Landlord Services. From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”): (a) heat, ventilation and air-conditioning to the Premises from 8:00 a.m. to 6:00 p.m. on each Business Day and from 8:00 a.m. to 1:00 p.m. on Saturdays that are not Holidays, in accordance with the design specifications set forth in Exhibit F attached hereto at no cost to Tenant (other than by way of inclusion in Operating Expenses); if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by 3:00 p.m. of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by 1:00 p.m. of the immediately preceding Business Day (each such notice under clause (i) or clause (ii), an “HVAC Overtime Notice”), and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor; provided, that (A) any such overtime heat, ventilation and air-conditioning services requested for the following hours (the “Free Overtime Hours”) shall be provided to the Premises at no cost to Tenant (other than by way of inclusion in Operating Expenses): from 6:00 p.m. on each Business Day to 1:00 a.m. on the following day (whether or not such following day is a Business Day), from 1:00 p.m. to 6:00 p.m. on Saturdays that are not Holidays, and from 8:00 a.m. to 6:00 p.m. on Sundays that are not Holidays and (B) for so long as Tenant is a Justworks Tenant, Landlord shall provide overtime heating, ventilation and air-conditioning services during Free Overtime Hours without Tenant delivering any HVAC Overtime Notice; Tenant may give HVAC Overtime Notices up to 1 month prior to the date on which Tenant is requesting overtime heat, ventilation and air-conditioning services; (b) intentionally omitted; (c) (i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least 3 passenger elevators subject to call at all other times and (ii) freight elevator and loading dock service to the Premises on a first come-first served basis (i.e., no advance scheduling) from 8:00 a.m. to 5:00 p.m. on Business Days (the “Freight Hours”), and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor (provided, that Tenant must reserve after-hours freight for a minimum of 1 hour if such hour is contiguous to Freight Hours or a minimum of 4 hours if such hours are not contiguous to Freight Hours); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding the foregoing, there shall be no charge to Tenant for the first 300 hours of overtime freight elevator usage by Tenant in connection with the Initial Tenant Work and Tenant’s initial move-in to the Premises; (d) reasonable quantities of hot and cold water to the floor(s) on which the Premises are located for core lavatory, drinking, ordinary pantry and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet with shut-off valve and pressure reducing valve (as required) located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water (if Tenant requires heated water), as well as the cost of piping and supplying such water from the core of the Building to the location in the Premises where such water is needed, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of water for such other purposes (i.e., purposes other than for core lavatory, drinking, ordinary pantry and cleaning purposes) in which event Tenant shall reimburse Landlord on demand for the quantities of water shown on such meters, at Landlord’s cost therefor (including costs for sewer rents and taxes) plus 3%; (e) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment at a level of not less than 6 ▇▇▇▇▇ demand load per useable square foot of the Premises (exclusive of electricity for the base Building HVAC system); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s reasonable judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises and the cost to bring such power to the Premises, including, installing any necessary additional equipment or distribution systems to distribute such power within the Premises; and (f) cleaning services on Business Days in accordance with Exhibit D attached hereto. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (i) extra cleaning work in the Premises required because of (A) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non standard materials or finishes installed in the Premises and/or (D) the use of the Premises other than during Business Hours on Business Days, and (ii) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D; Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; Landlord shall instruct Landlord’s cleaning contractor (a) to perform background checks on employees performing cleaning services in the Building and (b) to the extent such background checks are performed, not to assign any individual that has been convicted of, or has pled guilty to, a felony or any other crime of moral turpitude to clean the Premises; provided, that Landlord shall have no liability to Tenant if any cleaning contractor fails to comply with Landlord’s instructions; (g) up to 25 tons of condenser water per full floor of the Premises for Tenant’s supplemental HVAC system from the common cooling tower unit serving the Building 24 hours a day, 7 days a week, subject to Tenant’s option to reduce the tonnage reserved for Tenant by delivery of notice to Landlord on or before June 30, 2019. Tenant, at Tenant’s cost, shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser, including installing automatic shut off valves to ensure condenser water will only flow through the active HVAC unit; Tenant shall pay for Tenant’s condenser water $0.094 per ton of connected load per hour (Subject to CPI Increases) including any redundant HVAC systems connected to the condenser water riser, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor; (h) shaft space to accommodate Tenant’s installation and maintenance, at Tenant’s expense, of two 4” conduit for data and telecommunications wiring to the Premises one from each of the two points of entry to the Building through separate paths to the telecommunications closets on each floor of the Premises; (i) the right to connect, at Tenant’s expense, to the Building distributed antenna system (“DAS”) installed in the Building as of the Effective Date and any replacements thereof installed by Landlord during the Term. During the performance of Tenant’s Initial Work, Landlord shall reasonably cooperate with Tenant to coordinate the installation in the Premises of the necessary equipment for Tenant to connect to the DAS. Landlord shall complete the installation of such equipment prior to the date on which the Initial Tenant Work is complete. During the Term, if Tenant renovates any portion of the Premises and such renovation requires removal of the DAS equipment located on the renovated floor, Tenant shall pay for the cost to remove such equipment and, if Tenant so elects, to have such equipment reinstalled following completion of such renovation. Landlord shall have the right to require that Tenant use Landlord’s DAS infrastructure provider to connect to the DAS and to perform any required removal and/or reinstallation of any DAS equipment in the Premises; and (j) access to the Premises 24 hours per day, 7 days per week, 365 days per year.
Appears in 1 contract
Sources: Lease (Justworks, Inc.)
Landlord Services. (a) From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”):
(ai) heat, ventilation and air-conditioning to the Premises from 8:00 a.m. on each Business Day to 6:00 p.m. on each Business Day the same day and from 8:00 9:00 a.m. to 1:00 p.m. on Saturdays that are not Holidaysfor reasonably comfortable occupancy of the Premises, in accordance subject to Tenant’s compliance with the design specifications set forth in Exhibit F attached hereto at no cost to Tenant (other than conditions, including occupancy and electric load criteria established by way of inclusion in Operating Expenses)Landlord; if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall furnish such service (iA) in the case of a Business Day, upon receiving notice (including verbal notice) from Tenant by 3:00 p.m. of such Business Day and (iiB) in the case of a day other than a Business Day, upon receiving notice (including verbal notice) from Tenant by 1:00 p.m. of the immediately preceding Business Day (each such notice under clause (i) or clause (ii), an “HVAC Overtime Notice”)Day, and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor; provided, that (A) any such overtime heat, ventilation and air-conditioning services requested for the following hours (the “Free Overtime Hours”) shall be provided to the Premises at no cost to Tenant (other than by way of inclusion in Operating Expenses): from 6:00 p.m. on each Business Day to 1:00 a.m. on the following day (whether or not such following day is a Business Day), from 1:00 p.m. to 6:00 p.m. on Saturdays that are not Holidays, and from 8:00 a.m. to 6:00 p.m. on Sundays that are not Holidays and (B) for so long as Tenant is a Justworks Tenant, Landlord shall provide overtime heating, ventilation and air-conditioning services during Free Overtime Hours without Tenant delivering any HVAC Overtime Notice; Tenant may give HVAC Overtime Notices up to 1 month prior to the date on which Tenant is requesting overtime heat, ventilation and air-conditioning services;
(bii) intentionally omittedreserved parking for a total of twenty (20) cars, including ten (10) spaces in the covered parking facility;
(ciii) (iA) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least 3 one passenger elevators elevator subject to call at all other times and (iiB) freight elevator and loading dock service to the Premises on a first come-first served basis (i.e., no advance scheduling) from 8:00 a.m. to 5:00 p.m. during Business Hours on Business Days (the “Freight Hours”)Days, and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor (provided, that Tenant must reserve after-hours freight for a minimum of 1 hour if such hour is contiguous to Freight Hours or a minimum of 4 hours if such hours are not contiguous to Freight Hours)therefor; Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding the foregoing, there shall be no charge to Tenant for the first 300 hours of overtime freight elevator usage by Tenant in connection with the Initial Tenant Work and Tenant’s initial move-in to the Premises;
(div) reasonable quantities of hot and cold water to the floor(s) on which the Premises are located for core lavatory, drinking, ordinary pantry lavatory and cleaning purposes onlyand to service any plumbing fixtures installed in the Premises as part of Landlords Work (which may include one hot water heater at a pantry location); if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet with shut-off valve and pressure reducing valve (as required) located on the floor on which the Premises is located (within the core of the Building), and unless otherwise provided in Landlord’s work letter, the cost of heating such water (if Tenant requires heated water), as well as the cost of piping and supplying such water from the core of the Building to the location in the Premises where such water is neededPremises, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of cold water and/or hot water for such other purposes (i.e., purposes other than for core lavatory, drinking, ordinary pantry and cleaning purposes) in which event Tenant shall reimburse Landlord on demand for the quantities of cold water and hot water shown on such meters, at meters (including Landlord’s cost therefor (including costs standard reasonable charge for sewer rents and taxes) plus 3%the production of such hot water, if produced by Landlord), on demand;
(ev) electric energy of a minimum of 5 ▇▇▇▇▇ per square foot on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment at a level of not less than 6 ▇▇▇▇▇ demand load per useable square foot of the Premises (exclusive of electricity for the base Building HVAC system)equipment; in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s reasonable judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises and the cost of installing additional risers, meters, switches and related equipment necessary to bring provide such power additional power; Landlord will connect Landlord’s back-up generator to Tenant’s server room at Tenant’s cost and expense, in order to provide continuous operation of Tenant’s servers. Tenant shall pay to Landlord a fee, pursuant to a separate agreement, for access to and use of the Premises, including, installing any necessary additional equipment or distribution systems to distribute such power within the Premisesback-up generators; and
(fvi) cleaning services on Business Days in accordance with Exhibit D E attached hereto. Tenant shall pay to Landlord on demand the reasonable costs incurred by Landlord for (iA) extra cleaning work in the Premises required because of (Aw) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (Bx) interior glass partitions or an unusual quantity of interior glass surfaces, (Cy) non non-building standard materials or finishes installed in the Premises (excluding materials or finishes installed as part of Landlord’s Work) and/or (Dz) the use of the Premises other than during Business Hours on Business Days, but only if Tenant requests special cleaning services for that purpose and (iiB) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions remnants of the Premises used for preparation, serving or consumption of food or beverages, training rooms, trading floors, data processing soiled dishes or reproducing operations, private lavatories or toilets eating utensils or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D; at Tenant’s expense. Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; Landlord shall instruct Landlord’s cleaning contractor (a) to perform background checks on employees performing cleaning services in the Building and .
(b) to the extent such background checks are performedLandlord temporarily may stop or interrupt any Landlord Service, not to assign any individual that has been convicted ofelectricity, or has pled guilty toother service and may stop or interrupt the use of any Building facilities and systems at such times as may be necessary and for as long as may reasonably be required by reason of an emergency or urgent situation caused by accidents, strikes, or the making of repairs, alterations or improvements, or inability to secure a felony proper supply of fuel, gas, steam, water, electricity, labor or supplies, or by reason of any other crime cause beyond the reasonable control of moral turpitude to clean the Premises; provided, that Landlord. Landlord shall have no liability to Tenant if by reason of any cleaning contractor fails to comply with temporary stoppage or interruption of any Landlord Service, electricity or other service or the use of any Building facilities and systems for any reason, except for Landlord’s instructions;negligence. Landlord shall use reasonable diligence to make such repairs as may be required to machinery or equipment within the Building to provide restoration of any Landlord Service and, where the cessation or interruption of such Landlord Service has occurred due to circumstances or conditions beyond the Building boundaries, to cause the same to be restored by diligent application or request to the provider.
(gc) up to 25 tons Without limiting any of condenser water per full floor of the Premises for Tenant’s supplemental HVAC system from the common cooling tower unit serving the Building 24 hours a day, 7 days a week, subject to Tenant’s option to reduce the tonnage reserved for Tenant by delivery of notice to Landlord on or before June 30, 2019. Tenant, at Tenant’s cost, shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riserother rights and remedies, including installing automatic shut off valves to ensure condenser water will only flow through the active HVAC unit; if Tenant shall pay for Tenant’s condenser water $0.094 per ton of connected load per hour (Subject be in monetary default beyond any applicable grace period, Landlord shall not be obligated to CPI Increases) including any redundant HVAC systems connected to the condenser water riser, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor;
(h) shaft space to accommodate Tenant’s installation and maintenance, at Tenant’s expense, of two 4” conduit for data and telecommunications wiring furnish to the Premises one from each any service outside of the two points of entry to the Building through separate paths to the telecommunications closets Business Hours on each floor of the Premises;
(i) the right to connectBusiness Days, at Tenant’s expense, to the Building distributed antenna system (“DAS”) installed in the Building as of the Effective Date and any replacements thereof installed by Landlord during the Term. During the performance of Tenant’s Initial Work, Landlord shall reasonably cooperate with Tenant to coordinate the installation in the Premises of the necessary equipment for Tenant to connect to the DAS. Landlord shall complete the installation of such equipment prior to the date on which the Initial Tenant Work is complete. During the Term, if Tenant renovates any portion of the Premises and such renovation requires removal of the DAS equipment located on the renovated floor, Tenant shall pay for the cost to remove such equipment and, if Tenant so elects, to have such equipment reinstalled following completion of such renovation. Landlord shall have the right no liability to require that Tenant use Landlord’s DAS infrastructure provider to connect to the DAS and to perform any required removal and/or reinstallation by reason of any DAS equipment in the Premises; and
(j) access failure to the Premises 24 hours per dayprovide, 7 days per weekor discontinuance of, 365 days per yearany such service.
Appears in 1 contract
Sources: Lease (Open Link Financial, Inc.)
Landlord Services. From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”):
(a) heat, ventilation and air-conditioning to the Premises from 8:00 a.m. to 6:00 p.m. on each during Business Day and from 8:00 a.m. to 1:00 p.m. on Saturdays that are not Holidays, Hours substantially in accordance with the design specifications set forth in Exhibit F attached hereto at no cost to Tenant (other than by way of inclusion in Operating Expenses)hereto; if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by 3:00 1:00 p.m. of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by 1:00 5:00 p.m. of the immediately preceding Business Day (each such notice under clause (i) or clause (ii), an “HVAC Overtime Notice”)Day, and Tenant shall pay to Landlord upon within 30 days after demand Landlord’s then established charges therefor, which charges shall be calculated in accordance with Exhibit H attached hereto and shall be subject to increase to the extent of any actual increase in the cost to Landlord of providing such services; provided, that (A) Tenant shall be subject to a 4 hour minimum charge for any such overtime heat, ventilation and air-conditioning services service unless such overtime service is requested for a period of time immediately preceding or immediately following Business Hours on a Business Day, in which case Tenant shall be entitled to request a minimum of 1 full hour of such overtime service;
(i) subject to service changes due to emergency and necessary maintenance, for Tenant’s non-exclusive use and benefit, destination dispatch passenger elevators serving the following hours Premises (the “Free Overtime HoursElevators”) shall be provided to in accordance with the Premises at no cost to Tenant (other than by way of inclusion in Operating Expenses): from 6:00 p.m. on each Business Day to 1:00 a.m. on the following day (whether or not such following day is a Business Day), from 1:00 p.m. to 6:00 p.m. on Saturdays that are not Holidays, and from 8:00 a.m. to 6:00 p.m. on Sundays that are not Holidays and (B) for so long specifications attached hereto as Tenant is a Justworks Tenant, Landlord shall provide overtime heating, ventilation and air-conditioning services during Free Overtime Hours without Tenant delivering any HVAC Overtime Notice; Tenant may give HVAC Overtime Notices up to 1 month prior to the date on which Tenant is requesting overtime heat, ventilation and air-conditioning services;
(b) intentionally omitted;
(c) (i) passenger elevator service to each floor of the Premises Exhibit G at all times during Business Hours on Business Days, with at least 3 passenger elevators 2 Elevators subject to call at all other times and times;
(ii) subject to the Rules and Regulations, freight elevator and loading dock service to the Premises on a first comefor Tenant’s non-first served basis (i.e.exclusive use and benefit; provided, no advance scheduling) from 8:00 a.m. that with respect to 5:00 p.m. such service other than during Business Hours on Business Days Days, (the “Freight Hours”), and on a reserved basis at all other times upon the payment of A) Tenant shall pay to Landlord within 30 days after demand Landlord’s then established charges therefor therefor, which charges as of the Effective Date are set forth on Exhibit H attached hereto and shall be Subject to CPI Increases and (providedB) Tenant shall be subject to a 4 hour minimum charge unless such overtime service is requested for a period of time immediately preceding or immediately following Business Hours on a Business Day, that in which case Tenant must reserve after-hours freight for shall be entitled to request a minimum of 1 full hour if of such hour is contiguous to Freight Hours or a minimum of 4 hours if such hours are not contiguous to Freight Hours); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding overtime service. Notwithstanding the foregoing, there shall be no charge to Tenant for during the first 300 hours performance of overtime freight elevator usage by Tenant in connection with the Tenant’s Initial Tenant Work and Tenant’s initial move-in to the Premises, (1) Tenant shall be entitled to up to 50 overtime hours in the aggregate of freight elevator and loading dock service at no charge and (2) the charges for Tenant’s use of freight elevator and loading dock service shall be as more particularly described in Section 4.01(c)(v);
(dc) reasonable quantities of hot and cold water to the floor(s) on which the Premises are located for core lavatory, drinkingcleaning, ordinary drinking and cold water for pantry (other than dishwashers and cleaning subject to Section 8.20(b)(v), it being agreed that the heating of water supplied to the pantry, together with the cost thereof, including electricity, shall be the sole responsibility of Tenant) purposes only; if Tenant requires additional water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet with shut-off valve and pressure reducing valve (as required) located on the each floor on which the Premises is located (within the core of the Building), and the cost of heating such water (if Tenant requires heated including, without limitation, the cost of electric to heat such water), as well as ) and the cost of piping and supplying such water from the core of the Building to the location in the Premises where such water is needed, shall be paid by TenantTenant (provided that Landlord shall install and maintain hot water heaters for the core toilet rooms and janitors closets); Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of such additional water for such other purposes (i.e., purposes other than for core lavatory, drinking, ordinary pantry and cleaning purposes) in which event Tenant shall reimburse Landlord on demand for the quantities of water shown on such meters, within 30 days after demand accompanied by reasonable supporting documentation, at Landlord’s then established charges therefor, which charges as of the Effective Date are set forth on Exhibit H attached hereto and shall be subject to increase to the extent of any actual increase in the cost therefor (including costs for sewer rents and taxes) plus 3%to Landlord of providing such water;
(ed) electric energy on a submetered basis through presently the transmission facilities installed electric facilities by Landlord in the Building for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment at a level of not less than 6 ▇5 w▇▇▇▇ demand load per useable gross square foot of the Premises space (exclusive of electricity for required to operate the base building systems installed by Landlord, including, without limitation, the Building HVAC system, but inclusive of any Tenant installed portion of the HVAC distribution system such as fan powered boxes); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, Building. Tenant shall not have the right to redistribute the electric power furnished on each floor of the Premises by Landlord throughout the Premises without Landlord’s prior written approval (such approval to be granted or denied in Landlord’s reasonable judgment sole and absolute discretion); provided, that, if Landlord approves same, (taking into account 1) such redistribution shall not cause Tenant’s consumption of electricity to exceed the then existing and future needs of other then existing and future tenants, and other needs capacity of the Building)feeders, risers or wiring serving the same Premises, (2) Tenant, at Tenant's sole expense, shall perform any work required prior to the expiration or earlier termination of the Term so that the electrical capacity stated in this Section 3.01(d) is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for restored to each additional amp floor of power or portion thereof provided to the Premises and (3) if Tenant shall surrender any portion of the cost Premises prior to bring surrendering the entire Premises, Tenant, at Tenant’s sole expense, shall perform any work required prior to such power partial surrender so that the electrical capacity stated in this Section 3.01(d) is restored to the Premises, including, installing any necessary additional equipment or distribution systems to distribute such power within surrendered portion of the Premises; and;
(fe) cleaning services on Business Days for the Premises in accordance with the specifications provided in Exhibit D attached hereto. Tenant shall pay to Landlord on within 30 days after demand the out-of-pocket costs incurred by Landlord for (i) extra cleaning work in the Premises required because of (A) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non non-standard materials or finishes installed in the Premises and/or (D) the use of the Premises other than during Business Hours on Business Days, and (ii) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit DD. Notwithstanding the foregoing, Tenant may use its own employees to provide minor cleaning services to pantries and conference rooms within the Premises; provided, that (A) the provisions of Section 4.02(e) relating to the avoidance of union-related conflict shall apply to such minor cleaning services, (B) Landlord shall have no liability to Tenant or Tenant’s employees in connection with such minor cleaning services and (C) any such minor cleaning services shall be subject to such reasonable rules and regulations that may be established by Landlord with respect thereto (including, without limitation, Landlord’s green cleaning policy for the Building). Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; Landlord shall instruct Landlord’s cleaning contractor (a) to perform background checks on employees performing cleaning services in the Building and (b) to the extent such background checks are performed, not to assign any individual that has been convicted of, or has pled guilty to, a felony or any other crime of moral turpitude to clean the Premises; provided, that Landlord shall have no liability to Tenant if any cleaning contractor fails to comply with Landlord’s instructions;
(gf) up to 25 30 tons of condenser water per full floor of for the Premises (i.e., 20 tons for the 37th Floor Premises and 10 tons for the 40th Floor Premises) for Tenant’s supplemental HVAC system from the common cooling tower unit serving the Building 24 hours a day, 7 days a week, subject to which Landlord shall reserve for Tenant’s option use until January 1, 2017 (the “Reserved Tonnage”). Tenant shall have the right to reduce use, throughout the tonnage reserved for Term, that portion of the Reserved Tonnage which Tenant by delivery has elected to reserve as of January 1, 2017, it being agreed that Tenant waives any rights Tenant may have had (x) to the Reserved Tonnage if Tenant has not given Landlord notice of its election to reserve the same on or before January 1, 2017 and (y) to the portion of the Reserved Tonnage which Tenant has not elected to reserve in such election notice given to Landlord on or before June 30January 1, 20192017 (if any is so given). Tenant, at Tenant’s cost, Tenant shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riserriser (provided that Landlord shall provide capped valved outlets), including installing automatic shut off valves to ensure and Landlord shall waive any tap-in fee or “drain-down” charge for Tenant’s tap into Landlord’s condenser water will only flow through the active HVAC unit; riser. Tenant shall pay to Landlord, within 30 days after demand, for such reservation of condenser water, an amount equal Landlord’s then established charges therefor, which charges as of the date hereof are $850 per ton reserved per annum and shall be subject to increase to the extent of any actual increase in the cost to Landlord of providing such condenser water. Subject to Laws and Landlord’s approval of Tenant’s condenser water $0.094 per ton of connected load per hour (Subject plans therefor, Tenant shall have the right, at Tenant sole cost and expense, to CPI Increases) including any redundant HVAC systems connected to redistribute the condenser water riser, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor;
(h) shaft space to accommodate Tenant’s installation and maintenance, at Tenant’s expense, of two 4” conduit for data and telecommunications wiring to the Premises one from each of the two points of entry to the Building through separate paths to the telecommunications closets furnished on each floor of the Premises throughout the Premises (it being agreed that condenser water is being allocated on the basis of 20 tons for the 37th Floor Premises and 10 tons for the 40th Floor Premises); provided, that if Tenant shall surrender the Premises (or any portion of the Premises prior to surrendering the entire Premises, including without limitation the 40th Floor Premises on the 40th Floor Expiration Date), Tenant shall perform any work required prior to such surrender (or such partial surrender) so that the condenser water capacity stated in this Section 3.01(f) is restored to the Premises (or the surrendered portion of the Premises);
(i) security in accordance with Exhibit L attached hereto; provided, that, except to the right extent due to connectLandlord’s negligence or willful misconduct, Landlord shall have no responsibility to prevent, and Landlord shall have no liability to Tenant (or anyone claiming through or under Tenant) for loss to Tenant (or such other person) or their agents, contractors, employees, invitees, or licensees, arising out of theft, burglary or damage or injury to persons or property caused by persons gaining access to the Building or other causes;
(ii) Tenant shall have the right, at Tenant’s sole cost and expense, to install a security system (which may be, at Tenant’s option, a key-card access system) in the Premises; provided that Tenant shall provide Landlord’s security personnel with any key-cards, information or other items required to access the Premises in accordance with the provisions of Section 4.04(d). If Tenant desires to install a security system in the Premises that is compatible with the Building distributed antenna security system (“DAS”) installed in so as to enable individuals to utilize a single security/access card to access both the Building as of ground floor elevator lobby serving the Effective Date Premises and any replacements thereof installed by Landlord during the Term. During the performance of Tenant’s Initial WorkPremises, Landlord shall reasonably cooperate with Tenant, at Tenant’s sole cost and expense, with respect to Tenant’s installation and maintenance of such compatible security system;
(iii) Landlord shall provide access cards for entry to the ground floor elevator lobby serving the Premises and Tenant shall pay to coordinate Landlord, within 30 days after demand therefor, Landlord’s established charges therefor. Notwithstanding the installation foregoing, Landlord shall provide, without charge, 1 such access card for each employee of Tenant with a place of work in the Premises as of the necessary equipment date that Tenant first occupies the Premises for Tenant to connect to the DAS. conduct of Tenant’s business;
(h) Landlord shall complete operate (or cause an outside contractor to operate) a messenger center for the installation Building (the “Messenger Center”). The service to be provided by the Messenger Center from time to time, the manner in which such services are provided from time to time and hours of such equipment prior operation observed from time to time (the date on which “Messenger Center Services”) shall comply with all applicable Laws and shall be reasonably formulated by Landlord with a view toward the Initial security protocols for the Building. Tenant Work is complete. During shall, throughout the Term, if Tenant renovates any portion use, in common with Landlord and other tenants and occupants of the Premises Building, the Messenger Center and such renovation requires removal of the DAS equipment located on the renovated floor, Tenant shall pay for the cost to remove such equipment and, if Tenant so elects, to have such equipment reinstalled following completion of such renovationMessenger Center Services. Landlord shall have the right, from time to time, to make such modifications to the Messenger Center Services as it deems reasonably necessary, taking into account requirements of applicable Laws and the security of the Building and its tenants and other occupants. Landlord reserves the right to require that reconfigure or relocate the Messenger Center. Landlord shall have no liability to Tenant use for accepting or failing to accept or for providing or not providing or for requesting or failing to request receipts or evidence of delivery for any mail or packages or for the handling of, or damage to, such mail or packages absent the gross negligence or willful misconduct of Landlord’s DAS infrastructure provider to connect to . The cost of maintaining the DAS Messenger Center and to perform any required removal and/or reinstallation of any DAS equipment in the Premises; andMessenger Center Services shall be an Operating Expense under this Lease;
(i) intentionally omitted;
(j) subject to Landlord’s security procedures and the provisions of this Lease, access to the Premises 24 hours per day, 7 days per weekweek except in cases of emergency;
(k) operation, 365 days per yearmaintenance and repair of the public and common areas of the Building and of the systems and equipment serving the Building, and the provision of services required hereunder, in a manner consistent with standards maintained in First Class Office Buildings (it being understood that any specifications for the provision of services required hereunder included in this Lease or the exhibits attached hereto shall be deemed to meet such standards); provided, that Landlord’s obligations under this Section 3.01(k) shall be limited to areas of, and systems and equipment within, the Building which Tenant is entitled to use or which otherwise serve the Premises and Landlord shall have no liability to Tenant for any failure to maintain such standards except to the extent such failure adversely affects Tenant’s use and enjoyment of the Premises;
(l) emergency power through the emergency generator(s) for the Building sufficient to make operational all base building systems serving the Premises which are required by applicable Laws to be operational for emergency power, including exit lights and egress illumination, fire pumps, smoke exhaust systems, stair pressurization and the fire alarm system;
(m) water pressure and reserve capacity to the fire sprinkler system serving the Premises at the levels required pursuant to the Building Code for the City of New York; and
(n) a fire alarm and life safety system, including a “DGP” on the 38th floor of the Building for Tenant’s connections to such life safety system.
Appears in 1 contract
Landlord Services. From (a) Except as specifically provided otherwise herein, from and after the date that Tenant first occupies the Premises for the conduct of Tenant’s 's business, Landlord shall furnish Tenant with the following services (collectively, “"Landlord Services”"):
(a) heat, ventilation and air-conditioning to the Premises from 8:00 a.m. to 6:00 p.m. on each Business Day and from 8:00 a.m. to 1:00 p.m. on Saturdays that are not Holidays, in accordance with the design specifications set forth in Exhibit F attached hereto at no cost to Tenant (other than by way of inclusion in Operating Expenses); if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by 3:00 p.m. of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by 1:00 p.m. of the immediately preceding Business Day (each such notice under clause (i) or clause (ii), an “HVAC Overtime Notice”), and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor; provided, that (A) any such overtime heat, ventilation and air-conditioning services requested for the following hours (the “Free Overtime Hours”) shall be provided to the Premises at no cost to Tenant (other than by way of inclusion in Operating Expenses): from 6:00 p.m. on each Business Day to 1:00 a.m. on the following day (whether or not such following day is a Business Day), from 1:00 p.m. to 6:00 p.m. on Saturdays that are not Holidays, and from 8:00 a.m. to 6:00 p.m. on Sundays that are not Holidays and (B) for so long as Tenant is a Justworks Tenant, Landlord shall provide overtime heating, ventilation and air-conditioning services during Free Overtime Hours without Tenant delivering any HVAC Overtime Notice; Tenant may give HVAC Overtime Notices up to 1 month prior to the date on which Tenant is requesting overtime heat, ventilation and air-conditioning services;
(b) intentionally omitted;
(c) (i) passenger elevator service to each floor of the Premises 19th Floor, with at least three (3) passenger elevators available at all times during Business Hours on Business Days, with Days and at least 3 one passenger elevators elevator subject to call at all other times times, it being agreed that two of such passenger elevators shall service floors 14 through 19 only and (iiB) freight elevator and loading dock service to the Premises and use of the loading dock on a first come-first served basis (i.e., no advance scheduling) from 8:00 a.m. am. to 5:00 p.m. on Business Days (the “Freight Hours”)Days, and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor (provided's actual cost for the use of the freight elevator and loading dock including, that Tenant must reserve after-hours freight without limitation, the cost of an operator for a minimum of 1 hour if such hour is contiguous to Freight Hours or a minimum of 4 hours if such hours are not contiguous to Freight Hours)the elevator; Tenant’s the use of all elevators shall be on a non-exclusive nonexclusive basis; notwithstanding the foregoing, there shall be no charge to Tenant for the first 300 hours of overtime freight elevator usage by Tenant in connection with the Initial Tenant Work and Tenant’s initial move-in to the Premises;
(dii) reasonable quantities of hot and cold water to the floor(s) on which the Premises are located for core lavatory, drinking, ordinary pantry lavatory and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet with shut-off valve and pressure reducing valve (as required) to be installed at Tenant's expense located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water (if Tenant requires heated water), as well as the cost of piping and supplying such water from the core of the Building to the location in the Premises where such water is neededPremises, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s 's expense, meters to measure Tenant’s 's consumption of cold water and/or hot water for such other purposes (i.e., purposes other than for core lavatory, drinking, ordinary pantry and cleaning purposes) in which event Tenant shall reimburse Landlord on demand for the quantities of cold water and hot water shown on such meters, at Landlord’s cost therefor meters (including costs Landlord's standard charge for sewer rents and taxes) plus 3%the production of such hot water, if produced by Landlord), on demand;
(eiii) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment capacity equal to at a level of not less than 6 least six (6) ▇▇▇▇▇ demand load per useable square foot of the Premises (exclusive of electricity rentable space for the base Building HVAC system); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s reasonable judgment (taking into account the then existing lighting and future needs of other then existing and future tenantsreceptacles, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises and the cost to bring such power to the Premises, including, installing any necessary additional equipment or distribution systems to distribute such power within the Premises; and
(f) cleaning services on Business Days in accordance with Exhibit D attached hereto. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (i) extra cleaning work in the Premises required because of (A) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non standard materials or finishes installed in the Premises and/or (D) the use of the Premises other than during Business Hours on Business Days, and (ii) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D; Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; Landlord shall instruct Landlord’s cleaning contractor (a) to perform background checks on employees performing cleaning services in the Building and (b) to the extent such background checks are performed, not to assign any individual that has been convicted of, or has pled guilty to, a felony or any other crime of moral turpitude to clean the Premises; provided, that Landlord shall have no liability to Tenant if any cleaning contractor fails to comply with Landlord’s instructions;
(g) up to 25 tons of condenser water per full floor of the Premises for Tenant’s supplemental HVAC system from the common cooling tower unit serving the Building 24 hours a day, 7 days a week, subject to Tenant’s option to reduce the tonnage reserved for Tenant by delivery of notice to Landlord on or before June 30, 2019. Tenant, at Tenant’s cost, shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser, including installing automatic shut off valves to ensure condenser water will only flow through the active HVAC unit; Tenant shall pay for Tenant’s condenser water $0.094 per ton of connected load per hour (Subject to CPI Increases) including any redundant HVAC systems connected to the condenser water riser, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor;
(h) shaft space to accommodate Tenant’s installation and maintenance, at Tenant’s expense, of two 4” conduit for data and telecommunications wiring to the Premises one from each of the two points of entry to the Building through separate paths to the telecommunications closets on each floor of the Premises;
(i) the right to connect, at Tenant’s expense, to the Building distributed antenna system (“DAS”) installed in the Building as of the Effective Date and any replacements thereof installed by Landlord during the Term. During the performance of Tenant’s Initial Work, Landlord shall reasonably cooperate with Tenant to coordinate the installation in the Premises of the necessary equipment for Tenant to connect to the DAS. Landlord shall complete the installation of such equipment prior to the date on which the Initial Tenant Work is complete. During the Term, if Tenant renovates any portion of the Premises and such renovation requires removal of the DAS equipment located on the renovated floor, Tenant shall pay for the cost to remove such equipment and, if Tenant so elects, to have such equipment reinstalled following completion of such renovation. Landlord shall have the right to require that Tenant use Landlord’s DAS infrastructure provider to connect to the DAS and to perform any required removal and/or reinstallation of any DAS equipment in the Premises; and
(j) access to the Premises 24 hours per day, 7 days per week, 365 days per year.six
Appears in 1 contract
Sources: Lease (Actv Inc /De/)
Landlord Services. From and after the date that Tenant T▇▇▇▇▇ first occupies the Premises for the conduct of TenantT▇▇▇▇▇’s business, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”):
(a) heat, ventilation and air-conditioning to the Premises from 8:00 7:00 a.m. to 6:00 7:00 p.m. on each Business Day and from 8:00 9:00 a.m. to 1:00 p.m. on Saturdays that are not Holidays, substantially in accordance with the design specifications set forth in Exhibit F attached hereto at no cost hereto, subject to Tenant (other than Tenant’s compliance with design conditions, including occupancy and electric load criteria established by way of inclusion in Operating Expenses)Landlord; if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by 3:00 p.m. noon of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by 1:00 p.m. noon of the immediately preceding Business Day (each such notice under clause (i) or clause (ii), an “HVAC Overtime Notice”)Day, and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefortherefor which, as of the date of this Lease are $450.00 per hour, plus applicable sales tax; provided, that (A) any such overtime heat, ventilation and air-conditioning services requested for the following hours (the “Free Overtime Hours”) there shall be provided to a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the Premises at no cost to Tenant (other than by way of inclusion standard hours first set forth above in Operating Expenses): from 6:00 p.m. on each Business Day to 1:00 a.m. on the following day (whether or not such following day is a Business Daythis Section 3.01(a), from 1:00 p.m. to 6:00 p.m. on Saturdays that are not Holidays, and from 8:00 a.m. to 6:00 p.m. on Sundays that are not Holidays and (B) for so long as Tenant is a Justworks Tenant, Landlord shall provide overtime heating, ventilation and air-conditioning services during Free Overtime Hours without Tenant delivering any HVAC Overtime Notice; Tenant may give HVAC Overtime Notices up to 1 month prior to the date on which Tenant is requesting overtime heat, ventilation and air-conditioning services;
(b) intentionally omitted;
(c) (i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least 3 one passenger elevators elevator subject to call at all other times and (ii) freight elevator and loading dock service to the Premises on a first come-first served basis (i.e., no advance scheduling) on Business Days from 8:00 a.m. to 12:00 p.m. and from 1:00 p.m. to 5:00 p.m. on Business Days (the “Freight Hours”)p.m., and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor (which, as of the date of this Lease are $250.00 per hour, plus applicable sales tax; provided, that Tenant must reserve after-hours freight for there shall be a minimum of 1 hour if such hour is contiguous to Freight Hours or a minimum charge of 4 hours if such for any period of additional service that neither immediately precedes nor immediately follows the standard hours are not contiguous to Freight Hoursfirst set forth above in this Section 3.01(b)(ii); Tenantand provided, further, that Tenant shall be entitled to up to 8 hours (in minimum 4 hour increments) of overtime freight elevator service at no charge to Tenant solely in connection with T▇▇▇▇▇’s initial move into the Premises; T▇▇▇▇▇’s use of all elevators shall be on a non-exclusive basis; notwithstanding the foregoing, there shall be no charge to Tenant for the first 300 hours of overtime freight elevator usage by Tenant in connection with the Initial Tenant Work and Tenant’s initial move-in to the Premises;
(dc) reasonable quantities of hot and cold water to the floor(s) on which the Premises are located for core lavatory, drinking, ordinary pantry lavatory and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet with shut-off valve and pressure reducing valve (as required) located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water (if Tenant requires heated water), as well as the cost of piping and supplying such water from the core of the Building to the location in the Premises where such water is neededPremises, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of water for such other purposes (i.e., purposes other than for core lavatory, drinking, ordinary pantry and cleaning purposes) in which event Tenant shall reimburse Landlord on demand for the quantities of water shown on such meters, at Landlord’s cost therefor (including costs for sewer rents and taxes) plus 35%;
(ed) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment at a level of not less than 6 ▇w▇▇▇▇ demand connected load per useable rentable square foot of the Premises space (exclusive of electricity for the base Building HVAC system); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s reasonable judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises and the cost of installing additional risers, meters, switches and related equipment necessary to bring provide such power to the Premises, including, installing any necessary additional equipment or distribution systems to distribute such power within the Premises; andpower;
(fe) cleaning services on Business Days in accordance with Exhibit D attached hereto. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (i) extra cleaning work in the Premises required because of (A) carelessness, indifference, misuse or neglect on the part negligence and/or willful misconduct of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non non-standard materials or finishes installed in the Premises and/or (D) the use of the Premises other than during Business Hours on Business Days, and (ii) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D; LandlordD. L▇▇▇▇▇▇▇’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; Landlord and
(f) a reasonable amount of condenser water, which shall instruct be requested by Tenant within 15 days after the date of this Lease and approved by Landlord, in Landlord’s cleaning contractor (a) to perform background checks on employees performing cleaning services in the Building and (b) to the extent such background checks are performedsole discretion, not to assign any individual that has been convicted of, or has pled guilty to, a felony or any other crime of moral turpitude to clean the Premises; provided, that Landlord shall have no liability to Tenant if any cleaning contractor fails to comply with Landlord’s instructions;
(g) up to 25 tons of condenser water per full floor of the Premises for Tenant’s supplemental HVAC system from the common cooling tower unit serving the Building 24 hours a day, 7 days a week, subject to Tenant’s option to reduce the tonnage reserved for Tenant by delivery of notice to . Landlord on or before June 30, 2019. Tenant, at Tenant’s cost, shall perform all necessary work and install all required equipment equipment, at Tenant’s expense, to permit Tenant to tap into Landlord’s condenser water riser, including installing automatic shut off valves riser on the floor on which the Premises is located. Tenant shall pay to ensure condenser water will only flow through the active HVAC unit; Tenant Landlord a fee of $1,500.00 per tap and shall pay for Tenant’s usage of condenser water an amount equal to $0.094 1,000.00 per connected ton per annum, which amount shall be adjusted on each anniversary of connected load per hour the Commencement Date to equal the product of (Subject to CPI Increasesi) including any redundant HVAC systems connected such amount multiplied by (ii) the percentage of increase, if any, in the Consumer Price Index for the month prior to the condenser water risermonth in which the applicable anniversary occurs over the Consumer Price Index for the month prior to the month in which the Commencement Date occurs), which amount shall be payable within 10 days after rendition of a bill therefor. “Consumer Price Index” means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor, New York, New York-Northeastern New Jersey Area (1982-84=100), or any successor index thereto, appropriately adjusted; provided, that if there shall be no successor index, a substitute index shall be reasonably selected by Landlord. If, on the first anniversary of the Commencement Date, T▇▇▇▇ therefor;
(h) shaft space to accommodate Tenant▇▇’s installation and maintenanceconnected load of condenser water is less than the amount initially approved by Landlord, at Tenant’s expense, of two 4” conduit for data and telecommunications wiring to the Premises one from each of the two points of entry to the Building through separate paths to the telecommunications closets on each floor of the Premises;
(i) the right to connect, at Tenant’s expense, to the Building distributed antenna system (“DAS”) installed in the Building as of the Effective Date and any replacements thereof installed by Landlord during the Term. During the performance of Tenant’s Initial Work, Landlord shall reasonably cooperate with Tenant to coordinate the installation in the Premises of the necessary equipment for Tenant to connect to the DAS. Landlord shall complete the installation of such equipment prior to the date on which the Initial Tenant Work is complete. During the Term, if Tenant renovates any portion of the Premises and such renovation requires removal of the DAS equipment located on the renovated floor, Tenant shall pay for the cost to remove such equipment and, if Tenant so elects, to have such equipment reinstalled following completion of such renovation. then Landlord shall have the right no further obligation to require that Tenant reserve for Tenant’s use Landlordany condenser water in excess of T▇▇▇▇▇’s DAS infrastructure provider to connect to the DAS and to perform any required removal and/or reinstallation of any DAS equipment in the Premises; and
(j) access to the Premises 24 hours per day, 7 days per week, 365 days per yearthen connected load.
Appears in 1 contract
Sources: Lease (FaceBank Group, Inc.)
Landlord Services. (a) From and after the Commencement Date (or in the case of cleaning services, the date that Tenant first occupies the Premises for the conduct of Tenant’s business), Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”):
(ai) heat, ventilation and air-conditioning to the Premises from 8:00 a.m. to 6:00 p.m. during Business Hours on each Business Day Days and during the hours from 8:00 a.m. to 1:00 p.m. on Saturdays that are not Holidays, substantially in accordance with the design specifications set forth in Exhibit F D attached hereto at no cost to Tenant (other than by way of inclusion in Operating Expenses); hereto, if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall furnish such services at the rate of $150 for heat and $200 for ventilation or air-conditioning per hour of service (i) to Tenant at Tenant’s expense, subject to increase from time to time in amounts equal to the actual increase in Landlord’s cost of providing such services; provided, that if Landlord simultaneously furnishes such services to another Building tenant or tenants whose Premises are in the case same zone of a Business Daythe HVAC system as the Premises, the cost thereof shall be prorated between or among Tenant and such tenant or tenants, based upon receiving notice from the ratio which Tenant by 3:00 p.m. and each such other tenant(s) rentable square footage within such zone bears to the total rentable square footage within such zone of Tenant and such Business Day and other tenant(s); within 20 days after receipt of Landlord, as Additional Charges, any amount due to Landlord pursuant to the terms of this Section 3.01(a)(i);
(ii) steam, if required by Tenant for any additional heating or permitted kitchen use, in the case of a day other than a Business Day, upon receiving notice from Tenant by 1:00 p.m. of the immediately preceding Business Day (each such notice under clause (i) or clause (ii), an “HVAC Overtime Notice”), and which event Tenant shall pay to Landlord upon demand the cost of such steam as hereinafter provided as well as the cost of any additional piping and other equipment or facilities required to supply steam to and distribute steam within the Premises; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of steam and Tenant shall reimburse Landlord for the quantities of steam shown on such meters and 106% of Landlord’s then established charges therefor; provided, that (A) any such overtime heat, ventilation and air-conditioning services requested actual cost from time to time for the following hours (the “Free Overtime Hours”) shall be provided to the Premises at no cost to Tenant (other than by way production or purchase of inclusion in Operating Expenses): from 6:00 p.m. on each Business Day to 1:00 a.m. on the following day (whether or not such following day is a Business Day)steam, from 1:00 p.m. to 6:00 p.m. on Saturdays that are not Holidays, and from 8:00 a.m. to 6:00 p.m. on Sundays that are not Holidays and (B) for so long as Tenant is a Justworks Tenant, Landlord shall provide overtime heating, ventilation and air-conditioning services during Free Overtime Hours without Tenant delivering any HVAC Overtime Notice; Tenant may give HVAC Overtime Notices up to 1 month prior to the date on which Tenant is requesting overtime heat, ventilation and air-conditioning serviceswithin 20 days after receipt of Landlord’s demand therefor;
(b) intentionally omitted;
(ciii) (iA) passenger elevator service to each floor of the Premises at all times during Business Hours business hours on Business Days, with at least 3 one passenger elevators elevator subject to call at all other times and (iiB) freight elevator and loading dock service to the Premises on a first come-first served basis (i.e., no advance scheduling) from 8:00 a.m. to 5:00 p.m. during Business ours on Business Days (the “Freight Hours”)Days, and on a reserved basis at all other times upon the payment payment, with respect to non-business Hours on non-Business Days, at the rate of $161.71 per hour (with a four (4) hour minimum for weekend service), subject to increase from time to time in an amount equal to the actual increases in Landlord’s then established charges therefor (cost of providing such freight elevator service; provided, that Tenant must reserve after-hours freight for a minimum of 1 hour if such hour is contiguous to Freight Hours or a minimum of 4 hours if such hours are not contiguous to Freight Hours); in connection with Tenant’s initial move into the Premises, Landlord shall provide Tenant with eight (8) hours of freight elevator service free of charge, to be used by Tenant during non-Business Hours and on non-Business Days and otherwise in accordance with Landlord’s rules and regulations covering freight elevator service; the use of all elevators shall be on a non-exclusive nonexclusive basis; notwithstanding the foregoing, there shall be no charge to Tenant for the first 300 hours of overtime freight elevator usage by Tenant in connection with the Initial Tenant Work and Tenant’s initial move-in to the Premises;
(div) reasonable quantities of hot and cold water to the floor(s) on which the Premises are located for core lavatory, drinking, ordinary pantry lavatory and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet with shut-off valve and pressure reducing valve (as required) located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water (if Tenant requires heated water), as well as the actual cost of any additional piping and supplying such water from the core of the Building to the location in the Premises where such water is neededPremises, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of cold water and/or hot water for such other purposes (i.e., purposes other than but not with respect to Tenant’s consumption of cold water and/or hot water for core lavatory, drinking, ordinary pantry the so-called “convenience areas” referenced in Section 1.04 where the preparation of food or beverages is limited to the use of microwave ovens and cleaning purposescoffee machines) in which event Tenant shall reimburse Landlord on demand for the quantities of cold water and hot water shown on such meters, at meters (including Landlord’s cost therefor (including costs standard charge for sewer rents and taxes) plus 3%the production of such hot water, if produced by Landlord), on demand;
(ev) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment at a level capacity of not less than 6 six (6) w▇▇▇▇▇ , demand load load, per useable rentable square foot of contained in the Premises (exclusive of electricity for the electrical consumption of the base Building HVAC system and any other base Building system); such electrica1 capacity shall be supplied via the Building distribution system and shall be available at the electrical closet on the floor of the Building on which the Premises is located (it being understood that Tenant shall be responsible for bringing such electrical capacity from the electrical closet to the Premises); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s reasonable judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises and the cost to bring such power to the Premises, including, installing any necessary additional equipment or distribution systems to distribute such power within the Premises; and
(fvi) cleaning services on Business Days in accordance with Exhibit D E attached hereto. Tenant Landlord shall pay not be required to Landlord on demand the costs incurred by Landlord for perform any (iA) extra cleaning work in the Premises required because of (Aw) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (Bx) interior glass partitions or an unusual quantity of interior glass surfaces, (Cy) non non-building standard materials or finishes installed in the Premises which require special cleaning and/or (Dz) the use of the Premises other than during Business Hours on Business Days, and Days and/or (iiB) removal from the Premises and the Building of any refuse of Tenant (x) in excess of that ordinarily accumulated in business office occupancyoccupancy and which is disposed of in a standard office desk trash receptacle, including, without limitation, kitchen and pantry refuse, or refuse and/or (y) at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall (A) retain Landlord’s cleaning contractor contractor, at commercially reasonable rates, to perform such cleaning at Tenant’s expense to or (B) perform such cleaning and any other with its own employees who are employed for cleaning services in excess of those provided for in Exhibit D; purposes. Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefortherefore, all light, power and water in the Premises reasonably required to clean the Premises; Landlord shall instruct Landlord’s cleaning contractor (a) to perform background checks on employees performing cleaning services in the Building and (b) to the extent such background checks are performed, not to assign any individual that has been convicted of, or has pled guilty to, a felony or any other crime of moral turpitude to clean the Premises; provided, that Landlord shall have no liability to Tenant if any cleaning contractor fails to comply with Landlord’s instructions;
(g) up to 25 tons of condenser water per full floor of the Premises for Tenant’s supplemental HVAC system from the common cooling tower unit serving the Building 24 hours a day, 7 days a week, subject to Tenant’s option to reduce the tonnage reserved for Tenant by delivery of notice to Landlord on or before June 30, 2019. Tenant, at Tenant’s cost, shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser, including installing automatic shut off valves to ensure condenser water will only flow through the active HVAC unit; Tenant shall pay for Tenant’s condenser water $0.094 per ton of connected load per hour (Subject to CPI Increases) including any redundant HVAC systems connected to the condenser water riser, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor;
(h) shaft space to accommodate Tenant’s installation and maintenance, at Tenant’s expense, of two 4” conduit for data and telecommunications wiring to the Premises one from each of the two points of entry to the Building through separate paths to the telecommunications closets on each floor of the Premises;
(i) the right to connect, at Tenant’s expense, to the Building distributed antenna system (“DAS”) installed in the Building as of the Effective Date and any replacements thereof installed by Landlord during the Term. During the performance of Tenant’s Initial Work, Landlord shall reasonably cooperate with Tenant to coordinate the installation in the Premises of the necessary equipment for Tenant to connect to the DAS. Landlord shall complete the installation of such equipment prior to the date on which the Initial Tenant Work is complete. During the Term, if Tenant renovates any portion of the Premises and such renovation requires removal of the DAS equipment located on the renovated floor, Tenant shall pay for the cost to remove such equipment and, if Tenant so elects, to have such equipment reinstalled following completion of such renovation. Landlord shall have the right to require that Tenant use Landlord’s DAS infrastructure provider to connect to the DAS and to perform any required removal and/or reinstallation of any DAS equipment in the Premises; and
(j) access to the Premises 24 hours per day, 7 days per week, 365 days per year.
Appears in 1 contract
Landlord Services. From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”):
(a) heat, ventilation Subject to Tenant’s payment of Operating Expenses under Section 5 and air-conditioning to the Premises from 8:00 a.m. to 6:00 p.m. on each Business Day and from 8:00 a.m. to 1:00 p.m. on Saturdays that are not Holidays, in accordance with the design specifications set forth in Exhibit F attached hereto at no cost to Tenant (other than by way of inclusion in Operating Expenses); if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by 3:00 p.m. of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by 1:00 p.m. of the immediately preceding Business Day (each such notice utilities under clause (i) or clause (ii), an “HVAC Overtime Notice”), and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor; provided, that (A) any such overtime heat, ventilation and air-conditioning services requested for the following hours (the “Free Overtime Hours”) shall be provided to the Premises at no cost to Tenant (other than by way of inclusion in Operating Expenses): from 6:00 p.m. on each Business Day to 1:00 a.m. on the following day (whether or not such following day is a Business Day), from 1:00 p.m. to 6:00 p.m. on Saturdays that are not Holidays, and from 8:00 a.m. to 6:00 p.m. on Sundays that are not Holidays and (B) for so long as Tenant is a Justworks TenantSection 6, Landlord shall provide overtime heating, ventilation and air-conditioning services during Free Overtime Hours without Tenant delivering any HVAC Overtime Notice; Tenant may give HVAC Overtime Notices up to 1 month prior to the date on which Tenant is requesting overtime heat, ventilation and air-conditioning services;
(b) intentionally omitted;
(c) (i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least 3 passenger elevators subject to call at all other times and (ii) freight elevator and loading dock service to the Premises on a first come-first served basis (i.e., no advance scheduling) from 8:00 a.m. to 5:00 p.m. on Business Days (the “Freight Hours”), and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor (provided, that Tenant must reserve after-hours freight for a minimum of 1 hour if such hour is contiguous to Freight Hours or a minimum of 4 hours if such hours are not contiguous to Freight Hours); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding the foregoing, there shall be no charge to Tenant for the first 300 hours of overtime freight elevator usage by Tenant in connection with the Initial Tenant Work and Tenant’s initial move-in to the Premises;
(d) reasonable quantities of hot and cold water to the floor(s) on which the Premises are located for core lavatory, drinking, ordinary pantry and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet with shut-off valve and pressure reducing valve (as required) located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water (if Tenant requires heated water), as well as the cost of piping and supplying such water from the core of the Building to the location in the Premises where such water is needed, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of water for such other purposes (i.e., purposes other than for core lavatory, drinking, ordinary pantry and cleaning purposes) in which event Tenant shall reimburse Landlord on demand for the quantities of water shown on such meters, at Landlord’s cost therefor (including costs for sewer rents and taxes) plus 3%;
(e) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment at a level of not less than 6 ▇▇▇▇▇ demand load per useable square foot of the Premises (exclusive of electricity for the base Building HVAC system); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s reasonable judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises and the cost to bring such power to the Premises, including, installing any necessary additional equipment or distribution systems to distribute such power within the Premises; and
(f) cleaning services on Business Days in accordance with Exhibit D attached hereto. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (i) extra cleaning work in the Premises required because of (A) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non standard materials or finishes installed in the Premises and/or (D) the use of the Premises other than during Business Hours on Business Days, and (ii) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D; Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; Landlord shall instruct Landlord’s cleaning contractor (a) to perform background checks on employees performing cleaning services in the Building and (b) to the extent such background checks are performed, not to assign any individual that has been convicted of, or has pled guilty to, a felony or any other crime of moral turpitude to clean the Premises; provided, that Landlord shall have no liability to Tenant if any cleaning contractor fails to comply with Landlord’s instructions;
(g) up to 25 tons of condenser water per full floor of the Premises for Tenant’s supplemental HVAC system from the common cooling tower unit serving the Building 24 hours a day, 7 days a week, subject to Tenant’s option to reduce the tonnage reserved for Tenant by delivery of notice to Landlord on or before June 30, 2019. Tenant, at Tenant’s cost, shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser, including installing automatic shut off valves to ensure condenser water will only flow through the active HVAC unit; Tenant shall pay for Tenant’s condenser water $0.094 per ton of connected load per hour (Subject to CPI Increases) including any redundant HVAC systems connected to the condenser water riser, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor;
(h) shaft space to accommodate Tenant’s installation and maintenance, at Tenant’s expense, of two 4” conduit for data and telecommunications wiring to the Premises one from each of the two points of entry to the Building through separate paths to the telecommunications closets on each floor of the Premises;
(i) the right to connect, at Tenant’s expense, to the Building distributed antenna system (“DAS”) installed in the Building as of the Effective Date and any replacements thereof installed by Landlord during the Term. During the performance of Tenant’s Initial Work, Landlord shall reasonably cooperate with Tenant to coordinate the installation in the Premises of the necessary equipment for Tenant to connect to the DAS. Landlord shall complete the installation of such equipment prior to the date on which the Initial Tenant Work is complete. During the Term, if Tenant renovates any portion of the Premises and such renovation requires removal of the DAS equipment located on the renovated floor, Tenant shall pay for the cost to remove such equipment and, if Tenant so elects, to have such equipment reinstalled following completion of such renovation. Landlord shall have the right to require that Tenant use Landlord’s DAS infrastructure provider to connect to the DAS and to perform any required removal and/or reinstallation of any DAS equipment in the Premises; and
(j) access to the Premises 24 hours per day, 7 days per weekweek during the entire Term: (i) HVAC service in the respective seasons during Business Hours in a manner consistent with the furnishing of same by other landlords of first class mixed use office and laboratory buildings in Philadelphia and providing a temperature range of 72º Fahrenheit (+/- 2 º); (ii) electricity for lighting and equipment for comparable mixed use office and laboratory buildings in the market in which the Project is located; (iii) water, 365 days per yearsewer, and, to the extent applicable to the Building, gas service; (iv) steam during the period of October 15 through April 15 of each year during the Term; and (v) cleaning services meeting the minimum specifications set forth in Exhibit D attached hereto. Tenant, at Tenant’s expense, shall make arrangements with the applicable utility companies and public bodies to provide, in Tenant’s name, telephone, cable, and any other utility service not provided by Landlord that Tenant desires at the Premises.
(b) Landlord shall not be obligated to furnish any services, supplies, or utilities other than as set forth in this Lease; provided, however, upon Tenant’s prior request sent in accordance with Section 25(o) below, Landlord may furnish additional services, supplies, or utilities, in which case Tenant shall pay to Landlord, immediately upon demand, Landlord’s then-current charge for such additional services, supplies, or utilities, or Tenant’s pro rata share thereof, if applicable, as reasonably determined by Landlord.
(c) Notwithstanding anything to the contrary in this Lease, at its sole cost and expense Tenant shall cause all laboratory areas of the Premises to be cleaned and ensure the proper disposal of all Hazardous Materials in compliance with all applicable Laws, and Landlord shall have no responsibility for any of the foregoing.
Appears in 1 contract
Sources: Lease (Spark Therapeutics, Inc.)
Landlord Services. From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”):
(a) heat, ventilation and air-conditioning to the Office Premises from 8:00 a.m. to 6:00 p.m. on each during Business Day and from 8:00 a.m. to 1:00 p.m. on Saturdays that are not Holidays, Hours in accordance with the design specifications set forth in Exhibit F attached hereto at no cost to Tenant (other than by way of inclusion in Operating Expenses)hereto; if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by 3:00 1:00 p.m. of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by 1:00 p.m. of the immediately preceding Business Day (each such notice under clause (i) or clause (ii), an “HVAC Overtime Notice”)Day, and Tenant shall pay to Landlord upon within 30 days after demand Landlord’s then established charges therefor, which charges as presently in effect are set forth on Exhibit H attached hereto and are based on the actual costs to Landlord, without profit or ▇▇▇▇-up, to provide such services and shall be subject to increase or decrease to the extent of Landlord’s actual increase or decrease in the cost of providing such services; provided, that (Ax) Tenant shall be subject to a 4 hour minimum charge for any such overtime heat, ventilation and air-conditioning services service unless such overtime service is requested for a period of time immediately preceding or immediately following Business Hours on a Business Day, in which case Tenant shall be entitled to request a minimum of 1 full hour of such overtime service and (y) to the following hours extent that any of Landlord’s costs of providing such overtime service are attributable to the provision of such overtime service to both Tenant and another tenant or occupant of the Building, Tenant shall only be responsible for its pro rata share (determined based on the respective rentable square footages of the spaces to which such service is being provided) of such cost(s);
(i) subject to service changes due to emergency and necessary maintenance, (1) for Tenant’s non-exclusive use and benefit, the north passenger elevators serving the Office Premises and designated as P-01 and P-06 (the “Free Overtime HoursShared Low-Rise Elevators”) shall be provided to and (2) for Tenant’s exclusive use and benefit, the passenger elevators serving the Office Premises at no cost to Tenant and designated as ▇-▇▇, ▇-▇▇, ▇-▇▇, ▇-▇▇, ▇-▇▇, ▇-▇▇, P-09 and P-10 (other than by way of inclusion in Operating Expenses): from 6:00 p.m. on each Business Day to 1:00 a.m. on collectively, the following day (whether or not such following day is a Business Day“Exclusive Low-Rise Elevators”), from 1:00 p.m. to 6:00 p.m. on Saturdays that are not Holidaysin each case, and from 8:00 a.m. to 6:00 p.m. on Sundays that are not Holidays and (B) for so long in accordance with the specifications attached hereto as Tenant is a Justworks Tenant, Landlord shall provide overtime heating, ventilation and air-conditioning services during Free Overtime Hours without Tenant delivering any HVAC Overtime Notice; Tenant may give HVAC Overtime Notices up to 1 month prior to the date on which Tenant is requesting overtime heat, ventilation and air-conditioning services;
(b) intentionally omitted;
(c) (i) passenger elevator service to each floor of the Premises Exhibit G at all times during Business Hours on Business Days, with at least 3 passenger elevators 2 Shared Low-Rise Elevators or Exclusive Low-Rise Elevators subject to call at all other times and times;
(ii) freight elevator and loading dock service to the Premises on a first comefor Tenant’s non-first served basis exclusive use and benefit; provided, that (i.e.1) so long as Tenant leases at least 10 floors of the Office Premises initially demised under this Lease, no advance scheduling) from 8:00 a.m. to 5:00 p.m. on Business Days Tenant shall have exclusive use of the freight elevator designated as S-03 (the “Exclusive Freight HoursElevator”), ) and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor (provided, that Tenant must reserve after-hours freight for a minimum of 1 hour if 2) with respect to such hour is contiguous to Freight Hours or a minimum of 4 hours if such hours are not contiguous to Freight Hours); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding the foregoing, there shall be no charge to Tenant for the first 300 hours of overtime freight elevator usage by Tenant in connection with the Initial Tenant Work and Tenant’s initial move-in to the Premises;
(d) reasonable quantities of hot and cold water to the floor(s) on which the Premises are located for core lavatory, drinking, ordinary pantry and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet with shut-off valve and pressure reducing valve (as required) located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water (if Tenant requires heated water), as well as the cost of piping and supplying such water from the core of the Building to the location in the Premises where such water is needed, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of water for such other purposes (i.e., purposes other than for core lavatory, drinking, ordinary pantry and cleaning purposes) in which event Tenant shall reimburse Landlord on demand for the quantities of water shown on such meters, at Landlord’s cost therefor (including costs for sewer rents and taxes) plus 3%;
(e) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment at a level of not less than 6 ▇▇▇▇▇ demand load per useable square foot of the Premises (exclusive of electricity for the base Building HVAC system); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s reasonable judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises and the cost to bring such power to the Premises, including, installing any necessary additional equipment or distribution systems to distribute such power within the Premises; and
(f) cleaning services on Business Days in accordance with Exhibit D attached hereto. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (i) extra cleaning work in the Premises required because of (A) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non standard materials or finishes installed in the Premises and/or (D) the use of the Premises service other than during Business Hours on Business Days, and (iiA) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D; Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; Landlord shall instruct Landlord’s cleaning contractor (a) to perform background checks on employees performing cleaning services in the Building and (b) to the extent such background checks are performed, not to assign any individual that has been convicted of, or has pled guilty to, a felony or any other crime of moral turpitude to clean the Premises; provided, that Landlord shall have no liability to Tenant if any cleaning contractor fails to comply with Landlord’s instructions;
(g) up to 25 tons of condenser water per full floor of the Premises for Tenant’s supplemental HVAC system from the common cooling tower unit serving the Building 24 hours a day, 7 days a week, subject to Tenant’s option to reduce the tonnage reserved for Tenant by delivery of notice to Landlord on or before June 30, 2019. Tenant, at Tenant’s cost, shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser, including installing automatic shut off valves to ensure condenser water will only flow through the active HVAC unit; Tenant shall pay for Tenant’s condenser water $0.094 per ton of connected load per hour (Subject to CPI Increases) including any redundant HVAC systems connected to the condenser water riser, which amount shall be payable Landlord within 10 30 days after rendition of a ▇▇▇▇ therefor;
(h) shaft space to accommodate Tenant’s installation and maintenance, at Tenant’s expense, of two 4” conduit for data and telecommunications wiring to the Premises one from each of the two points of entry to the Building through separate paths to the telecommunications closets on each floor of the Premises;
(i) the right to connect, at Tenant’s expense, to the Building distributed antenna system (“DAS”) installed in the Building as of the Effective Date and any replacements thereof installed by Landlord during the Term. During the performance of Tenant’s Initial Work, Landlord shall reasonably cooperate with Tenant to coordinate the installation in the Premises of the necessary equipment for Tenant to connect to the DAS. Landlord shall complete the installation of such equipment prior to the date on which the Initial Tenant Work is complete. During the Term, if Tenant renovates any portion of the Premises and such renovation requires removal of the DAS equipment located on the renovated floor, Tenant shall pay for the cost to remove such equipment and, if Tenant so elects, to have such equipment reinstalled following completion of such renovation. Landlord shall have the right to require that Tenant use demand Landlord’s DAS infrastructure provider to connect to the DAS and to perform any required removal and/or reinstallation of any DAS equipment in the Premises; and
(j) access to the Premises 24 hours per day, 7 days per week, 365 days per year.then established
Appears in 1 contract
Sources: Lease (Coach Inc)
Landlord Services. From and after the date that Tenant first occupies Commencement Date, and throughout the Premises for the conduct Term of Tenant’s businessthis Lease, Landlord shall furnish Tenant with the following services deemed to be included in Fixed Rent except as otherwise expressly set forth herein (collectively, “Landlord Services”):
(a) heat, ventilation and air-conditioning (“HVAC”) to the Premises (other than the Lower Level Premises) from 8:00 a.m. am to 6:00 p.m. 8:00 pm on each Business Day Days and from 8:00 a.m. am to 1:00 p.m. pm on Saturdays that which are not Holidays, in accordance with the design specifications set forth in Exhibit F attached hereto at no cost to Tenant (other than by way of inclusion in Operating Expenses); if hereto. If Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall furnish such overtime service, provided that Tenant shall request such overtime service (i) in the case of by 2:00 pm on a Business Day, upon receiving notice from Tenant by 3:00 p.m. of Day when overtime is requested for such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by 1:00 p.m. 2:00 pm of the immediately preceding Business Day (each such notice under clause (i) when overtime service is requested for a non-Business Day. There shall be a one hour minimum requirement for overtime HVAC service immediately before 8:00 am or clause (ii), an “HVAC Overtime Notice”), following 8:00 pm on a Business Day and immediately before 8:00 am or after 1:00 pm on Saturdays immediately following a Business Day and a four hour minimum at any other time. Tenant shall pay to Landlord upon within thirty (30) days after demand Landlord’s then established charges therefor; providedwith reasonably supporting documentation, that one hundred fifty dollars (A$150.00) any such overtime heat, ventilation and air-conditioning services requested per hour for the following hours first floor for which overtime HVAC is requested and seventy five dollars ($75.00) per hour for each additional floor for which overtime HV AC is requested, as such dollar amounts shall be increased annually by the percentage increase in the “Free Overtime Hours”) CPI over the Base CPI” with a review by Landlord every five years during the Term to ensure that Tenant is paying market rates for comparable buildings for delivering such services. Tenant acknowledges and agrees that the electricity used to operate the HVAC units in the Premises during all hours shall be provided by Landlord on a submetered basis pursuant to the provisions of Section 2.06 hereof and paid by Tenant as Additional Rent in accordance with Section 2.06 hereof. Notwithstanding anything to the contrary set forth in this Lease, (i) Tenant shall be responsible for delivering HVAC to the Lower Level Premises at no cost to Tenant (other than by way of inclusion in Operating Expenses): from 6:00 p.m. on each Business Day to 1:00 a.m. on the following day (whether or not such following day is a Business Day), from 1:00 p.m. to 6:00 p.m. on Saturdays that are not Holidays, and from 8:00 a.m. to 6:00 p.m. on Sundays that are not Holidays and (Bii) for so long as Tenant is a Justworks Tenantthe Building HVAC system(s) and related equipment on floors 4 through 10 of the Building shall not generate sounds, Landlord shall provide overtime heatingnoise, ventilation and air-conditioning services during Free Overtime Hours without Tenant delivering any HVAC Overtime Notice; Tenant may give HVAC Overtime Notices up to 1 month prior to or vibration at levels which exceed NC-40 when at least ten feet away from the date on which Tenant is requesting overtime heat, ventilation and air-conditioning services;Building’s mechanical rooms.
(b) intentionally omitted;
(c) (iA) passenger elevator service to each floor of the Premises at all times (including one passenger elevator that goes from the ground floor to the lower level of the Building of which the Lower Level Premises are a part) during Business Hours on Business DaysDays in the Building consistent with the service provided in comparable first class midtown Manhattan office buildings, with at least 3 three (3) passenger elevators subject to call at all other times and (iiB) freight elevator and loading dock service to the Premises accessibility on a non-exclusive, first come-first served basis (i.e., no advance scheduling), subject to Landlord’s reasonable determination of availability, during the hours (herein, the “Freight Elevator Business Hours”) from of 8:00 a.m. to 5:00 12:00 p.m. and 1:00 p.m. to 4:30 p.m. on Business Days (the “Freight Hours”)at no charge, and on a reserved exclusive basis at all other times with a four (4) hour minimum on Saturdays or Sundays and otherwise with a one (1) hour minimum, upon the payment of one hundred twenty five dollars ($125.00) per hour (which dollar amount shall be increased annually by the percentage increase in the “CPI” over the “Base CPI”) within thirty (30) days after Landlord’s then established charges therefor (providedwritten demand, that Tenant must reserve after-hours freight for a minimum subject however to the provisions of 1 hour if such hour is contiguous Exhibit L annexed hereto with respect to Freight Hours or a minimum of 4 hours if such hours are not contiguous to Freight Hours); Tenant’s use Work.
(c) Reasonable quantities of all elevators shall be on a nondomestic hot (at 105-exclusive basis; notwithstanding the foregoing, there shall be no charge to Tenant for the first 300 hours of overtime freight elevator usage by Tenant in connection with the Initial Tenant Work and Tenant’s initial move-in 120 degrees Fahrenheit) water to the Premises;
(d) base building lavatories in the Premises and reasonable quantities of hot and domestic cold water to the floor(sPremises for (i) on which base building lavatories, (ii) pantries within the Premises are located Premises, and (iii) for core lavatory, drinking, ordinary pantry and use by Landlord to provide cleaning purposes only; if services in accordance with the specifications annexed hereto as Exhibit G. If Tenant requires domestic water for any other purpose, including without limitation for the Dining Facility, Landlord shall furnish cold water at the Building core riser through a two inch (2”) capped outlet with shut-off valve and pressure reducing valve (as required) located on the floor on which the Premises is located (within to which Tenant may at Tenant’s sole cost, connect and the core cost of distributing such water from the Building), capped outlet and the cost of heating such water (if Tenant requires heated water), as well as the cost of piping and supplying such water from the core of the Building to the location in the Premises where such water is needed, shall be paid by Tenant; ’s sole responsibility. Landlord may install and maintain, at Tenant’s expense, meters meter(s) to measure Tenant’s consumption of cold water for such other purposes (i.e., purposes other than for core lavatory, drinking, ordinary pantry and cleaning purposes) in which event Tenant shall reimburse Landlord on demand for the quantities of cold water shown on such metersmeter(s), at within ten (10) Business Days following Landlord’s cost therefor (including costs for sewer rents and taxes) plus 3%written demand;
(ed) electric energy on at a submetered basis through presently level of not less than six (6) ▇▇▇▇▇ demand load at the panel per usable square foot contained in the Premises (exclusive of electricity for the Building HVAC system, but for the avoidance of doubt, inclusive of any supplemental HVAC installed electric facilities by Tenant) for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment at (the “Maximum Electric Load”). If Tenant submits a level of not less than 6 ▇▇▇▇▇ demand load per useable square foot letter and reasonably demonstrates the need for power in excess of the Premises (exclusive of electricity for the base Building HVAC system); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders Maximum Electric Load and subject to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled availability of such additional power required to any unallocated power available in the Building unless, in Landlord’s reasonable judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any supply such additional power, Landlord will assist Tenant in procuring such excess power, at Tenant’s sole cost and expense. Tenant shall pay Landlord upon within ten (10) Business Days following Landlord’s written demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises and the cost of installing additional risers, meters, switches and related equipment necessary to bring provide such power to additional power.
(e) Access through the junction box installed by Landlord in the core electric closets in the Premises, includingto an independent emergency power system (the “EPS”) by way of pathways and risers designated by Landlord and reasonably approved by Tenant, installing any necessary additional equipment or distribution systems to distribute such provide backup lighting to the Premises in the event of loss of normal power within supply, in the amount of one-quarter (1⁄4) watt per usable square foot of the Premises (the “Maximum EPS Load”). Tenant shall be responsible at Tenant’s cost and expense to make the connections to the EPS from the Premises; and
. Should Tenant require additional backup power from the EPS in excess of the Maximum EPS Load, then provided Tenant reasonably demonstrates the need for power in excess of the Maximum Electric Load and subject to the availability of such additional power (f) cleaning services on Business Days in accordance with Exhibit D attached heretoLandlord’s sole discretion), Landlord shall make available to Tenant additional power from the EPS System, provided Tenant shall at Tenant’s cost do such core drilling and run such additional risers as may be necessary for Tenant to utilize such additional backup power. Tenant shall pay to Landlord on within ten (10) Business Days following Landlord’s written demand therefor, as and when Fixed Rent is payable hereunder, for the costs incurred by Landlord for (i) extra cleaning work in the Premises required because availability of (A) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non standard materials or finishes installed in the Premises and/or (D) the use of the Premises other than during Business Hours on Business Days, and (ii) removal from the Premises and the Building of any refuse of Tenant such additional emergency power in excess of that ordinarily accumulated in business office occupancythe Maximum EPS Load, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding Fifty Dollars ($50.00) per kilowatt per month as such amount shall be increased annually by the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D; Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water percentage increase in the Premises reasonably required to clean “CPI” over the Premises; Landlord shall instruct Landlord’s cleaning contractor (a) to perform background checks on employees performing cleaning services in the Building “Base CPI.” Tenant acknowledges and (b) to the extent such background checks are performed, not to assign any individual that has been convicted of, or has pled guilty to, a felony or any other crime of moral turpitude to clean the Premises; provided, agrees that Landlord shall have no liability to Tenant if in the event of any cleaning contractor fails failure of the EPS and Tenant hereby indemnifies and holds Landlord harmless from any costs, expenses, loss or liability resulting from Tenant’s connections to comply with Landlord’s instructions;the EPS.
(gf) up access to 25 tons of condenser water per full floor of the Premises for Tenant’s supplemental HVAC system from the common cooling tower unit serving and the Building 24 twenty-four (24) hours a day, 7 seven (7) days a week, subject to Force Majeure or Casualty, and except as otherwise expressly set forth in the terms of this Lease and subject to Landlord’s reasonable security measures for the Building; and
(g) Landlord shall provide cleaning services to the Premises (other than the areas of the Lower Level Premises which are not used for office space) on Business Days in accordance with the specifications set forth on Exhibit G attached hereto. Tenant shall have the right to contract directly with Landlord’s cleaning contractor providing the services specified on Exhibit G, for additional cleaning services.
(h) If Tenant shall install a supplemental HVAC system (the “Supplemental HVAC System”) within the Premises as part of Tenant’s option to reduce Work which utilizes condenser water, then within twenty-four (24) months after Tenant has commenced business operations at the tonnage reserved for Premises, Tenant by delivery of notice shall deliver to Landlord a written notice specifying the amount of condenser water Tenant will require to operate the Supplemental HY AC System, then provided that such amount shall not exceed two hundred thirty-one (231) tons, Landlord shall furnish such condenser water to Tenant and Tenant may distribute such condenser water throughout the Premises. The cost of such condenser water as well as the cost of piping and other equipment or facilities required to distribute the condenser water within the Premises shall be paid by Tenant. If Tenant fails to deliver such notice, Landlord cannot guaranty the quantity of condenser water that will be made available to Tenant. Subject to the terms of this Lease, Tenant shall pay as Additional Rent all reasonable, actual, out-of-pocket charges incurred by Landlord as the result of Tenant’s installation and use of the Supplemental HVAC System, and Tenant shall pay Landlord for the condenser water used in connection with the supplemental HVAC system at a rate of Six Hundred Dollars ($600) per ton per annum used, as such amount shall be increased annually by the percentage increase in the “CPI” over the “Base CPI” provided that in no event shall Tenant be liable for tap-in or hook-up fees.
(i) The Building will have a restricted-access program for all tenants and their employees and visitors which shall initially consist of a combination of controlled electronic access (i.e., turnstiles), electronic surveillance to monitor and record Building activity on a 24-hour basis and uniformed security guards. Tenant employees shall be issued iPhone or before June 30Android based digital credentials that will enable access into the lobby areas and to the elevators. Tenant shall be entitled to 2500 identification credentials (which may be a card or a phone application) without cost, 2019. Tenantbut any identification credentials in excess of that amount shall be provided by Landlord, at Tenant’s cost. Landlord shall have installed a security management system in the Building which will include, (A) an access control and alarm monitoring system that will provide (i) electronic card control for perimeter entry; (ii) multiple access control options for turnstiles; (iii) physical key or wireless battery-operated electronic locks for back of house; (iv) alarm monitoring of the perimeter and selected interior areas of the Building; and (v) a photo identification and barcode badging system; (B) a visitor management system; and (C) closed circuit television. The Building security management system described hereunder shall perform all necessary work be monitored from the Building security office during the day hours and install all required equipment from the security desk workstations on a 24-hour, 7-day basis. Tenant acknowledges that (x) Landlord, in agreeing to permit arrange for the security programs specified above, does not ensure the security of the Building, and (y) accordingly, Tenant remains responsible for making the Alterations in, and adopting procedures for, the Premises that Tenant considers adequate to tap into Landlord’s condenser water riser, including installing automatic shut off valves to ensure condenser water will only flow through the active HVAC unit; Tenant shall pay provide for Tenant’s condenser water $0.094 per ton security. Tenant also agrees that the means of connected load per hour (Subject implementing the services described in this clause 3.0l(i) may be modified over time and from time to CPI Increases) including any redundant HVAC systems connected time as older methods become obsolete and more effective technologies become available as reasonably required to the condenser water riser, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor;
(h) shaft space to accommodate Tenant’s installation and maintenance, consistent with services offered by other first class office buildings. Tenant agrees that Tenant is responsible at Tenant’s expense, of two 4” conduit sole expense for data controlling and telecommunications wiring to securing access into its Premises from the elevators and throughout the Premises one from each (including the Lower Level Premises) and Landlord shall have no responsibility in connection therewith.
(j) The Building will feature a bike room at ground level (current capacity is seventy-six (76) bicycles). Bike room use is on a first come first served basis. Should the bike room be at capacity, Tenant shall have the ability to bring bikes into its Premises by utilizing the freight elevator. From and after the date that the bike room has been completed and is open and available for use by the tenants of the two points of entry to the Building through separate paths to the telecommunications closets on each floor of the Premises;
(i) Building, Landlord shall have the right to connectrelocate the bike room within the Building at any time, and from time to time, in Landlord’s sole discretion, on thirty (30) days prior notice, provided that the relocated bike room shall be substantially similar to its predecessor in terms of size and accessibility. Landlord shall have the bike room ready for Tenant’s use by September 1, 2020. Tenant shall have the right, at its election, to utilize the bike room towards LEED certification.
(k) Landlord shall provide a Building Management system (the “BMS”) to monitor all Building Systems. Tenant shall have the right, at Tenant’s expense, to connect Tenant’s monitoring system to the Building distributed antenna system BMS, provided that Tenant shall use Landlord’s designated contractor to make such connections.
(“DAS”l) installed Should Landlord determine, in its sole discretion, to construct a parking garage in the Building as lower level of the Effective Date and any replacements thereof installed by Landlord during the Term. During the performance of Tenant’s Initial WorkBuilding, Landlord shall reasonably cooperate with make available to Tenant five (5) parking spaces within any such garage, without charge to coordinate the installation Tenant. Nothing contained in this subsection 3.01(1) shall be construed to obligate Landlord to construct any garage in the Premises Building, or if Landlord should construct such garage, to operate, repair or maintain such garage.
(m) Landlord intends to provide conference room and lounge facilities on the ground floor of the necessary equipment for Tenant Building (the “Amenity Space”) which shall be available to connect all tenants of the Building on a first come first serve basis and on a pay per use basis subject to the DASestablished charges therefor. Landlord shall complete the installation of such equipment prior to From and after the date on which that the Initial Tenant Work Amenity Space has been completed and is complete. During open and available for use by the Term, if Tenant renovates any portion tenants of the Premises and such renovation requires removal of the DAS equipment located on the renovated floorBuilding, Tenant shall pay for the cost to remove such equipment and, if Tenant so elects, to have such equipment reinstalled following completion of such renovation. Landlord shall have the right to require relocate the Amenity Space, in Landlord’s sole discretion, on thirty (30) days prior notice, provided that the relocated Amenity Space shall be substantially similar to its predecessor, including, without limitation, with respect to size, accessibility, and scope of amenities. Nothing contained in this Subsection 3.0l(m) shall be construed to obligate Landlord to maintain the Amenity Space or to operate or repair the Amenity Space, except as provided in the immediately following sentence. Should Landlord elect to discontinue providing the Amenity Space, then prior to discontinuing providing the Amenity Space, Landlord shall notify Tenant of that election, and unless within sixty (60) days after the date of such notice, Tenant shall then be paying or shall agree to pay Landlord $265,000 per annum or the difference between $265,000 and what Tenant is then paying (the “Amenity Space Payment”) for the use of such Amenity Space, whether by way of memberships, pay-per-use or other payment, Landlord may discontinue providing the Amenity Space. The Amenity Space Payment shall increase each year on the anniversary of the Commencement Date by an amount equal to 2.5% of the amount of the prior year’s Amenity Space Payment.
(n) Landlord will furnish 40 tons of condenser water to the Lower Level Premises for Tenant’s use in providing HVAC to the Lower Level Premises. The cost of piping and other equipment or facilities required to distribute the condenser water within the Lower Level Premises shall be paid by Tenant. The provisions of subsection 3.0l(h) with respect to supply of additional tonnage and the cost thereof to Tenant shall apply with respect to any additional condenser water Tenant may request for use in the Lower Level Premises. Should Tenant use Landlord’s DAS infrastructure provider the HVAC in the Lower Level Premises during hours other than from 8:00 am to connect 8:00 pm on Business Days and 8:00 am to 1:00 pm on Saturdays which are not Holidays, the provisions of subsection 3.0l(a) shall apply with respect to the DAS and to perform any required removal and/or reinstallation of any DAS equipment in the Premises; and
(j) access to the Premises 24 hours per day, 7 days per week, 365 days per year.pro
Appears in 1 contract
Sources: Lease (Peloton Interactive, Inc.)
Landlord Services. From and after the date that Tenant first occupies the Premises Except as otherwise herein provided, Landlord will pay for the conduct water utilized in operating any and all facilities serving the Leased Premises, and in addition, subject to Tenant's performance of Tenant’s businessits obligations hereunder, Landlord shall will use all reasonable efforts to furnish Tenant with Tenant, while occupying the following services (collectively, “Landlord Services”):Leased Premises:
(a) heatCold and hot water at those points of supply provided for general use of other tenants in the building, ventilation central heat and air-conditioning air conditioning, at such times as Landlord normally furnishes these services to other tenants in the Building, and at such temperatures and in such amounts as are considered by Landlord to be sufficient, (or at temperatures otherwise required by law), janitor services on a five (5) day week basis, electric current, routine maintenance, painting and electric lighting service for all public areas and special service areas to the Premises Building the manner and to the extent deemed by Landlord to be sufficient. Failure by Landlord to any extent to furnish these defined services, or any interruption or cessation thereof, resulting from 8:00 a.m. causes beyond the control of Landlord, shall not render Landlord liable in any respect for injury or damages to 6:00 p.m. on each Business Day and either persons or property, nor shall such event be construed as an eviction of Tenant, nor work an abatement of rent, nor relieve Tenant from 8:00 a.m. fulfillment of any covenant or agreement hereof. Should any of the equipment or machinery break down, or for any cause cease to 1:00 p.m. on Saturdays that are not Holidaysfunction property. Landlord shall use reasonable diligence to repair the same promptly, in accordance with the design specifications set forth in Exhibit F attached hereto at no cost to Tenant (other than by way of inclusion in Operating Expenses); if but Tenant shall require heat, ventilation have no claim for rebate of rent or air conditioning services at damages on account of any other times, Landlord shall furnish such interruptions in service (i) in the case of a Business Day, upon receiving notice from Tenant by 3:00 p.m. of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by 1:00 p.m. of the immediately preceding Business Day (each such notice under clause (i) occasioned thereby or clause (ii), an “HVAC Overtime Notice”), and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor; provided, that (A) any such overtime heat, ventilation and air-conditioning services requested for the following hours (the “Free Overtime Hours”) shall be provided to the Premises at no cost to Tenant (other than by way of inclusion in Operating Expenses): from 6:00 p.m. on each Business Day to 1:00 a.m. on the following day (whether or not such following day is a Business Day), from 1:00 p.m. to 6:00 p.m. on Saturdays that are not Holidays, and from 8:00 a.m. to 6:00 p.m. on Sundays that are not Holidays and (B) for resulting therefrom so long as Tenant is a Justworks Tenant, Landlord shall provide overtime heating, ventilation have reasonable access to and air-conditioning services during Free Overtime Hours without Tenant delivering any HVAC Overtime Notice; Tenant may give HVAC Overtime Notices up to 1 month prior to use of the date on which Tenant is requesting overtime heat, ventilation and air-conditioning services;Leased Premises,
(b) intentionally omitted;Landlord shall provide adequate electrical facilities to furnish power for Tenant's business requirements to include, but not be limited to, typewriters, voice writers, calculating machines, computers, printers, facsimile machines, copiers and other machines of similar low electrical consumption; provided, however, that Tenant shall bear any utility costs, including, without limitation, air conditioning costs occasioned by electro-data processing machines, date processing equipment, other machines of high electrical consumption, special lighting in excess of building standard, and any other item of electrical equipment which (singly) consumes more than 0.5 kilowatts at rated capacity or requires voltage other 120 volts single phase. To the extent permitted by law before or during the term of this lease, Landlord, at its option, may cause a water meter or electric current meter or such similar device to be installed on the Leased Premises so as to measure the amount of water and electric current consumed by Tenant, The cost of any such meters and of installation, maintenance, and repair thereof shall be paid for by Tenant and Tenant agrees to pay to Landlord, promptly upon demand by Landlord, for all such excess water and electric expense incurred. If a separate meter is not installed or Landlord is prevented from installing a separate meter by operation of law, such excess cost for such water and electric current will be established by an estimate made by the utility company, electrical engineer, or an independent consultant, which estimate shall be binding on Tenant.
(c) (i) passenger elevator service Tenant shall have 20 general parking spaces and 2 covered reserved parking spaces. Landlord reserves the right to each floor of the Premises at all times during Business Hours on Business Days, with at least 3 passenger elevators subject to call at all other times and (ii) freight elevator and loading dock service to the Premises on a first come-first served basis (i.e., no advance scheduling) from 8:00 a.m. to 5:00 p.m. on Business Days (the “Freight Hours”), and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor (provided, that Tenant must reserve after-hours freight for a minimum of 1 hour if such hour is contiguous to Freight Hours or a minimum of 4 hours if such hours are not contiguous to Freight Hours); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding the foregoing, there shall be no charge to Tenant for the first 300 hours of overtime freight elevator usage by Tenant in connection with the Initial Tenant Work and Tenant’s initial move-in to the Premises;
(d) reasonable quantities of hot and cold water to the floor(s) on which the Premises are located for core lavatory, drinking, ordinary pantry and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet with shut-off valve and pressure reducing valve (as required) located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water (if Tenant requires heated water), as well as the cost of piping and supplying such water from the core of the Building to designate the location in the Premises where of such water is needed, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of water for such other purposes (i.e., purposes other than for core lavatory, drinking, ordinary pantry and cleaning purposes) in which event Tenant shall reimburse Landlord on demand for the quantities of water shown on such meters, at Landlord’s cost therefor (including costs for sewer rents and taxes) plus 3%;
(e) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment at a level of not less than 6 ▇▇▇▇▇ demand load per useable square foot of the Premises (exclusive of electricity for the base Building HVAC system); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s reasonable judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for spaces. For each additional amp of power or portion thereof provided to the Premises and the cost to bring such power to the Premises, including, installing any necessary additional equipment or distribution systems to distribute such power within the Premises; and
(f) cleaning services on Business Days in accordance with Exhibit D attached heretoparking space. Tenant shall pay to Landlord on demand ( as Additional Rent hereunder) the costs incurred sum of $ 0 or a total sum of $ 0 per month for all parking spaces provided by Landlord for (i) extra cleaning work to Tenant. It is specifically agreed and understood that Tenant and all employees and agents of Tenant will park in the Premises required because of (A) carelessnessareas designated by Landlord, indifference, misuse or neglect on the part of and that Tenant, its subtenants or their respective employees or visitorsand agents shall not park On the area at the front of the Building, (B) interior glass partitions or an unusual quantity inasmuch as these areas are intended specifically for visitors of interior glass surfaces, (C) non standard materials or finishes installed the tenants in the Premises and/or (D) building. For the use benefits of all tenants in the Premises other than during Business Hours on Business DaysBuilding, and (ii) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancyLandlord at Landlord's sole discretion, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D; Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to useissue parking stickers to Tenants and Tenant's employees and agents, without charge thereforso that the vehicles belonging to tenants of the Building can be distinguished from those belonging to visitors and invitees at the Building. Landlord, all lightas a service to the tenants of the Building, power shall use reasonable efforts to enforce these regulations, and water in shall have the Premises reasonably required authority to clean cause vehicles owned by tenants at the Premises; Landlord shall instruct Landlord’s cleaning contractor Building (aincluding the Tenant) to perform background checks on employees performing cleaning services in be towed away at the Building and (b) to the extent such background checks are performed, not to assign any individual that has been convicted of, or has pled guilty to, a felony or any other crime of moral turpitude to clean the Premises; provided, that Landlord shall have no liability to Tenant if any cleaning contractor fails to comply with Landlord’s instructions;
(g) up to 25 tons of condenser water per full floor expense of the Premises for Tenant’s supplemental HVAC system from the common cooling tower unit serving the Building 24 hours a day, 7 days a week, subject to Tenant’s option to reduce the tonnage reserved for Tenant by delivery of notice to Landlord on or before June 30, 2019. Tenant, at Tenant’s cost, shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser, including installing automatic shut off valves to ensure condenser water will only flow through the active HVAC unit; Tenant shall pay for Tenant’s condenser water $0.094 per ton of connected load per hour (Subject to CPI Increases) including any redundant HVAC systems connected to the condenser water riser, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor;
(h) shaft space to accommodate Tenant’s installation and maintenance, at Tenant’s expense, of two 4” conduit for data and telecommunications wiring to the Premises one from each of the two points of entry to the Building through separate paths to the telecommunications closets on each floor of the Premises;
(i) the right to connect, at Tenant’s expense, to the Building distributed antenna system (“DAS”) installed in the Building as of the Effective Date and any replacements thereof installed by Landlord during the Term. During the performance of Tenant’s Initial Work, Landlord shall reasonably cooperate with Tenant to coordinate the installation in the Premises of the necessary equipment for Tenant to connect to the DAS. Landlord shall complete the installation owner of such equipment prior to the date on which the Initial Tenant Work tenant parking. It is complete. During the Termspecifically agreed and understood that except as provided for herein above, if Tenant renovates any portion of the Premises and such renovation requires removal of the DAS equipment located on the renovated floor, Tenant shall pay for the cost to remove such equipment and, if Tenant so elects, to have such equipment reinstalled following completion of such renovation. Landlord shall have the right sole discretion of designating parking spaces in areas at the Building and in charging fees for parking at the Building, Tenant shall not charged for use of their parking spaces as noted above. The rules and regulations pertaining to require that Tenant use Landlord’s DAS infrastructure provider parking at the Building shall be subject to connect change from time to the DAS and time, according to perform any required removal and/or reinstallation of any DAS equipment such changes as published by Landlord in the Premises; and
(j) access rules and regulations of the Building, or otherwise. Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating, and electrical systems, unless such maintenance and repairs are necessitated in part or in whole by the act. neglect, fault, or omissions of Tenant, its agents, servants, employees, or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord or its agents shall rot be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or properties resulting from fire, explosion, falling plaster. steam, gas. electricity, water or rain which may leak from any part of the Building or from the pipes, appliances, or plumbing works therein or from the roof, street, or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due CO the gross negligence or willful misconduct of Landlord, its agents, servants or employees. Landlord or its agents shall not be liable for loss of business by Tenant, nor for any consequential damages, nor shall Landlord be liable for any latent defect in the Leased Premises 24 hours per day, 7 days per week, 365 days per yearor the Building except to repair such defect. Tenant shall give prompt notice to Landlord in case of fire or accident in or on the Leased Premises or in the Building or of defects therein. Landlord shall not be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric Service or other utility service is changed or is no longer available or is no longer suitable for Tenant's requirements.
Appears in 1 contract
Landlord Services. From and after the date Occupancy Date (it being agreed that any other provision of services by Landlord to Tenant first occupies prior to such time shall be in accordance with the Premises for provisions of the conduct of Tenant’s businessDCA), Landlord shall furnish Tenant the Premises, or the applicable portions of the Premises as the case may be, with the following services (collectively, except to the extent Tenant has elected to Self-Perform the same in accordance with Section 3.03, and as modified from time to time pursuant to the Reduced or Increased Premises Operational Mechanism, the “Landlord Services”), the cost of which shall be included in Operating Expenses (except as otherwise expressly set forth herein):
(a) heat, ventilation and air-conditioning (i) heat to the Premises from 8:00 a.m. to 6:00 p.m. on each during Business Day and from 8:00 a.m. to 1:00 p.m. on Saturdays that are not Holidays, Hours in accordance with the design specifications set forth in Exhibit F attached hereto at no cost the Upgraded Basis of Design (as defined in the DCA). Landlord shall endeavor to install the equipment and software required for Tenant (other than by way of inclusion in Operating Expenses); if Tenant shall require heat, ventilation or air conditioning services to have the ability to request heat at any other times, Landlord shall furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by 3:00 p.m. of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by 1:00 p.m. of the immediately preceding Business Day (each such notice under clause (i) or clause (ii), an “HVAC Overtime Notice”), and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor; provided, that (A) any such overtime heat, ventilation and air-conditioning services requested for the following hours (the “Free Overtime Hours”) shall be provided to the Premises at no cost to Tenant (other than by way of inclusion in Operating Expenses): from 6:00 p.m. on each Business Day to 1:00 a.m. on the following day (whether or not such following day is a Business Day), from 1:00 p.m. to 6:00 p.m. on Saturdays that are not Holidays, and from 8:00 a.m. to 6:00 p.m. on Sundays that are not Holidays and (B) for so long as Tenant is a Justworks Tenant, Landlord shall provide overtime heating, ventilation and air-conditioning services during Free Overtime Hours without Tenant delivering any HVAC Overtime Notice; Tenant may give HVAC Overtime Notices up to 1 month prior to the date on which Tenant is requesting overtime heat, ventilation and air-conditioning services;
(b) intentionally omitted;
(c) (i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least 3 passenger elevators subject to call at all other times and (ii) freight elevator and loading dock service to the Premises on a first come-first served basis (i.e., no advance scheduling) from 8:00 a.m. to 5:00 p.m. on Business Days (the “Freight Hours”), and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor (provided, that Tenant must reserve after-hours freight for a minimum of 1 hour if such hour is contiguous to Freight Hours or a minimum of 4 hours if such hours are not contiguous to Freight Hours); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding the foregoing, there shall be no charge to Tenant for the first 300 hours of overtime freight elevator usage by Tenant in connection with the Initial Tenant Work and Tenant’s initial move-in to the Premises;
(d) reasonable quantities of hot and cold water to the floor(s) on which the Premises are located for core lavatory, drinking, ordinary pantry and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet with shut-off valve and pressure reducing valve (as required) located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water (if Tenant requires heated water), as well as the cost of piping and supplying such water from the core of the Building to the location in the Premises where such water is needed, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of water for such other purposes (i.e., purposes other than for core lavatory, drinking, ordinary pantry and cleaning purposes) in which event Tenant shall reimburse Landlord on demand for the quantities of water shown on such meters, at Landlord’s cost therefor (including costs for sewer rents and taxes) plus 3%;
(e) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment at a level of not less than 6 ▇▇▇▇▇ demand load per useable square foot of the Premises (exclusive of electricity for the base Building HVAC system); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s reasonable judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises and the cost to bring such power to the Premises, including, installing any necessary additional equipment or distribution systems to distribute such power within the Premises; and
(f) cleaning services on Business Days in accordance with Exhibit D attached hereto. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (i) extra cleaning work in the Premises required because of (A) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non standard materials or finishes installed in the Premises and/or (D) the use of the Premises time other than during Business Hours on Business Days(“After Hours Heat”) through the use of Tenant’s BMS System or other automated system, and (ii) removal from provided, if the Premises and the Building provision of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoingsuch system is not feasible, Landlord shall not be required to clean any portions furnish After Hours Heat within one hour of the Premises used for preparation, serving or consumption of food or beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D; Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; Landlord shall instruct Landlord’s cleaning contractor (a) to perform background checks on employees performing cleaning services in the Building and (b) to the extent such background checks are performed, not to assign any individual that has been convicted of, or has pled guilty to, a felony or any other crime of moral turpitude to clean the Premises; provided, that Landlord shall have no liability to Tenant if any cleaning contractor fails to comply with Landlord’s instructions;
(g) up to 25 tons of condenser water per full floor of the Premises for Tenant’s supplemental HVAC system from the common cooling tower unit serving the Building 24 hours a day, 7 days a week, subject to Tenant’s option to reduce the tonnage reserved for Tenant by delivery receipt of notice (which may be to a Building property manager or concierge, in either case designated by Landlord on or before June 30as the responsible person, 2019and may be given in advance as a standing request) from Tenant. Tenant, at Tenant’s cost, shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser, including installing automatic shut off valves to ensure condenser water will only flow through the active HVAC unit; Tenant shall pay the Actual Cost, if any, for any additional equipment or software required to be installed to enable Tenant to request After Hours Heat through the use of Tenant’s condenser water $0.094 per ton BMS System or other automated system. For purposes of connected load per hour (Subject to CPI Increasesthis Section 3.01(a) including any redundant HVAC systems connected only, Tenant may deliver notices for such overtime services by e-mail to the condenser water riserdesignated e-mail address of Landlord’s building manager. Tenant’s consumption of heat shall be measured by BTU meters installed, which amount maintained and replaced as set forth in the Metering Schedule, and the Actual Costs thereof, including taxes imposed by governmental authorities and any incremental Actual Costs associated with meter reading shall be payable within 10 30 days after rendition of a ▇▇▇▇ Tenant receives an invoice and reasonable supporting documentation therefor;
(h) shaft space to accommodate Tenant’s installation and maintenance, at Tenant’s expense, of two 4” conduit for data and telecommunications wiring to the Premises one from each of the two points of entry to the Building through separate paths to the telecommunications closets on each floor of the Premises;
(i) the right to connect, at Tenant’s expense, to the Building distributed antenna system (“DAS”) installed in the Building as of the Effective Date and any replacements thereof installed by Landlord during the Term. During the performance of Tenant’s Initial Work, Landlord shall reasonably cooperate with Tenant to coordinate the installation in the Premises of the necessary equipment for Tenant to connect to the DAS. Landlord shall complete the installation of such equipment prior to the date on which the Initial Tenant Work is complete. During the Term, if Tenant renovates any portion of the Premises and such renovation requires removal of the DAS equipment located on the renovated floor, Tenant shall pay for the cost to remove such equipment and, if Tenant so elects, to have such equipment reinstalled following completion of such renovation. Landlord shall have the right to require that Tenant use Landlord’s DAS infrastructure provider to connect to the DAS and to perform any required removal and/or reinstallation of any DAS equipment in the Premises; and
(j) access to the Premises 24 hours per day, 7 days per week, 365 days per year.
Appears in 1 contract
Sources: Lease (BlackRock Inc.)
Landlord Services. From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”):
(a) heat, ventilation and air-conditioning to the Premises from 8:00 a.m. to 6:00 p.m. on each Business Day and from 8:00 a.m. to 1:00 p.m. on Saturdays that are not Holidays, in accordance with the design specifications set forth in Exhibit F attached hereto at no cost to Tenant (other than by way of inclusion in Operating Expenses); if 17.01 Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by 3:00 p.m. of such Business Day have access to and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by 1:00 p.m. of the immediately preceding Business Day (each such notice under clause (i) or clause (ii), an “HVAC Overtime Notice”), and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor; provided, that (A) any such overtime heat, ventilation and air-conditioning services requested for the following hours (the “Free Overtime Hours”) shall be provided to the Premises at no cost to Tenant (other than by way of inclusion in Operating Expenses): from 6:00 p.m. on each Business Day to 1:00 a.m. on the following day (whether or not such following day is a Business Day), from 1:00 p.m. to 6:00 p.m. on Saturdays that are not Holidays, and from 8:00 a.m. to 6:00 p.m. on Sundays that are not Holidays and (B) for so long as Tenant is a Justworks Tenant, Landlord shall provide overtime heating, ventilation and air-conditioning services during Free Overtime Hours without Tenant delivering any HVAC Overtime Notice; Tenant may give HVAC Overtime Notices up to 1 month prior to the date on which Tenant is requesting overtime heat, ventilation and air-conditioning services;
(b) intentionally omitted;
(c) (i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least 3 passenger elevators subject to call at all other times and (ii) freight elevator and loading dock service to the Premises on a first come-first served basis (i.e., no advance scheduling) from 8:00 a.m. to 5:00 p.m. on Business Days (the “Freight Hours”), and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor (provided, that Tenant must reserve after-hours freight for a minimum of 1 hour if such hour is contiguous to Freight Hours or a minimum of 4 hours if such hours are not contiguous to Freight Hours); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding the foregoing, there shall be no charge to Tenant for the first 300 hours of overtime freight elevator usage by Tenant in connection with the Initial Tenant Work and Tenant’s initial move-in to the Premises;
(d) reasonable quantities of hot and cold water to the floor(s) on which the Premises are located for core lavatory, drinking, ordinary pantry and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet with shut-off valve and pressure reducing valve (as required) located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water (if Tenant requires heated water), as well as the cost of piping and supplying such water from the core of the Building to the location in the Premises where such water is needed, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of water for such other purposes (i.e., purposes other than for core lavatory, drinking, ordinary pantry and cleaning purposes) in which event Tenant shall reimburse Landlord on demand for the quantities of water shown on such meters, at Landlord’s cost therefor (including costs for sewer rents and taxes) plus 3%;
(e) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment at a level of not less than 6 ▇▇▇▇▇ demand load per useable square foot of the Premises (exclusive of electricity for the base Building HVAC system); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s reasonable judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises and the cost to bring such power to the Premises, including, installing any necessary additional equipment or distribution systems to distribute such power within the Premises; and
(f) cleaning services on Business Days in accordance with Exhibit D attached hereto. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (i) extra cleaning work in the Premises required because of (A) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non standard materials or finishes installed in the Premises and/or (D) the use of the Premises other than during Business Hours on Business Days, and (ii) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D; Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; Landlord shall instruct Landlord’s cleaning contractor (a) to perform background checks on employees performing cleaning services in the Building and (b) to the extent such background checks are performed, not to assign any individual that has been convicted of, or has pled guilty to, a felony or any other crime of moral turpitude to clean the Premises; provided, that Landlord shall have no liability to Tenant if any cleaning contractor fails to comply with Landlord’s instructions;
(g) up to 25 tons of condenser water per full floor of the Premises for Tenant’s supplemental HVAC system from the common cooling tower unit serving the Building their entirety 24 hours a day, 7 days a week, 365 days a year (“24/7/365”). All services to be provided by Landlord under this Lease shall be provided 24/7/365. Landlord shall provide a dedicated property manager during Business Hours, who shall be on call 24/7/365, with direct contact information for use by Tenant after Business Hours. At Tenant’s option, upon request to Landlord, such property manager shall be stationed at and work from an office on-site at the Premises.
17.02 Landlord shall maintain and operate heating, ventilation and air conditioning apparatus (“HVAC”) sufficient to maintain a comfortable temperature in the Premises for general office use and the particular requirements of Tenant’s Intended Use, and in accordance with the performance specifications set forth on Exhibit F (the “HVAC Specifications”) and in accordance with the operational criteria set forth in the Construction Documents. Landlord will ensure that the HVAC system(s), including all controls and related components, are in good operating condition on the Commencement Date. Tenant shall have the ability to control the HVAC system(s) to provide for a comfortable temperature throughout the Premises during the hours that Tenant requires HVAC use. Landlord covenants to meet the HVAC Specifications at all times during the Lease Term.
17.03 Landlord shall at all times during the Lease term repair, operate and maintain the Building in a manner consistent with other Class A office and laboratory buildings in the Wilmington, Delaware area. Without limiting the generality of the foregoing, but subject to the limitations set forth in Section 5, Landlord will provide at its cost, subject to reimbursement as Operating Expense: (i) janitorial services for the entire Premises, consistent in time and scope with other Class A office and laboratory buildings in the Wilmington, Delaware area, and in accordance with the specifications set forth on Exhibit G attached hereto and made a part hereof or such other specifications as provided by Tenant’s option ; provided, however, that Tenant may, at its option, elect to reduce contract for janitorial services directly in whole or in part, in which case, the tonnage reserved costs of janitorial services contracted for directly by Tenant by delivery shall not be included in Operating Expenses; (ii) hot and cold water sufficient for drinking, lavatory, toilet and ordinary cleaning purposes; (iii) electricity as provided in Section 17.04; (iv) replacement of notice to Landlord on or before June 30lighting tubes, 2019. lamp ballasts and bulbs; (v) extermination and pest control when necessary, reasonably coordinated with Tenant, at Tenant’s costelection; (vi) maintenance, shall perform repairs and replacements of the roof, structural components of the Building and all necessary work building systems including, without limitation, the Building HVAC system(s), plumbing, electrical, elevators and install all required other systems and equipment to permit Tenant to tap into Landlord’s condenser water riserin the Building; and (vii) maintenance of exterior areas surrounding the Building in a first class manner consistent with other Class A buildings in the Wilmington, Delaware area, including installing automatic shut off valves monument signage, lighting, snow removal, lawn care, landscaping, parking lot and sidewalk maintenance, repair and replacement.
17.04 Landlord will furnish electricity (subject to ensure condenser water will only flow through the active HVAC unit; provisions of Section 5.02) for lighting the Premises, operating a data center, operating machinery and equipment selected from time to time by Tenant shall pay for use in the Premises, including, without limitation, in laboratory, vivarium and general office space. The specifications for Tenant’s condenser water $0.094 per ton electric requirements are set forth in the Basis of connected load per hour Design and Test Fit Documentation and incorporated into the Construction Documents.
17.05 Landlord shall operate and maintain the freight and passenger elevators that are located inside the Premises on the Effective Date, all of which shall at all times comply with industry standards for wait times and travel times; provided, however, the operation of any of the elevators may be interrupted or suspended for reasonable periods of time for periodic repairs, maintenance or replacements; provided further, in all events at least one (Subject to CPI Increases1) including passenger elevator must be in normal operation at all times.
17.06 Landlord shall not be responsible or liable for, and, except as hereinafter provided, Tenant agrees that there shall be no abatement of rent in the event of any redundant HVAC systems connected failure, interruption, or suspension in quantity or quality of, heat, air conditioning, cleaning, electricity, or elevator service, or any other services, resulting from Tenant’s acts or omissions or causes beyond Landlord’s reasonable control; provided, however to the condenser water riserextent such failure, which amount interruption or suspension is caused by Landlord’s act, negligence or willful misconduct and such failure, interruption or suspension renders the Premises reasonably unsuitable, as reasonably determined by Landlord’s Architect in consultation with Tenant, recognizing the particular requirements of Tenant’s Intended Use, for the conduct of the Intended Use, Rent shall be payable within 10 days after rendition of a ▇▇▇▇▇ therefor;
(h) shaft space to accommodate if such suspension or inadequacy is not corrected within 72 hours and shall continue until the Premises are reasonably suitable for the Intended Use. Such abatement shall be Tenant’s installation sole remedy for such failure, interruption or suspension; provided, however, in any and maintenanceall instances, Landlord covenants to exercise commercially reasonable efforts to eliminate the cause of interruption and to effect restoration of service, and, in either event, Landlord shall give Tenant reasonable notice, when practicable, of the commencement and anticipated duration of such interruption.
17.07 Landlord represents and warrants that the Building parking area(s) located on the Leased Land, as depicted on Exhibit A-2, shall at all times contain the Parking Allotment, as defined in Basic Lease Provision “P.” Tenant, its employees and invitees shall comply with the regulations promulgated by Landlord from time to time relating to parking; provided Landlord gives Tenant prior written notice of such regulations and an opportunity to implement the same; and provided, further, that such regulations do not result in additional, material financial or operational obligations for Tenant. Landlord shall not be required to reserve or police the use of the Parking Areas; provided that Landlord may, at its option, limit access to the Parking Areas, by mechanical gates or otherwise, to ensure that only authorized users are admitted to the Parking Areas. Tenant, its employees and invitees shall not park in any spaces designated for use by the handicapped, unless legally permitted to do so. Tenant, its employees, guests and invitees shall have exclusive use of the Parking Areas except for incidental use by Landlord, its agents, employees or contractors.
17.08 Landlord shall reasonably cooperate to provide any such additional services as Tenant reasonably requests, it being understood that the actual, out of pocket cost of any such services shall be borne by Tenant as Operating Expenses.
17.09 Tenant acknowledges that Landlord intends to engage a company to manage and operate the Building and Premises (the “Management Company”), which Management Company shall, in all instances, manage and operate the Building in a first class and cost competitive manner; provided that such engagement shall not relieve Landlord from its obligations under this Lease. The initial Management Company is set forth in Basic Lease Provision M. The fee paid to the Management Company may be included in Operating Expenses, subject to the limitations set forth in Section 5.03 of this Lease. Tenant shall have the right to approve any replacement Management Company, which approval shall not be unreasonably withheld, conditioned or delayed, provided that such Management Company shall be a reputable, regionally-recognized property manager experienced in managing suburban office and laboratory properties in the tri-state market, and Tenant shall have the right, at Tenant’s expenseoption, to replace the Management Company with a Management Company of two 4” conduit for data and telecommunications wiring Tenant’s choosing in the event of a Landlord default in the provision of services pursuant to Section 17. In the event that Tenant replaces the Management Company pursuant to the Premises one from each of prior sentence, Tenant shall have the two points of entry option to cause Landlord to engage such replacement manager or for Tenant to directly engage such replacement manager. In the Building through separate paths to event that Tenant directly engages the telecommunications closets on each floor of the Premises;
(i) the right to connectmanager, at Tenant’s expenseno further management fees may be included by Landlord in Operating Expenses. Any replacement Management Company must be a reputable, to the Building distributed antenna system (“DAS”) installed regionally-recognized property manager experienced in managing suburban office and laboratory properties in the Building as tri-state market. Any such Management Company directly contracted by Tenant shall perform all management services in accordance with the requirements of this Lease, and Landlord shall not be responsible for the Effective Date and any replacements thereof installed Management Company’s performance of management responsibilities under the management contract (including responsibility for delays in Landlord’s performance wholly attributable to delays by the Management Company); provided, however, nothing herein shall relieve the Landlord during the Term. During of the performance of Tenant’s Initial Work, Landlord shall reasonably cooperate with Tenant to coordinate the installation in the Premises of the necessary equipment for Tenant to connect to the DAS. Landlord shall complete the installation of such equipment prior to the date on which the Initial Tenant Work is complete. During the Term, if Tenant renovates any portion of the Premises and such renovation requires removal of the DAS equipment located on the renovated floor, Tenant shall pay for the cost to remove such equipment and, if Tenant so elects, to have such equipment reinstalled following completion of such renovationlandlord obligations hereunder. Landlord shall have the right to require that approve any replacement Management Company if Landlord shall be the contracting party, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant use Landlord’s DAS infrastructure provider to connect to the DAS and to perform any required removal and/or reinstallation must give Landlord sixty (60) days (or such lesser period of any DAS equipment in the Premises; and
(jtime as may be specified by Tenant if such lesser period of time does not cause a breach by Landlord under its then existing property management agreement) access to the Premises 24 hours per day, 7 days per week, 365 days per yearprior written notice of such replacement.
Appears in 1 contract
Sources: Lease Agreement (Incyte Corp)
Landlord Services. From (a) Subject to Section 5 and after the date that Tenant first occupies the Premises for the conduct of Tenant’s businessSection 6, Landlord shall furnish Tenant with provide the following services (collectively, “Landlord Services”):
(a) heat, ventilation and air-conditioning to the Premises from 8:00 a.m. during the Term, all in a manner commensurate with that of owners of other first-class office buildings in the Hern▇▇▇ ▇▇▇a: (i) HVAC service in the respective seasons during Business Hours; provided HVAC service to 6:00 p.m. on each Business Day and from 8:00 a.m. to 1:00 p.m. the Premises on Saturdays that are not Holidayswill be provided only upon Tenant’s prior request to Landlord received no later than noon on the preceding business day; (ii) electricity (a minimum of five and one-half (5.5) watt▇ ▇▇▇ rentable square foot, excluding Building standard HVAC service and lighting) for lighting and standard office equipment for comparable buildings in accordance with the design market in which the Project is located; (iii) water, sewer, and, to the extent applicable to the Building, gas, oil, and steam service; (iv) replacement of bulbs, tubes and ballasts in all building standard light fixtures; (v) interior and exterior window cleaning; and (vi) cleaning services meeting the minimum specifications set forth in Exhibit F D attached hereto at no cost hereto. Landlord will allow an employee to Tenant (other than by way space ratio of inclusion in Operating Expenses); if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by 3:00 p.m. of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by 1:00 p.m. of the immediately preceding Business Day (each such notice under clause (i) or clause (ii), an “HVAC Overtime Notice”), and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor1:150 rentable square feet leased; provided, that (A) any such overtime heathowever, ventilation and air-conditioning services requested for if Tenant’s density occupancy triggers additional improvements to restrooms and/or the following hours (the “Free Overtime Hours”) HVAC system, then Tenant shall be provided to the Premises at no cost to Tenant (other than by way of inclusion in Operating Expenses): from 6:00 p.m. on each Business Day to 1:00 a.m. on the following day (whether or not such following day is a Business Day), from 1:00 p.m. to 6:00 p.m. on Saturdays that are not Holidays, and from 8:00 a.m. to 6:00 p.m. on Sundays that are not Holidays and (B) responsible for so long as Tenant is a Justworks Tenant, Landlord shall provide overtime heating, ventilation and air-conditioning services during Free Overtime Hours without Tenant delivering any HVAC Overtime Notice; Tenant may give HVAC Overtime Notices up to 1 month prior to the date on which Tenant is requesting overtime heat, ventilation and air-conditioning services;
(b) intentionally omitted;
(c) (i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least 3 passenger elevators subject to call at all other times and (ii) freight elevator and loading dock service to the Premises on a first come-first served basis (i.e., no advance scheduling) from 8:00 a.m. to 5:00 p.m. on Business Days (the “Freight Hours”), and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor (provided, that Tenant must reserve after-hours freight for a minimum of 1 hour if such hour is contiguous to Freight Hours or a minimum of 4 hours if such hours are not contiguous to Freight Hours); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding the foregoing, there shall be no charge to Tenant for the first 300 hours of overtime freight elevator usage by Tenant in connection with the Initial Tenant Work and Tenant’s initial move-in to the Premises;
(d) reasonable quantities of hot and cold water to the floor(s) on which the Premises are located for core lavatory, drinking, ordinary pantry and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet with shut-off valve and pressure reducing valve (as required) located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water (if Tenant requires heated water), as well as the cost of piping and supplying such water from the core of the Building to the location in the Premises where such water is needed, shall be paid by improvements. Tenant; Landlord may install and maintain, at Tenant’s expense, meters shall make arrangements with the applicable utility companies and public bodies to measure provide, in Tenant’s consumption of water for such name, telephone, cable, and any other purposes utility service not provided by Landlord that Tenant desires at the Premises.
(i.e.b) Landlord shall not be obligated to furnish any services, purposes supplies, or utilities other than for core lavatoryas set forth in this Lease; provided, drinkinghowever, ordinary pantry and cleaning purposes) in which event Tenant shall reimburse Landlord on demand for the quantities of water shown on such meters, at Landlord’s cost therefor (including costs for sewer rents and taxes) plus 3%;
(e) electric energy on a submetered basis through presently installed electric facilities for upon Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment at a level of not less than 6 ▇▇▇▇▇ demand load per useable square foot of the Premises (exclusive of electricity for the base Building HVAC system); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s reasonable judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises and the cost to bring such power to the Premises, including, installing any necessary additional equipment or distribution systems to distribute such power within the Premises; and
(f) cleaning services on Business Days prior request sent in accordance with Exhibit D attached hereto. Section 25(p) below, Landlord may furnish additional services, supplies, or utilities, in which case Tenant shall pay to Landlord, within 30 days after demand, Landlord’s then-current charge for such additional services, supplies, or utilities, or Tenant’s pro rata share thereof, if applicable, as reasonably determined by Landlord. Landlord’s current rate for HVAC service outside of Business Hours requested with at least 24 hours’ prior notice (or by noon for weekend service) is $55.00 per hour, per zone, with a 2-hour minimum if the service does not commence immediately following the end of a day’s Business Hours.
(c) On the Commencement Date, Landlord on demand shall deliver the costs incurred by Landlord for following in good working order: (i) extra cleaning work base Building structural systems and exterior; (ii) the roof system; (iii) all mechanical, HVAC, plumbing (water and sewage), life/fire/safety, and electrical systems which are connected to, providing services to, or part of the Premises; and (iv) all Common Area elevators.
(i) At Tenant’s sole cost and expense and provided there is no Event of Default, Tenant (but not any subtenant) shall have nonexclusive access during the Term to Tenant’s Share of the area of the roof of the Building designated by Landlord as specified for antennas, in designated areas mutually agreed upon for the Premises required because purpose of installation of Tenant’s communication equipment, supplemental HVAC units and/or satellite dishes (collectively, including any and all special cabling associated therewith, the “Roof Equipment”) provided: (A) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, Roof Equipment does not impact Landlord’s roof warranty; (B) interior glass partitions or an unusual quantity of interior glass surfaces, the Roof Equipment complies with all applicable Laws; (C) non standard materials Tenant obtains Landlord’s prior written consent thereto, including without limitation approval of (1) the placement of the Roof Equipment, (2) any roof penetrations, (3) an elevation or finishes installed in representational drawing of what the Premises and/or Roof Equipment will look like when mounted to the roof of the Building, and (4) a specific scope of work from Tenant’s contractor; (D) Landlord shall have the use of right, at any time and from time to time, to require Tenant to relocate the Premises other than during Business Hours on Business Days, Roof Equipment to another location specified by Landlord; and (iiE) removal from Tenant removes the Premises Roof Equipment and restores the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning timesroof to its original condition prior to the Surrender Date. Notwithstanding the foregoingIf Landlord determines it to be reasonably necessary, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D; Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; Landlord shall instruct Landlord’s cleaning contractor (a) to perform background checks on employees performing cleaning services in the Building and (b) to the extent such background checks are performed, not to assign any individual that has been convicted of, or has pled guilty to, a felony or any other crime of moral turpitude to clean the Premises; provided, that Landlord shall have no liability to Tenant if any cleaning contractor fails to comply with Landlord’s instructions;
(g) up to 25 tons of condenser water per full floor of the Premises for Tenant’s supplemental HVAC system from the common cooling tower unit serving the Building 24 hours a day, 7 days a week, subject to Tenant’s option to reduce the tonnage reserved for Tenant by delivery of notice to Landlord on or before June 30, 2019. Tenant, at Tenant’s cost, shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser, including installing automatic shut off valves to ensure condenser water will only flow through the active HVAC unit; Tenant shall pay for Tenant’s condenser water $0.094 per ton of connected load per hour (Subject to CPI Increases) including any redundant HVAC systems connected to the condenser water riser, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor;
(h) shaft space to accommodate Tenant’s installation and maintenancerequire, at Tenant’s expense, that a structural engineering report be prepared prior to Landlord’s approval of two 4” conduit for data and telecommunications wiring to the Premises one from each of the two points of entry to the Building through separate paths to the telecommunications closets on each floor of the Premises;
(i) the right to connectany proposed Roof Equipment. If not then adequately screened, Tenant shall, at Tenant’s expense, screen the Roof Equipment on all sides, which screening shall be subject to Landlord’s prior reasonable approval including, without limitation, the Building distributed antenna system (“DAS”) installed in the Building as materials and appearance of the Effective Date screening. The Roof Equipment is deemed Tenant’s Property and any replacements thereof installed by Landlord during shall be for the Term. During the performance sole benefit of Tenant, relate specifically to Tenant’s Initial Work, Landlord shall reasonably cooperate with Tenant to coordinate the installation in the Premises use of the necessary equipment Premises, and not be used as a switching station, amplification station, or by other tenants or third parties. Tenant is solely responsible for all costs associated with the installation, maintenance, and removal of the Roof Equipment.
(ii) Tenant shall make a request for approval of the Roof Equipment by submission of specific plans and specifications for the work to connect to the DASbe performed. Landlord shall complete respond in writing within 10 business days after receipt of the installation same, advising Tenant of such equipment prior approved contractors and those portions of the work that are acceptable and disapproving those portions of the work that are, in Landlord’s judgment, reasonably exercised, unacceptable and with respect to the date on which plans, specifically detailing the Initial Tenant Work is complete. During the Term, if Tenant renovates any portion nature of the Premises and such renovation requires removal of the DAS equipment located on the renovated floor, Tenant shall pay for the cost to remove such equipment and, if Tenant so elects, to have such equipment reinstalled following completion of such renovationLandlord’s objection. Landlord shall have the right to require that separately meter the Roof Equipment for electricity or to cause Tenant use to separately meter the Roof Equipment for electricity, in either case, at Tenant’s expense, and, in such case, Tenant shall pay as Additional Rent the electricity charges for the Roof Equipment directly to Landlord or to the electricity provider, as Landlord shall reasonably determine. Tenant shall pay to Landlord within 30 days after Landlord sends Tenant an invoice therefor, all reasonable costs actually incurred by Landlord in connection with Landlord’s DAS infrastructure provider to connect review and inspection of Tenant’s plans for the Roof Equipment and the installation thereof.
(iii) Tenant shall be responsible for procuring all licenses and permits that may be required for the installation, use, or operation of the Roof Equipment, and Landlord makes no warranties or representations as to the DAS permissibility or the permittability of the Roof Equipment under any applicable Law. Prior to installing the Roof Equipment, Tenant will deliver to Landlord reasonable evidence of Tenant’s having obtained all consents or approvals required by any applicable Laws.
(iv) Tenant shall be solely responsible for all damages caused by the Roof Equipment, the removal of the Roof Equipment, and the restoration of the roof prior to the Surrender Date, unless directed in writing by Landlord otherwise. Tenant shall protect, defend, indemnify, and hold harmless Landlord and all Landlord Indemnitees from and against any and all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses, and costs (including, without limitation, sums paid in settlement of claims, attorneys’ fees, consultant fees, and expert fees and court costs) arising out of or from or related to the construction, installation, maintenance, use, or removal of the Roof Equipment. The Additional Insureds shall be named as additional insureds on all Tenant insurance relating to the Roof Equipment. All installation, repair, replacement, and modification of the Roof Equipment shall be coordinated with Landlord, use only contractors approved in writing by Landlord, and be in accordance with all applicable Laws and Landlord’s construction rules and regulations for the Building. Tenant shall: (A) construct and maintain the Roof Equipment in good working order and construct, maintain and operate the Roof Equipment in compliance with all applicable Laws; (B) install, utilize and operate the Roof Equipment in accordance with the specifications reasonably approved by Landlord as provided above and any governmental authorities that approved its installation; (C) construct the Roof Equipment in accordance with all Building rules and regulations and any other reasonable regulations promulgated by Landlord pertaining to construction in or on the Building by third-party contractors; and (D) physically label or otherwise mark all of Tenant’s cables for easy identification by Landlord.
(v) Landlord has advised Tenant that other parties (including, without limitation, other tenants of the Building) have certain rights to erect communications systems on the roof of the Building. Landlord shall have the right for itself and to perform permit other parties (including, without limitation, current and future tenants) to use portions of the roof for communications equipment or for any required removal other use so long as such use does not unreasonably interfere with Tena▇▇’▇ ▇se. Landlord, at no expense to Landlord, shall make commercially reasonably efforts to minimize interference (but Landlord does not guaranty that there will not be any interference) with Tenant’s use of its Roof Equipment by other tenants’ equipment on the roof of the Building. Tenant covenants that it will not use its Roof Equipment in a manner that will interfere with Landlord’s and/or reinstallation any other party’s (including, without limitation, any current or future tenant’s) use of the roof of the Building for communications equipment or for any DAS equipment in other use as such use exists on the Premises; andday on which Tenant begins to operate its Roof Equipment.
(jvi) access Tenant acknowledges that Landlord might decide, from time to time, to repair or replace the roof of the Building (“Roof Repairs”). If Landlord elects to make Roof Repairs, Tenant shall, upon Land▇▇▇▇’▇ ▇equest, temporarily remove its Roof Equipment so that the Roof Repairs may be accomplished. If Tenant fails to so temporarily remove its Roof Equipment, the cost of removing and reinstalling the Roof Equipment shall be paid by Tenant as Additional Rent within 30 days after receipt of an invoice therefor. Landlord shall not be liable to Tenant for any damages, lost profits, or other costs or expenses incurred by Tenant as the result of the Roof Repairs.
(vii) Landlord will not charge Tenant rent for the space occupied by the Roof Equipment throughout the Term. Tenant will pay Landlord, as Additional Rent within 30 days after receipt of an invoice therefor, for all expenses incurred by Landlord arising from any damage caused to the Premises 24 hours per dayBuilding in connection with the installation, 7 days per weekmaintenance, 365 days per yearoperation, or removal of the Roof Equipment and all special cabling associated therewith.
Appears in 1 contract
Landlord Services. (a) From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s businessbusiness (except with respect to elevator service described in Section 3.01(a)(iii), water described in Section 3.01(a)(iv) and electric service described in Section 3.01(a)(v), from and after the Commencement Date), Landlord shall furnish Tenant with the following services in accordance with the standards applicable to First Class Office Buildings (collectively, “Landlord Services”):
(ai) heat, ventilation and air-conditioning heat to the Premises from 8:00 a.m. to 6:00 p.m. on each Business Day and from 8:00 a.m. to 1:00 p.m. on Saturdays that are not Holidays, substantially in accordance with the design specifications set forth attached hereto as Exhibit D attached hereto during Business Hours on Business Days from October 15 through April 15 (the “Heating Season”); for the avoidance of doubt, heat to the Premises during Tenant’s performance of Tenant’s Initial Alterations shall be temperate and otherwise consistent with the heat provided to tenants occupying space in the Building. Water-cooled packaged AC units (collectively, the “AC Units”) shall be installed by Landlord as part of Landlord’s Additional Work (as more particularly described in Exhibit F C attached hereto), together with all necessary piping, valve connections and a tie-in point for the main supply duct (it being understood that Tenant shall be responsible, at Tenant’s expense, to connect its distribution system to the AC Units and to distribute air conditioning throughout the applicable floor of the Premises), in a machine room on each floor of the Premises as specifically shown on Tenant’s plans for Tenant’s Initial Alterations. Condenser water shall be furnished and distributed to each AC Unit on each floor of the Premises to permit such AC Unit to provide cool and tempered air (“air-conditioning”) substantially in accordance with the specifications attached hereto at no cost to as Exhibit D attached hereto during Business Hours on Business Days. If Tenant (other than by way of inclusion in Operating Expenses); if Tenant shall require heatrequires heating, ventilation or air air-conditioning services at any during hours other timesthan Business Hours, Landlord shall furnish such service services initially at the rates set forth on Exhibit E attached hereto (isubject to increase as set forth in Section 3.01(e)) to Tenant at Tenant’s expense; provided, that if Landlord simultaneously furnishes such services to another Building tenant or tenants whose premises are in the case same zone of the HVAC system as the Premises, the cost thereof shall be pro rated between or among Tenant and such tenant or tenants, based upon the ratio which Tenant and each such other tenant(s) rentable square footage bears to the total rentable square footage of Tenant and such other tenant(s). Within thirty (30) days after receipt of Landlord’s demand therefor, Tenant shall pay to Landlord, as Additional Charges, any amount due to Landlord pursuant to the terms of this Section 3.01(a)(i). Landlord shall not be responsible for any failure to supply air-conditioning at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any room or other area of the Premises by reason of any machinery or equipment installed therein by Tenant, or which has a Business Dayhuman occupancy factor in excess of one person per 100 usable square feet. Tenant agrees to cooperate fully with Landlord at all times and to abide by all regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of said air-conditioning system, upon receiving notice which regulations and requirements do not (except to a de minimis extent) increase Tenant’s obligations hereunder or reduce Landlord’s obligations or Tenant’s rights hereunder. Landlord shall supply fresh air to the Premises in accordance with applicable Laws and shall provide Tenant with access to fresh air from Tenant by 3:00 p.m. the Premises 24 hours a day, 7 days a week. With respect to any floor of the Building on which the Premises is located but the Premises do not constitute the entire rentable area of such Business Day floor, Landlord, at its cost and as an Operating Expense, shall maintain the regular service of the AC Units, and with respect to any portion of the Building on which the Premises is located and does constitute the entire rentable area of such floor, Tenant, at its cost, shall contract for and maintain throughout the Term regular service of the AC Units and related equipment with a recognized maintenance company reasonably acceptable to Landlord and shall forward to Landlord duplicate originals of such contract and all renewals and modifications thereof. Such contract shall include the thorough monthly maintenance of the AC Units, the terms of which shall be subject to Landlord’s reasonable approval.
(ii) steam, if required by Tenant for any additional heating or permitted pantry use, in the case of a day other than a Business Day, upon receiving notice from Tenant by 1:00 p.m. of the immediately preceding Business Day (each such notice under clause (i) or clause (ii), an “HVAC Overtime Notice”), and which event Tenant shall pay to Landlord upon the cost of such steam as well as the cost of piping and other equipment or facilities required to supply steam to and distribute steam within the Premises. Landlord may install and maintain, at Tenant’s reasonable expense, meters to measure Tenant’s consumption of steam and Tenant shall reimburse Landlord, within thirty (30) days after demand therefor, for the quantities of steam shown on such meters, which charges shall be based on Landlord’s then established Building standard charges therefor; provided, that (A) any such overtime heat, ventilation and air-conditioning services requested for the following hours (the “Free Overtime Hours”) shall be provided to the Premises at no cost to Tenant (other than by way of inclusion in Operating Expenses): from 6:00 p.m. on each Business Day to 1:00 a.m. on the following day (whether or not such following day is a Business Day), from 1:00 p.m. to 6:00 p.m. on Saturdays that are not Holidays, and from 8:00 a.m. to 6:00 p.m. on Sundays that are not Holidays and (B) for so long as Tenant is a Justworks Tenant, Landlord shall provide overtime heating, ventilation and air-conditioning services during Free Overtime Hours without Tenant delivering any HVAC Overtime Notice; Tenant may give HVAC Overtime Notices up to 1 month prior to the date on which Tenant is requesting overtime heat, ventilation and air-conditioning services;
(b) intentionally omitted;
(ciii) (iA) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least 3 one passenger elevators elevator subject to call at all other times and (iiB) freight elevator and loading dock service to the Premises on a first come-first served basis (i.e., no advance scheduling) from 8:00 a.m. to 5:00 p.m. during Business Hours on Business Days (the “Freight Hours”)Days, and on a reserved basis at all other times upon the payment of Landlord’s then established Building standard charges therefor (therefor; provided, that Tenant must reserve after-hours freight for a minimum of 1 hour if such hour is contiguous to Freight Hours or a minimum of 4 hours if such hours are not contiguous to Freight Hours); in connection with Tenant’s Initial Alterations and Tenant’s initial move into the Premises, (x) Landlord shall provide Tenant with up to one hundred (100) hours (in the aggregate) of freight elevator service free of charge, to be used by Tenant during non-Business Hours and on non-Business Days and otherwise in accordance with Landlord’s rules and regulations covering freight elevator service, (y) on every calendar day, Tenant shall be entitled to three (3) hours of priority use of one (1) freight elevator cab and the loading dock during non-Business Hours (which use Tenant shall coordinate in advance with Landlord), subject to Landlord’s need for such freight elevator and/or loading dock in the event of an emergency, for Building deliveries or during any period when one or more of the other freight elevators in the Building is not operational on account of repairs and/or maintenance and (z) the freight elevator charges referenced in this clause (iii) shall be $87.50 an hour (and thereafter, Landlord’s then established Building standard charges therefore as described on Exhibit E attached hereto or otherwise). The use of all elevators shall be on a non-exclusive basis; notwithstanding nonexclusive basis (except when the foregoing, there shall be no charge to Tenant for the first 300 hours of overtime freight elevator usage by Tenant is reserved in connection accordance with the Initial Tenant Work provisions of this Lease and Tenant’s initial move-except as otherwise set forth in this clause (iii)) and subject to the Premisescoordination with Landlord;
(div) reasonable quantities of hot and cold water to the floor(s) on which the Premises are located for pantry, core lavatorylavatory (excluding private bathrooms or showers and similar non-customary office usage), drinking, ordinary pantry make up water to the humidifiers serving the Premises and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet with shut-off valve and pressure reducing valve (as required) located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water (if Tenant requires heated water), as well as the cost of Landlord’s then established Building standard charges for piping and supplying such water from the core of the Building to the location in the Premises where such water is neededPremises, shall be paid by TenantTenant within thirty (30) days after receipt of Landlord’s demand therefor; further, if Tenant requires water for any other purpose or in amounts materially in excess of normal office usage, Landlord may install and maintain, at Tenant’s expense, a water meter or meters to and thereby measure Tenant’s consumption of water for such other purposes (i.e., purposes other than for core lavatory, drinking, ordinary pantry and cleaning purposes) in which event . Tenant shall reimburse (i) pay to Landlord on the reasonable cost of any such meters and their installation, (ii) at Tenant’s sole cost and expense, keep any such meters and any such installation equipment in good working order and repair, and (iii) pay to Landlord, as Additional Charges, within thirty (30) days after demand therefor, for the quantities incremental cost of water shown on consumed (such meters, at Landlordcharge to be one hundred five (105%) percent of the actual costs incurred by Landlord with respect to such usage). Landlord shall also maintain and pay all costs associated with the Building’s cost therefor (including costs for sewer rents sewage and taxes) plus 3%sewage connection system;
(eA) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment at a level capacity of not less than 6 eight (8) ▇▇▇▇▇ ▇, demand load load, per useable usable square foot of contained in the Premises (exclusive of electricity for the base Building HVAC system); such electrical capacity shall be supplied via the Building bus duct and shall be available at the Electrical Closets (it being understood that Tenant shall be responsible for bringing such electrical capacity from the Electrical Closets to the Premises); Landlord shall provide a 200 ampere switch, fused at 200 amperes, in each Electrical Closet; in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s reasonable judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises use and the cost to bring such power to thereof shall be paid by Tenant; the Premises, including, installing any necessary additional equipment or distribution systems to distribute such power within the Premises; and
term “Electrical Closets” shall mean (f) cleaning services on Business Days in accordance with Exhibit D attached hereto. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (i) extra cleaning work in the Premises required because of (A) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non standard materials or finishes installed in the Premises and/or (Dx) the use of the Premises other than during Business Hours two (2) electric closets located on Business Days, and (ii) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D; Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; Landlord shall instruct Landlord’s cleaning contractor (a) to perform background checks on employees performing cleaning services in the Building and (b) to the extent such background checks are performed, not to assign any individual that has been convicted of, or has pled guilty to, a felony or any other crime of moral turpitude to clean the Premises; provided, that Landlord shall have no liability to Tenant if any cleaning contractor fails to comply with Landlord’s instructions;
(g) up to 25 tons of condenser water per full floor of the Premises for Tenant’s supplemental HVAC system from the common cooling tower unit serving the Building 24 hours a day, 7 days a week, subject to Tenant’s option to reduce the tonnage reserved for Tenant by delivery of notice to Landlord on or before June 30, 2019. Tenant, at Tenant’s cost, shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser, including installing automatic shut off valves to ensure condenser water will only flow through the active HVAC unit; Tenant shall pay for Tenant’s condenser water $0.094 per ton of connected load per hour (Subject to CPI Increases) including any redundant HVAC systems connected to the condenser water riser, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor;
(h) shaft space to accommodate Tenant’s installation and maintenance, at Tenant’s expense, of two 4” conduit for data and telecommunications wiring to the Premises one from each of the two points of entry to the Building through separate paths to the telecommunications closets on each floor of the Premises;
(i) the right to connect, at Tenant’s expense, to the Building distributed antenna system (“DAS”) installed in the Building as of the Effective Date and any replacements thereof installed by Landlord during the Term. During the performance of Tenant’s Initial Work, Landlord shall reasonably cooperate with Tenant to coordinate the installation in the Premises of the necessary equipment for Tenant to connect to the DAS. Landlord shall complete the installation of such equipment prior to the date on which the Initial Tenant Work is complete. During the Term, if Tenant renovates any portion of the 19th Floor Premises and such renovation requires removal of the DAS equipment 20th Floor Premises and (y) one (1) electric closet located on the renovated floor, Tenant shall pay for the cost to remove such equipment and, if Tenant so elects, to have such equipment reinstalled following completion of such renovation. Landlord shall have the right to require that Tenant use Landlord’s DAS infrastructure provider to connect to the DAS and to perform any required removal and/or reinstallation of any DAS equipment in the 21st Floor Premises; and
(j) access to the Premises 24 hours per day, 7 days per week, 365 days per year.;
Appears in 1 contract
Landlord Services. From and after During the date that Tenant first occupies the Premises for the conduct of Tenant’s businessTerm, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”):
services: (a) heathot and cold water in Building bathrooms and chilled water in Building drinking fountains, ventilation if any; (b) use of the Building Systems, such as then existing feeders and risers, to obtain electrical power from the utility supplier sufficient for lighting the Premises and powering office equipment consuming up to seven (7) w▇▇▇▇ per square foot of Rentable Area of the Premises; (c) heating, ventilating or air-conditioning conditioning, as appropriate, to the Premises from 8:00 a.m. and the Common Areas of the Project, during Business Hours at such temperatures and in such amounts as customarily and seasonally provided to 6:00 p.m. on each Business Day tenants occupying comparable space in first-class office buildings in the surrounding area; (d) electric lighting for the Common Areas of the Project; (e) passenger elevator service, in common with others, for access to and from 8:00 a.m. the Premises twenty-four (24) hours per day, seven (7) day per week; provided, however, that Landlord shall have the right to 1:00 p.m. limit the number of (but not cease to operate all) elevators to be operated after Business Hours and on Saturdays that are not Saturdays, Sundays and Holidays, ; (f) janitorial cleaning services in accordance with the design janitorial specifications set forth in Exhibit F attached hereto at no cost to Tenant as Exhibit F; (other than by way of inclusion in Operating Expenses); if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall furnish such service (ig) in the case of a Business Day, upon receiving notice from Tenant by 3:00 p.m. of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by 1:00 p.m. of the immediately preceding Business Day (each such notice under clause (i) or clause (ii), an “HVAC Overtime Notice”), and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor; provided, that (A) any such overtime heat, ventilation and air-conditioning services requested for the following hours (the “Free Overtime Hours”) shall be provided to the Premises at no cost to Tenant (other than by way of inclusion in Operating Expenses): from 6:00 p.m. on each Business Day to 1:00 a.m. on the following day (whether or not such following day is a Business Day), from 1:00 p.m. to 6:00 p.m. on Saturdays that are not Holidays, and from 8:00 a.m. to 6:00 p.m. on Sundays that are not Holidays and (B) for so long as Tenant is a Justworks Tenant, Landlord shall provide overtime heating, ventilation and air-conditioning services during Free Overtime Hours without Tenant delivering any HVAC Overtime Notice; Tenant may give HVAC Overtime Notices up to 1 month prior to the date on which Tenant is requesting overtime heat, ventilation and air-conditioning services;
(b) intentionally omitted;
(c) (i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least 3 passenger elevators subject to call at all other times and (ii) freight elevator and loading dock service to the Premises on a first come-first served basis (i.e., no advance scheduling) from 8:00 a.m. to 5:00 p.m. on Business Days (the “Freight Hours”), and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor (provided, that Tenant must reserve after-hours freight for a minimum of 1 hour if such hour is contiguous to Freight Hours or a minimum of 4 hours if such hours are not contiguous to Freight Hours); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding the foregoing, there shall be no charge to Tenant for the first 300 hours of overtime freight elevator usage by Tenant in connection with the Initial Tenant Work and Tenant’s initial move-in to the Premises;
(d) reasonable quantities of hot and cold water to the floor(s) on which the Premises are located for core lavatory, drinking, ordinary pantry and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet with shut-off valve and pressure reducing valve (as required) located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water (if Tenant requires heated water), as well as the cost of piping and supplying such water from the core of the Building to the location in the Premises where such water is needed, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of water for such other purposes (i.e., purposes other than for core lavatory, drinking, ordinary pantry and cleaning purposes) in which event Tenant shall reimburse Landlord on demand for the quantities of water shown on such meters, at Landlord’s cost therefor (including costs for sewer rents and taxes) plus 3%;
(e) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable loading, unloading, delivery and pick-up activities, including access thereto during Business Hours, subject to the Rules and Regulations, the type of facilities, and other limitations of such loading facilities; and (h) replacement, as necessary, of all Building standard lamps and ballasts in Building standard light fixtures within the Premises, with Tenant to pay for all bulbs and ballasts and to purchase such bulbs and ballasts solely from Landlord. All services referred to in this Section 7.1 shall be provided by Landlord and paid for by Tenant as part of Tenant’s Operating Costs Payment. At no time shall use of lighting and other electrical fixtures, appliances and equipment at a level of not less than 6 ▇▇▇▇▇ demand load per useable square foot of electricity in the Premises (exclusive of electricity for the base Building HVAC system); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders and risers to or wiring in the Building or the Premises. Any risers or wiring serving the Premisesto meet Tenant’s excess electrical requirements shall, nor shall Tenant upon Tenant’s written request, be entitled to any unallocated power available in the Building unlessinstalled by Landlord, at Tenant’s sole cost, if, in Landlord’s reasonable judgment judgment, the same are necessary and shall not (taking into account i) cause permanent damage or injury to the then existing and future needs of Project, the Building or the Premises, (ii) cause or create a dangerous or hazardous condition, (iii) entail excessive or unreasonable alterations, repairs or expenses or (iv) interfere with or disturb other then existing and future tenants, and other needs tenants or occupants of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises and the cost to bring such power to the Premises, including, installing any necessary additional equipment or distribution systems to distribute such power within the Premises; and
(f) cleaning services on Business Days in accordance with Exhibit D attached hereto. Tenant shall pay to Landlord on demand the costs incurred by Landlord for (i) extra cleaning work in the Premises required because of (A) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non standard materials or finishes installed in the Premises and/or (D) the use of the Premises other than during Business Hours on Business Days, and (ii) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D; Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; Landlord shall instruct Landlord’s cleaning contractor (a) to perform background checks on employees performing cleaning services in the Building and (b) to the extent such background checks are performed, not to assign any individual that has been convicted of, or has pled guilty to, a felony or any other crime of moral turpitude to clean the Premises; provided, that Landlord shall have no liability to Tenant if any cleaning contractor fails to comply with Landlord’s instructions;
(g) up to 25 tons of condenser water per full floor of the Premises for Tenant’s supplemental HVAC system from the common cooling tower unit serving the Building 24 hours a day, 7 days a week, subject to Tenant’s option to reduce the tonnage reserved for Tenant by delivery of notice to Landlord on or before June 30, 2019. Tenant, at Tenant’s cost, shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser, including installing automatic shut off valves to ensure condenser water will only flow through the active HVAC unit; Tenant shall pay for Tenant’s condenser water $0.094 per ton of connected load per hour (Subject to CPI Increases) including any redundant HVAC systems connected to the condenser water riser, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor;
(h) shaft space to accommodate Tenant’s installation and maintenance, at Tenant’s expense, of two 4” conduit for data and telecommunications wiring to the Premises one from each of the two points of entry to the Building through separate paths to the telecommunications closets on each floor of the Premises;
(i) the right to connect, at Tenant’s expense, to the Building distributed antenna system (“DAS”) installed in the Building as of the Effective Date and any replacements thereof installed by Landlord during the Term. During the performance of Tenant’s Initial Work, Landlord shall reasonably cooperate with Tenant to coordinate the installation in the Premises of the necessary equipment for Tenant to connect to the DAS. Landlord shall complete the installation of such equipment prior to the date on which the Initial Tenant Work is complete. During the Term, if Tenant renovates any portion of the Premises and such renovation requires removal of the DAS equipment located on the renovated floor, Tenant shall pay for the cost to remove such equipment and, if Tenant so elects, to have such equipment reinstalled following completion of such renovation. Landlord shall have the right to require that Tenant use Landlord’s DAS infrastructure provider to connect to the DAS and to perform any required removal and/or reinstallation of any DAS equipment in the Premises; and
(j) access to the Premises 24 hours per day, 7 days per week, 365 days per year.
Appears in 1 contract
Sources: Lease Agreement (Calamos Asset Management, Inc. /DE/)
Landlord Services. From and after (x) the date that Tenant first occupies Tranche A Commencement Date, in the Premises for case of the conduct Tranche A Space and (y) the Tranche B Commencement Date, in the case of Tenant’s businessthe Tranche B Space, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”):
(a) heat, ventilation and air-conditioning to the Premises from 8:00 a.m. to 6:00 p.m. on each Business Day to 1:00 a.m. on the following day (whether or not such following day is a Business Day) and from 8:00 a.m. to 1:00 6:00 p.m. on Saturdays that are not Holidays, and Sundays substantially in accordance with the design specifications set forth in Exhibit F G attached hereto at no cost to Tenant (other than by way of inclusion in Operating Expenses)hereto; if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by 3:00 p.m. of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by 1:00 p.m. of the immediately preceding Business Day (and in each case, in the event of an emergency, Tenant shall give to Landlord such notice as may be practicable under clause (i) or clause (ii), an “HVAC Overtime Notice”the circumstances and Landlord shall endeavor to provide same on such shorter notice), and Tenant shall pay to Landlord upon demand Landlord, within 30 days after demand, Landlord’s then established charges therefor; provided, that (A) any such overtime heat, ventilation and air-conditioning services requested for the following hours (the “Free Overtime Hours”) shall be provided therefor which are consistently applied to the Premises at no cost to Tenant (other than by way of inclusion in Operating Expenses): from 6:00 p.m. on each Business Day to 1:00 a.m. on the following day (whether or not such following day is a Business Day), from 1:00 p.m. to 6:00 p.m. on Saturdays that are not Holidays, and from 8:00 a.m. to 6:00 p.m. on Sundays that are not Holidays and (B) for so long as Tenant is a Justworks Tenant, Landlord shall provide overtime heating, ventilation and air-conditioning services during Free Overtime Hours without Tenant delivering any HVAC Overtime Notice; Tenant may give HVAC Overtime Notices up to 1 month prior to the date on which Tenant is requesting overtime heat, ventilation and air-conditioning servicessubstantially all office tenants;
(b) intentionally omittedsteam, if required by Tenant for any additional heating or permitted kitchen use, in which event Tenant shall pay to Landlord the cost of such steam as well as the cost of piping and other equipment or facilities required to supply steam to and distribute steam within the Premises; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of steam and Tenant shall reimburse Landlord for the quantities of steam shown on such meters and Landlord’s charge for the production or purchase of such steam, within 30 days after demand;
(c) (i) passenger elevator service with six cars (which shall be fully operational on the Commencement Date with no activation fee to be paid by Tenant) serving each floor of the Premises at all times during Business Hours on Business Days, Days and with at least 3 one passenger elevators elevator subject to call at all other times times; as part of Landlord’s Work in respect of the Tranche B Space, Landlord shall cause 2 of the elevator cabs in the Building’s “J” bank (which serves the 50th Floor) to stop (on a 24 hour per day, 7 day per week basis) on the 10th Floor and the 11th Floor; Landlord shall not otherwise reconfigure the elevator banks serving the Premises without Tenant’s consent;
(ii) freight elevator and loading dock service to the Premises on a first come-first served basis (i.e.i.e, no advance scheduling) from 8:00 a.m. to 5:00 p.m. during Business Hours on Business Days (the “Freight Hours”)Days, and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor therefor, consistently applied to substantially all office tenants; as of the date of this Lease, such charges are $79.50 per hour;
(provided, that Tenant must reserve after-hours freight for a minimum of 1 hour if such hour is contiguous to Freight Hours or a minimum of 4 hours if such hours are not contiguous to Freight Hours); iii) Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding the foregoing, there shall be no charge to Tenant for the first 300 hours of overtime freight elevator usage by Tenant in connection with the Initial Tenant Work and Tenant’s initial move-in to the Premises;
(d) reasonable quantities of hot and cold water to the floor(s) on which the Premises are located for core lavatory, drinkingpantry, ordinary pantry drinking fountain and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet with shut-off valve and pressure reducing valve (as required) located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water (if Tenant requires heated water), as well as the cost of piping and supplying such water from the core of the Building to the location in the Premises where such water is neededPremises, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of cold water and/or hot water for such other purposes (i.e., purposes other than for core lavatory, drinking, ordinary pantry and cleaning purposes) in which event Tenant shall reimburse Landlord on demand for the quantities of cold water and hot water shown on such meters, at meters based upon the rates paid by Landlord to the City of New York or other provider (including Landlord’s cost therefor (including costs standard charge for sewer rents and taxes) plus 3%the production of such hot water, if produced by Landlord), within 30 days after demand;
(e) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment at a level of not less than 6 ▇▇▇▇▇ demand load per useable usable square foot of space in the Premises (exclusive of electricity for the base Building HVAC system); provided, that Landlord shall provide up to 6 ▇▇▇▇▇ demand load per rentable square foot of space in the Premises (exclusive of electricity for the Building HVAC system) if Tenant can reasonably demonstrate to Landlord in the Plans that Tenant requires or will require such additional electric capacity (such 6 ▇▇▇▇▇ per usable square foot or per rentable square foot, as applicable, is called the “Basic Electricity Amount”). In no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the PremisesPremises (and Landlord represents and warrants to Tenant that the capacity of the existing feeders and risers is sufficient to provide the Basic Electricity Amount), nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s reasonable judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s useuse (provided that if Tenant does not add the additional electric capacity as set forth in the proviso above, and if then Landlord shall in all events make an additional 0.75 ▇▇▇▇▇ demand load per rentable square foot of space in the Premises (exclusive of electricity for the Building HVAC system) available to Tenant promptly following written notice from Tenant). If Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established Landlord, within 30 days after demand, the reasonable market-rate cost of installing additional risers, meters, switches and related equipment necessary to provide such additional power (but there shall be no additional connection charge for each additional amp of power or portion thereof provided charge). In addition to the Premises Basic Electricity Amount, Tenant, by notice given to Landlord on or before the Commencement Date, may elect to tap into the Building’s supplemental electric riser on the 50th Floor and receive on the 50th Floor from such riser up to an additional 175 amps of electricity. If Tenant so elects, Tenant, at Tenant’s expense, in accordance with all applicable provisions of this Lease, shall install all equipment necessary for Tenant to obtain such additional electric power, and Tenant shall pay to Landlord, within 30 days after invoice, a one-time fee of (i) $1,200.00 multiplied by (ii) the number of amps of electricity actually drawn by Tenant from such riser. Subject to any other applicable provisions of this Lease, Tenant may redistribute electric power throughout the Premises; provided, that (A) if Tenant desires to redistribute power between the 50th Floor on the one hand, and the cost 10th Floor and/or the 11th Floor on the other hand, Tenant, at Tenant’s expense, must install a separate electric riser between such floors to bring effect such power redistribution and (B) if under any circumstance whatsoever this Lease terminates or expires as to only a portion of the Premises, including, installing any necessary additional equipment the portion of the Premises as to which this Lease expires or distribution systems terminates must have available to distribute it from the electricity allocated under this Lease to Tenant not less than the Basic Electricity amount applicable to such power within the Premises; andspace;
(f) cleaning services on Business Days in accordance with Exhibit D attached hereto. Tenant shall pay to Landlord on demand Landlord, within 30 days after demand, the costs incurred by Landlord for (i) extra cleaning work in the Premises required because of (A) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non standard materials or finishes installed in the Premises and/or (D) the use of the Premises other than during Business Hours on Business Days, and (ii) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning timesotherwise in excess of that set forth on Exhibit D attached hereto. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages, training rooms, trading floors, data processing or reproducing operationsoperations (except for removal of ordinary office refuse therefrom), private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor (whose rates shall be competitive) to perform any cleaning of such areas at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D; expense. Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; Landlord shall instruct Landlord’s cleaning contractor (a) to perform background checks on employees performing cleaning services in the Building and (b) to the extent Premises provided such background checks lights are performed, not to assign any individual that has been convicted of, or has pled guilty to, a felony or any other crime turned off upon completion of moral turpitude to clean the Premises; provided, that Landlord shall have no liability to Tenant if any cleaning contractor fails to comply with Landlord’s instructionsnightly cleaning;
(g) up to 25 (i) 175 tons of condenser water per full floor for use on the ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ and Subconcourse Space, and (ii) up to100 tons of condenser water for use on the Premises 50th Floor, in each case for Tenant’s supplemental HVAC system from the common cooling tower unit serving the Building shall be provided 24 hours a day, 7 days a week, subject to Tenant’s option to reduce the tonnage reserved for Tenant by delivery of notice to Landlord on or before June 30, 2019. Tenant, at Tenant’s costexpense, shall have the right to install (A) one or more water-cooled supplemental air-conditioning units in the Premises and (B) a 6” wet tap to service the 50th Floor. Tenant shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser, including installing automatic shut off valves to ensure riser on the 10th Floor and/or the 50th Floor (except for the valved outlet on such floors (other than the wet tap described above) and meter measuring Tenant’s consumption of condenser water will only flow through which shall be installed by Landlord at Landlord’s expense). Notwithstanding the active HVAC unit; foregoing, any such work and equipment (other than such valve outlets and meters) that is installed prior to the Commencement Date shall be part of Landlord’s Work and shall be paid as provided in Exhibit E. Tenant shall pay pay, as additional rent, for Tenant’s usage of condenser water (as measured by the meter installed by Landlord) an amount equal to the Building standard charge for condenser water usage in effect from time to time and consistently applied to substantially all office tenants (which is as of the date of this Lease $0.094 0.07 per ton of connected load per hour (Subject to CPI Increases) including any redundant HVAC systems connected to the condenser water riserhour), which amount shall be payable within 10 30 days after rendition of a ▇▇▇▇ therefor. There shall be no tap-in fee;
(h) shaft space the use of the loading docks in the south tower of the Building on a first come first served basis (i.e., no advance scheduling) during Business Hours on Business Days, and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor, consistently applied to accommodate substantially all office tenants, which charges are, as of the date of this Lease, $79.50 per hour; Tenant’s installation and maintenance, at Tenant’s expense, use of two 4” conduit for data and telecommunications wiring the loading dock shall be on a non-exclusive basis;
(i) water to the Premises one from each of the two points of entry to the Building through separate paths to the telecommunications closets main sprinkler loop on each floor of the PremisesPremises in accordance with the code (all distribution therefrom shall be performed as part of Landlord’s Work in accordance with the Plans);
(ij) the right right, subject to connect, at Tenant’s expense, to the Building distributed antenna system (“DAS”) installed in the Building as of the Effective Date and any replacements thereof installed by Landlord during the Term. During the performance approval of Tenant’s Initial Workplans therefor and compliance with all applicable provisions of Section 4.02 below, Landlord shall reasonably cooperate with Tenant to coordinate install louvers for exhaust or fresh air intake between columns 4 and 5 on the installation in the Premises north side of the necessary equipment for Tenant to connect to the DAS. Landlord shall complete the installation of such equipment prior to the date on which the Initial Tenant Work is complete. During the Term, if Tenant renovates any portion south tower of the Premises and such renovation requires removal of the DAS equipment located on the renovated floor, Tenant shall pay for the cost to remove such equipment and, if Tenant so elects, to have such equipment reinstalled following completion of such renovation. Landlord shall have the right to require that Tenant use Landlord’s DAS infrastructure provider to connect to the DAS and to perform any required removal and/or reinstallation of any DAS equipment in the PremisesBuilding; and
(jk) access 3 digital points in, and 3 digital points out, on each floor of the Premises for Tenant to tie in and connect life safety devices to the Premises 24 hours per day, 7 days per week, 365 days per yearBuilding’s class E system.
Appears in 1 contract
Sources: Lease (Bowne & Co Inc)
Landlord Services. From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, Landlord shall furnish Tenant with the following services to Tenant (collectively, “Landlord Services”):
(a) heatsubject to curtailment pursuant to Legal Requirement, ventilation heat in season, as and air-conditioning to when required for the comfortable occupancy of the Premises in accordance with the specifications set forth in Exhibit E annexed hereto (the “HVAC Specifications”) on Mondays through Fridays from 8:00 a.m. to 6:00 7:00 p.m. and on each Business Day and Saturdays from 8:00 a.m. to 1:00 p.m. on Saturdays that are not Holidaysp.m., in accordance with the design specifications set forth in Exhibit F attached hereto at no cost to Tenant (other than and, upon reasonable advance request by way of inclusion in Operating Expenses); if Tenant shall require heat, ventilation or air conditioning services at any other timesTenant, Landlord shall furnish such service (i) heating at other times, in the case of a Business Day, upon receiving notice from Tenant by 3:00 p.m. of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by 1:00 p.m. of the immediately preceding Business Day (each such notice under clause (i) or clause (ii), an “HVAC Overtime Notice”), and which event Tenant shall pay to Landlord upon demand for furnishing such heating at Landlord’s then established charges therefor; provided, that (A) any such overtime heat, ventilation and air-conditioning services requested for the following hours (the “Free Overtime Hours”) shall be provided to the Premises at no actual cost to Tenant (other than by way of inclusion in Operating Expenses): from 6:00 p.m. on each Business Day furnish the same to 1:00 a.m. on the following day (whether or not such following day is a Business Day), from 1:00 p.m. to 6:00 p.m. on Saturdays that are not Holidays, and from 8:00 a.m. to 6:00 p.m. on Sundays that are not Holidays and (B) for so long as Tenant is a Justworks Tenant, Landlord shall provide overtime heating, ventilation and air-conditioning services during Free Overtime Hours without Tenant delivering any HVAC Overtime Notice; Tenant may give HVAC Overtime Notices up to 1 month prior to the date on which Tenant is requesting overtime heat, ventilation and air-conditioning services;
(b) intentionally omitted;
(c) (i) passenger elevator service to Landlord shall, at its sole cost and expense, equip each floor of the Premises at all times during Business Hours on Business Days, with at least 3 passenger elevators subject air conditioning unit(s) which Tenant may operate as and when needed sufficient to call at all other times and (ii) freight elevator and loading dock service to provide for the comfortable occupancy of the Premises on a first come-first served basis (i.e., no advance scheduling) from 8:00 a.m. to 5:00 p.m. on Business Days (the “Freight Hours”), and on a reserved basis at all other times upon the payment of Landlord’s then established charges therefor (provided, that Tenant must reserve after-hours freight for a minimum of 1 hour if such hour is contiguous to Freight Hours or a minimum of 4 hours if such hours are not contiguous to Freight Hours); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding the foregoing, there shall be no charge to Tenant for the first 300 hours of overtime freight elevator usage by Tenant in connection accordance with the Initial Tenant Work and Tenant’s initial move-in to the Premises;HVAC Specifications.
(dc) reasonable Landlord shall make available from the public water supply reasonably adequate quantities of potable domestic cold and hot and cold water to the floor(s) on which the Premises are located for core lavatory, drinking, ordinary pantry and cleaning purposes only; if Tenant requires water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet with shut-off valve and pressure reducing valve (as required) located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water (if Tenant requires heated water), as well as the cost of piping and supplying such water from the core of the Building to the location point or points in the Premises where such water is needed, shall be paid by Tenant; for ordinary lavatory and drinking purposes. Landlord may install and maintainshall, at Tenant’s its expense, meters install, maintain and replace (if necessary) a meter to measure Tenant’s consumption of water in the Premises. Tenant agrees to pay for such other purposes (i.e., purposes other than for core lavatory, drinking, ordinary pantry and cleaning purposes) in which event Tenant shall reimburse Landlord on demand for the quantities of water consumed as shown on such meters, meter at Landlord’s cost therefor (including costs for sewer rents and taxes) plus 3%;
(e) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment at a level of not less than 6 ▇▇▇▇▇ demand load per useable square foot of the Premises (exclusive of electricity for the base Building HVAC system); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s reasonable judgment (taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each additional amp of power or portion thereof provided to the Premises and the cost to bring such power to the Premises, including, installing any necessary additional equipment or distribution systems to distribute such power within the Premises; and
(f) cleaning services on Business Days in accordance with Exhibit D attached hereto. Tenant shall pay rate charged to Landlord on demand by the costs incurred by Landlord utility company for (i) extra cleaning work in the Premises required because of (A) carelessnesssuch water, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfaces, (C) non standard materials or finishes installed in the Premises and/or (D) the use of the Premises other than during Business Hours on Business Days, and (ii) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning together with all sewer charges and any other cleaning services in excess of those provided for in Exhibit D; Landlord’s cleaning contractor shall have access to rent, tax, levy or charge based thereon which now or hereafter is assessed, imposed or a lien upon the Premises after 6:00 p.m. or the Building, as and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; Landlord shall instruct Landlord’s cleaning contractor (a) to perform background checks on employees performing cleaning services in the Building and (b) to the extent such background checks when bills are performed, not to assign any individual that has been convicted of, or has pled guilty to, a felony or any other crime of moral turpitude to clean the Premises; provided, that rendered. Landlord shall have no liability to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity or character of water service is changed or is no longer available or suitable for Tenant’s purposes provided that neither Landlord nor its agents or contractors is the cause of such change, unavailability or unsuitability;
(d) routine maintenance, cleaning, painting (as reasonably necessary) and electric lighting service for all common corridors, common stairwells, entrance areas, fire exits, roadways, pedestrian sidewalks, lobbies, landscaped areas, elevators, and parking lots of the Real Property in the manner and to the extent appropriate for first-class office buildings in Fairfield County, Connecticut;
(e) cleaning service for the Premises substantially in accordance with the cleaning specifications set forth in Exhibit F annexed hereto;
(i) security for the Building and the Real Property during forty (40) normal business hours (as defined in Exhibit D hereof and as the same may be amended by Landlord from time to time) on Mondays through Fridays at standard wage rates; provided, however, that (A) Landlord shall provide security beyond such forty (40) hours or at premium or overtime rates only if Tenant agrees in writing to be solely responsible for any cleaning contractor fails additional costs thereof above said forty (40) standard rate hours actually payable by Landlord to comply with Landlordthird parties and (B) Landlord shall have no responsibility or obligation to prevent, and shall not be liable to Tenant (or any person claiming under or through Tenant) for, loss to Tenant (or any such person) or their agents, contractors, employees, invitees or licensees, arising out of theft, burglary or damage or injury to persons or property caused by persons gaining access to the Building;
(ii) Landlord shall afford Tenant and Tenant’s instructionsemployees access to the Premises, Building and Real Property on a seven (7) day per week, twenty-four (24) hour per day basis;
(g) up to 25 tons electricity of condenser water per full floor of the Premises for Tenant’s supplemental HVAC system from the common cooling tower unit serving the Building 24 hours a day, 7 days a week, subject to Tenant’s option to reduce the tonnage reserved for Tenant by delivery of notice to Landlord on or before June 30, 2019. Tenant, at Tenant’s cost, shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser, including installing automatic shut off valves to ensure condenser water will only flow through the active HVAC unit; Tenant shall pay for Tenant’s condenser water $0.094 per ton of connected load per hour (Subject to CPI Increases) including any redundant HVAC systems connected to the condenser water riser, which amount shall be payable within 10 days after rendition of a least 8 ▇▇▇▇▇ thereforper rentable square foot on a connected load basis to operate the air conditioning system located in and exclusively serving the Premises and all other equipment in the Premises; provided, however, that (x) nothing herein contained shall obligate Landlord in any manner to pay for the costs of electricity consumed in the Premises, which costs shall remain Tenant’s sole responsibility and (y) if Tenant’s electrical equipment requires air conditioning in excess of the air conditioning system serving the Premises, the equipment necessary to provide such excess air conditioning shall be installed by Tenant at it sole expense (subject, nevertheless, to the other provisions of this Lease, including, without limitation, Sections 2.05 and 4.02 hereof), and Tenant shall pay all actual operating and electricity costs related thereto;
(h) shaft space to accommodate Tenant’s installation and maintenance, at Tenant’s expense, of two 4” conduit for data and telecommunications wiring nonexclusive passenger elevator service to the Premises one from each at all times and nonexclusive freight elevator service during normal business hours. Use of the two points of entry freight elevator at times other than normal business hours shall be arranged by Tenant upon reasonable prior notice, and Tenant shall pay Landlord’s actual costs to provide the Building through separate paths to the telecommunications closets on each floor of the Premisessame;
(i) a full-time handyman and manager/superintendent shall be employed to service the right to connect, at TenantBuilding’s expense, to the Building distributed antenna system (“DAS”) installed in the Building as of the Effective Date operation and any replacements thereof installed by Landlord maintenance needs during the Term. During the performance of Tenant’s Initial Work, Landlord shall reasonably cooperate with Tenant to coordinate the installation in the Premises of the necessary equipment for Tenant to connect to the DAS. Landlord shall complete the installation of such equipment prior to the date on which the Initial Tenant Work is complete. During the Term, if Tenant renovates any portion of the Premises and such renovation requires removal of the DAS equipment located on the renovated floor, Tenant shall pay for the cost to remove such equipment and, if Tenant so elects, to have such equipment reinstalled following completion of such renovation. Landlord shall have the right to require that Tenant use Landlord’s DAS infrastructure provider to connect to the DAS and to perform any required removal and/or reinstallation of any DAS equipment in the Premisesnormal business hours; and
(j) access Landlord shall make accessible by telephone or beeper a responsible employee to the Premises 24 hours per day, 7 days per week, 365 days respond to Tenant’s emergency needs after normal business hours. No more than twice per year, following ten (10) days’ written notice from Tenant to Landlord, Landlord shall hold a meeting of Tenant and Landlord or the managing agent of the Building to: (i) discuss any Tenant concerns regarding the Landlord Services or scope of same: (ii) advise Tenant of plans regarding Landlord Services in the future; and (iii) advise Tenant of any anticipated capital expenditures which, during the ensuing six (6) months, Landlord plans to incur and later amortize pursuant to Section 2.03 hereof.
Appears in 1 contract
Sources: Lease (Digitas Inc)
Landlord Services. From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”):
(a) heat, ventilation and air-conditioning to the Premises from 8:00 a.m. to 6:00 p.m. on each during Business Day and from 8:00 a.m. to 1:00 p.m. on Saturdays that are not Holidays, Hours substantially in accordance with the design specifications set forth in Exhibit F attached hereto at no cost to Tenant (other than by way of inclusion in Operating Expenses)hereto; if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by 3:00 1:00 p.m. of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by 1:00 5:00 p.m. of the immediately preceding Business Day (each such notice under clause (i) or clause (ii), an “HVAC Overtime Notice”)Day, and Tenant shall pay to Landlord upon within 30 days after demand Landlord’s then established charges therefor, which charges shall be calculated in accordance with Exhibit H attached hereto and shall be subject to increase to the extent of any actual increase in the cost to Landlord of providing such services; provided, that (A) Tenant shall be subject to a 4 hour minimum charge for any such overtime heat, ventilation and air-conditioning services service unless such overtime service is requested for a period of time immediately preceding or immediately following Business Hours on a Business Day, in which case Tenant shall be entitled to request a minimum of 1 full hour of such overtime service;
(i) subject to service changes due to emergency and necessary maintenance, for Tenant’s non-exclusive use and benefit, destination dispatch passenger elevators serving floors 18 through 30 of the following hours Building (the “Free Overtime HoursElevators”) shall be provided to in accordance with the Premises at no cost to Tenant (other than by way of inclusion in Operating Expenses): from 6:00 p.m. on each Business Day to 1:00 a.m. on the following day (whether or not such following day is a Business Day), from 1:00 p.m. to 6:00 p.m. on Saturdays that are not Holidays, and from 8:00 a.m. to 6:00 p.m. on Sundays that are not Holidays and (B) for so long specifications attached hereto as Tenant is a Justworks Tenant, Landlord shall provide overtime heating, ventilation and air-conditioning services during Free Overtime Hours without Tenant delivering any HVAC Overtime Notice; Tenant may give HVAC Overtime Notices up to 1 month prior to the date on which Tenant is requesting overtime heat, ventilation and air-conditioning services;
(b) intentionally omitted;
(c) (i) passenger elevator service to each floor of the Premises Exhibit G at all times during Business Hours on Business Days, with at least 3 passenger elevators 2 Elevators subject to call at all other times times. Except for purposes of maintenance, repairs and any reason beyond Landlord’s reasonable control, Landlord shall not remove any Elevators serving the Premises from service during Business Hours on Business Days;
(ii) subject to the Rules and Regulations, freight elevator and loading dock service to the Premises for Tenant’s non-exclusive use and benefit on a first “first-come, first-first served served” basis (i.e.without affording any other tenant more favorable availability than that which is afforded to Tenant); provided, no advance scheduling) from 8:00 a.m. that with respect to 5:00 p.m. such service other than during Business Hours on Business Days Days, (the “Freight Hours”), and on a reserved basis at all other times upon the payment of A) Tenant shall pay to Landlord within 30 days after demand Landlord’s then established charges therefor therefor, which charges as of the Effective Date are set forth on Exhibit H attached hereto and shall be Subject to CPI Increases and (providedB) Tenant shall be subject to a 4 hour minimum charge unless such overtime service is requested for a period of time immediately preceding or immediately following Business Hours on a Business Day, that in which case Tenant must reserve after-hours freight for shall be entitled to request a minimum of 1 full hour if of such hour is contiguous to Freight Hours or a minimum of 4 hours if such hours are not contiguous to Freight Hours); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding overtime service. Notwithstanding the foregoing, there shall be no charge to Tenant for during the first 300 hours performance of overtime freight elevator usage by Tenant in connection with the Tenant’s Initial Tenant Work and Tenant’s initial move-in to the Premises, (1) Tenant shall be entitled to up to 80 overtime hours in the aggregate of freight elevator and loading dock service at no charge and (2) the charges for Tenant’s use of freight elevator and loading dock service shall be as more particularly described in Section 4.01(c)(v);
(dc) reasonable quantities of hot and cold water to the floor(s) on which the Premises are located for core lavatory, drinkingcleaning, ordinary drinking and cold water for pantry (other than dishwashers and cleaning subject to Section 8.20(b)(v), it being agreed that the heating of water supplied to the pantry, together with the cost thereof, including electricity, shall be the sole responsibility of Tenant) purposes only; if Tenant requires additional water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet with shut-off valve and pressure reducing valve (as required) located on the each floor on which the Premises is located (within the core of the Building), and the cost of heating such water (if Tenant requires heated including, without limitation, the cost of electric to heat such water), as well as ) and the cost of piping and supplying such water from the core of the Building to the location in the Premises where such water is needed, shall be paid by TenantTenant (provided that Landlord shall install and maintain hot water heaters for the core toilet rooms and janitors closets); Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of such additional water for such other purposes (i.e., purposes other than for core lavatory, drinking, ordinary pantry and cleaning purposes) in which event Tenant shall reimburse Landlord on demand for the quantities of water shown on such meters, within 30 days after demand accompanied by reasonable supporting documentation, at Landlord’s then established charges therefor, which charges as of the Effective Date are set forth on Exhibit H attached hereto and shall be subject to increase to the extent of any actual increase in the cost therefor (including costs for sewer rents and taxes) plus 3%to Landlord of providing such water;
(ed) electric energy on a submetered basis through presently the transmission facilities installed electric facilities by Landlord in the Building for Tenant’s reasonable use of lighting and other electrical fixtures, appliances and equipment at a level of not less than 6 ▇5 w▇▇▇▇ demand load per useable gross square foot of the Premises space (exclusive of electricity for required to operate the base building systems installed by Landlord, including, without limitation, the Building HVAC system, but inclusive of any Tenant installed portion of the HVAC distribution system such as fan powered boxes); in no event shall Tenant’s consumption of electricity exceed the capacity of existing feeders to the Building or the risers or wiring serving the Premises, nor shall Tenant be entitled to any unallocated power available in the Building unlessexcept that Landlord agrees to provide Tenant with at least an additional 2 w▇▇▇▇ demand load per gross square foot if, in Landlord’s reasonable judgment (i) Tenant has demonstrated the need for such additional electrical power by providing a load letter provided by an electrical engineer reasonably approved by Landlord certifying that Tenant requires such additional electrical capacity and (ii) taking into account the then existing and future needs of other then existing and future tenants, and other needs of the Building), the same is available and necessary for Tenant’s use, and if Landlord shall provide any such additional power, Tenant shall pay Landlord upon demand its then established connection charge for each to Landlord, within 30 days after demand, Landlord’s costs incurred in providing such additional amp of power or portion thereof provided to the Premises and the cost of installing additional risers, meters, switches and related equipment necessary to bring provide such additional power. To the extent there is insufficient electrical power available in the Building to meet Tenant’s needs for additional electrical power in excess of 5 w▇▇▇▇ demand load per gross square foot and such additional 2 w▇▇▇▇ demand load per gross square foot as demonstrated in accordance with the immediately preceding sentence, Landlord, at Tenant’s expense, shall use commercially reasonable efforts to obtain additional electrical power (provided the same would not result in the diminution of electrical capacity, or any other adverse effect upon the Building or the electrical capacity and electrical cost for the balance of the Building). Any riser or risers necessary to supply Tenant’s electrical requirements in excess of 5 w▇▇▇▇ demand load per gross square foot of space and such additional 2 w▇▇▇▇ demand load per gross square foot as demonstrated herein (exclusive of electricity for the Building HVAC system) shall be installed by Landlord at the sole cost and expense of Tenant and only if, in Landlord’s reasonable judgment, the same is reasonably practicable and will not cause adverse damage or injury to the Building or the operation thereof or the Premises, includingor cause or create a dangerous or hazardous condition. In addition to the installation of such riser or risers, installing Landlord shall also, at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith, subject to the aforesaid terms and conditions. All of such costs and expense shall be paid by Tenant to Landlord within 30 days after rendition of any necessary additional equipment b▇▇▇ or distribution systems statement to distribute such Tenant therefor accompanied by appropriate invoices and other reasonable evidence of the costs incurred. Subject to Laws and Landlord’s approval of Tenant’s plans therefor, Tenant shall have the right to redistribute the electric power within furnished on each floor of the Premises by Landlord throughout the Premises; andprovided, that (1) such redistribution does not cause Tenant’s consumption of electricity to exceed the capacity of the feeders, risers or wiring serving the Premises, (2) Tenant, at Tenant's sole expense, shall perform any work required prior to the expiration or earlier termination of the Term so that the electrical capacity stated in this Section 3.01(d) is restored to each floor of the Premises and (3) if Tenant shall surrender any portion of the Premises prior to surrendering the entire Premises, Tenant, at Tenant’s sole expense, shall perform any work required prior to such partial surrender so that the electrical capacity stated in this Section 3.01(d) is restored to the surrendered portion of the Premises;
(fe) cleaning services on Business Days for the Premises in accordance with the specifications provided in Exhibit D attached hereto. Tenant shall pay to Landlord on within 30 days after demand the out-of-pocket costs incurred by Landlord for (i) extra cleaning work in the Premises required because of (A) carelessness, indifference, misuse or neglect on the part of Tenant, its subtenants or their respective employees or visitors, (B) interior glass partitions or an unusual quantity of interior glass surfacessurfaces (i.e., any cleaning in excess of spot cleaning of glass in the Premises within arms-length reach), (C) non non-standard materials or finishes installed in the Premises and/or (D) the use of the Premises other than during Business Hours on Business Days, and (ii) removal from the Premises and the Building of any refuse of Tenant in excess of that ordinarily accumulated in business office occupancy, including, without limitation, kitchen and pantry refuse, or at times other than Landlord’s standard cleaning times, provided that such extra out-of-pocket costs are at commercially competitive rates charged to landlords of comparable First Class Office Buildings. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages, training rooms, trading floors, data processing or reproducing operations, private lavatories or toilets or other special purposes requiring greater or more difficult cleaning work than office areas and Tenant shall retain Landlord’s cleaning contractor at Tenant’s expense to perform such cleaning and any other cleaning services in excess of those provided for in Exhibit D, provided such cleaning contractor charges rates that are reasonably competitive with rates charged by other cleaning contractors providing similar services to First Class Office Buildings. Notwithstanding the foregoing, Tenant may use its own employees to provide minor cleaning services to pantries and conference rooms within the Premises; provided, that (A) the provisions of Section 4.02(e) relating to the avoidance of union-related conflict shall apply to such minor cleaning services, (B) Landlord shall have no liability to Tenant or Tenant’s employees in connection with such minor cleaning services and (C) any such minor cleaning services shall be subject to such reasonable rules and regulations that may be established by Landlord with respect thereto (including, without limitation, Landlord’s green cleaning policy for the Building). Landlord’s cleaning contractor shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises; Landlord shall instruct Landlord’s cleaning contractor (a) to perform background checks on employees performing cleaning services in the Building and (b) to the extent such background checks are performed, not to assign any individual that has been convicted of, or has pled guilty to, a felony or any other crime of moral turpitude to clean the Premises; provided, that Landlord shall have no liability to Tenant if any cleaning contractor fails to comply with Landlord’s instructions;
(gf) up to 25 30 tons of condenser water for the Premises (i.e., 10 tons per full floor of the Premises Premises) for Tenant’s supplemental HVAC system from the common cooling tower unit serving the Building 24 hours a day, 7 days a weekweek (the “Reserved Tonnage”). Tenant shall have the right to use the Reserved Tonnage throughout the Term. Tenant shall not be entitled to any additional condenser water; provided, subject that Tenant shall be entitled to Tenant’s option increase (but not decrease) the Reserved Tonnage by up to reduce 10 tons of condenser water for the tonnage reserved for Tenant by delivery of notice Premises (i.e., to Landlord 40 tons total) if on or before June 301, 20192017 Tenant has demonstrated the need for such additional condenser water by providing a load letter provided by an engineer reasonably approved by Landlord certifying that Tenant requires such additional condenser water and delivered a notice to Landlord specifying the amount of such additional condenser water so requested by Tenant (not to exceed an additional 10 tons of condenser water). Tenant, at Tenant’s cost, Tenant shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riserriser (provided that Landlord shall provide capped valved outlets as set forth on Exhibit S), including installing automatic shut off valves to ensure and Landlord shall waive any tap-in fee or “drain-down” charge for Tenant’s tap into Landlord’s condenser water will only flow through the active HVAC unit; riser. Tenant shall pay to Landlord, within 30 days after demand, for such reservation of condenser water, an amount equal Landlord’s then established charges therefor, which charges as of the date hereof are $750 per ton reserved per annum and shall be subject to increase to the extent of any actual increase in the cost to Landlord of providing such condenser water. Subject to Laws and Landlord’s approval of Tenant’s condenser water $0.094 per ton of connected load per hour (Subject plans therefor, Tenant shall have the right, at Tenant sole cost and expense, to CPI Increases) including any redundant HVAC systems connected to redistribute the condenser water riser, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor;
(h) shaft space to accommodate Tenant’s installation and maintenance, at Tenant’s expense, of two 4” conduit for data and telecommunications wiring to the Premises one from each of the two points of entry to the Building through separate paths to the telecommunications closets furnished on each floor of the Premises throughout the Premises (it being agreed that condenser water is being allocated on the basis of 10 tons of condenser water per floor); provided, that if Tenant shall surrender the Premises (or any portion of the Premises prior to surrendering the entire Premises), Tenant shall perform any work required prior to such surrender (or such partial surrender) so that the condenser water capacity stated in this Section 3.01(f) is restored to the Premises (or the surrendered portion of the Premises);
(i) security in accordance with Exhibit L attached hereto; provided, that, except to the right extent due to connectLandlord’s negligence or willful misconduct, Landlord shall have no responsibility to prevent, and Landlord shall have no liability to Tenant (or anyone claiming through or under Tenant) for loss to Tenant (or such other person) or their agents, contractors, employees, invitees, or licensees, arising out of theft, burglary or damage or injury to persons or property caused by persons gaining access to the Building or other causes;
(ii) Tenant shall have the right, at Tenant’s sole cost and expense, to install a security system (which may be, at Tenant’s option, a key-card access system) in the Premises; provided that Tenant shall provide Landlord’s security personnel with any key-cards, information or other items required to access the Premises in accordance with the provisions of Section 4.04(d). If Tenant desires to install a security system in the Premises that is compatible with the Building distributed antenna security system (“DAS”) installed in so as to enable individuals to utilize a single security/access card to access both the Building as of ground floor elevator lobby serving the Effective Date Premises and any replacements thereof installed by Landlord during the Term. During the performance of Tenant’s Initial WorkPremises, Landlord shall reasonably cooperate with Tenant, at Tenant’s sole cost and expense, with respect to Tenant’s installation and maintenance of such compatible security system;
(iii) Landlord shall provide access cards for entry to the ground floor elevator lobby serving the Premises and Tenant shall pay to coordinate Landlord, within 30 days after demand therefor, Landlord’s established charges therefor. Notwithstanding the installation foregoing, Landlord shall provide, without charge, 1 such access card for each employee of Tenant with a place of work in the Premises as of the necessary equipment date that Tenant first occupies the Premises for Tenant to connect to the DAS. conduct of Tenant’s business;
(h) Landlord shall complete the installation of such equipment prior operate (or cause an outside contractor to the date on which the Initial Tenant Work is complete. During the Term, if Tenant renovates any portion of the Premises and such renovation requires removal of the DAS equipment located on the renovated floor, Tenant shall pay operate) a messenger center for the cost Building (the “Messenger Center”). The service to remove be provided by the Messenger Center from time to time, the manner in which such equipment and, if Tenant so elects, to have such equipment reinstalled following completion of such renovation. Landlord shall have the right to require that Tenant use Landlord’s DAS infrastructure provider to connect to the DAS and to perform any required removal and/or reinstallation of any DAS equipment in the Premises; and
(j) access to the Premises 24 hours per day, 7 days per week, 365 days per year.services are provided from time
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