Common use of Ordinary Services to the Premises Clause in Contracts

Ordinary Services to the Premises. As long as no Event of Default has occurred and is continuing and subject to Legal Requirements and Force Majeure events, Landlord shall use best efforts to furnish to the Premises throughout the Term (i) electricity appropriate for the Permitted Use, (ii) heating and air conditioning appropriate for the Permitted Use during Normal Business Hours, (iii) regular janitorial service, (iv) regular trash removal from the Premises, (v) hot and cold water from points of supply, (vi) adequate supplies for restrooms located in the Common Area, and (vii) elevator service, provided that Landlord shall have the right to temporarily remove such elevators from service as may be required for moving, freight or for servicing or maintaining the elevators or the Building or for security reasons. The cost of all services provided by Landlord hereunder shall be included within Operating Expenses, unless charged directly (and not as a part of Operating Expenses) to Tenant or another tenant of the Building. The foregoing services shall be furnished by Landlord and reimbursed by Tenant as part of Operating Expenses; provided, however, that Landlord shall be under no responsibility or liability for failure, defect or interruption in such services caused by Force Majeure, breakage, accident, strikes, repairs or for any other cause or causes beyond the control of Landlord, nor in any event for any indirect or consequential damages; and failure or omission on the part of Landlord to furnish such service shall not be construed as an eviction of Tenant, nor work an abatement of Rent, nor render Landlord liable in damages, nor release Tenant from prompt fulfillment of any of the covenants under this Lease. Landlord may comply with voluntary controls or guidelines promulgated pursuant to any Legal Requirements relating to the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Landlord shall not be responsible if the normal operation of the Building air-conditioning system shall fail to provide conditioned air within comfortable temperatures levels (A) in any portions of the Premises which have a connected electrical load for all purposes (including lighting and power) or which have a human occupancy in excess of the average electrical load and human occupancy factors for which the Building air-conditioning system is designed, (B) because of Alterations made by or on behalf of Tenant, (C) in any portions of the Premises exposed to direct sunlight in which Tenant fails to keep the window treatments closed, or (D) because of the failure by Tenant or its Agents to use the HVAC system in the manner in which it was designed to be used. Tenant agrees to observe and comply with all reasonable rules from time to time prescribed by Landlord for the proper functioning and protection of the HVAC systems in the Building.

Ordinary Services to the Premises. As long as no Event of Default has occurred and is continuing and subject to Legal Requirements and Force Majeure events, Landlord shall use best efforts to furnish to the Premises throughout the Term (i) electricity appropriate for the Permitted Use, (ii) heating and air conditioning appropriate for the Permitted Use during Normal Business HoursBuilding Hours (it being understood that supplemental heating and air conditioning required to serve special use areas contained in the Premises shall be handled in accordance with Section 18.3), (ii) janitorial service five (5) days per week, (iii) regular janitorial service, (iv) regular trash removal from the Premises, (viv) hot and cold water from points of supply, (v) restrooms as required by applicable code, (vi) adequate supplies for restrooms located in the Common Area, and (vii) elevator service, provided that Landlord shall have the right to temporarily remove such elevators from service as may be required for moving, freight or for servicing or maintaining the elevators or the Building or for security reasonsBuilding, and (vii) electricity. The cost of all services provided by Landlord hereunder shall be included within Operating Expenses, unless charged directly (and not as a part of Operating Expenses) to Tenant or another tenant of the Building. Landlord agrees to furnish landscaping and grounds maintenance and snow clearing for the areas used in common by the tenants of the Building or the Project. The foregoing services shall be furnished by Landlord and reimbursed by Tenant as part of Operating Expenses; provided, howeverhowever that, that except as expressly stated in Section 22.8 with respect to essential services, Landlord shall be under no responsibility or liability for failure, defect failure or interruption in such services caused by Force Majeure, breakage, accident, strikes, repairs or for any other cause or causes beyond the control of Landlord, nor in any event for any indirect or consequential damages; and failure or omission on the part of Landlord to furnish such service shall not be construed as an eviction of Tenant, nor work an abatement of Rent, nor render Landlord liable in damages, nor release Tenant from prompt fulfillment of any of the covenants under this Lease. ; provided, however, that if such failure or inability is the result of Landlord’s negligent or willful misconduct, and if Landlord may comply with voluntary controls is not proceeding diligently to correct such failure or guidelines promulgated pursuant to any Legal Requirements relating to the use inability, and if all or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Landlord shall not be responsible if the normal operation of the Building air-conditioning system shall fail to provide conditioned air within comfortable temperatures levels (A) in any portions substantially all of the Premises which have is rendered unusable by Tenant for a connected electrical load for all purposes continuous period of ten (including lighting 10) consecutive days after Tenant gives Landlord written notice thereof, and power) or which have a human occupancy if Tenant does not in excess fact use the Premises during such period, then, so long as no Event of Default exists, Tenant shall be entitled to an abatement of the average electrical load Base Rent payable hereunder for the period beginning on the day after such ten (10) day period ends and human continuing until the earlier of the date Tenant resumes use or occupancy factors for which the Building air-conditioning system is designed, (B) because of Alterations made by or on behalf of Tenant, (C) in any portions of the Premises exposed to direct sunlight in which Tenant fails to keep or the window treatments closed, or (D) because date use of the failure by Tenant or its Agents Premises is restored to use the HVAC system in the manner in which it was designed to be used. Tenant agrees to observe and comply with all reasonable rules from time to time prescribed by Landlord for the proper functioning and protection of the HVAC systems in the BuildingTenant.

Ordinary Services to the Premises. As long as no Event of Default has occurred and is continuing and subject to Legal Requirements and Force Majeure events, Landlord shall use best efforts to furnish to the Premises throughout the Term Term: (i) electricity appropriate for the Permitted Usefacilities to furnish heating, (ii) heating ventilation, and air conditioning ("HVAC") appropriate for the Permitted Use during Normal Business HoursHours (as defined in the Rules and Regulations), except for legal holidays observed by the federal government; (ii) reasonable janitorial service as more particularly set forth on Exhibit E attached hereto; (iii) regular janitorial service, (iv) regular trash removal from the Premises, ; (viv) hot and cold water from points of supply, ; (v) restrooms; (vi) adequate supplies for restrooms located in the Common Area, and (vii) elevator service, provided that Landlord shall have the right to temporarily remove such elevators from service as may be required for moving, moving freight or for servicing or maintaining the elevators or the Building; and (vii) facilities to furnish electricity sufficient for Building standard lighting, typewriters, dictating equipment, calculating machines, personal computers and other machines of similar low electrical consumption, but not including electricity and air conditioning units required for equipment of Tenant that is in excess of Building standard or for security reasonsthat is beyond Normal Business Hours. However, nothing contained in this SECTION 17.1 shall be construed as requiring Landlord to upgrade the existing electrical system servicing the Premises; if any such upgrade is necessary Tenant shall complete the same as a component of Tenant's Work and in accordance and in compliance with the Work Agreement. The cost of all services provided by Landlord hereunder shall be included within Operating Expenses, unless charged directly (and not as a part of Operating Expenses) to Tenant or another tenant of the Building. The foregoing services as set forth in SECTION 17.2 below and except that all electricity and telephone charges shall not be included within Operating Expenses and shall be furnished by Landlord and reimbursed paid by Tenant as part of Operating Expenses; provided, however, that Landlord shall be under no responsibility or liability for failure, defect or interruption more particularly set forth in such services caused by Force Majeure, breakage, accident, strikes, repairs or for any other cause or causes beyond the control of Landlord, nor in any event for any indirect or consequential damages; and failure or omission on the part of Landlord to furnish such service shall not be construed as an eviction of Tenant, nor work an abatement of Rent, nor render Landlord liable in damages, nor release Tenant from prompt fulfillment of any of the covenants under this LeaseSECTION 17.5 below. Landlord may comply with voluntary controls or guidelines promulgated pursuant to any Legal Requirements relating to the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Landlord shall will not be responsible if the normal operation for any inadequacy or failure of the Building air-air conditioning system shall fail to provide conditioned air within comfortable temperatures levels (A) in any portions if such inadequacy or failure results from the occupancy of the Premises which have a by more than an average of one person for each 110 square feet. In addition, Tenant shall not install and operate machines and appliances the total connected electrical load for all purposes (including lighting and power) or of which have a human occupancy in excess exceeds 2.5 wattx xxx square foot of the average electrical load and human occupancy factors for which the Building air-conditioning system is designed, (B) because of Alterations made by or on behalf of Tenant, (C) in any portions of the Premises exposed to direct sunlight in which Tenant fails to keep the window treatments closed, or (D) because of the failure by Tenant or its Agents to use the HVAC system in the manner in which it was designed to be used. Tenant agrees to observe and comply with all reasonable rules from time to time prescribed by Landlord for the proper functioning and protection of the HVAC systems in the Buildingarea.

Ordinary Services to the Premises. As long as no Event of Default has occurred and is continuing and subject Subject to Legal Requirements and --------------------------------- Force Majeure events, Landlord shall use best efforts to furnish to the Premises throughout the Term (i) electricity appropriate for the Permitted UseUse and other items as set forth herein, (ii) heating and air conditioning appropriate for the Permitted Use and other items as set forth herein during Normal Business Hours, (iii) regular daily janitorial serviceservice (on days when the Building is open), (iv) regular trash removal from the Premises, (v) hot and cold water from points of supply, (vi) adequate supplies for restrooms located in the Common Area, and (vii) elevator service, provided that Landlord shall have the right to temporarily remove up to three (3) of such elevators from service as may be required for moving, freight or for servicing or maintaining the elevators or the Building or for security reasons, provided Tenant's access to the Premises is not materially adversely affected thereby. The cost of all services provided by Landlord hereunder shall be included within Operating Expenses, unless charged directly (and not as a part of Operating Expenses) to Tenant or another tenant of the Building. The foregoing services shall be furnished by Landlord and reimbursed by Tenant as part of Operating Expenses; , provided, however, that Landlord shall be under no responsibility or liability for failure, defect or interruption in such services caused by Force Majeure, breakage, accident, strikes, repairs or for any other cause or causes beyond the control of Landlord, nor in any event for any indirect or consequential damages; and failure or omission on the part of Landlord to furnish such service shall not be construed as an eviction of Tenant, nor work an abatement of Rent, nor render Landlord liable in damages, nor release Tenant from prompt fulfillment of any of the covenants under this Lease. Landlord may comply with voluntary controls or guidelines promulgated pursuant to any Legal Requirements relating to the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Landlord shall not be responsible if the normal operation of the Building air-conditioning system shall fail to provide conditioned air within comfortable temperatures levels (A) in any portions of the Premises which have a connected electrical load for all purposes (including lighting and power) or which have a human occupancy in excess of the average electrical load and human occupancy factors for which the Building air-conditioning system is designed, (B) because of Alterations made by or on behalf of Tenant, (C) in any portions of the Premises exposed to direct sunlight in which Tenant fails to keep the window treatments closed, or (D) because of the failure by Tenant or its Agents to use the HVAC system in the manner in which it was designed to be used. Tenant agrees to observe and comply with all reasonable rules from time to time prescribed by Landlord for the proper functioning and protection of the HVAC systems in the Building.

Ordinary Services to the Premises. As long as no Event of Default has occurred occurred, and is continuing continuing, and subject to Legal Requirements and Force Majeure eventsexcept during or as a result of emergencies, Landlord shall use best efforts to furnish to the Premises throughout the Term (i) electricity appropriate for the Permitted Useelectricity, (ii) heating and air conditioning that is commercially reasonably appropriate for the Permitted Use during Normal Business Hoursbetween 7:00 a.m. and 8:00 p.m., Monday through Friday and between 7:00 a.m. and 12:00 p.m. on Saturday, except for legal holidays observed by the federal government, (ii) reasonable janitorial service, Monday through Friday, (iii) regular janitorial service, (iv) regular trash removal from the Premises, (viv) hot and cold water from points of supply, (viv) adequate supplies for the number of restrooms located as required by applicable zoning codes (provided, however, that any change in restrooms subsequent to the Common AreaLease Date shall be the sole responsibility of Tenant) , and (viivi) elevator service, if there is an elevator in the Building, provided that Landlord shall have the right to temporarily remove such elevators from service as may be required for moving, freight or for servicing or maintaining the elevators or the Building or for security reasonsBuilding. The cost of all services provided by Landlord hereunder shall be included within Operating Expenses, unless charged directly (and not as a part of Operating Expenses) to Tenant or another tenant of the Building. Landlord agrees to furnish landscaping and grounds maintenance and snow clearing for the Common Area needed for access to the Building. The foregoing services shall be furnished by Landlord and reimbursed by Tenant as part of Operating Expenses; provided, however, however that Landlord shall be under no responsibility or liability for failure, defect failure or interruption in such services caused by Force Majeure, breakage, accident, strikes, repairs or for any other cause or causes beyond the reasonable control of Landlord, nor in any event for any indirect or consequential consequential, incidental or special damages; and failure or omission on the part of Landlord to furnish such service shall not be construed as an eviction of Tenant, nor work an abatement of Rent, nor render Landlord liable in damages, nor release Tenant from prompt fulfillment of any of the covenants under this Lease. Landlord may comply with voluntary controls or guidelines promulgated pursuant to any Legal Requirements relating to the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease. Landlord shall not be responsible if the normal operation of the Building air-conditioning system shall fail to provide conditioned air within comfortable temperatures levels (A) in any portions of the Premises which have a connected electrical load for all purposes (including lighting and power) or which have a human occupancy in excess of the average electrical load and human occupancy factors for which the Building air-conditioning system is designed, (B) because of Alterations made by or on behalf of Tenant, (C) in any portions of the Premises exposed to direct sunlight in which Tenant fails to keep the window treatments closed, or (D) because of the failure by Tenant or its Agents to use the HVAC system in the manner in which it was designed to be used. Tenant agrees to observe and comply with all reasonable rules from time to time prescribed by Landlord for the proper functioning and protection of the HVAC systems in the Building.