Services and Utilities Clause Examples
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Services and Utilities. Landlord shall use all reasonable efforts to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Services and Utilities, attached hereto as Exhibit B, subject to the conditions and in accordance with the standards set forth therein. Landlord’s obligation to furnish services pursuant to Exhibit B shall be subject to the rules and regulations of the supplier of such services and governmental rules and regulations. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing, if: (i) any such utility service is interrupted because of the grossly negligent acts of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other Casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s sole remedy for such interruption shall be as follows: on the tenth (10th) consecutive Business Day following the latest to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such ten (10) Business Day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again.
Services and Utilities. 5.1 Con Edison shall, subject to the terms and conditions of a separate License Agreement and/or amendment to the Easement Grant, in a form acceptable to Con Edison in its sole discretion, allow the Power Authority to use and occupy certain land at the Con Edison Lands, as preliminarily shown on the Survey, attached hereto as Exhibit E, as required to permit subsurface and/or aerial rights for telecommunications facilities, including phone lines and communication lines, water lines, for potable water protection, two (2) 27 kV feeder(s) for light and power, which shall be owned by Power Authority from the Y connection of the Con Edison System to the Astoria Annex Substation, power supply from the Power Authority’s transformers to the PURS, and the extension of dielectric oil cooling lines for the Q35L & Q35M Transmission Lines. In obtaining the light and power for the Facility, Power Authority shall obtain and pay for unbundled delivery service from Con Edison. Con Edison shall provide the unbundled delivery service to the Power Authority under Con Edison’s Delivery Service Rate Schedule, PASNY No. 4, as it may be revised or superseded from time to time. The charges for the Con Edison delivery services referenced herein shall be based on quantities of electricity that are delivered to the Facility and that are metered at the revenue meters. All such utility/services facilities shall be owned by the Power Authority and shall be maintained by Con Edison pursuant to the terms and conditions of this Composite Agreement.
5.2 Prior to the O&M Commencement Date, the Power Authority shall install, at its sole cost and expense, (i) its own water meter at the Astoria Annex Substation, (ii) its own revenue/electric meters for equipment in the Astoria Annex Substation, (iii) its own revenue/electric meter for the PURS and Pressurization Plants at the Power Authority Property associated with Q35L & Q35M Transmission Lines and (iv) at other locations as Con Edison reasonably requests for the Facility. On or before the O&M Commencement Date, ownership of all such revenue meters shall be transferred to Con Edison. The Power Authority shall establish accounts for any services/utilities, including services, specified in Section 5.1 as applicable, in its own name. The Power Authority shall be solely responsible to pay for any and all such services directly to the provider of such services.
Services and Utilities. 9.01 Utilities ---------
(a) Tenant shall be solely responsible for supplying all utilities, heating and air-conditioning equipment in such manner as a reasonable, prudent owner of the Premises would do. Tenant shall promptly pay for, as and when they fall due, all costs of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other services to or used in respect of the Premises and the Tenant's operation therein.
(b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord may at its option, attend to the same at Tenant's expense with reasonable promptness having regard to the then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of heating or cooling and, in any event, Landlord shall not be liable for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible.
(c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with any services or utilities provided to or in respect of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises.
(d) Tenant's use of any such utilities shall not exceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord.
(e) Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) the use or occupancy of the Premises, or (ii) the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the...
Services and Utilities. The University shall furnish heat, electricity, water and sewer services. Internet and television services are also provided.
A. Temporary Interruption of Service: Services may be temporarily interrupted when necessary because of accident, emergency, repairs, alterations or improvements, which are deemed necessary and desirable in the judgment of the University. The Student shall claim no reduction or waiver of fees or other compensation, nor shall this agreement or any of its obligations be affected or reduced.
Services and Utilities. Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as determined by Landlord, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be immediately payable to Landlord on demand and shall be additional rent hereunder. Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premises.
Services and Utilities. 13.1 Landlord shall provide the Premises with services meeting or exceeding the specifications set forth on Exhibit F attached hereto. Except as otherwise provided in Exhibit F, Landlord agrees to furnish to the Premises at all times during the Term and in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area: (a) hot and cold water suitable for the normal office use of Tenant; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours (it being understood that, to the extent necessary, Landlord shall activate such heat and air conditioning systems at no additional cost to Tenant in advance of Building Business Hours so that the Premises is maintained at comfortable temperatures during Building Business Hours in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area); (c) elevator service by nonattended automatic elevators; and (d) equipment suitable to bring to the Premises electricity for lighting, convenience outlets and other Permitted Uses of Tenant. Landlord agrees to furnish cleaning and janitorial service after Building Business Hours on generally recognized business days (but exclusive in any event of Saturdays, Sundays and national and local legal holidays). Landlord shall be responsible for snow removal in a manner consistent with properties of a similar caliber to the Park in the Bedford, Massachusetts area. Subject to Section 13.1.1. below, to the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within thirty (30) days of Landlord’s demand, for all electricity used by Tenant in the Premises as measured by a submeter, including, all electricity for lights and plugs. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for such services by the local public utility. Landlord will include electricity costs to operate the HVAC system in Expenses. Notwithstanding the terms and provisions of this Article 13, if, for more than three (3) consecutive business days following written notice from Tenant to Landlord, Landlord shall fail to commence and diligently pursue to completion the restoration of any utility or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the restor...
Services and Utilities. 5 Article 10
Services and Utilities. A. Tenant agrees that Landlord shall not be liable for failure to supply any heating, air conditioning, electrical, janitorial, lighting or other services. In the event of any interruption, reduction or discontinuance of services (either temporarily or permanently), Landlord shall not be liable for damages to persons or property as a result thereof, nor shall the occurrence of any such event in any way be construed as an eviction of Tenant. Notwithstanding the foregoing, if any such services are not supplied for a period exceeding three consecutive business days, and as a result of such lack of service, Tenant is unable to use the Premises for its intended use, Tenant shall be entitled to an abatement of Rent and other charges due hereunder, beginning with the fourth day, in such amount, not to exceed the per diem amount of such charges, as will fairly compensate Tenant for the inconvenience and loss of business resulting from the lack of such services. If an interruption of services which materially affects Tenant's use and enjoyment of the Premises continues for more than 30 consecutive calendar days, Tenant shall have the right to terminate this Lease upon written notice to Landlord, and shall surrender the Premises to Landlord.
B. Tenant shall pay for all water, gas, heat, light, power, telephone, trash disposal and other utilities and services supplied to the Premises, together with any taxes thereon.
Services and Utilities. During the Term, LESSOR shall be solely responsible for and shall pay expenses for all utilities used or consumed at the Premises, including but not limited to all water, gas, heat, light, power, telephone and other utilities and services supplied to the Premises together with any taxes thereon. If LESSEE desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities existing on the Effective Date, such installation shall be subject to LESSOR’s prior written approval (such approval not to be unreasonably withheld, conditioned, denied or delayed) of LESSEE’s plans and specifications therefor.