlord’s commercially reasonable standard rates);
(d) Maintaining and replacing non-Building Standard lamps, bulbs, starters and ballasts (whether or not the light fixtures were installed by Landlord as part of the Tenant Improvements);
(e) Repair and maintenance service which is the obligation of Tenant under this Lease;
(f) Repair, maintenance or janitorial service to the Leased Premises, the Common Areas or the Project parking area which is required as a result of the acts or omissions of Tenant, its agents, employees, contractors, invitees or licensees; and
(gv) Any basic service If Tenant uses any other services in amounts determined by an amount or for a period in excess of that provided for herein, then Landlord reserves the right to exceed charge Tenant as additional Rent hereunder a reasonable sum as reimbursement for the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service, but only if Landlord elects to provide such additional or excess service. For the purposes of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the Leased Premises to measure the amount of electricity and/or water consumed by Tenant therein. The cost of such installation added services, and to charge Tenant for the reasonable cost of any administrative time, additional equipment or facilities or modifications thereto which are necessary to provide the additional services, and/or to discontinue providing such excess electricity and/or water (at the rates charged for such services by the local public utility) shall be paid by Tenant to Landlord upon receipt by Tenant of a ▇▇▇▇ ▇▇▇▇▇▇▇▇. The cost chargeable to Tenant for all extra services shall constitute Additional Rent and shall include a management fee payable to Landlord of ten percent (10%). Additional Rent shall be paid monthly by Tenant to Landlord concurrently with the payment of Base RentTenant.
Appears in 1 contract
Sources: Office Lease Agreement (On24 Inc)
Extra Services. Landlord may shall provide to Tenant at Tenant’s sole cost and expense at standard Building charges in effect from time to time (and subject to the limitations hereinafter set forth) the following extra servicesfollowing:
(a) Such extra cleaning and janitorial services requested by ▇▇▇▇▇▇;
(b) Intentionally Omitted;
(c) Heating, ventilation, air conditioning or Extra Electrical Service, subject to the provisions of Section 4.2(g) hereof, provided by Landlord to Tenant extra service (i) during hours other than the Building hours of operation specified in the rules Business Hours, and regulations for the Building adopted pursuant to Section 5.17, which shall provide for Building hours of operation of 8:00 a.m. to 6:00 p.m., Monday through Friday (excluding holidays observed by the federal government), or (ii) on Saturdaysdays other than Business Days, Sundays, or holidays, all said heating, ventilation, ventilation and air conditioning or extra electrical service to be furnished solely upon the prior written request of Tenant submitted during business hours given with such advance notice as Landlord may reasonably require;
(b) Additional air conditioning and ventilating capacity or chilled and/or condenser water required by reason of any electrical, data processing or other equipment or facilities or services required to Landlord at least 24 hours support the same, to the extent in advance excess of that which would be required for Building Standard Improvements;
(c) Repair and maintenance which is the time such service is neededobligation of Tenant hereunder, or pursuant to such other procedures (which may permit less than 24 hours notice) as may be established from time to time if so requested by Landlord for the Building (such after-hour HVAC, shall be billed at Landlord’s commercially reasonable standard rates)Tenant;
(d) Maintaining Additional cleaning and replacing non-janitorial services to the extent the quality, quantity or use of Tenant Improvements are not consistent with Building Standard Improvements and require materially more service;
(e) Additional electricity above the standards specified in the parenthetical in Section 3.01(a)(v), in which case Tenant shall pay to Landlord, as Additional Rent, the costs of such additional electricity usage (at then applicable utility company rates) based either on a separate meter or meters measuring such electrical consumption or on a reasonable determination by Landlord’s engineer as to the level of electrical consumption in the Leased Premises, which determination shall be conclusive and binding on the parties. Tenant shall be responsible for the costs of installing such meters and all electrical equipment reasonably required for such additional electricity usage. All work necessary for such installation shall be done in accordance with the requirements of Section 4.02 (regarding Tenant Improvements).
(f) Maintenance and replacement of initial lamps, bulbs, starters and ballasts (whether or not the light fixtures were installed by Landlord as part of the Tenant Improvements)ballasts;
(e) Repair and maintenance service which is the obligation of Tenant under this Lease;
(f) Repair, maintenance or janitorial service to the Leased Premises, the Common Areas or the Project parking area which is required as a result of the acts or omissions of Tenant, its agents, employees, contractors, invitees or licensees; and
(g) Any basic service Basic Service in amounts reasonably determined by Landlord to exceed the amounts required to be provided under Section 4.1, including without limitation, Extra Electrical Service, but only if Landlord elects to provide such additional or excess service. For the purposes of this Section 4.2, if, in Landlord’s reasonable opinion, Tenant’s use of electrical and/or water service at the Leased Premises is excessive, Landlord may install a separate meter(s) at the Leased Premises to measure the amount of electricity and/or water consumed by Tenant therein. The cost of such installation and of such excess electricity and/or water (at the rates charged for such services by the local public utility) shall be paid by Tenant to Landlord upon receipt by Tenant of a ▇▇▇▇ ▇▇▇▇▇▇▇▇. The cost chargeable to Tenant for all extra services shall constitute Additional Rent and shall include a management fee payable to Landlord of ten percent (10%3.01(a). Additional Rent shall be paid monthly by Tenant to Landlord concurrently with the payment of Base Rent.
Appears in 1 contract
Sources: Lease (NewStar Financial, Inc.)