Landlord Services. From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, but not earlier than the Commencement Date, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”): (a) heat, ventilation and air-conditioning to the Premises during Business Hours on each Business Day and upon reasonable prior written request from Tenant, from 8:00 a.m. to 1:00 p.m. on Saturdays which are not a Holiday for reasonably comfortable occupancy of the Premises, subject to Tenant’s compliance with design conditions, including occupancy and electric load criteria established by Landlord during the applicable heating and cooling seasons as determined by Landlord from time to time (which heating season is from on or about October 16 to on or about May 14 and which cooling season is from on or about May 15 to on or about October 15); if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall use all reasonable efforts to furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by noon of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by noon of the immediately preceding Business Day, and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor which, as of the date of this Lease are $515.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(a); (i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least one passenger elevator subject to call at all other times, subject to Unavoidable Delay, repairs, and Building Rules and Regulations, 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 5:00 p.m. (excluding a 1 hour lunch break), 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 $190.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(b)(ii); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding anything to the contrary contained herein, Tenant shall not incur a charge for the first twelve (12) hours of overtime freight elevator use booked by Tenant or used by Tenant (if not so booked, but subject to a minimum four (4) hours of usage) for Tenant’s initial move-in to the Premises, subject to the Building rules and regulations related to such freight elevator use; (c) reasonable quantities of tepid and cold water to the floor(s) on which the Premises are located for core 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 located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water, as well as the cost of piping and supplying such water to the Premises, 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 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 5%; (d) 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 in the amount not to exceed 5 ▇▇▇▇▇ per usable square feet, on a connected load basis, or at Landlord’s sole discretion, at higher voltage providing equivalent capacity (exclusive of 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 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 provide such additional power; (e) 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 (other than standard office cleaning to the extent part of Landlord’s base Building cleaning contract in small office type pantry areas), 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; and (f) if requested by Tenant prior to occupancy of the Premises, in writing, an amount of condenser water that Landlord reasonably determines is available and adequate for customary office occupancy of the Premises not to exceed five(5) tons (“Maximum Capacity”) of condenser water for Tenant’s supplemental HVAC system. Tenant shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser on the floor on which the Premises is located. Tenant shall pay to Landlord a fee of $1,500 per tap and all connection costs and shall pay an annual charge for Tenant’s usage of condenser water an amount equal to the then charge for same established by Landlord per connected ton of Maximum Capacity per annum, subject to increase from time to time by Landlord, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor. If Tenant fails to utilize any quantity of condenser water for 180 days or more in a one year period, Landlord shall have the right upon notice to Tenant to irrevocably reduce the number of tons of condenser water to which Tenant is entitled by the number of such unutilized tons, in which case Landlord shall only charge Tenant for such lower number of tons of condenser water.
Appears in 2 contracts
Sources: Lease (Y-mAbs Therapeutics, Inc.), Lease (Y-mAbs Therapeutics, Inc.)
Landlord Services. From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, but not earlier than the Commencement Date, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”):
(a) heatSeparate from any obligations of Landlord or Tenant in the Transition Services Agreement or any other services agreement entered into between Landlord and Tenant relative to the operation of their respective businesses at the Property, ventilation Landlord will provide all of the following utilities and services during the Lease Term, all in a manner no less than those provided for Comparable Buildings with a ‘gross-rent’ structure:
(i) Electricity and water for the Premises, as reasonably necessary for the uses permitted under this Lease, except to the extent those utilities are separately metered or sub-metered to the Premises.
(ii) Heat and air-conditioning to the Premises during Business Hours on each Business Day as reasonably necessary for ▇▇▇▇▇▇’s comfortable use and upon reasonable prior written request from Tenant, from 8:00 a.m. to 1:00 p.m. on Saturdays which are not a Holiday for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, seven (7) days a week.
(iii) Hot water at those points of supply provided for the general use of Tenant and other tenants of the Building.
(iv) General janitorial and cleaning services for the Premises and Common Areas, five (5) days per week, excluding federal holidays on which banks are closed, and including vacuuming, sweeping, dusting, trash removal, carpet cleaning, etc.
(v) Light bulb replacement in the Common Areas.
(vi) Elevator service at all times, if the Building is equipped with elevator(s).
(vii) Exterior window cleaning for the Building, landscaping, and regular sweeping and prompt trash and debris removal for the parking areas and walkways serving the Building.
(viii) Regular maintenance and servicing of lavatory facilities, toilets, sinks, and faucets located within the Premises and Common Areas, including soap, paper towels, and toilet tissue.
(ix) Electric power for lighting and outlets; and
(x) Electrical and mechanical maintenance services during the normal business hours of the Building.
(b) Landlord shall provide and maintain adequate connections for all public and other utilities and related services rendered or furnished to the Property. Landlord shall cause all utility lines and equipment, which are located in the Building (or on the Property) and are otherwise used in connection with providing utility service to the Premises, subject to Tenant’s compliance with design conditions, including occupancy be maintained in good repair and electric load criteria established by Landlord during condition to the applicable heating extent such utility lines and cooling seasons as determined by Landlord from time to time (which heating season is from on or about October 16 to on or about May 14 and which cooling season is from on or about May 15 to on or about October 15); if Tenant shall require heat, ventilation or air conditioning services at any other times, equipment are the property of the Landlord. Landlord shall not be liable to Tenant for any loss or damage occasioned by interruption of utility services; provided, however (i) Landlord shall be obligated to use all commercially reasonable efforts to furnish such service (i) in obtain the case of a Business Day, upon receiving notice from Tenant by noon resumption of such Business Day and utility services as quickly as is reasonably possible (ii) in unless such interruption of service was caused by the case utility provider or Tenant’s failure to pay utility providers or the willful misconduct or the negligence of a day other than a Business DayTenant, upon receiving notice from Tenant by noon of the immediately preceding Business DayTenant’s employees, and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor whichagents, as of the date of this Lease are $515.00 per hourcontractors or anyone acting by, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(athrough or under Tenant);
(i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least one passenger elevator subject to call at all other times, subject to Unavoidable Delay, repairs, and Building Rules and Regulations, and (ii) freight elevator if any utility service is interrupted as a result of acts or omissions of Landlord, its agents, employees or contractors, leading to material and loading dock service adverse impact on Tenant operations, then without limiting any other right or remedy of Tenant pursuant to Section 15(c) below, there shall be an equitable abatement of Base Rent based upon the length of time during which such interruption continues, and the portion of the Premises on that are unusable as a first come-first served basis result of such interruption. Without limiting the foregoing, in the event that utility service is interrupted for any reason (i.e., no advance scheduling) on Business Days from 8:00 a.m. to 5:00 p.m. (excluding a 1 hour lunch breakregardless of cause), such interruption lasts more than seven (7) continuous days, and on the Premises are unusable as a reserved basis at all other times result of such interruption, Tenant shall have the right to terminate this Lease upon the payment of Landlord’s then established charges therefor which, as of one hundred eighty (180) days’ prior written notice to Landlord if utility service is not restored prior to the date of this Lease are $190.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(b)(ii); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding anything to the contrary contained herein, Tenant shall not incur a charge for the first twelve (12) hours of overtime freight elevator use booked by Tenant or used by Tenant (if not so booked, but subject to a minimum four (4) hours of usage) for Tenant’s initial move-in to the Premises, subject to the Building rules and regulations related to such freight elevator usetermination;
(c) reasonable quantities of tepid and cold water Other than those services provided by Landlord pursuant to the floor(s) on which terms of this Section 6, Tenant shall provide all services necessary or desirable for its use of the Premises, including, but not limited to, telecommunication and data transmission services. All services obtained by Tenant with respect to the Premises shall be subject to Landlord’s prior written approval, which shall include approval of any proposed third-party vendors requiring access to the Property; provided, however, that Landlord’s approval shall not be unreasonably withheld, conditioned or delayed. In the event that Landlord is prohibited from providing the services required by this Section 6 on account of a casualty event or such other circumstance outside the reasonable control of Landlord, wherein such services are located for core lavatory and cleaning purposes only; if Tenant requires water for any other purposeonly partially available to the Property (e.g., diminished electricity voltage or rolling blackouts), Landlord and Tenant shall furnish cold water work together in good faith to ensure that available services are equitably provided to both the Premises and the Landlord Premises, or in such other manner as may be mutually agreed between Landlord and Tenant. Landlord and Tenant shall work together in good faith to take such precautions and/or remedial measures as are reasonably necessary to minimize any disruptions to the operations of Landlord and Tenant at the Building core riser through a capped outlet located Property on account of any casualty event (including, without limitation, any hurricanes that may be forecasted with reasonable probability to affect the floor on which the Premises is located (within the core of the BuildingProperty), and any disruptions shall be reasonably apportioned between Landlord and Tenant in an equitable manner where feasible under the cost of heating such watercircumstances. Upon twenty-four (24) hours prior notice to Landlord, as well as Tenant shall have the cost of piping and supplying such water right to review (which may include obtaining copies) any security camera footage maintained by Landlord with respect to the Premises, 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 in which event Tenant shall reimburse Landlord on demand for Building or the quantities of water shown on such meters, at Landlord’s cost therefor (including costs for sewer rents and taxes) plus 5%;
(d) 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 in the amount not to exceed 5 Property where ▇▇▇▇▇▇ per usable square feethas a reasonable basis for requesting such security camera footage; provided, on a connected load basishowever, or at Landlord’s sole discretion, at higher voltage providing equivalent capacity (exclusive of 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 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 provide such additional power;
(e) 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 (other than standard office cleaning to the extent part of Landlord’s base Building cleaning contract in small office type pantry areas), 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; and
(f) if requested by Tenant prior to occupancy of the Premises, in writing, an amount of condenser water that Landlord reasonably determines is available and adequate for customary office occupancy of the Premises not to exceed five(5) tons (“Maximum Capacity”) of condenser water for Tenant’s supplemental HVAC system. Tenant shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser on the floor on which the Premises is located. Tenant shall pay to Landlord a fee of $1,500 per tap and all connection costs and shall pay an annual charge for Tenant’s usage of condenser water an amount equal to the then charge for same established by Landlord per connected ton of Maximum Capacity per annum, subject to increase from time to time by Landlord, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor. If Tenant fails to utilize any quantity of condenser water for 180 days or more in a one year period, Landlord shall have no obligation to install or maintain security cameras upon the right upon notice to Tenant to irrevocably reduce Property or within the number of tons of condenser water to which Tenant is entitled by the number of such unutilized tonsBuilding, in which case and Landlord shall only charge Tenant for such lower number of tons of condenser waterhave no obligation to retain security camera footage beyond the period customarily retained by Landlord.
Appears in 2 contracts
Sources: Lease Agreement (MiniMed Group, Inc.), Lease Agreement (MiniMed Group, Inc.)
Landlord Services. From and after (i) Services to the date that Tenant first occupies the Premises for the conduct of Tenant’s business, but not earlier than the Commencement Date, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”):Premises.
(aA) heatHeat, ventilation and air-conditioning to cooling as required for the comfortable use and occupancy of the Premises during Normal Business Hours on each Business Day and upon reasonable prior written request from Tenant, from 8:00 a.m. to 1:00 p.m. on Saturdays which are not a Holiday for reasonably comfortable occupancy of the Premises, subject to Tenant’s compliance with design conditionsHours.
(B) Custodial services, including occupancy interior and electric load criteria established by Landlord during the applicable heating exterior window washing.
(C) Electric power.
(D) Replacement of Building standard light bulbs and cooling seasons ballasts as determined by Landlord required from time to time (which heating season is from on or about October 16 to on or about May 14 and which cooling season is from on or about May 15 to on or about October 15); if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall use all reasonable efforts to furnish such service (i) in the case as a result of a Business Day, upon receiving notice from Tenant by noon of such Business Day and normal usage.
(ii) Building Service.
(A) Domestic running water sufficient for the normal use thereof by occupants in Building.
(B) Access to and egress from the case of a day other than a Business DayPremises.
(C) Snow removal, upon receiving notice from Tenant by noon sidewalk repair and maintenance, landscape maintenance and exterior trash removal services.
(D) HVAC, lighting, electric power, domestic running water and custodial service in those areas of the immediately preceding Business Day, and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor which, as of the date of this Lease are $515.00 per hour, subject to increase Building from time to time designated by Landlord for use by Tenant, in common with all tenants and other persons in the Building during Normal Business Hours, but under the exclusive control of Landlord, plus applicable sales tax; provided, that there .
(E) A general directory board on which Tenant shall be a minimum charge entitled to have its name shown, provided that Landlord shall have exclusive control thereof and of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(a);space thereon to be allocated to each tenant.
(iiii) passenger elevator service to each floor of the Premises at all times during Business Hours on Business DaysMaintenance, with at least one passenger elevator subject to call at all other times, subject to Unavoidable Delay, repairs, Repair and Building Rules and Regulations, 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 5:00 p.m. (excluding a 1 hour lunch break), 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 $190.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(b)(ii); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding anything to the contrary contained herein, Tenant shall not incur a charge for the first twelve (12) hours of overtime freight elevator use booked by Tenant or used by Tenant (if not so booked, but subject to a minimum four (4) hours of usage) for Tenant’s initial move-in to the Premises, subject to the Building rules and regulations related to such freight elevator use;Replacement.
(cA) reasonable quantities of tepid and cold water Subject to the floor(sArticle 7.1(b)(ii) on which the Premises are located for core lavatory and cleaning purposes only; if Tenant requires water for any other purposebelow, Landlord shall furnish cold water at promptly operate, maintain, repair and replace the Building core riser through a capped outlet located on Building-standard systems, facilities and equipment necessary for the floor on which the Premises is located (within the core proper operation of the Building), including but not limited to its security systems, and shall maintain and repair the cost foundations, structure and roof of heating such water, as well as the cost of piping Building and supplying such water repair damage to the Premises, 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 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 5%;Building.
(d) 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 in the amount not to exceed 5 ▇▇▇▇▇ per usable square feet, on a connected load basis, or at Landlord’s sole discretion, at higher voltage providing equivalent capacity (exclusive of 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 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 provide such additional power;
(e) 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 Subject to Article 7.1(b)(ii) below, maintenance of interior glass surfacesparking lot and/or structure, (C) non standard materials or finishes installed in the Premises and/or (D) the use maintenance of the Premises other than during Business Hours on Business Days, and (ii) removal from the Premises and external lighting devices for the Building of any refuse of parking lot and/or structure. Tenant in excess of agrees 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 liable for failure to clean supply any portions of the Premises used for preparation, serving utility or consumption of food or beverages (other than standard office cleaning to the extent part of Landlord’s base Building cleaning contract in small office type pantry areas), 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 service during any period Landlord is unable to furnish such services in excess of those provided for in Exhibit D. Landlord’s cleaning contractor shall have access and Landlord uses reasonable diligence to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have supply such services, it being understood that Landlord reserves the right to usediscontinue temporarily such services, without charge thereforor any of them, all lightat such times as may be necessary by reason of accident, power and water in the Premises reasonably required to clean the Premises; and
(f) if requested unavailability of employees, repairs, alterations or improvements, or whenever by Tenant prior to occupancy reason of the Premisesstrikes, in writinglockouts, an amount riots, acts of condenser water that Landlord reasonably determines is available and adequate for customary office occupancy God or any other happening beyond control of the Premises not to exceed five(5) tons (“Maximum Capacity”) of condenser water for Tenant’s supplemental HVAC system. Tenant shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser on the floor on which the Premises is located. Tenant shall pay to Landlord a fee of $1,500 per tap and all connection costs and shall pay an annual charge for Tenant’s usage of condenser water an amount equal to the then charge for same established by Landlord per connected ton of Maximum Capacity per annum, subject to increase from time to time by Landlord, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor. If Tenant fails to utilize any quantity of condenser water for 180 days or more in a one year period, Landlord shall have the right upon notice to Tenant to irrevocably reduce the number of tons of condenser water to which Tenant is entitled by the number of such unutilized tons, in which case Landlord shall only charge Tenant for such lower number of tons of condenser water.
Appears in 2 contracts
Sources: Lease Agreement (Edgewise Therapeutics, Inc.), Lease Agreement (Edgewise Therapeutics, Inc.)
Landlord Services. From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, but not earlier than the Commencement Date, Landlord shall furnish adequate hot and cold running water to all points of supply in the Demised Premises and on the Property at all times Landlord shall provide adequate electricity for all lighting fixtures and electrical outlets in the Premises and throughout the Project at all times. Landlord shall furnish adequate lavatory and waste disposal equipment, fixtures, services and supplies for the Project at all times. Landlord shall maintain the structural components of the Project in good repair and all fixtures and equipment thereon in proper working condition (e.g. drain lines, water lines, etc). Landlord shall proceed to diligently make necessary repairs and/or restore utilities as are in Landlord control. Landlord, at its cost, shall provide and install all original building-standard florescent tubes within the Demised Premises necessary to provide required lighting and all replacement tubes for such lighting; all other bulbs, tubes, and lighting fixtures for the Demises Premises shall be provided and installed by Tenant at Tenant’s cost and expense. Landlord shall at all times provide adequate lighting to all common areas in and on the Property. Landlord shall provide electricity for lighting and ordinary office machinery to include personal computers and peripherals; provided, however, that Landlord shall be under no obligation to provide electricity for any electronic computers or other data processing equipment requiring supplemental power or Tenant shall however, have the right to install high voltage electronic computing and data processing equipment at its expense, and Landlord agrees to make available to Tenant at Tenant’s sole expense (including, but without limitations, cost of electrical energy, cost of equipment and installation, and cost of submetering the Demised Premises) the electrical energy and air-conditioning service necessary to operate such computing and data processing equipment provided, however, that said amount shall be paid as Additional Rent and Tenant shall reimburse Landlord on a monthly basis for the cost of furnishing such electrical energy and air-conditioning. Landlord shall provide access to the Building by Tenant’s customer and sufficient heat, air-conditioning and fresh air supply to keep the Premises comfortable for office use throughout Tenant’s regular business hours, which are hereby defined to be 8:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. – 2 p.m. Saturday with the following services (collectivelyholidays excepted: New Year’s Day, “Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. If requested by Tenant, Landlord Services”):
(a) heat, ventilation will provide heating and air-conditioning to the Demised Premises during Business Hours after 6:00 p.m., Monday through Friday and after 2:00 on each Business Day Saturday and upon reasonable prior written request from Tenanton Sundays and holidays, from 8:00 a.m. to 1:00 p.m. provided, that Tenant shall provide Landlord a minimum of 48 hours advanced phone-in notification of requested service. Tenant shall reimburse Landlord paid as Additional Rent on Saturdays which are not a Holiday monthly basis for reasonably comfortable occupancy the cost of the Premises, subject to Tenant’s compliance with design conditions, including occupancy and electric load criteria established by Landlord during the applicable furnishing such heating and cooling seasons as determined by Landlord from time to time air-conditioning. The cost of said additional heating and air-conditioning expense is shall be at Thirty and 00/100 Dollars (which heating season is from on or about October 16 to on or about May 14 and which cooling season is from on or about May 15 to on or about October 15); if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall use all reasonable efforts to furnish such service (i$30.00) in the case of a Business Day, upon receiving notice from Tenant by noon of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by noon of the immediately preceding Business Day, and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor which, as of the date of this Lease are $515.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be and a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(a);
(i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least one passenger elevator subject to call at all other times, subject to Unavoidable Delay, repairs, and Building Rules and Regulations, 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 5:00 p.m. (excluding a 1 hour lunch break), 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 $190.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(b)(ii); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding anything to the contrary contained herein, Tenant shall not incur a charge for the first twelve (12) hours of overtime freight elevator use booked by Tenant or used by Tenant (if not so booked, but subject to a minimum four (4) hours of usage) for Tenant’s initial move-in to the Premises, subject to the Building rules and regulations related to such freight elevator use;
(c) reasonable quantities of tepid and cold water to the floor(s) on which the Premises are located for core 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 located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water, as well as the cost of piping and supplying such water to the Premises, 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 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 5%;
(d) 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 in the amount not to exceed 5 ▇▇▇▇▇ per usable square feet, on a connected load basis, or at Landlord’s sole discretion, at higher voltage providing equivalent capacity (exclusive of 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 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 provide such additional power;
(e) 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 (other than standard office cleaning to the extent part of Landlord’s base Building cleaning contract in small office type pantry areas), 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; and
(f) if requested by Tenant prior to occupancy of the Premises, in writing, an amount of condenser water that Landlord reasonably determines is available and adequate for customary office occupancy of the Premises not to exceed five(5) tons (“Maximum Capacity”) of condenser water for Tenant’s supplemental HVAC system. Tenant shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser on the floor on which the Premises is located. Tenant shall pay to Landlord a fee of $1,500 per tap and all connection costs and shall pay an annual charge for Tenant’s usage of condenser water an amount equal to the then charge for same established by Landlord per connected ton of Maximum Capacity per annum, subject to increase from time to time by Landlord, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor. If Tenant fails to utilize any quantity of condenser water for 180 days or more in a one year period, Landlord shall have the right upon notice to Tenant to irrevocably reduce the number of tons of condenser water to which Tenant is entitled by the number of such unutilized tons, in which case Landlord shall only charge Tenant for such lower number of tons of condenser waterapply.
Appears in 1 contract
Landlord Services. From To provide elevator service where applicable.
A. To provide water for lavatory and after drinking purposes in places designated by Landlord.
B. To provide maintenance services to keep the date that public areas of the building in good order and to cause the leased premises to be cleaned by sweeping floors, dusting the surfaces of normal office furniture, and emptying waste baskets on each business day, and to cause the floors and windows of the public areas in the leased premises to be cleaned at reasonable intervals. Janitorial services to be equivalent to service in a Class A office building.
C. With regard to the furnishing of air conditioning as provided in an above and electric power as provided in B." above, Tenant first occupies covenants and agrees not to use any apparatus or device not required to conduct normal financial institution business in, upon or about the Premises leased premises which in any way may increase the demand and usage of such services as normally and usually furnished or supplied to the premises and shall not connect any apparatus or device to the conduits or pipes or other means by which such services are supplied for the conduct purpose of Tenant’s businessusing or acquiring additional or unusual amounts of such services without the written consent of Landlord, but consent not earlier than the Commencement Dateto be unreasonably withheld. Should Tenant use such demand, use, or require such additional services, Landlord shall furnish Tenant with charge for the following services (collectivelysame. Such charge shall be additional rental and shall be based upon the requirements and usage which arc in excess of the usual, “Landlord Services”):
(a) heat, ventilation customary and air-conditioning normal office usage of such building. Such charge shall be based upon the average cost per unit of electricity for the building applied to the Premises during Business Hours on each Business Day and upon reasonable prior written request from Tenant, from 8:00 a.m. to 1:00 p.m. on Saturdays which are not a Holiday for reasonably comfortable occupancy of the Premises, subject to Tenant’s compliance with design conditions, including occupancy and electric load criteria established by Landlord during the applicable heating and cooling seasons excess use as determined by an independent engineer selected by Landlord from time and tenant, or shall be determined by a sub-meter to time (which heating season is from on or about October 16 to on or about May 14 be furnished and which cooling season is from on or about May 15 to on or about October 15); if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall use all reasonable efforts to furnish such service (i) in installed al the case of a Business Day, upon receiving notice from Tenant by noon of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by noon option of the immediately preceding Business Day, Landlord and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor which, as of the date of this Lease are $515.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(a);
(i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least one passenger elevator subject to call at all other times, subject to Unavoidable Delay, repairs, and Building Rules and Regulations, 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 5:00 p.m. (excluding a 1 hour lunch break), 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 $190.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(b)(ii); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding anything to the contrary contained herein, Tenant shall not incur a charge for the first twelve (12) hours of overtime freight elevator use booked by Tenant or used by Tenant (if not so booked, but subject to a minimum four (4) hours of usage) for Tenant’s initial move-in to the Premises, subject to the Building rules and regulations related to such freight elevator use;
(c) reasonable quantities of tepid and cold water to the floor(s) on which the Premises are located for core 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 located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water, as well as the cost of piping and supplying such water to the Premises, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s ▇▇▇▇▇▇'s expense, meters to measure Tenant’s consumption of water for such other 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 5%;
(d) 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 in the amount not to exceed 5 . If ▇▇▇▇▇▇ per usable square feetrefuses to pay upon demand to landlord any such excess charge, on such refusal shall be and constitute a connected load basis, or at Landlord’s sole discretion, at higher voltage providing equivalent capacity (exclusive breach of the base Building HVAC system); obligation to pay rent under and pursuant to this Lease and entitle Landlord to any and all rights and remedies herein granted Landlord and reserved to Landlord for such breach.
D. To furnish Tenant, free of charge, with two keys for each door entering the leased premises, and additional or replacement keys will be furnished at a charge by Landlord equal to its cost plus 15% on an order signed by Tenant or ▇▇▇▇▇▇'s authorized representative. All such keys shall remain the property of Landlord. No additional locks shall be allowed on any door of leased premises, and Tenant shall not make or permit to be made any duplicate keys, except those furnished by Landlord. Upon termination of this lease, ▇▇▇▇▇▇ shall surrender to Landlord all keys of the leased premises and give to Landlord the explanation of the combination of all locks for safes, safe cabinet, and vault doors, if any, in no event shall Tenant’s consumption the leased premises.
▇. ▇▇▇▇▇▇▇▇ agrees to furnish a Lobby Directory Board Strip identifying Tenant on the Lobby Directory Board. The cost of electricity exceed the capacity of existing feeders any changes or additions will be charged 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 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 provide such additional power;.
(e) 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, F. Landlord shall not be required to clean responsible for any portions of the Premises used for preparation, serving or consumption of food or beverages (other than standard office cleaning security to the extent part of Landlord’s base Building cleaning contract in small office type pantry areas)building, training roomsthe leased premises, 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; and
(f) if requested by Tenant prior to occupancy of the Premises, in writing, an amount of condenser water that Landlord reasonably determines is available and adequate for customary office occupancy of the Premises not to exceed five(5) tons (“Maximum Capacity”) of condenser water for Tenant’s supplemental HVAC system. Tenant shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser on the floor on which the Premises is located. Tenant shall pay to Landlord a fee of $1,500 per tap and all connection costs and shall pay an annual charge for Tenant’s usage of condenser water an amount equal to the then charge for same established by Landlord per connected ton of Maximum Capacity per annum, subject to increase from time to time by Landlord, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor▇▇▇'s property therein, except locking exit and entry doors to the common area.
G. No interruption or malfunction of any of the service to be furnished by Landlord hereunder shall constitute an eviction or disturbance of Tenant's use and possession of the leased premises, or a breach by the Landlord of any of its obligations hereunder, or render the Landlord liable for damages or entitle Tenant to be relieved of any of its obligations hereunder (including obligation to pay rent) or grant Tenant any right of set off or recoupment unless caused by gross negligence or willful misconduct of the Landlord. If Tenant fails to utilize In the event of any quantity such interruption or malfunction of condenser water for 180 days or more in a one year periodsuch services, however, Landlord shall have agrees to use reasonable diligence lo restore such services.
H. Pest control services to the right upon notice to Tenant to irrevocably reduce the number of tons of condenser water to which Tenant is entitled by the number of such unutilized tons, in which case Landlord shall only charge Tenant for such lower number of tons of condenser waterpremises.
Appears in 1 contract
Landlord Services. From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, but not earlier than the Commencement Date, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”):
(a) heatLandlord shall provide the following to the Premises and/or other areas in the Project as identified herein twenty-four (24) hours per day, 365 days per year, unless specified otherwise herein, during the Term at no additional cost except for those costs included in Tenant’s Share of Operating Expenses, unless specified otherwise herein, consistent in terms of quality, quantity and frequency at or above the levels specified herein with those services provided in other Class A Projects: (i) heating, ventilation and air-air conditioning to (“HVAC”) in the Premises respective seasons during Business Hours on each Business Day and upon reasonable prior written request from Tenant, from 8:00 a.m. to 1:00 p.m. on Saturdays which are not a Holiday for reasonably comfortable occupancy of in the Premises, subject to Tenant’s compliance with design conditionscommon area hallways, including occupancy lobbies and electric load criteria established by Landlord during bathrooms meeting the applicable heating and cooling seasons as determined by Landlord from time to time (which heating season is from on or about October 16 to on or about May 14 and which cooling season is from on or about May 15 to on or about October 15); if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall use all reasonable efforts to furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by noon of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by noon of the immediately preceding Business Day, and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor which, as of the date of this Lease are $515.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first specifications set forth above in this Section 3.01(a);
(i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least one passenger elevator subject to call at all other times, subject to Unavoidable Delay, repairs, and Building Rules and Regulations, and (ii) freight elevator and loading dock Exhibit F attached hereto; provided HVAC service to the Premises on a first come-first served basis before or after Business Hours (i.e., no advance schedulingif required by Tenant) on Business Days from 8:00 a.m. to 5:00 p.m. (excluding a 1 hour lunch break), will be provided via the automated system described in 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 $190.00 per hour, subject to increase from time the terms of Section 7(b); (ii) electricity in the amount necessary to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows (a) all lighting and equipment in the standard hours first Premises with such amount not to exceed the amount set forth above in this Section 3.01(b)(iithe specifications set forth on Exhibit F attached hereto (hereby defined as “Building Standard Electricity”); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding anything to and (b) Common Areas and the contrary contained herein, Tenant shall not incur a charge Parking Garage and any other parking facilities for the first twelve Building; (12iii) hours of overtime freight elevator use booked by Tenant or used by Tenant (if not so booked, but subject to a minimum four (4) hours of usage) water for Tenant’s initial move-drinking purposes in to the Premises, subject and hot and cold water for requirements in the restrooms, and sewer services to all required devices and areas in the Premises, restrooms and other Common Areas, and, to the extent applicable to the Building, gas, oil, and steam service; (iv) cleaning services meeting the minimum specifications set forth on Exhibit I attached hereto; (v) pest control; (vi) sprinkler and fire alarm systems as required by governmental authorities for the Premises, Building and Parking Garage; (vii) landscaping services; (viii) property management services; (ix) washing of the outside windows in the Premises no less than one (1) time per calendar year; (x) elevators serving all floors of the Building and Parking Garage; (xi) supply and install Building-standard bulbs and/or any other parts associated with such Building-standard electric lighting fixtures as necessary in the Premises and in the Common Areas and Parking Garage and any other parking facilities for the Building, for the purpose of this Lease, “Building-standard bulbs” mean bulbs which are typically found in light fixtures in the Premises and other tenant spaces in the Building, but in no event bulbs in Tenant’s furniture, and “Building-standard electric lighting fixtures” mean lighting fixtures which are typically found in the Premises and other tenant spaces in the Building, but in no event fixtures in Tenant’s furniture; (xii) access to the Building, Premises, Parking Garage and Project twenty-four hours per day, seven days a week except during bona fide emergencies (access to the Building rules and regulations related to such freight elevator use;
and/or Parking Garage when locked, secured, and/or controlled shall be by a card-access system provided by Landlord); (cxiii) reasonable quantities of tepid and cold water to the floor(s) on which pest control for the Premises are located for core lavatory and cleaning purposes onlyProject as necessary to maintain a pest free environment; if Tenant requires water for any other purpose, Landlord shall furnish cold water at (xiv) interior plant maintenance in the Building core riser through a capped outlet located on the floor on which the Premises is located Common Areas; and (within the core of the Building), and the cost of heating such water, as well as the cost of piping and supplying such water to the Premises, shall be paid by xv) security patrol services. 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 in which event utility service not provided by Landlord that Tenant shall reimburse Landlord on demand for desires at the quantities of water shown on such metersPremises, at Landlord’s cost therefor (including costs for sewer rents and taxes) plus 5%;
(d) electric energy on a submetered basis through presently installed electric facilities for upon Tenant’s written request, Landlord agrees to provide prompt and reasonable use of lighting access at no expense to the Building risers, service areas and other electrical fixtures, appliances required areas necessary for these services to be established and equipment provided in the amount Project. Notwithstanding anything contained in this Section 7(a) and/or this Lease to the contrary, after Tenant provides Landlord with not to exceed 5 ▇▇▇▇▇ per usable square feetless than 90 days’ prior written notice, on a connected load basisTenant may elect, or at Landlord’s in its sole discretion, at higher voltage providing equivalent capacity (exclusive of 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 Premisesdirectly contract, nor shall Tenant be entitled to any unallocated power available in the Building unless, in Landlord’s judgment (taking into account the then existing and future needs of other then existing and future tenantsoversee, and other needs of the Building), the same is available and necessary pay 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 provide such additional power;
(e) 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 meeting the minimum specifications set forth on Exhibit I or such higher specifications as Tenant may require beginning on the date specified in Tenant’s notice (which date must be at least 90 days after the date 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 receipt of such notice). In the event Tenant provides the notice and elects to directly contract for, oversee and pay for cleaning times. Notwithstanding services as provided for in the foregoingpreceding sentence, Landlord shall not be required to clean any portions stop providing such services as of the Premises used for preparation, serving or consumption of food or beverages (other than standard office cleaning to the extent part of Landlord’s base Building cleaning contract date specified in small office type pantry areas), 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 notice and not include the cost for such services in Project Expenses. In the event Tenant elects to perform such cleaning and any other have Landlord resume providing cleaning services in excess of those provided for in Exhibit D. the Premises and the Building, Landlord agrees to do so within 90 days after 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; and
(f) if requested by Tenant prior to occupancy receipt of the Premises, in writing, an amount of condenser water that Landlord reasonably determines is available and adequate for customary office occupancy of the Premises not to exceed five(5) tons (“Maximum Capacity”) of condenser water for Tenant’s supplemental HVAC system. Tenant shall perform all necessary work written notice and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser on thereafter include the floor on which the Premises is located. Tenant shall pay to Landlord a fee of $1,500 per tap and all connection costs and shall pay an annual charge for Tenant’s usage of condenser water an amount equal to the then charge for same established by Landlord per connected ton of Maximum Capacity per annum, subject to increase from time to time by Landlord, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor. If Tenant fails to utilize any quantity of condenser water for 180 days or more in a one year period, Landlord shall have the right upon notice to Tenant to irrevocably reduce the number of tons of condenser water to which Tenant is entitled by the number of such unutilized tons, in which case Landlord shall only charge Tenant cost for such lower number of tons of condenser waterservices in Project Expenses.
Appears in 1 contract
Landlord Services. From 11.1 LANDLORD, at LANDLORD’S cost and after expense (subject to reimbursement as ADDITIONAL RENT pursuant to the date that Tenant first occupies the Premises for the conduct terms of Tenant’s businessthis LEASE), but not earlier than the Commencement Date, Landlord shall furnish Tenant with cause the following services (collectively, “Landlord Services”):to be provided:
(a) heat, ventilation provide lawn care and air-conditioning to landscaping for the Premises during Business Hours on each Business Day and upon reasonable prior written request from Tenant, from 8:00 a.m. to 1:00 p.m. on Saturdays which are not a Holiday for reasonably comfortable occupancy of the Premises, subject to Tenant’s compliance with design conditions, including occupancy and electric load criteria established by Landlord during the applicable heating and cooling seasons as determined by Landlord from time to time (which heating season is from on or about October 16 to on or about May 14 and which cooling season is from on or about May 15 to on or about October 15); if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall use all reasonable efforts to furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by noon of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by noon of the immediately preceding Business Day, and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor which, as of the date of this Lease are $515.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(a)PROPERTY COMMON AREA;
(ib) passenger elevator service to each floor of provide snow shoveling and snow and ice removal from the Premises at all times during Business Hours parking area, sidewalks, drives and roadways on Business Days, with at least one passenger elevator subject to call at all other times, subject to Unavoidable Delay, repairs, and Building Rules and Regulations, 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 5:00 p.m. (excluding a 1 hour lunch break), 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 $190.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(b)(ii); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding anything to the contrary contained herein, Tenant shall not incur a charge for the first twelve (12) hours of overtime freight elevator use booked by Tenant or used by Tenant (if not so booked, but subject to a minimum four (4) hours of usage) for Tenant’s initial move-in to the Premises, subject to the Building rules and regulations related to such freight elevator usePROPERTY COMMON AREA;
(c) reasonable quantities of tepid provide general external and cold water structural maintenance to the floor(s) on which the Premises are located for core 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 located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water, as well as the cost of piping and supplying such water to the Premises, 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 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 5%BUILDING;
(d) electric energy on a submetered basis through presently installed electric facilities for Tenant’s reasonable use of lighting keep in good order and other electrical fixtures, appliances repair and equipment in the amount not to exceed 5 ▇▇▇▇▇ per usable square feet, on a connected load basis, or at Landlord’s sole discretion, at higher voltage providing equivalent capacity (exclusive of 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 unlessmaintain, in Landlord’s judgment (taking into account the then existing accordance with all applicable laws, rules and future needs of other then existing and future tenants, and other needs of the Building)regulations, the same is available fire water pump, pump house, sewer, water, gas, electrical 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 fire lines located at the Premises and the cost of installing additional risers, meters, switches and related equipment necessary to provide such additional powerPROPERTY;
(e) cleaning services on Business Days in accordance with Exhibit D attached hereto. Tenant shall pay to Landlord on demand maintain and service the costs incurred by Landlord heat, air-conditioning, ventilation, mechanical, electrical, gas and plumbing systems for (i) extra cleaning work in the Premises required because of (A) carelessnessLEASED PREMISES, indifferencethe BUILDING, 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 TENANT SUITE 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 (other than standard office cleaning to the extent part of Landlord’s base Building cleaning contract in small office type pantry areas), 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; andPROPERTY COMMON AREA;
(f) if requested by Tenant prior provide a dumpster near the BUILDING for TENANT’s use for ordinary and customary office refuse;
(g) cause the BUILDING, the LEASED PREMISES, TENANT SUITE and the PROPERTY COMMON AREA to occupancy comply with all applicable laws, ordinances, rules and regulations including, but not limited to, the Americans with Disability Act (subject to reimbursement as OPERATING EXPENSES pursuant to Section 6.3 and 6.4 hereof);
(h) provide janitorial services to the common lobbies, hallways and restrooms of the PremisesTENANT SUITE and the BUILDING. Notwithstanding anything to the contrary set forth in this LEASE, TENANT acknowledges that TENANT shall be responsible for cleaning and all other janitorial services at the LEASED PREMISES, at TENANT’s sole cost and expense as set forth in writingSection 10.3 hereof;
11.2 If any interruption of utilities or essential services that (1) results from LANDLORD’S default hereunder or LANDLORD’S negligence, an amount (2) is within the LANDLORD’S reasonable control to correct and (3) does not result from TENANT’S default or failure to maintain hereunder or TENANT’S negligence, shall continue for more than fifteen (15) consecutive days and shall render the LEASED PREMISES untenantable for the normal conduct of condenser water that Landlord reasonably determines is available and adequate for customary office occupancy TENANT’S business, a pro rata portion based upon the untenantable square feet of the Premises not to exceed five(5) tons (“Maximum Capacity”) LEASED PREMISES of condenser water for Tenant’s supplemental HVAC system. Tenant the NET RENT and ADDITIONAL RENT and other payments hereunder shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser on the floor on which the Premises is located. Tenant shall pay to Landlord a fee of $1,500 per tap and all connection costs and shall pay an annual charge for Tenant’s usage of condenser water an amount equal to the then charge for same established by Landlord per connected ton of Maximum Capacity per annum, subject to increase from time to time by Landlord, which amount shall be payable within 10 days after rendition of a a▇▇▇▇ thereforfrom the period beginning on the sixteenth (16th) consecutive day of such interruption and continuing until and to the extent use of the LEASED PREMISES is restored to TENANT. If Tenant fails to utilize any quantity of condenser water for 180 days or more in a one year period, Landlord LANDLORD shall have no other or further liability to TENANT for any interruption or suspension of heating, air-conditioning, ventilation, electric, plumbing, mechanical services to the right upon notice to Tenant to irrevocably reduce the number of tons of condenser water to which Tenant is entitled by the number of such unutilized tons, in which case Landlord shall only charge Tenant for such lower number of tons of condenser waterLEASED PREMISES.
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Landlord Services. From To provide elevator service where applicable.
A. To provide water for lavatory and after drinking purposes in places designated by Landlord.
B. To provide maintenance services to keep the date that public areas of the building in good order and to cause the leased premises to be cleaned by sweeping floors, dusting the surfaces of normal office furniture, and emptying waste baskets on each business day, and to cause the floors and windows of the public areas in the leased premises to be cleaned at reasonable intervals. Janitorial services to be equivalent to service in a Class A office building.
C. With regard to the furnishing of air conditioning as provided in an above and electric power as provided in B." above, Tenant first occupies covenants and agrees not to use any apparatus or device not required to conduct normal transportation institution business in, upon or about the Premises leased premises which in any way may increase the demand and usage of such services as normally and usually furnished or supplied to the premises and shall not connect any apparatus or device to the conduits or pipes or other means by which such services are supplied for the conduct purpose of Tenant’s businessusing or acquiring additional or unusual amounts of such services without the written consent of Landlord, but consent not earlier than the Commencement Dateto be unreasonably withheld. Should Tenant use such demand, use, or require such additional services, Landlord shall furnish Tenant with charge for the following services (collectivelysame. Such charge shall be additional rental and shall be based upon the requirements and usage which are in excess of the usual, “Landlord Services”):
(a) heatcustomary, ventilation and air-conditioning normal office usage of such building. Such charge shall be based upon the average cost per unit of electricity for the building applied to the Premises during Business Hours on each Business Day and upon reasonable prior written request from Tenant, from 8:00 a.m. to 1:00 p.m. on Saturdays which are not a Holiday for reasonably comfortable occupancy of the Premises, subject to Tenant’s compliance with design conditions, including occupancy and electric load criteria established by Landlord during the applicable heating and cooling seasons excess use as determined by an independent engineer selected by Landlord from time and tenant, or shall be determined by a sub-meter to time (which heating season is from on or about October 16 to on or about May 14 be furnished and which cooling season is from on or about May 15 to on or about October 15); if Tenant shall require heat, ventilation or air conditioning services installed at any other times, Landlord shall use all reasonable efforts to furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by noon of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by noon option of the immediately preceding Business Day, Landlord and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor which, as of the date of this Lease are $515.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(a);
(i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least one passenger elevator subject to call at all other times, subject to Unavoidable Delay, repairs, and Building Rules and Regulations, 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 5:00 p.m. (excluding a 1 hour lunch break), 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 $190.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(b)(ii); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding anything to the contrary contained herein, Tenant shall not incur a charge for the first twelve (12) hours of overtime freight elevator use booked by Tenant or used by Tenant (if not so booked, but subject to a minimum four (4) hours of usage) for Tenant’s initial move-in to the Premises, subject to the Building rules and regulations related to such freight elevator use;
(c) reasonable quantities of tepid and cold water to the floor(s) on which the Premises are located for core 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 located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water, as well as the cost of piping and supplying such water to the Premises, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s ▇▇▇▇▇▇'s expense, meters to measure Tenant’s consumption of water for such other 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 5%;
(d) 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 in the amount not to exceed 5 . If ▇▇▇▇▇▇ per usable square feetrefuses to pay upon demand to landlord any such excess charge, on such refusal shall be and constitute a connected load basis, or at Landlord’s sole discretion, at higher voltage providing equivalent capacity (exclusive breach of the base Building HVAC system); obligation to pay rent under and pursuant to this Lease and entitle Landlord to any and all rights and remedies herein granted Landlord and reserved to Landlord for such breach.
D. To furnish Tenant, free of charge, with two keys for each door entering the leased premises, and additional or replacement keys will be furnished at a charge by Landlord equal to its cost plus 15% on an order signed by Tenant or ▇▇▇▇▇▇'s authorized representative. All such keys shall remain the property of Landlord. No additional locks shall be allowed on any door of leased premises, and Tenant shall not make or permit to be made any duplicate keys, except those furnished by Landlord. Upon termination of this lease, ▇▇▇▇▇▇ shall surrender to Landlord all keys of the leased premises and give to Landlord the explanation of the combination of all locks for safes, safe cabinet, and vault doors, if any, in no event shall Tenant’s consumption the leased premises.
▇. ▇▇▇▇▇▇▇▇ agrees to furnish a Lobby Directory Board Strip identifying Tenant on the Lobby Directory Board. The cost of electricity exceed the capacity of existing feeders any changes or additions will be charged 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 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 provide such additional power;.
(e) 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, F. Landlord shall not be required to clean responsible for any portions of the Premises used for preparation, serving or consumption of food or beverages (other than standard office cleaning security to the extent part of Landlord’s base Building cleaning contract in small office type pantry areas)building, training roomsthe leased premises, 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; and
(f) if requested by Tenant prior to occupancy of the Premises, in writing, an amount of condenser water that Landlord reasonably determines is available and adequate for customary office occupancy of the Premises not to exceed five(5) tons (“Maximum Capacity”) of condenser water for Tenant’s supplemental HVAC system. Tenant shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser on the floor on which the Premises is located. Tenant shall pay to Landlord a fee of $1,500 per tap and all connection costs and shall pay an annual charge for Tenant’s usage of condenser water an amount equal to the then charge for same established by Landlord per connected ton of Maximum Capacity per annum, subject to increase from time to time by Landlord, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor▇▇▇'s property therein, except locking exit and entry doors to the common area.
G. No interruption or malfunction of any of the service to be furnished by Landlord hereunder shall constitute an eviction or disturbance of Tenant's use and possession of the leased premises, or a breach by the Landlord of any of its obligations hereunder, or render the Landlord liable for damages or entitle Tenant to be relieved of any of its obligations hereunder (including obligation to pay rent) or grant Tenant any right of set off or recoupment unless caused by gross negligence or willful misconduct of the Landlord. If Tenant fails to utilize In the event of any quantity such interruption or malfunction of condenser water for 180 days or more in a one year periodsuch services, however, Landlord shall have agrees to use reasonable diligence to restore such services.
H. Pest control services to the right upon notice to Tenant to irrevocably reduce the number of tons of condenser water to which Tenant is entitled by the number of such unutilized tons, in which case Landlord shall only charge Tenant for such lower number of tons of condenser waterpremises.
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Landlord Services. From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, but not earlier than the Commencement Date, Landlord shall furnish Tenant with those services hereafter described. Janitor service and refuse removal service shall be furnished following normal business hours. All other services shall be furnished during the following services (collectively, “Landlord Services”):
(a) heat, ventilation hours of 7:00 a.m. to 6:00 p.m. on weekdays and air-conditioning to the Premises during Business Hours on each Business Day and upon reasonable prior written request from Tenant, from 8:00 7:00 a.m. to 1:00 p.m. on Saturdays which (except holidays). If any services to be provided are not a Holiday for reasonably comfortable occupancy of the Premisessuspended or interrupted by strikes, subject to Tenant’s compliance with design conditionsrepairs, including occupancy and electric load criteria established by Landlord during the applicable heating and cooling seasons as determined by Landlord alternations, orders from time to time (which heating season is from on any governmental authority or about October 16 to on or about May 14 and which cooling season is from on or about May 15 to on or about October 15); if Tenant shall require heat, ventilation or air conditioning services at any other timescause beyond Landlord's reasonable control, Landlord shall use all reasonable efforts to furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by noon of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by noon of the immediately preceding Business Day, and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor which, as of the date of this Lease are $515.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall not be a minimum charge of 4 hours liable for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(a);
(i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least one passenger elevator subject to call at all other times, subject to Unavoidable Delay, repairs, and Building Rules and Regulations, 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 5:00 p.m. (excluding a 1 hour lunch break), 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 $190.00 per hour, subject to increase from time to time costs or damages incurred by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(b)(ii); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding anything to the contrary contained herein, Tenant . Suspension or interruption shall not incur a charge for result in any abatement of rent, be deemed an eviction or relieve Tenant of performance of Tenant's obligations under this Lease. Services furnished:
7.5.1 Elevator service in common with others, where applicable.
7.5.2 Men's and women's restrooms situated on the first twelve (12) hours of overtime freight elevator use booked by Tenant or used by Tenant (if not so booked, but subject to a minimum four (4) hours of usage) for Tenant’s initial move-floor in to the Premises, subject to the Building rules and regulations related to such freight elevator use;
(c) reasonable quantities of tepid and cold water to the floor(s) on which the Premises are located for core lavatory together with hot and cleaning purposes only; if Tenant requires cold water for any other purpose, Landlord shall furnish cold water at the Building core riser through a capped outlet located use in said restrooms;
7.5.3 One refrigerated drinking fountain on the floor on which the Premises is located (within the core are located;
7.5.4 A clean, street-level lobby, entrance way, elevator lobbies, public corridor and other public portions of the Building), and the cost of heating such water, as well as the cost of piping and supplying such water to the Premises, shall be paid by Tenant; Landlord may install and maintain, at Tenant’s expense, meters to measure Tenant’s consumption of water Building for such other purposes use 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 5%common with others;
(d) electric energy on 7.5.5 Electric current sufficient to operate the Building's standard fluorescent lighting fixtures and to provide for wall or floor duplex receptacles installed in Premises;
7.5.6 Relamping and maintaining building standard fluorescent lighting fixtures installed in Premises;
7.5.7 Heating, ventilating and air conditioning sufficient to provide, in Landlord's judgment, reasonable comfort for normal office use in Premises having a submetered basis through presently installed electric facilities for Tenant’s reasonable use maximum occupancy loan of lighting and other electrical fixtures, appliances and equipment in the amount not to exceed 5 ▇▇▇▇▇ one person per usable 100 square feet, on a connected load basis, or at Landlord’s sole discretion, at higher voltage providing equivalent capacity . Landlord Tenant /s/ NDH /s/ BPS ------- -------
7.5.8 Janitor service and refuse removal Monday through Friday (exclusive of the base Building HVAC systemholidays); in no event shall Tenant’s consumption . The level 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 judgment (taking into account the then existing janitor service 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 refuse removal provided to the Premises and the cost of installing additional risers, meters, switches and related equipment necessary to provide such additional power;
(e) 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 include cleaning, maintenance and providing supplies for preparationeating facilities, serving computer centers or consumption of food or beverages (other than standard office cleaning to the extent part of Landlord’s base Building cleaning contract in small office type pantry special equipment areas), 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; and
(f) if requested by Tenant prior to occupancy of the Premises, in writing, an amount of condenser water that Landlord reasonably determines is available and adequate for customary office occupancy of the Premises not to exceed five(5) tons (“Maximum Capacity”) of condenser water for Tenant’s supplemental HVAC system. Tenant shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser on the floor on which the Premises is located. Tenant shall pay to Landlord a fee of $1,500 per tap and all connection costs and shall pay an annual charge for Tenant’s usage of condenser water an amount equal to the then charge for same established by Landlord per connected ton of Maximum Capacity per annum, subject to increase from time to time by Landlord, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor. If Tenant fails to utilize any quantity of condenser water for 180 days or more in a one year period, Landlord shall have the right upon notice to Tenant to irrevocably reduce the number of tons of condenser water to which Tenant is entitled by the number of such unutilized tons, in which case Landlord shall only charge Tenant for such lower number of tons of condenser water.
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Landlord Services. From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, but not earlier than the Commencement DateSubject to reimbursement in accordance with Section 4 above, Landlord shall furnish Tenant with the following services (collectively, “Landlord Services”):
agrees to provide: (a) heatwater and sewer services to the Building; (b) janitorial and cleaning services (to both the Premises and common areas of the Building on Business Days (as defined below)) provided, ventilation however, that Landlord shall not be required to provide janitorial or cleaning services to the portion of the Premises that is used by Tenant for laboratory services (the “Lab Area”); (c) landscaping services; and air-(d) snow removal services, all in amounts consistent with services provided in similar type buildings in the community, provided that: (i) Landlord shall not be liable for the failure to supply or interruption of any such service by reason of any cause beyond Landlord’s reasonable control; (ii) if Tenant requires installation of a separate or supplementary heating, cooling, ventilating and/or air conditioning system, Tenant shall pay all costs in connection with the furnishing, installation and operation thereof; and (iii) if Tenant requires janitorial and cleaning services beyond those provided by Landlord, Tenant shall arrange for such additional services through Landlord, and Tenant shall pay Landlord upon receipt of billing therefor. Landlord shall also provide electricity services (in accordance with and subject to the terms and conditions of Section 12.1 below) and HVAC service to the Premises during Business Hours (in accordance with and subject to the terms and conditions of Section 12.1 below). In addition, unless otherwise provided for in this Lease, and subject to Section 5, Landlord shall be responsible for the maintenance, repair and replacement of the Base Building Systems, exterior and structural repairs to the Building, and capital improvements to the Building, unless such repairs and replacements are necessitated by damage caused by the negligence or willful misconduct of Tenant or Tenant’s agents. For purposes herein, “Business Hours” shall mean 7:00 a.m. to 7:00 p.m. on each Business Day Days, and upon reasonable prior written request from Tenant, from 8:00 a.m. to 1:00 p.m. on Saturdays which are not a Holiday for reasonably comfortable occupancy of the PremisesSaturdays. For purposes herein, subject to Tenant’s compliance with design conditions“Business Days” shall mean Monday through Friday, including occupancy and electric load criteria established by Landlord during the applicable heating and cooling seasons as determined by Landlord from time to time (which heating season is from on or about October 16 to on or about May 14 and which cooling season is from on or about May 15 to on or about October 15); if Tenant shall require heatexcluding Saturdays, ventilation or air conditioning services at any other times, Landlord shall use all reasonable efforts to furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by noon of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by noon of the immediately preceding Business DaySundays, and federal or state holidays. Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor which, as of acknowledges that the date of this Lease are $515.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional HVAC service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(a);
(i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least one passenger elevator subject to call at all other times, subject to Unavoidable Delay, repairs, and Building Rules and Regulations, and (ii) freight elevator and loading dock service supplied to the Premises on a first come-first served basis (i.e.operates via electricity, no advance scheduling) on Business Days from 8:00 a.m. the costs of which will be separately metered to 5:00 p.m. (excluding a 1 hour lunch break), Tenant 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 $190.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(b)(ii); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding anything to the contrary contained herein, Tenant shall not incur a charge for the first twelve (12) hours of overtime freight elevator use booked paid by Tenant or used by Tenant (if not so booked, but subject to a minimum four (4) hours of usage) for Tenant’s initial move-in to the Premises, subject to the Building rules and regulations related to such freight elevator use;
(c) reasonable quantities of tepid and cold water to the floor(s) on which the Premises are located for core 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 located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water, as well as the cost of piping and supplying such water to the Premises, 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 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 5%;
(d) 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 in the amount not to exceed 5 ▇▇▇▇▇ per usable square feet, on a connected load basis, or at Landlord’s sole discretion, at higher voltage providing equivalent capacity (exclusive of 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 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 provide such additional power;
(e) 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 (other than standard office cleaning to the extent part of Landlord’s base Building cleaning contract in small office type pantry areas), 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; and
(f) if requested by Tenant prior to occupancy of the Premises, in writing, an amount of condenser water that Landlord reasonably determines is available and adequate for customary office occupancy of the Premises not to exceed five(5) tons (“Maximum Capacity”) of condenser water for Tenant’s supplemental HVAC system. Tenant shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser on the floor on which the Premises is located. Tenant shall pay to Landlord a fee of $1,500 per tap and all connection costs and shall pay an annual charge for Tenant’s usage of condenser water an amount equal to the then charge for same established by Landlord per connected ton of Maximum Capacity per annum, subject to increase from time to time by Landlord, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefor. If Tenant fails to utilize any quantity of condenser water for 180 days or more in a one year period, Landlord shall have the right upon notice to Tenant to irrevocably reduce the number of tons of condenser water to which Tenant is entitled by the number of such unutilized tons, in which case Landlord shall only charge Tenant for such lower number of tons of condenser waterSection 12.1 below.
Appears in 1 contract
Sources: Lease Agreement (Verastem, Inc.)
Landlord Services. From and after the date that Tenant first occupies the Premises for the conduct of Tenant’s business, but not earlier than the Commencement Date, Landlord shall furnish Tenant with will provide the following services (collectively, “Landlord Services”):
(a) heat, ventilation and air-conditioning to the Premises during Business Hours on each Business Day and upon reasonable prior written request from Tenant, from 8:00 a.m. to 1:00 p.m. on Saturdays which are not a Holiday for reasonably comfortable occupancy of the Premises, subject to Tenant’s compliance with design conditions, including occupancy and electric load criteria established by Landlord during the applicable heating and cooling seasons as determined by Landlord from time to time (which heating season is from on or about October 16 to on or about May 14 and which cooling season is from on or about May 15 to on or about October 15); if Tenant shall require heat, ventilation or air conditioning services at any other times, Landlord shall use all reasonable efforts to furnish such service (i) in the case of a Business Day, upon receiving notice from Tenant by noon of such Business Day and (ii) in the case of a day other than a Business Day, upon receiving notice from Tenant by noon of the immediately preceding Business Day, and Tenant shall pay to Landlord upon demand Landlord’s then established charges therefor which, as of the date of this Lease are $515.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(a);
(i) passenger elevator service to each floor of the Premises at all times during Business Hours on Business Days, with at least one passenger elevator subject to call at all other times, subject to Unavoidable Delay, repairs, and Building Rules and Regulations, 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 5:00 p.m. (excluding a 1 hour lunch break), 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 $190.00 per hour, subject to increase from time to time by Landlord, plus applicable sales tax; provided, that there shall be a minimum charge of 4 hours for any period of additional service that neither immediately precedes nor immediately follows the standard hours first set forth above in this Section 3.01(b)(ii); Tenant’s use of all elevators shall be on a non-exclusive basis; notwithstanding anything to the contrary contained herein, Tenant shall not incur a charge for the first twelve (12) hours of overtime freight elevator use booked by Tenant or used by Tenant (if not so booked, but subject to a minimum four (4) hours of usage) for Tenant’s initial move-in to the Premises, subject to the Building rules and regulations related to such freight elevator use;
(c) reasonable quantities of tepid and cold water to the floor(s) on which the Premises are located for core 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 located on the floor on which the Premises is located (within the core of the Building), and the cost of heating such water, as well as the cost of piping and supplying such water to the Premises, 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 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 5%;
(d) 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 in the amount not to exceed 5 ▇▇▇▇▇ per usable square feet, on a connected load basis, or at Landlord’s sole discretion, at higher voltage providing equivalent capacity (exclusive of 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 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 Building throughout the term of this Lease unless otherwise stated in Exhibit G-Special Provisions at the end of this lease: Maintenance of the roof, exterior walls and foundations; Grounds and landscaping maintenance and Parking lot maintenance and sweeping; Janitorial services to the Leased Premises and public areas of the Building three (3) times per week, excluding holidays. Landlord shall not provide maid service to kitchens or storage areas included in the Leased Premises; Landlord shall cause the exterior windows of the Building to be cleaned on a regular basis. Maintenance of the HVAC within the Building and specifically including the Premises. Central heat and air conditioning, at such times as Landlord normally furnishes these services to all tenants of the Building and at such temperatures and in such amounts as are reasonably considered by Landlord to be standard. Landlord shall furnish standard building electric current for fluorescent lighting, computers, electrical typewriters, copying machines and other similar light office equipment suitable for a professional office, but not including special lighting in excess of Building standard, and any other item of electrical equipment which (singly) consumes more than two (2) kilowatts at rated capacity or requires a voltage other than 120 volts single phase. In addition, Landlord shall furnish, supply and maintain the Common Areas, such as the restrooms, and shall furnish water and sewage disposal in the building in which the Leased Premises are located. All costs of Landlord for providing the services set forth in this Article shall be deemed Operating Expenses and subject to the Additional Rent provisions in Section 5 and shall be payable as therein provided. Landlord does not warrant that any service or any equipment or machinery provided by Landlord (if any) will be free from interruption caused by repairs, renewal, improvements, changes of service, alterations, strikes, lockouts, labor controversies, accidents, inability to obtain fuel or power at a reasonable cost or other causes beyond Landlord's control. No such interruption shall be deemed an eviction or disturbance of installing additional risersTenant's use and possession, metersshall not provide an abatement of rent, switches or relieve Tenant from any obligation under this Lease, provided that Landlord shall reasonably restore such interrupted service. In the event Tenant becomes aware of any needed repairs, Tenant shall give immediately written notice to Landlord of the need for repairs or corrections and related equipment necessary Landlord use reasonable diligence to provide commence to make such additional power;
repairs or corrections. If Landlord fails to commence such repairs within a reasonable time, but not more than five (e5) cleaning services on Business Days days after such notice, and prosecute the work diligently, Tenant may make such repairs and credit ▇▇▇▇▇▇'s cost relating thereto against any sums of rent otherwise due hereunder. Care of Leased Premises Tenant, by it's occupancy hereunder, accepts the Leased Premises as being in accordance with Exhibit D attached heretogood repair and condition. Tenant shall pay to Landlord on demand maintain 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 Leased Premises and the Building of any refuse of Tenant every part thereof in excess of that ordinarily accumulated in business office occupancygood repair and condition, including, without limitation, kitchen ordinary wear 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 (other than standard office cleaning to the extent part of Landlord’s base Building cleaning contract in small office type pantry areas), 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; and
(f) if requested by Tenant prior to occupancy of the Premises, in writing, an amount of condenser water that Landlord reasonably determines is available and adequate for customary office occupancy of the Premises not to exceed five(5) tons (“Maximum Capacity”) of condenser water for Tenant’s supplemental HVAC system. Tenant shall perform all necessary work and install all required equipment to permit Tenant to tap into Landlord’s condenser water riser on the floor on which the Premises is located. Tenant shall pay to Landlord a fee of $1,500 per tap and all connection costs and shall pay an annual charge for Tenant’s usage of condenser water an amount equal to the then charge for same established by Landlord per connected ton of Maximum Capacity per annum, subject to increase from time to time by Landlord, which amount shall be payable within 10 days after rendition of a ▇▇▇▇ therefortear excepted. If Tenant fails to utilize any quantity of condenser water for 180 days or more maintain the Leased Premises as required in a one year periodthis Lease, Landlord shall have the right upon notice may maintain and make necessary repairs without liability to Tenant for any loss or damage that may occur to irrevocably reduce the number of tons of condenser water Tenant's property or business, and Tenant shall be liable to which Tenant is entitled by the number of Landlord for all costs incurred in making such unutilized tons, in which case Landlord shall only charge Tenant for such lower number of tons of condenser waterrepairs.
Appears in 1 contract
Sources: Lease Agreement